[Federal Register: February 15, 2006 (Volume 71, Number 31)]
[Notices]
[Page 7942-7945]
[DOCID:fr15fe06-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0492; FRL-7756-1]

Oxytetracycline Risk Assessments; Notice of Availability and Risk
Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk
assessments, and related documents for the pesticide oxytetracycline,
and opens a public comment period on these documents. The public is
encouraged to suggest risk management ideas or proposals to address the
risks identified. EPA is developing a tolerance reassessment decision
(TRED) for oxytetracycline through a modified, 4-Phase public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES: Comments must be received on or before April 17, 2006.

ADDRESSES: Comments, identified by docket identification (ID) number
EPA-

HQ-OPP-2005-0492, may be submitted electronically, by mail, or through
hand delivery/courier. Follow the detailed instructions as provided in
Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPP-2005-0492. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington,
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket telephone number
is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    EDOCKET, EPA's electronic public docket and comment system was
replaced on November 25, 2005, by an enhanced Federal-wide electronic
docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
EPA-HQ-OPP-2005-

0492. The system is an ``anonymous access'' system, which means EPA
will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID Number EPA-HQ-OPP-2005-0492. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number EPA-HQ-OPP-2005-
0492.
    3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number EPA-HQ-OPP-2005-0492. Such deliveries are only accepted during
the docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health risk
assessment and related documents for oxytetracycline, and soliciting
public comment on risk management ideas or proposals. Oxytetracycline
is an antibiotic pesticide used primarily to control fire blight in
pears and bacterial spot in peaches and nectarines. EPA developed the
risk assessments and risk characterization for oxytetracycline through
a modified version of its public process for making pesticide
reregistration eligibility and tolerance reassessment decisions.
Through these programs, EPA is ensuring that pesticides meet current
standards under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).
    The majority of oxytetracycline is used on pears, peaches, and
nectarines. Oxytetracycline is also approved for emergency use on
apples. Oxytetracycline is also used as an injection in trees and
ornamental shrubs. Oxytetracycline is generally applied by ground or
aerial spray. Oxytetracycline is also approved for use by the US Food
and Drug Administration as an oral antibiotic in humans/animals and as
a feed additive in animals.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for oxytetracycline. Such comments and input could address,
for example, the availability of additional data to further refine the
risk assessments, such as data on antimicrobial resistant bacteria that
may be present in orchards, or could address the Agency's risk
assessment methodologies and assumptions as applied to this specific
pesticide.
    Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for oxytetracycline. EPA did not identify
any direct risks of concerns from dietary or residential exposure
associated with the use of oxytetracycline. It is possible that
continued use of oxytetracycline may result in antimicrobial resistant
bacteria that may transfer resistance to other bacteria. The Agency
solicits information on effective and practical measures to reduce the
possibility that bacteria may develop resistance and/or transfer
resistance to other bacteria.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to oxytetracycline, compared to
the general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, the Agency

is tailoring its public participation process to be commensurate with
the level of risk, extent of use, complexity of the issues, and degree
of public concern associated with each pesticide. For oxytetracycline,
a modified, 4-Phase process with one comment period and ample
opportunity for public consultation seems appropriate in view of its
small number of users and few complex issues. However, if as a result
of comments received during this comment period EPA finds that
additional issues warranting further discussion are raised, the Agency
may lengthen the process and include a second comment period, as
needed.
    All comments should be submitted using the methods in Unit I. of
the SUPPLEMENTARY INFORMATION, and must be received by EPA on or before
the closing date. Comments will become part of the Agency Docket for
oxytetracycline. Comments received after the close of the comment
period will be marked ``late.'' EPA is not required to consider these
late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 7, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 06-1352 Filed 2-14-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32249-32253]
[FR Doc No: 2017-14774]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2016-0344; FRL-9962-39-Region 6]

Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Oklahoma Department of Environmental Quality
(ODEQ) has applied to the Environmental Protection Agency (EPA) for
final authorization of the changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
direct final action. In the ``Proposed Rules'' section of this Federal
Register, EPA is also publishing a separate document that serves as the
proposal to authorize these changes. EPA believes this action is not
controversial and does not expect comments that oppose it. Unless EPA
receives written comments which oppose this authorization during the
comment period, the decision to authorize Oklahoma's changes to its
hazardous waste program will take effect. If EPA receives comments that
oppose this action, EPA will publish a document in the Federal Register
withdrawing this direct final rule before it takes effect, and the
separate document in the ``Proposed Rules'' section of this Federal
Register will serve as the proposal to authorize the changes.

DATES: This final authorization is effective on September 11, 2017
unless the EPA receives adverse written comment by August 14, 2017. If
the EPA receives such comment, EPA will publish a timely withdrawal of
this direct final rule in the Federal Register and inform the public
that this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (prior to faxing, please notify Alima
Patterson at<PHONE_NUMBER>).
     Mail: Alima Patterson, Regional Authorization Coordinator,
RCRA Permit Section (6MM-RP), Multimedia Division, EPA Region 6, 1445
Ross Avenue, Suite 1200, Dallas Texas 75202-2733.
     Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Regional Authorization Coordinator, RCRA Permit Section
(6MM-RP), Multimedia Division, EPA Region 6, 1445 Ross Avenue, Suite
1200, Dallas Texas 75202-2733.
    Instructions: EPA must receive your comments by August 14, 2017.
Direct your comments to Docket ID Number EPA-R06-RCRA-2016-0344. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other Information (CBI), or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov, or email. The Federal http://www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, the EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If the EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. (For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at http://www.regulations.gov).
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov, or in hard copy.
    You can view and copy Oklahoma's application and associated
publicly available materials from 8:30 a.m. to 4:00 p.m. Monday through
Friday at the following locations: Oklahoma Department of Environmental
Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101-1677, (405)
702-7180 and EPA, Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas
75202-2733, phone number<PHONE_NUMBER>. Interested persons wanting to
examine these documents should make an appointment with the office at
least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, Permit Section (6MM-RP), Multimedia
Division,<PHONE_NUMBER>, EPA Region 6, 1445 Ross Avenue, Suite 1200,
Dallas Texas 75202-2733, and Email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates

pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA)
take effect in authorized States at the same time that they take effect
in unauthorized States. Thus, the EPA will implement those requirements
and prohibitions in the State of Oklahoma, including the issuance of
new permits implementing those requirements, until the State is granted
authorization to do so.

B. What decisions has the EPA made in this rule?

    On November 1, 2015, the ODEQ submitted a final complete program
revision application seeking authorization of changes to its hazardous
waste program that correspond to Federal rules promulgated between July
1, 2013 and June 30, 2014 (RCRA Cluster XXIII). The EPA concludes that
Oklahoma's application to revise its authorized program meets all of of
the statutory and regulatory requirements established by RCRA.
Therefore, we grant ODEQ final authorization to operate its hazardous
waste program with the changes described in the authorization
application. ODEQ has responsibility for permitting treatment, storage,
and disposal facilities within its borders. Also, section 10211(a) of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act of
2005 (``SAFETEA''), Public Law 109-59, 119 Statute 1144 (August 10,
2005) provides the State of Oklahoma opportunity to request approval
from EPA to administer RCRA Subtitle C in Indian Country and for
carrying out the aspects of the RCRA program described in its revised
program application, subject to the limitations of the (HSWA). New
Federal requirements and prohibitions imposed by Federal regulations
that the EPA promulgates under the authority of HSWA take effect in
authorized States before they are authorized for the requirements.
Thus, the EPA will implement those requirements and prohibitions in
Oklahoma including issuing permits, until the State is granted
authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Oklahoma subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. ODEQ has enforcement responsibilities under its State hazardous
waste program for violations of such program, but the EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses,
or reports;
     enforce RCRA requirements and suspend or revoke permits,
and
     take enforcement actions after notice to and consultation
with the State.
    This action does not impose additional requirements on the
regulated community because the regulations for which ODEQ is being
authorized by this direct action is already effective under State law,
and are not changed by this action.

D. Why wasn't there a proposed rule before this direct final rule?

    The EPA did not publish a proposal before this rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of this Federal
Register, we are publishing a separate document that proposes to
authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.

F. For what has Oklahoma previously been authorized?

    ODEQ initially received final authorization on January 10, 1985 (49
FR 50362-50363), published December 27, 1984, to implement its base
hazardous waste management program. We authorized the following
revisions: ODEQ received authorization for revisions to its program
with publication dates: April 17, 1990 (55 FR 14280-14282), effective
June 18, 1990; September 26, 1990 (55 FR 39274), effective November 27,
1990; April 2, 1991 (56 FR 13411-13413), effective June 3, 1991;
September 20, 1991 (56 FR 47675-47677), effective November 19, 1991;
September 29, 1993 (58 FR 50854-50856), effective November 29, 1993;
October 12, 1993 (58 FR 52679-52682), effective December 13, 1993;
October 7, 1994 (59 FR 51116-51122), effective December 21, 1994;
January 11, 1995 (60 FR 2699-2702), effective April 27, 1995; October
9, 1996 (61 FR 52884-52886), effective December 23, 1996; Technical
Correction March 14, 1997 (62 FR 12100-12101), effective March 14,
1997; September 22, 1998 (63 FR 50528-50531), effective November 23,
1998; March 29, 2000 (65 FR 16528-16532), effective May 30, 2000; May
10, 2000 (65 FR 29981-29985), effective June 10, 2000; January 2, 2001
(66 FR 28-33), effective March 5, 2001; April 9, 2003 (68 FR 17308-
17311), effective June 9, 2003; February 4, 2009 (74 FR 5994-6001),
effective April 6, 2009; April 6, 2011 (76 FR 18927-18930), effective
June 6, 2011; March 15, 2012 (77 FR 15273-15276), effective May 14,
2012; May 29, 2013 (78 FR 32161-32165), effective July 29, 2013; and
August 29, 2014 (79 FR 51497-51500), effective October 28, 2014. The
authorized Oklahoma RCRA program was incorporated by reference into the
CFR published on October 12, 1993 (58 FR 52679-52682), effective
December 13, 1993; April 30, 1998 (63 FR 23673-23678), effective July
14, 1998; August 26, 1999 (64 FR 46567-46571), effective October 25,
1999; August 27, 2003 (68 FR 51488-51492), effective October 27, 2003;
June 28, 2010 (75 FR 36546-36550), effective August 27, 2010; May 17,
2012 (77 FR 29231-29235), effective July 16, 2012; August 7, 2012, (77
FR 46964-46968), effective October 9, 2012; and July 1, 2014 (79 FR
37226-37230), effective September 2, 2014. On November 1, 2015, ODEQ
submitted a final complete program revision application seeking
authorization of its program revision in accordance with 40 CFR 271.21.
    The Oklahoma Hazardous Waste Management Act (OHWMA) provides the
ODEQ with the authority to administer the State Program, including the
statutory and regulatory provisions necessary to administer the
provisions of RCRA Cluster XXIII, and designates the ODEQ as the State
agency to cooperate and share information with EPA for purpose of
hazardous waste regulation. The Oklahoma

Environmental Quality Code (``Code''), at 27A O.S. Section 2-7-101 et
seq. establishes the statutory authority to administer the Hazardous
waste management program under RCRA Subtitle C. The State regulations
to manage the Hazardous waste management program is at Oklahoma
Administrative Code (OAC) Title 252:205-3-2. One minor change occurred
in the State Program, wherein the ODEQ revoked a portion of OAC 252:205
Subchapter 19, in order to make the existing state rules consistent
with changes to the Oklahoma Statutes. 27A O.S. Sec.  2-7-118(B) and
(C) were revoked during the first Regular Session of the 54th Oklahoma
Legislature. This statute prohibited, as a form of recycling, the
burning of hazardous waste with a low heating value, or the blending of
low-Btu fuel with other materials or wastes to create a hazardous waste
fuel. The revocation of OAC 252:205-19-5 was proposed to reflect that
deletion and to conform the state rules to the Oklahoma Statutes. These
changes were neither more nor less stringent than the existing federal
rules and, therefore, had no substantive impact on the hazardous waste
program implemented by the Department of Environmental Quality.
    The Oklahoma Legislature in April of 2015 amended the OHWMA by
passing 27A O.S. Sec.  2-7-116(H), which clarified that the temporary
staging of hazardous waste in a permitted hazardous waste unit while
the waste was undergoing analysis to determine that the waste is
acceptable for disposal does not constitute disposal of the waste. This
new provision, effecting what constitutes disposal in Oklahoma, has not
been submitted for EPA review and we are taking no action on it in this
rulemaking.
    The ODEQ adopted applicable federal hazardous waste regulations as
amended through July 1, 2014. The regulatory amendment implementing
this adoption by reference has an effective date of September 15, 2015.
The provisions for which the State of Oklahoma is seeking authorization
are documented in the Regulatory Documentation For Federal Provisions
For Which The State Of Oklahoma Is Seeking Authorization, Federal Final
Rules Published Between July 1, 2013 Through June 30, 2014, RCRA
CLUSTER XXIII, prepared on May 14, 2015.
    The ODEQ incorporates the Federal Regulations by reference and
there have been no changes in State or Federal laws or regulations that
have diminished the ODEQ's ability to adopt the Federal regulations by
reference. The Federal hazardous waste regulations are adopted by
reference by the ODEQ at OAC 252:205, Subchapter 3. The ODEQ does not
adopt Federal regulations prospectively.
    The State Hazardous waste management program (``State Program'')
now has in place, the statutory authority and regulations for all
required components of federal regulations adopted in Checklists 229,
230, 231 and 232 in RCRA Cluster XXIII. These statutory and regulatory
provisions were developed to ensure the State program is equivalent to,
consistent with, and no less stringent than the Federal Hazardous waste
management program.
    The Environmental Quality Act, at 27A O.S. Section 1-3-101(E),
grants the Oklahoma Corporation Commission (OCC) authority to regulate
certain aspects of the oil and gas production and transportation
industry in Oklahoma, including certain wastes generated by pipelines,
bulk fuel sales terminals and certain tank farms, as well as,
underground storage tanks. To clarify areas of environmental
jurisdiction, the ODEQ and OCC developed an ODEQ/OCC Jurisdictional
Guidance Document to identify respective areas of jurisdiction. The
current ODEQ/OCC jurisdictional Guidance Document was amended and
signed on January 27, 1999. The revisions to the State Program
necessary to administer Cluster XXIII will not affect the
jurisdictional authorities of the ODEQ or OCC.
    The ODEQ adopted RCRA Cluster XXIII applicable federal hazardous
waste regulations as amended July 1, 2013 through June 30, 2014, and
became effective on September 15, 2015. The rules were also codified at
OAC 252 Chapter 205.
    Pursuant to OAC 252:205-3-2, the State's incorporation of Federal
regulations does not incorporate prospectively future changes to the
incorporated sections of the 40 CFR, and no other Oklahoma law or
regulation reduces the scope of coverage or otherwise affects the
authority provided by these incorporated-by-reference provisions.
Further, Oklahoma interprets these incorporated provisions to provide
identical authority to the Federal provisions. Thus, OAC Title 252,
Chapter 205 provides equivalent and no less stringent authority than
the Federal Subtitle C program in effect July 1, 2014. The State of
Oklahoma incorporates by reference the provisions of 40 CFR part 124
that are required by 40 CFR 271.14 (with the addition of 40 CFR
124.19(a) through (c), 124.19(e), 124.31, 124.32, 124.33 and subpart
G); 40 CFR parts 260 through 268 [with the exception of 260.21, 262
subparts E and H, 264.1(f), 264.1(g)(12), 264.149, 264.150, 264.301(1),
264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), 264.1080(g),
265.1(c)(4), 265.1(g)(12), 265.149, 265.150, 265.1030(c), 265.1050(f)
265.1080(e), 265.1080(f), 265.1080(g), 268.5, 268.6, 268.13, 268.42(b),
and 268.44(a) through (g)]; 40 CFR part 270 [with the exception of
270.1(c)(2)(ix) and 270.14(b)(18)]; 40 CFR part 273; and 40 CFR part
279.
    The ODEQ is the lead Department to cooperate and share information
with the EPA for purpose of hazardous waste regulation.
    Pursuant to 27A O.S. Section 2-7-104, the Executive Director has
created the Land Protection Division (LPD) to be responsible for
implementing the State Program. The LPD is staffed with personnel that
have the technical background and expertise to effectively implement
the provisions of the State program Subtitle C Hazardous waste
management program.

G. What changes are we authorizing with this action?

    On November 1, 2015, the ODEQ submitted final complete program
applications seeking authorization of their changes in accordance with
40 CFR 271.21. We now make an immediate final decision, subject to
receipt of written comments that oppose this action that the ODEQ's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. The ODEQ revisions
consist of regulations which specifically govern Federal hazardous
waste revisions promulgated between July 1, 2013 through June 30, 2014
(RCRA Cluster XXIII). The ODEQ requirements are included in a chart
within this document.

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
requirement (include checklist     (and/or RCRA       Analogous state
        #, if relevant)             statutory            authority
                                    authority
------------------------------------------------------------------------
1. Conditional Exclusions for   78 FR 46448-46485  Oklahoma Statutes
 Solvent Contaminated Wipes      July 31, 2013;     Title 27A Section 2-
 (Checklist 229).                effective          7-101 et seq.,
                                 January 31, 2014.  Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.

2. Conditional Exclusion for    79 FR 350-364      Oklahoma Statutes
 Carbon Dioxide (CO2) Streams    January 3, 2014;   Title 27A Section 2-
 in Geologic Sequestration       effective March    7-101 et seq.,
 Activities (Checklist 230).     4, 2014.           Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.
3. Hazardous Waste Electronic   79 FR 7518-7563    Oklahoma Statutes
 Manifest System; Final Rule     February 7,        Title 27A Section 2-
 (Checklist 231).                2014; effective    7-101 et seq.,
                                 August 6, 2014.    Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.
4. Revisions to the Export      79 FR 36220-36231  Oklahoma Statutes
 Provisions of the Cathode Ray   June 26, 2014;     Title 27A Section 2-
 Tube (CRT) Rule (Checklist      effective          7-101 et seq.,
 232.                            December 26,       Oklahoma Hazardous
                                 2014.              Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.
------------------------------------------------------------------------

H. Where are the revised State rules different from the Federal rules?

    There are no State requirements that are more stringent or broader
in scope than the Federal requirements.

I. Who handles permits after the authorization takes effect?

    ODEQ will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Oklahoma
is not yet authorized.

J. How does this action affect Indian country (8 U.S.C. 1151) in
Oklahoma?

    Section 8 U.S.C. 1151 does not affect the State of Oklahoma because
under section 10211(a) of the SAFETEA, Public Law 109-59, 119 Statute
1144 (August 10, 2005) provides the State of Oklahoma opportunity to
request approval from EPA to administer RCRA Subtitle C in Indian
Country and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of the
HSWA.

K. What is codification and is the EPA codifying Oklahoma's hazardous
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart LL for this authorization of ODEQ's program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register document.

I. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. The
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is
also exempt from review under Executive orders 12866 (56 FR 51735,
October 4, 1993). This action authorizes State requirements for the
purpose of RCRA 3006 and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes preexisting requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action 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 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). 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. The EPA will submit a report containing
this document 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 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). This action will be effective September 11, 2017.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: April 24, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-14774 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Rules and Regulations]
[Page 14493-14495]
[DOCID:fr26mr10-3]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0002]
RIN 1625-AA00

Safety Zone; Dive Platform, Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around
the USNS Sioux or M/V EL LOBO GRANDE II dive platform and the 332-foot
Tanker Barge CAPELLA while they are performing operations in and around
the CHEHALIS wreck. The safety zone is necessary to protect other
vessels and the general public from hazards associated with pre-staging
vessels and dive operations. Entry into or remaining in the safety zone
during the effective period is prohibited unless authorized by the
Captain of the Port Honolulu.

DATES: This rule is effective from 6 a.m. on March 25, 2010 through 8
p.m. on April 17, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0002 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0002 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant Commander Marcella Granquist, Waterways
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
842-2600, e-mail<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 5, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Dive Platform, Pago Pago Harbor, American
Samoa in the Federal Register (75 FR 5907). We received no comments and
no public meeting was requested or held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Making this safety zone effective
March 25, 2010 is essential to protect the public from the hazards
associated with pre-staging large vessels for the planned diving
operations in and around the CHEHALIS wreck.

Background and Purpose

    On October 7, 1949 the 4,130-ton gasoline tanker CHEHALIS sank in
Pago Pago Inner Harbor, in an estimated 160 feet of water,
approximately 350-feet from the fuel dock located near Goat Island
Point, Pago Pago, American Samoa. From April 23, 2009 to May 10, 2009,
the U.S. Coast Guard performed dive operations on the CHEHALIS wreck to
determine the wreck's potential pollution threat to the environment. In
December 2009, the U.S. Coast Guard planned dive operations to mitigate
the wreck's potential pollution threat with pre-staging vessels
beginning March 25, 2010 and conducting diving operations from March
27, 2010 to April 17, 2010.

Discussion of Comments and Changes

    No comments were received and no public meeting was held. Two
changes from the proposed temporary rule to the final temporary rule
are necessary to enact the safety zone during the pre-staging of the
dive platform and associated 332-foot Tank Barge starting on March 25,
2010 to ensure dive operations finish by April 17, 2010. First, we are
changing the effective date of the regulation to March 25, 2010 instead
of March 29, 2010. Second, we are slightly enlarging the area of the
safety zone to accommodate both the dive platform and the Tank Barge,
from a proposed 200-foot radius to an area approximately 600 by 300
feet. We note

that vessels will still be able to transit around the enlarged safety
zone.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Vessels will be able to transit around the zone. The Sector
Honolulu Captain of the Port will allow vessels in the zone on a case-
by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities since vessels will be allowed to transit around
temporary Safety Zone north of the fuel dock in Pago Pago Inner Harbor,
American Samoa. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and how
and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding this rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and

have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This
rule involves the creation of a temporary safety zone. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T14-199 to read as follows:

Sec.  165.T14-199  Safety Zone; Dive Platform Vessel, Pago Pago Harbor,
American Samoa.

    (a) Location. The following area is a temporary safety zone: All
waters contained around the USNS Sioux or M/V EL LOBO GRANDE II dive
platform and the 332-foot Tanker Barge CAPELLA while they are
performing operations in and around the CHEHALIS wreck in Pago Pago
Harbor, American Samoa. This safety zone is in the rough shape of a box
600 feet east/west and 300 feet north/south bounded by the points:
14[deg]16'36'' S, 170[deg]40'51'' W; 14[deg]16'24'' S, 170[deg]40'51''
W; 14[deg]16'27'' S, 170[deg]40'48'' W, 14[deg]16'88'' S,
170[deg]41'67'' W, and 14[deg]16'34'' S, 170[deg]40'56'' W. This safety
zone extends from the surface of the water to the ocean floor. These
coordinates are based upon the National Oceanic and Atmospheric
Administration Coast Survey, Pacific Ocean, Samoa Islands, chart 83484.
    (b) Effective period. This rule is effective from 6 a.m. on March
25, 2010 through 8 p.m. on April 17, 2010.
    (c) Regulations. (1) Except for persons or vessels described in
paragraph (c)(3) of this section, in accordance with the general
regulations in 33 CFR part 165, Subpart C, entry into or remaining in
the safety zone described in paragraph (a) of this section is
prohibited.
    (2) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at telephone number 1-684-633-2299, the
dive platform vessel on VHF channel 16 (156.800 MHz), or at telephone
number 1-808-842-2600, to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his designated
representative.
    (3) No person or vessel may enter or remain in the zone except for
support vessels/aircraft and support personnel, or other vessels
authorized by the Captain of the Port or his designated
representatives.
    (e) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: March 10, 2010.
B.A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2010-6693 Filed 3-25-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Page 36841]
[FR Doc No: 2020-13148]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2032-000]

Hardin Wind LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Hardin Wind LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 2, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: June 12, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-13148 Filed 6-17-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Rules and Regulations]
[Page 57574-57576]
[DOCID:fr09no09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0134; Directorate Identifier 2008-NM-162-AD;
Amendment 39-16079; AD 2009-23-07]
RIN 2120-AA64

Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB
340A (SAAB/SF340A) and SAAB 340B Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During 2008, two cases of main hydraulic accumulator failure
were reported, one of which was caused by corrosion. Investigation
has shown that a severe failure can occur to any of the four
hydraulic accumulators which are installed in the hydraulic
compartment. Either one of the two end parts on the accumulator may
depart from the pressure vessel due to corrosion. This condition, if
not corrected, is likely to degrade the functionality of the
hydraulic system, possibly resulting in degradation or total loss of
control of the landing gear, flap actuation and brakes. A severe
failure during flight may even result in debris penetrating and
exiting the fuselage outer skin. When such a failure occurs while
the aeroplane is on the ground, as in the two reported cases, this
may cause severe damage to the fuselage and result in injuries to
persons nearby.

* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective December 14, 2009.

    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 14,
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on August 12, 2009 (74 FR 40527). That supplemental NPRM proposed to
correct an unsafe condition for the specified products. The MCAI
states:

    During 2008, two cases of main hydraulic accumulator failure
were reported, one of which was caused by corrosion. Investigation
has shown that a severe failure can occur to any of the four
hydraulic accumulators which are installed in the hydraulic
compartment. Either one of the two end parts on the accumulator may
depart from the pressure vessel due to corrosion. This condition, if
not corrected, is likely to degrade the functionality of the
hydraulic system, possibly resulting in degradation or total loss of
control of the landing gear, flap actuation and brakes. A severe
failure during flight may even result in debris penetrating and
exiting the fuselage outer skin. When such a failure occurs while
the aeroplane is on the ground, as in the two reported cases, this
may cause severe damage to the fuselage and result in injuries to
persons nearby.
    Since [EASA] AD 2008-0146 was issued, one more case of main
hydraulic accumulator failure has been reported, which occurred in
flight during final approach. The aeroplane was able to land safely
and there were no injuries reported on the aeroplane or on the
ground.
    To address and correct this unsafe condition, a modified
hydraulic accumulator has been developed, which is sealed between
the barrel and the screw cap and between the screw cap and the end
cap.
    For the reasons described above, this EASA AD requires the
replacement of the affected hydraulic accumulators P/N (part number)
08 8423 001 1 and P/N 08 8423 030 1, as identified in Saab SB
(Service Bulletin) 340-29-023, with a modified hydraulic
accumulator.
    This AD is revised to indicate that the accomplishment of SAAB
SB 340-29-024 is another acceptable method to correct the unsafe
condition.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the supplemental NPRM or on the
determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 111 products of U.S. registry.
We also estimate that it takes 8 work-hours per product to comply with
the basic requirements of this AD. The average labor rate is $80 per
work-hour. Required parts will cost $8,800 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the AD on U.S. operators to be
$1,047,840, or $9,440 or per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-23-07 Saab AB, Saab Aerosystems: Amendment 39-16079. Docket No.
FAA-2009-0134; Directorate Identifier 2008-NM-162-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Saab AB, Saab Aerosystems Model SAAB 340A
(SAAB/SF340A) and SAAB 340B airplanes, all serial numbers,
certificated in any category; on which hydraulic accumulators with
part number (P/N) 08 8423 001 1 or P/N 08 8423 030 1 are installed,
except accumulators with serial numbers listed in paragraph 3.B. of
Saab Service Bulletin 340-29-023, Revision 01, dated April 3, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During 2008, two cases of main hydraulic accumulator failure
were reported, one of which was caused by corrosion. Investigation
has shown that a severe failure can occur to any of the four
hydraulic accumulators which are installed in the hydraulic
compartment. Either one of the two end parts on the accumulator may
depart from the pressure vessel due to corrosion. This condition, if
not corrected, is likely to degrade the functionality of the
hydraulic system, possibly resulting in degradation or total loss of
control of the landing gear, flap actuation and brakes. A severe
failure during flight may even result in debris penetrating and
exiting the fuselage outer skin. When such a failure occurs while
the aeroplane is on the ground, as in the two reported cases, this
may cause severe damage to the fuselage and result in injuries to
persons nearby.
    Since AD 2008-0146 was issued, one more case of main hydraulic
accumulator failure has been reported, which occurred in flight
during final approach. The aeroplane was able to land safely and
there were no injuries reported on the aeroplane or on the ground.
    To address and correct this unsafe condition, a modified
hydraulic accumulator has been developed, which is sealed between
the barrel and the screw cap and between the screw cap and the end
cap.
    For the reasons described above, this EASA AD requires the
replacement of the affected hydraulic accumulators P/N (part number)
08 8423 001 1 and P/N 08 8423 030 1, as identified in Saab SB
(Service Bulletin) 340-29-023, with a modified hydraulic
accumulator.
    This AD is revised to indicate that the accomplishment of SAAB
SB 340-29-024 is another acceptable method to correct the unsafe
condition.

Actions and Compliance

    (f) Unless already done, replace the hydraulic accumulator at
the applicable time specified in paragraph (f)(1) or (f)(2) of this
AD in accordance with the instructions of Saab Service Bulletin 340-
29-023 or 340-29-024, both Revision 01, both dated April 3, 2009, as
applicable.
    (1) For airplanes on which the manufacturing date of the
hydraulic accumulator is June 2000 or earlier: Replace the
accumulator with a new or modified accumulator within 12 months
after the effective date of this AD.
    (2) For airplanes on which the manufacturing date of the
accumulator is July 2000 or later: Replace the accumulator with a
new or modified accumulator within 10 years after the manufacturing
date or within 12 months after the effective date of this AD,
whichever occurs later.
    (3) As of 12 months after the effective date of this AD, no
person may install a hydraulic accumulator, P/N 08 8423 001 1 or P/N
08 8423 030 1 on any airplane, except accumulators with serial
numbers listed in paragraph 3.B. of Saab Service Bulletin 340-29-
023, Revision 01, dated April 3, 2009.
    (4) Actions done before the effective date of this AD in
accordance with Saab Service Bulletin 340-29-023, dated June 10,
2008, are acceptable for compliance with the corresponding
requirements of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: Where the MCAI includes a compliance time of
``24 months,'' we have determined that a compliance time of ``within
12 months after the effective date of the AD'' is appropriate. The
manufacturer and EASA agree with this reduction in compliance time.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0146R1, dated April 16, 2009; and Saab Service
Bulletins 340-29-023 and 340-29-024, both Revision 01, both dated
April 3, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Saab Service Bulletin 340-29-023, Revision 01,
dated April 3, 2009; or Saab Service Bulletin 340-29-024, Revision
01, dated April 3, 2009; as applicable; to do the actions required
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Saab
Aircraft AB, SAAB Aerosystems, SE-581 88, Link[ouml]ping, Sweden;
telephone +46 13 18 5591; fax +46 13 18 4874; e-mail
<EMAIL_ADDRESS>Internet http://
www.saabgroup.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26591 Filed 11-6-09; 8:45 am]

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