[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12286-12293]
[FR Doc No: 2012-4822]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9640-8; EPA-HQ-OW-2010-0782]

Final National Pollutant Discharge Elimination System (NPDES)
General Permit for Stormwater Discharges from Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final permit issuance.

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SUMMARY: EPA's Regional Offices are issuing their final 2012 National
Pollutant Discharge Elimination System general permit for stormwater
discharges from large and small construction activities. This
construction general permit includes new requirements that implement
the technology-based Effluent Limitation Guidelines and New Source
Performance Standards, which were issued by EPA for the construction
and development industry on December 1, 2009. The permit also includes
new water quality-based requirements for construction sites discharging
stormwater to waters requiring additional pollutant control. EPA is
issuing this construction general permit for five (5) years, during
which time the permit will provide coverage to eligible existing and
new construction projects in all areas of the country where EPA is the
National Pollutant Discharge Elimination System permitting authority,
including Idaho, Massachusetts, New Hampshire, and New Mexico, Indian
Country Lands, Puerto Rico, Washington, DC, and U.S. territories and
protectorates.

DATES: The permit became effective on February 16, 2012. This effective
date is necessary to provide dischargers with the immediate opportunity
to comply with Clean Water Act requirements in light of the expiration
of the 2008 CGP on February 15, 2012. In accordance with 40 CFR part
23, this permit shall be considered issued for the purpose of judicial
review on March 1, 2012. Under section 509(b) of the Clean Water Act,
judicial review of this general permit can be had by filing a petition
for review in the United States Court of Appeals within 120 days after
the permit is considered issued for purposes of judicial review. Under
section 509(b)(2) of the Clean Water Act, the requirements in this
permit may not be challenged later in civil or criminal proceedings to
enforce these requirements. In addition, this permit may not be
challenged in other agency proceedings. Deadlines for submittal of
notices of intent are provided in Part 1.4.2 of the permit. This permit
also provides additional dates for compliance with the terms of these
permits.

FOR FURTHER INFORMATION CONTACT: For further information on the final
NPDES general permit, contact the appropriate EPA Regional office
listed in Section I.G, or you can send an email to<EMAIL_ADDRESS>You may
also contact Greg Schaner, EPA Headquarters, Office of Water, Office of
Wastewater Management at tel.:<PHONE_NUMBER>, Erika Farris, EPA
Headquarters, Office of Water, Office of Wastewater Management at tel.:
202-564-7548, or Jeremy Bauer, EPA Headquarters, Office of Water,
Office of Wastewater Management at tel:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of these documents and other related
information?
    C. Who are the EPA regional contacts for this final permit?
II. Background of Permit
    A. Statutory and Regulatory History
    B. Stay of the C&D Rule Numeric Limit and Implications for this
Permit
III. Summary of the Final CGP
    A. Non-Numeric C&D Rule Requirements
    B. Numeric C&D Rule Requirements
    C. Water Quality-Based Effluent Limits
    D. Summary of Significant Changes from the 2008 CGP
    E. Construction Projects Eligible for Permit Coverage
    F. Geographic Coverage
IV. Implementation Assistance
V. National Environmental Review Act (NEPA)
VI. Executive Orders 12866 and 13563
VII. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
VIII. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
IX. Analysis of Economic Impacts

I. General Information

A. Does this action apply to me?

    The final 2012 construction general permit (also referred to as
``CGP'' or ``2012 CGP'') applies to the following construction
activities:

                             Table 1--Entities Potentially Regulated by this Permit
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                                                                                North American Industry
                    Category                          Examples of Affected Entities       Classification System
                                                                                (NAICS) Code
----------------------------------------------------------------------------------------------------------------
Industry.......................................  Construction site operators disturbing 1 or more acres of land,
                                                  or less than 1 acre but part of a larger common plan of
                                                  development or sale if the larger common plan will ultimately
                                                  disturb 1 acre or more, and performing the following
                                                  activities:
                                                ----------------------------------------------------------------
                                                 Construction of Buildings.............                      236
                                                 Heavy and Civil Engineering                                 237
                                                  Construction.
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    EPA does not intend the preceding table to be exhaustive, but
provides it as a guide for readers regarding entities likely to be
regulated by this action. This table lists the types of activities that
EPA is now aware of that could potentially be affected by this action.
Other types of entities not listed in the table could also be affected.
To determine whether your facility is regulated by this action, you
should carefully examine the definition of ``construction activity''
and ``small construction activity'' in existing EPA regulations at 40
CFR 122.26(b)(14)(x) and 122.26(b)(15), respectively. If you have
questions regarding the applicability of this action to a particular
entity, consult one of the persons listed for technical information in
the preceding FOR FURTHER INFORMATION CONTACT section.
    Coverage under this permit is available to operators of eligible
projects located in those areas where EPA is the permitting authority
and has opted to make this general permit available for use. A list of
eligible areas is included in Appendix B of the final CGP. Eligibility
for coverage under the 2012 CGP is limited to operators of stormwater
discharges from ``new projects'', ``existing projects'', and ``new
operators of a new or existing project''. A ``new project'' is a
construction project that commenced or will commence construction
activities on or after February 16, 2012. An ``existing project'' is a
construction project that commenced construction prior to February 16,
2012. A ``new operator of a new or existing project'' is an operator
that replaces an existing operator on a construction project through
transfer or ownership and/or operation. EPA notes that the permit also
provides coverage for ``emergency-related projects'', which are
construction projects that are carried out in response to a public
emergency, and that require immediate authorization to avoid imminent
endangerment to human health or the environment, or to reestablish
essential public services.

B. How can I get copies of these documents and other related
information?

    1. Docket. EPA has established an official public docket for this
action under Docket ID No. EPA-HQ-OW-2010-0782. The official public
docket is the collection of materials that is available for public
viewing at the Water Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Although all documents in the docket are listed in an index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Publicly available docket materials are available in hard
copy at the EPA Docket Center Public Reading Room, open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER> and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    2. Electronic Access. You may access this Federal Register document
electronically through the United States government on-line source for
Federal regulations at http://www.regulations.gov.
    Electronic versions of this final permit and fact sheet are
available on EPA's NPDES Web site at http://www.epa.gov/npdes/stormwater/cgp.
    An electronic version of the public docket is available through the
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov 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. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets. 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 Section
I.B.1.

C. Who are the EPA regional contacts for this final permit?

    For EPA Region 1, contact Newton Tedder at tel.:<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    For EPA Region 2, contact Stephen Venezia at tel.:<PHONE_NUMBER>
or email at<EMAIL_ADDRESS>or for Puerto Rico, contact Sergio
Bosques at tel.:<PHONE_NUMBER> or email at<EMAIL_ADDRESS>

    For EPA Region 3, contact Chuck Schadel at tel.:<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    For EPA Region 4, contact Michael Mitchell at tel.:<PHONE_NUMBER>
or email at<EMAIL_ADDRESS>    For EPA Region 5, contact Brian Bell at tel.:<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    For EPA Region 6, contact Suzanna Perea at tel.:<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    For EPA Region 7, contact Mark Matthews at tel.:<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    For EPA Region 8, contact Greg Davis at tel.:<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    For EPA Region 9, contact Eugene Bromley at tel.:<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    For EPA Region 10, contact Margaret McCauley at tel.: (206) 553-
1772 or email at<EMAIL_ADDRESS>
II. Background of Permit

A. Statutory and Regulatory History

    The Clean Water Act (``CWA'') establishes a comprehensive program
``to restore and maintain the chemical, physical, and biological
integrity of the Nation's waters.'' 33 U.S.C. 1251(a). The CWA also
includes the objective of attaining ``water quality which provides for
the protection and propagation of fish, shellfish and wildlife and * *
* recreation in and on the water.'' 33 U.S.C. 1251(a)(2)). To achieve
these goals, the CWA requires EPA to control discharges of pollutants
from point sources through the issuance of National Pollutant Discharge
Elimination System (``NPDES'') permits.
    The Water Quality Act of 1987 (WQA) added section 402(p) to the
Clean Water Act (CWA), which directed EPA to develop a phased approach
to regulate stormwater discharges under the NPDES program. 33 U.S.C.
1342(p). EPA published a final regulation in the Federal Register,
often called the ``Phase I Rule'', on November 16, 1990, establishing
permit application requirements for, among other things, ``storm water
discharges associated with industrial activity.'' See 55 FR 47990. EPA
defines the term ``storm water discharge associated with industrial
activity'' in a comprehensive manner to cover a wide variety of
facilities. See id. Construction activities, including activities that
are part of a larger common plan of development or sale, that
ultimately disturb at least five acres of land and have point source
discharges to waters of the U.S. were included in the definition of
``industrial activity'' pursuant to 40 CFR 122.26(b)(14)(x). The second
rule implementing section 402(p), often called the Phase II Rule, was
published in the Federal Register on December 8, 1999. It requires
NPDES permits for discharges from construction sites disturbing at
least one acre but less than five acres, including sites that are part
of a larger common plan of development or sale that will ultimately
disturb at least one acre but less than five acres, pursuant to 40 CFR
122.26(b)(15)(i). See 64 FR 68722. EPA is proposing to issue this final
CGP under the statutory and regulatory authority cited above.
    NPDES permits issued for construction stormwater discharges are
required under Section 402(a)(1) of the CWA to include conditions to
meet technology-based effluent limits established under Section 301
and, where applicable, Section 306. Effluent limitations guidelines
(ELGs) and New Source Performance Standards (NSPS) are technology-based
effluent limitations that are based on the degree of control that can
be achieved using various levels of pollutant control technology as
defined in Subchapter III of the CWA.
    Once a new national standard is established in accordance with
these sections, NPDES permits must incorporate limits based on such
technology-based standards. See CWA sections 301 and 306, 33 U.S.C.
1311 and 1316, and 40 CFR 122.44(a)(1). Prior to the issuance of such
national standards, permitting authorities are required to incorporate
technology-based limits on a best professional judgment basis. CWA
section 402(a)(1); 40 CFR 125.3(a)(2)(ii)(B). On December 1, 2009, EPA
published final regulations establishing technology-based Effluent
Limitations Guidelines (ELGs) and New Source Performance Standards
(NSPS) for the Construction & Development (C&D) point source category.
See 40 CFR Part 450, and 74 FR 62996 (December 1, 2009). The
Construction & Development Rule, or ``C&D rule'', became effective on
February 1, 2010; therefore, all NPDES construction permits issued by
EPA or states after this date must incorporate the C&D rule
requirements. Because EPA will be issuing its new CGP after the
effective date of the C&D rule, the Agency is required by the CWA and
40 CFR 122.44(a)(1) to incorporate into its new CGP all applicable C&D
rule requirements.

B. Stay of the C&D Rule Numeric Limit and Implications for this Permit

    The C&D rule was finalized on December 1, 2009, and included non-
numeric requirements for erosion and sediment control, stabilization,
and pollution prevention (see 40 CFR 450.21(a) thru (f)), and, for the
first time, a numeric limitation on the discharge of turbidity from
active construction sites (see 40 CFR 450.22). Since its promulgation,
EPA discovered that the data used to calculate the numeric limit for
turbidity were misinterpreted, and that it was necessary to recalculate
the numeric limit.
    On August 12, 2010, EPA filed a motion with the U.S. Court of
Appeals for the Seventh Circuit, requesting the Court issue an order
vacating and remanding to the Agency limited portions of the final C&D
rule, specifically the numeric turbidity limit. To address the specific
issues raised by petitioners, the motion also provided that EPA:
     ``May address (and if necessary take further regulatory
action on) certain impacts of the final rule specific to linear gas and
electricity utility projects.''
     Will ``solicit site specific information regarding the
applicability of a numeric limit'' to cold weather sites and to small
sites that are part of a larger plan of development that is subject to
the numeric limit.
    On August 24, 2010, the U.S. Court of Appeals for the Seventh
Circuit remanded the matter to EPA but did not vacate the numeric
limit. On September 9, 2010, the National Association of Home Builders
(NAHB) filed a motion for clarification (which EPA did not oppose)
asking the Court to (1) vacate the limit and (2) hold the case in
abeyance instead of remanding the matter to EPA. On September 20, 2010,
the Court granted the motion in part by ruling to hold the matter in
abeyance pending EPA consideration of the numeric limit and the other
remand issues, but the Court did not vacate the numeric limit. Instead,
the Court stated that ``EPA may make any changes to the limit it deems
appropriate, as authorized by law.''
    On November 5, 2010, EPA issued a direct final regulation and a
companion proposed regulation to stay the numeric limitation at 40 CFR
450.22 indefinitely. The stay took effect on January 4, 2011, resulting
in an indefinite postponement of the implementation of the 280 NTU
limit. Since the numeric portion of the rule was stayed, EPA and the
states are no longer required to incorporate the numeric turbidity
limitation and monitoring requirements found at Sec.  450.22(a) and
Sec.  450.22(b). However, the remainder of the regulation is still in
effect and must be incorporated into newly issued permits.
    EPA notes that it published a Federal Register notice on January 3,
2012

requesting additional data on the performance of technologies in
controlling turbidity in stormwater discharges from construction sites.
The notice also requests information on other topics relevant to
establishing numeric effluent limitations for stormwater discharges
from these sites, including sample collection, applicability to linear
electric transmission line construction, cold weather considerations,
and the ability of small sites to meet a numeric standard. See 77 FR
112 (January 3, 2012).
    The final CGP is directly affected by the stay in that, due to the
stay, the permit does not need to include the numeric turbidity limit.
When EPA issued the draft permit for public comment, the Agency was
uncertain whether its work to complete the recalculation of the numeric
turbidity limit would be completed in time to incorporate into the
final permit. To be able to implement the yet-to-be promulgated
turbidity limit in the final permit, EPA included in the draft permit a
placeholder for the effluent limit, as well as proposed implementation
requirements such as turbidity monitoring and reporting protocols.
Because EPA is still in the process of collecting data to support the
recalculation of the numeric turbidity limit, and therefore a final
numeric turbidity limit is not yet available to implement, the Agency
has finalized the CGP without the numeric limit and related monitoring
and reporting requirements. EPA has, however, implemented the remaining
portion of the C&D rule that was not affected by the stay of the
numeric limit.

III. Summary of the Final CGP

    Today's final permit includes new requirements that implement the
portions of the effluent limitations guidelines and new source
performance standards in the C&D rule that are unaffected by the stay
of the numeric turbidity limit. Under these rules, site operators are
required to install and implement stormwater measures to accomplish
erosion and sediment control, pollution prevention, and stabilization.
For sites that discharge to waters where additional controls are
necessary to ensure compliance with applicable water quality standards,
the final permit includes new water quality-based effluent limits. This
section summarizes the C&D rule requirements upon which the permit's
technology-based requirements are based, and highlights the significant
new permit provisions included in the final permit.

A. Non-Numeric C&D Rule Requirements

    The non-numeric effluent limitations in the C&D rule are designed
to prevent the mobilization and discharge of sediment and sediment-
bound pollutants, such as nutrients, and to prevent or minimize
exposure of stormwater to construction materials, debris, and other
sources of pollutants on construction sites. In addition, these non-
numeric effluent limitations limit the generation of dissolved
pollutants. For background, soil on construction sites can contain a
variety of pollutants such as nutrients, organics, pesticides,
herbicides, and metals. These pollutants may be present naturally in
the soil, such as arsenic or selenium, or they may have been
contributed by previous activities on the site, such as agriculture or
industrial activities. These pollutants, once mobilized by stormwater,
can detach from the soil particles and become dissolved pollutants.
Once dissolved, these pollutants would not be removed by down-slope
sediment controls. Source control through minimization of soil erosion
is therefore the most effective way of controlling the discharge of
these pollutants.
    The non-numeric effluent limits in the C&D rule, upon which the
technology-based requirements in the final CGP are based, include the
following:
     Erosion and Sediment Controls: Permittees are required to
design, install, and maintain effective erosion and sediment controls
to minimize the discharge of pollutants. At a minimum, such controls
must be designed, installed, and maintained to:
    1. Control stormwater volume and velocity within the site to
minimize soil erosion;
    2. Control stormwater discharges, including both peak flowrates and
total stormwater volume, to minimize erosion at outlets and to minimize
downstream channel and streambank erosion;
    3. Minimize the amount of soil exposed during construction
activity;
    4. Minimize the disturbance of steep slopes;
    5. Minimize sediment discharges from the site. The design,
installation and maintenance of erosion and sediment controls must
address factors such as the amount, frequency, intensity, and duration
of precipitation, the nature of resulting stormwater runoff, and soil
characteristics, including the range of soil particle sizes expected to
be present on the site;
    6. Provide and maintain natural buffers around surface waters,
direct stormwater to vegetated areas to increase sediment removal, and
maximize stormwater infiltration, unless infeasible; and
    7. Minimize soil compaction and, unless infeasible, preserve
topsoil.
     Soil Stabilization Requirements: Permittees are required
to, at a minimum, initiate soil stabilization measures immediately
whenever any clearing, grading, excavating, or other earth disturbing
activities have permanently ceased on any portion of the site, or
temporarily ceased on any portion of the site and will not resume for a
period exceeding 14 calendar days. Stabilization must be completed
within a period of time determined by the permitting authority. In
arid, semiarid, and drought-stricken areas where initiating vegetative
stabilization measures immediately is infeasible, alternative
stabilization measures must be employed and vegetative stabilization
measures must be initiated as soon as practicable.
     Dewatering Requirements: Permittees are required to
minimize the discharge of pollutants from dewatering trenches and
excavations. Discharges are prohibited unless managed by appropriate
controls.
     Pollution Prevention Measures: Permittees are required to
design, install, implement, and maintain effective pollution prevention
measures to minimize the discharge of pollutants. At a minimum, such
measures must be designed, installed, implemented and maintained to:
    1. Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters. Wash waters must be
treated in a sediment basin or an alternative control that provides
equivalent or better treatment prior to discharge;
    2. Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers,
pesticides, herbicides, detergents, sanitary waste, and other materials
present on the site to precipitation and to stormwater; and
    3. Minimize the discharge of pollutants from spills and leaks and
implement chemical spill and leak prevention and response procedures.
     Prohibited Discharges: The following discharges from
regulated construction sites are prohibited:
    1. Wastewater from washout of concrete, unless managed by an
appropriate control;
    2. Wastewater from washout and cleanout of stucco, paint, form
release oils, curing compounds, and other construction materials;

    3. Fuels, oils, or other pollutants used in vehicle and equipment
operation and maintenance; and
    4. Soaps or solvents used in vehicle and equipment washing.
     Surface Outlets: When discharging from basins and
impoundments, permittees are required to utilize outlet structures that
withdraw water from the surface, unless infeasible.
    When EPA was writing the C&D rule's final non-numeric effluent
limits listed above, the Agency intended to provide discretion to
permitting authorities to determine how best to implement these
provisions with respect to requiring controls and measures appropriate
for the conditions in their permitted areas. For example, the preamble
to the C&D rule explains that ``EPA purposefully drafted the non-
numeric effluent limitations to allow for flexibility in how the
permitting authority implements the requirement in NPDES permits.'' See
74 FR 63016. As the permitting authority responsible for issuing
stormwater permits for construction activities in four states, Indian
Country, construction by Federal Operators, Washington, DC, and U.S.
territories/protectorates, EPA believes that it is important in this
final permit to include requirements that more specifically define what
EPA believes are appropriate to implement each of the C&D rule's non-
numeric limits. Accordingly, in translating the C&D rule requirements
into the final CGP, EPA added specificity to many of the C&D rule
provisions that it believed would benefit from further definition, such
as the requirements to ``provide and maintain natural buffers'' and to
``minimize soil compaction'', among others.

B. Numeric C&D Rule Requirements

    As stated above in Section II.B, the numeric turbidity limit
portion of the C&D rule has been indefinitely stayed. Because a
recalculated numeric limit has not yet been promulgated, this permit
does not include a technology-based numeric turbidity limit, nor does
it include related monitoring and reporting requirements that would
implement such a limit.

C. Water Quality-Based Effluent Limits

    Because the C&D rule requirements are technology-based, they do not
account for the level of pollutant control that may be necessary in a
specific area to meet applicable water quality standards. CWA Section
301(b)(1)(C) and EPA's regulations at 40 CFR 122.44(d)(1) require
permitting authorities to include additional or more stringent permit
requirements when necessary to achieve water quality standards. With
this requirement in mind, the final CGP includes additional
requirements that apply to those sites that discharge to waters
impaired for sediment, sediment-related parameters, or nutrients,
including nitrogen and phosphorus, which are parameters typically
associated with stormwater discharges from construction sites, and to
those sites that discharge to waters requiring enhanced protection
under a state or tribe's antidegradation requirements. To assist
construction operators in determining if their site discharges to an
impaired water, EPA has developed and made available an Internet-based
tool, which links watershed-based geographical mapping information with
state and tribal lists of impaired waters. The mapping tool can be
accessed through the eNOI system at http://cfpub.epa.gov/npdes/stormwater/enoi.cfm.

D. Summary of Significant Changes from the 2008 CGP

    The final permit includes a number of new or modified requirements,
many of which are related to the implementation of the new C&D rule
effluent limits, and thus differ from the 2008 CGP. The following list
summarizes the changes to the CGP:
    1. Structure/Appearance of Permit: EPA attempted to restructure its
CGP so that it would be better organized to present requirements in a
generally more readable manner. It is EPA's hope that this structure
will enhance the permittees' understanding of and compliance with the
permit's requirements. For instance, the permit's stormwater control
requirements are organized into distinct and related categories, such
as erosion and sediment control requirements, stabilization
requirements, and pollution prevention requirements.
    2. Eligibility for Emergency-Related Construction: EPA provides
immediate authorization for construction activities required for
response to public emergencies (e.g., natural disaster such as a
tornado or hurricane, widespread disruption in essential public
services). Immediate authorization will enable work that is necessary
to avoid imminent endangerment to human health or the environment, or
to reestablish essential public services, to proceed without
administrative delay. The construction operator must submit an NOI and
develop a stormwater pollution prevention plan (SWPPP) within 30
calendar days after commencing earth-disturbing activities, whereas
typically operators must submit NOIs 14 days prior to commencing earth-
disturbing activities.
    3. Eligibility for Use of Treatment Chemicals: EPA authorizes the
use of polymers, flocculants, or other treatment chemicals at sites
provided operators using treatment chemicals comply with the
requirements in Part <IP_ADDRESS> of the permit. The use of cationic
treatment chemicals is not eligible for permit coverage unless the
applicable EPA Regional Office specifically approves its use together
with any additional controls necessary to ensure that the use of such
chemicals does not result in an exceedance of applicable water quality
standards.
    4. Endangered Species and Historic Properties Requirements:
Construction operators are required to follow the procedures for
determining eligibility related to the protection of listed endangered
or threatened species and their critical habitat and to the
consideration of impacts to historic properties. See Appendices D and
E, respectively.
    5. Authorization Process/NOIs: EPA has increased the ``waiting
period'' from 7 days to 14 days for construction site operators seeking
coverage under this permit. This new 14-day timeframe is intended to
better reflect the endangered species-related reviews that must take
place prior to authorization. EPA also is hoping to maximize the use of
its electronic NOI, or eNOI, process for authorizing construction
discharges by requiring that construction operators seek coverage using
the eNOI system. A ``paper NOI'' will still be allowed, but prior
approval by the applicable EPA Region is necessary.
    6. Sediment and Erosion Controls: The final permit includes
specific requirements that implement the C&D rule's sediment and
erosion control limits. While some of these requirements are already
included in the 2008 CGP, the final permit includes more detail and
additional requirements in order to more closely track the language and
organization of the C&D rule. The following is a list of requirements
that can be considered significant modifications to the 2008 CGP:
    i. Installation of Sediment Controls Prior to Construction--By the
time earth-disturbing activities in any given portion of the site have
begun, operators must install and make operational any downgradient
sediment controls for the initial site clearing, grading, excavating,
and other land-disturbing activities, unless infeasible. Following the
installation of these initial controls, all other stormwater controls
described in

the SWPPP must be installed and made operational as soon as conditions
allow.
    ii. General Maintenance Requirements--The final permit includes
requirements for initiating work to fix problems on the same day that
they are found and completing such work by the close of the next work
day if the problem does not require significant repair or replacement,
or if the problem can be corrected through routine maintenance.
    iii. Buffer Compliance Alternatives--To implement the C&D rule
requirement to provide and maintain natural buffers around surface
waters, unless infeasible, sites must ensure that any discharges
flowing through the area between the disturbed portions of the property
and any surface waters located within 50 feet of the property on which
the construction activities will occur are treated by an area of
undisturbed natural vegetation and/or additional erosion and sediment
controls to achieve a reduction in sediment loads equivalent to that
achieved by 50 feet of undisturbed natural vegetation. Certain
exemptions to this requirement based on feasibility considerations are
also provided. Appendix G of the final permit has been added to provide
guidance to operators in complying with this requirement.
    iv. Perimeter Controls--Operators are required to install sediment
controls along those perimeter areas of the site that will receive
stormwater from earth-disturbing activities.
    v. Exit Points--Operators are required to minimize track-out of
sediment onto streets and other paved areas from vehicles exiting the
construction site. To comply with this requirement, the operator must
(1) restrict vehicle use to properly designated exit points, (2) use
appropriate stabilization techniques and other controls, as necessary,
at all points that exist onto paved roads, (3) where necessary, use
additional controls to remove sediment from vehicle tires prior to exit
and (4) remove tracked-out sediment from paved surfaces by the end of
the work day in which the track out occurs or by the end of the next
work day if track-out occurs on a non-work day.
    vi. Storm Drain Inlets--Controls must be installed and maintained
to remove sediment from the discharge prior to entry into any storm
drain inlets that carry stormwater flow directly from the site to a
surface water and that are accessible to the operator.
    vii. Dewatering Practices--Specific controls and discharge
restrictions apply to sites that will discharge ground water or
accumulated stormwater removed from excavations, trenches, foundations,
vaults, or other similar points of accumulation.
    5. Stabilization Requirements: The permit includes modified
stabilization requirements that define more specifically what EPA
requires for temporary and final stabilization.
    6. Pollution Prevention: Beyond adopting the specific C&D rule
requirements for pollution prevention and the prohibition of certain
discharges, the final permit includes specific control requirements
that ensure pollutant discharges are eliminated or minimized, depending
on the source. The pollution prevention requirements restrict the
discharge of a wide range of construction-related chemicals and
materials, including fertilizers, at construction sites.
    7. Water Quality-Based Effluent Limits: In addition to general
requirements that protect water quality in all receiving waters, the
final permit includes specific requirements that apply to sites
discharging to waters impaired for common pollutants associated with
construction activities, such as sediment and nutrients, and to sites
discharging to high quality waters. For such sites, construction
activities are subject to additional requirements, including tighter
stabilization deadlines (complete stabilization within 7 calendar days
of the temporary or permanent cessation of construction activities) and
more frequent site inspections. The permit also includes additional
requirements for waters identified as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes.
    8. Site Inspections: The frequency of inspections generally is
increased relative to the 2008 CGP. EPA believes that inspections are a
cost-effective means of ensuring that controls are operating properly
and thus protecting water quality. The storm event size that triggers
site inspections for those using a storm-based schedule is also
decreased from a 0.5 inch storm event to a 0.25 inch storm event. EPA
has found that most storm events of 0.25 inches or greater do lead to
discharges, so that inspection is warranted if the operator is using a
storm-based inspection schedule. For multi-day storms, EPA has also
clarified that an inspection is required both after the first day of
the event and after the end of the event. As in the 2008 CGP, operators
may also choose a fixed inspections schedule that is not storm
dependent. EPA makes explicit the requirement for permittees to
visually assess the quality of the discharge (e.g., color, odor,
floating, settled, or suspended solids) if the site inspection occurs
during a discharge-generating rain event.
    9. Corrective Actions: Although the 2008 CGP required corrective
action, it did not include specific requirements instructing the
permittee as to what conditions trigger specific corrective actions and
what deadlines apply. The final permit includes specific triggering
conditions for corrective action as well as deadlines to fix such
problems and document what was done.
    10. Stormwater Pollution Prevention Plan (SWPPP): The SWPPP
requirements are modified in accordance with the changes discussed
above. In general, the requirements are more specific than, but
consistent with the 2008 CGP.
    11. Notice of Termination: EPA includes additional requirements
that affect when a site may terminate coverage under the CGP. For
instance, beyond enabling sites to terminate coverage when earth-
disturbing activities have stopped and the site is stabilized, the
permit requires the removal of all temporary stormwater controls and
construction materials, waste, and waste handling devices.

E. Construction Projects Eligible for Permit Coverage

    This final permit provides coverage to eligible operators of ``new
projects'', ``existing projects'', and ``new operators of existing or
new projects.'' Operators of new projects must submit a Notice of
Intent (NOI) to EPA 14 days prior to commencing earth-disturbing
activities to obtain coverage under this permit. The exception is for
operators of emergency-related projects, which may commence
construction activities immediately provided they submit an NOI within
30 days of commencing such activities. For existing projects, although
the existing 2008 CGP has expired, operators are authorized under the
expired permit until they are provided coverage under today's permit,
in accordance with EPA's regulations at 40 CFR 122.6. A similar
approach also applies to new projects that commence construction on or
after February 16, 2012, but no later than March 1, 2012. Within 90
days of the issuance of this final permit, operators of existing
projects must complete an NOI for coverage under the new permit. If a
permitted operator is transferring control of a construction project to
a new operator, the new operator must submit an NOI 14 days prior to
the date of transfer.

F. Geographic Coverage

    This permit provides coverage for stormwater discharges from
construction activities that occur in areas where EPA is the permitting

authority. The areas of geographic coverage of this permit are listed
in Appendix B, and include the states of New Hampshire, Massachusetts,
New Mexico, and Idaho as well as all Indian Country lands, and
construction by Federal Operators in selected states. Permit coverage
is also provided in Puerto Rico, the District of Columbia, and the
Pacific Island territories. The only changes to the 2008 CGP's area of
coverage is that Indian Country lands in Region 4 are now added to the
final permit's area of coverage, and due to a phased delegation of the
NPDES program to the state of Alaska starting in late 2008, EPA now
retains NPDES permitting authority only for discharges occurring within
the Denali National Park and Preserve, and in Indian Country located
within the state of Alaska.
    In addition, because certifications required by Section 401 of the
Clean Water Act, and for a few states certifications required by the
Coastal Zone Management Act, were not received in time, new and
existing construction projects in the following areas are not yet
eligible for coverage under this permit:
     The State of Idaho;
     Construction in the State of Washington by Federal
Operators;
     The Fond Du Lac Band and Grand Portage Band of Lake
Superior Chippewa in Minnesota; and
     Bad River, Lac Du Flambeau, and Sokaogon Chippewa (Mole
Lake) Community in Wisconsin.
    EPA will announce the availability of coverage under the CGP for
these areas in separate Federal Register notice(s) as soon as possible
after the certifications are completed. In the meantime, operators of
new construction projects in these areas may apply for coverage with
their EPA Regional Office under an individual NPDES permit. For
operators of existing projects that are currently covered under either
the 2003 or 2008 CGPs, their coverage will continue under those
permits. If the project will continue after the date that the 2012 CGP
becomes available in the applicable area, the operator will be given 90
days to file an NOI for coverage under this permit.

IV. Webcasts, Guidance, and Other Implementation Assistance

    Following issuance of this permit, EPA plans to provide further
assistance to construction operators, state permitting authorities, and
other interested parties on various aspects of this new permit. The
following activities or documents are already planned:
     National Webcast: EPA will host a webcast on March 15,
2012 that will provide an overview of the new permit and an opportunity
for participants to ask questions. EPA anticipates that more webcasts
will be offered covering the same material or more specific aspects of
the permit. The Agency will announce any future webcasts on the CGP Web
site at http://cfpub.epa.gov/npdes/stormwater/cgp.cfm.
     SWPPP Template, SWPPP Guide and Sample SWPPPs: EPA has
provided an updated SWPPP Template that can be used by construction
operators to put together their site-specific SWPPP document. The SWPPP
Template, which is available at http://cfpub.epa.gov/npdes/stormwater/cgp.cfm, has been updated to include the new requirements of the 2012
CGP. EPA is also in the process of updating its SWPPP guide, Developing
Your Stormwater Pollution Prevention Plan: A Guide for Construction
Sites. While EPA plans to make the updated SWPPP guide available in the
next few months, construction operators may still find the guide useful
as an overall planning document and for specific components of the
SWPPP, to the extent that they are consistent with the new permit's
requirements. Additionally, EPA also plans to provide in the near
future updated, sample SWPPPs, which will illustrate examples of what
the Agency believes to be documents that comply with the Part 7 SWPPP
requirements of the new permit.
     Inspection Report Template: EPA will also be providing an
updated template form that can be used by construction operators to
document inspections completed pursuant to the new permit's
requirements in Part 4.
    EPA will consider additional outreach to support the new permit
based on the level of interest and demand.

V. National Environmental Policy Act (NEPA)

    Pursuant to the National Environmental Policy Act (NEPA) (42 U.S.C.
4321-4307h), the Council on Environmental Quality's NEPA regulations
(40 CFR part 15), and EPA's regulations for implementing NEPA (40 CFR
part 6), EPA has prepared an Environmental Assessment (EA) that
analyzed the potential environmental impacts of issuing the new CGP.
The EA considered the potential environmental impacts from the
discharge of pollutants in stormwater discharges associated with
construction activity where EPA is the permitting authority. The
environmental review process, which is documented by the EA, indicated
that no significant environmental impacts are anticipated from the
issuance of the new CGP. The EA was posted on the docket for this
permit at http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OW-2010-
0782-0173 for public review and comment. Accordingly after evaluating
comments received on the EA, EPA issued a Finding of No Significant
Impact (FONSI) to document this determination.
    For further information regarding NEPA contact: Jessica Trice, NEPA
Compliance Division, Office of Federal Activities, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Mail Code: 2252A,
Washington, DC 20460. Telephone:<PHONE_NUMBER>.

VI. Executive Orders 12866 and 13563

    Under Executive Order (EO) 12866 (58 FR 51735 (October 4, 1993))
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011) and any changes made in response to OMB recommendations have been
documented in the docket for this action.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 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 permit will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. The provisions in this permit include new
requirements for erosion and sediment control and pollution prevention,
and result in an increase in the level of environmental protection. For
sites covered under the new permit, the requirements in this permit
apply equally to all construction projects that disturb one or more
acres in areas where EPA is the permitting authority, and therefore do
not disproportionately and adversely affect minority or low-income
populations.

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

    In compliance with Executive Order 13175, EPA has consulted with
tribal officials to gain an understanding of and, where necessary, to
address the tribal implications of the final CGP. In the course of this
consultation, EPA undertook the following activities:
     December 15, 2010--EPA presented an overview of the
current CGP and the requirements in the C&D rule to the National Tribal
Water Council. The presentation was posted on the Council's portal Web
site at http://www.epa.gov/tp/consultation/calendar-arch.htm.
     March 16, 2011--EPA presented additional information to
the Council related to the CGP and the C&D rule requirements that would
be incorporated into the proposed permit. This presentation, as well as
a document providing written answers to questions, was posted on the
Council's portal Web site at http://www.epa.gov/tp/pdf/meeting-qa-031611.pdf.
     April 26, 2011--EPA provided email notification to Tribes
of the April 25, 2011 proposal of the draft CGP, and invited those
interested to provide the Agency with comments. EPA notes that during
the public comment period on the proposed CGP, EPA received written
comments from one tribe. The tribe provided specific comments
requesting modifications or clarification for provisions in several
permit sections, including erosion and sediment control, pollution
prevention, water quality-based requirements, inspections, corrective
action, and permit termination. EPA addressed many of the tribe's
concerns in the final permit, and responded to each of the tribe's
comments in the Response to Comment Document located in the docket.
     January 19, 2012--EPA provided an overview to Tribal
Historic Preservation Officials (THPOs) of the screening process to be
used in the new permit for determining whether stormwater control
activities authorized under the permit could affect historic
properties.
    EPA also notes that as part of the finalization of this permit it
has completed Section 401 certification procedures with all applicable
tribes where this permit will apply (see Appendix B), with the
exception of tribes in Region 5, which, as noted above, are still in
the process of completing such certification.

IX. Analysis of Economic Impacts

    EPA expects the economic impact on entities covered under this
permit, including small businesses, to be minimal. A copy of EPA's
economic analysis, titled, ``Economic Analysis: Cost Implications of
the 2012 CGP'' is available in the docket for this permit. The economic
impact analysis indicates that while there will be some incremental
increase in the costs of complying with the new permit, these costs
will not have a significant economic impact on a substantial number of
small entities. The economic impact analysis is included in the
administrative record for this permit.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: February 16, 2012.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
    Dated: February 19, 2012.
Jos[eacute] C. Font,
Acting Division Director, Caribbean Environmental Protection Division,
EPA Region 2.
    Dated: February 16, 2012.
John Filippelli,
Director, Division of Environmental Planning & Protection, EPA Region
2.
    Dated: February 16, 2012.
Catherine A. Libertz,
Assistant Director, Water Protection Division, EPA Region 3.
    Dated: February 16, 2012.
James D. Giattina,
Director, Water Protection Division, EPA Region 4.
    Dated: February 16, 2012.
Tinka G. Hyde,
Director, Water Division, EPA Region 5.
    Dated: February 16, 2012.
William K. Honker,
Acting Director, Water Quality Protection Division, EPA Region 6.
    Dated: February 16, 2012.
Karen Flournoy,
Director, Water, Wetlands and Pesticides Division, EPA Region 7.
    Dated: February 16, 2012.
Melanie L. Pallman,
Acting Assistant Regional Administrator, Office of Partnerships and
Regulatory Assistance, EPA Region 8.
    Dated: February 16, 2012.
Nancy Woo,
Deputy Director, Water Division, EPA Region 9.
    Dated: February 16, 2012.
Michael J. Lidgard,
Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2012-4822 Filed 2-28-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 14, 2008 (Volume 73, Number 31)]
[Rules and Regulations]
[Page 8595-8596]
[DOCID:fr14fe08-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0277; Airspace Docket No. 07-AEA-17]

Establishment of Class E Airspace; Seneca, PA

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule, request for comments.

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SUMMARY:  This action established Class E Airspace at Seneca, PA to
support a new Area Navigation (RNAV) Global Positioning System (GPS)
Special Instrument Approach Procedure (IAP) that has been developed for
medical flight operations into the University of Pittsburg Medical
Center (UPMC) Northwest Heliport. This action enhances the safety and
management of Instrument Flight Rule (IFR) operations by providing that
required controlled airspace to protect for this approach around
Seneca, PA.

DATES:  Effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before March 31,
2008.

ADDRESSES:  Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2007-0277; Airspace Docket No. 07-AEA-17, at the beginning of your
comments. You must also submit and review received comments through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES) section for address and phone number) between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT:  Melinda Giddens, System Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's Web page at http://www.faa.gov or
the Federal Register's Web page at http://www.gpoaccess.gov/fr/
index.html. Communications should identify both docket numbers and be
submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket FAA-2007-
0277; Airspace Docket No. 07-AEA-17.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace of Seneca, PA providing the
controlled airspace required to support the new Copter Area Navigation
(RNAV) Global Positioning System (GPS) 033 Point in Space (PinS)
approach developed for the UPMC Northwest Heliport. In today's
environment where speed of treatment for medical injuries is
imperative, landing sites have been developed for helicopter medical
Lifeguard flights or Lifeflights at the local hospitals. Controlled
airspace extending upward from 700 feet Above Ground Level (AGL) is
required for Instrument Flight Rules (IFR) operations and to encompass
all Instrument Approach Procedures (IAPs) to the extent

practical. Therefore, the FAA is amending part 71 of Title 14, Code of
Federal Regulations (14 CFR part 71), to establish a 6-mile radius
Class E5 airspace at Seneca, PA. Designations for Class E airspace
areas extending upward from 700 feet or more above the surface of the
Earth are published in FAA Order 7400.9R, signed August 15, 2007,
effective September 15, 2007, which is incorporated by reference in 14
CFR 71.1. The Class E designations listed in this document will be
published subsequently in the Order.

Agency Findings

    The regulations adopted herein 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 various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it established controlled airspace near the UPMC Northwest Heliport
in Seneca, PA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA PA E5 Seneca, PA [NEW]

UPMC Northwest Heliport
    (Lat. 41[deg]21'44'' N., long. 79[deg]42'03'' W.)
Point in Space Coordinates
    (Lat. 41[deg]21'09'' N., long. 79[deg]42'24'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the Point in Space
Coordinates (Lat. 41[deg]21'09'' N., long. 79[deg]42'24'' W.)
serving the UPMC Northwest Heliport.
* * * * *

    Issued in College Park, Georgia, on January 30, 2008.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 08-614 Filed 2-13-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Page 25102]
[FR Doc No: 2013-10195]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, April
25, 2013 at 4:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session, and determined that
no earlier notice thereof was possible.
    The subject matter of the Closed Meeting will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

     Dated: April 25, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-10195 Filed 4-25-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1679-1682]
[FR Doc No: 2012-340]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0014; FRL-9328-3]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by registrants to voluntarily cancel
certain pesticide registrations. EPA intends to grant these requests at
the close of the comment period for this announcement unless the Agency
receives substantive comments within the comment period that would
merit its further review of the requests, or unless the registrants
withdraw their requests. If these requests are granted, any sale,
distribution, or use of products listed in this notice will be
permitted after the registration has been cancelled only if such sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before July 9, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0014, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. ATTN: Jolene Trujillo.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0014. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or
email. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to 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 docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jolene Trujillo, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
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. If you have any questions regarding the
information in this notice, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What action is the agency taking?

    This notice announces receipt by the Agency of requests from
registrants to cancel 36 pesticide products registered under FIFRA
section 3 or 24(c). These registrations are listed in sequence by
registration number (or company number and 24(c) number) in Table 1 of
this unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue orders in the Federal Register
canceling all of the affected registrations.

      Table 1--Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
         EPA Reg. No.              Product name      Active ingredients
------------------------------------------------------------------------
000264-00438..................  Bronate Herbicide  MCPA, 2-ethylhexyl
                                                    ester; Bromoxynil
                                                    octanoate.
000264-00477..................  Buctril +          Bromoxynil octanoate;
                                 Atrazine           Atrazine.
                                 Herbicide.
000264-00586..................  Sedagri Batril     Bromoxynil octanoate.
                                 20W Herbicide.
000264-00699..................  Rhino Brand        MCPA, 2-ethylhexyl
                                 Herbicide.         este; Bromoxynil
                                                    octanoate; Heptanoic
                                                    acid, 2,6-dibromo-4-
                                                    cyanophenyl ester.
000264-00799..................  Weco Max Brand     2,4-D, 2-ethylhexyl
                                 Herbicide.         ester; Heptanoic
                                                    acid, 2,6-dibromo-4-
                                                    cyanophenyl ester;
                                                    Bromoxynil
                                                    octanoate.
000264-01071..................  Wolverine Power    Heptanoic acid, 2,6-
                                 Pak.               dibromo-4-
                                                    cyanophenyl ester;
                                                    Bromoxynil
                                                    octanoate;
                                                    Pyrasulfotole
                                                    Technical;
                                                    Fenoxaprop-p-ethyl.
000279-03104..................  Commence EC......  Trifluralin;
                                                    Clomazone.
000279-03232..................  Command Xtra       Clomazone;
                                 Herbicide.         Sulfentrazone.
001043-00060..................  T.B.Q. Germicidal  Alkyl dimethyl benzyl
                                 Detergent.         ammonium chloride
                                                    (50%C14, 40%C12,
                                                    10%C16).
002217-00426..................  Formec 80 Turf &   Mancozeb.
                                 Ornamental
                                 Fungicide.
010324-00053..................  Maquat 2.5%......  1-Decanaminium, N-
                                                    decyl-N,N-dimethyl-,
                                                    chloride.
010324-00054..................  Maquat-4.5%......  1-Decanaminium, N-
                                                    decyl-N,N-dimethyl-,
                                                    chloride.
010324-00055..................  Septin CS........  Alkyl dimethyl benzyl
                                                    ammonium chloride
                                                    (60%C14, 30%C16,
                                                    5%C18, 5%C12);
                                                    Alkyl*dimethyl
                                                    ethylbenzyl ammonium
                                                    chloride *(68%C12,
                                                    32%C14).
010324-00106..................  Q-14 Disinfectant  Alkyl dimethyl benzyl
                                                    ammonium chloride
                                                    (50%C14, 40%C12,
                                                    10%C16); 1-
                                                    Octanaminium, N,N-
                                                    dimethyl-N-octyl-,
                                                    chloride; 1-
                                                    Decanaminium, N-
                                                    decyl-N,N-dimethyl-,
                                                    chloride; 1-
                                                    Decanaminium, N,N-
                                                    dimethyl-N-octyl-,
                                                    chloride.
010324-00145..................  Maquat FP........  Alkyl dimethyl
                                                    ethylbenzyl ammonium
                                                    chloride (68%C12,
                                                    32%C14); Alkyl
                                                    dimethyl benzyl
                                                    ammonium chloride
                                                    (60%C14, 30%C16,
                                                    5%C18, 5%C12).
010807-00449..................  Country Vet Flea   Phenothrin;
                                 & Tick Carpet      Tetramethrin;
                                 Spray with         Pyriproxyfen.
                                 Growth Inhibitor.
053883-00084..................  Pendimethalin 3.3  Pendimethalin.
                                 Herbicide.
053883-00086..................  Pendimethalin      Pendimethalin.
                                 0.66% +
                                 Fertilizer.
053883-00138..................  Permethrin 3.2 Ag  Permethrin.
                                 II.
075341-00012..................  Hollow Heart CF..  Copper naphthenate;
                                                    Sodium fluoride.
075341-00013..................  COP-R-Plastic II   Copper naphthenate;
                                 Wood Preserving    Sodium fluoride.
                                 Compound.
CA110009......................  Ethylene.........  Ethylene.
GA080007......................  Ridomil Gold       Copper hydroxide; D-
                                 Copper.            Alanine, N-(2,6-
                                                    dimethylphenyl)-N-
                                                    (methoxyacetyl)-,
                                                    methyl ester.
GA080011......................  Safari 20 SG       Dinotefuran.
                                 Insecticide.
ID060014......................  Prozap Zinc        Zinc phosphide
                                 Phosphide          (Zn3P2).
                                 Pellets.
KY080024......................  Safari 20 SG       Dinotefuran.
                                 Herbicide.
MI000003......................  Captan 50          Captan.
                                 Wettable Powder.
MI060004......................  Dual Magnum......  S-Metolachlor.
MT950003......................  Zinc Phosphide     Zinc phosphide
                                 Oat Bait.          (Zn3P2).
NV040003......................  Zinc Phosphide     Zinc phosphide
                                 Oat Bait.          (Zn3P2).
NV060007......................  Prozap Zinc        Zinc phosphide
                                 Phosphide          (Zn3P2).
                                 Pellets.
NV080003......................  Endura Fungicide.  Boscalid.
SD070001......................  Zinc Phosphide     Zinc phosphide
                                 Oat Bait.          (Zn3P2).
VA080007......................  Ridomil Gold       Copper hydroxide; D-
                                 Copper.            Alanine, N-(2,6-
                                                    dimethylphenyl)-N-
                                                    (methoxyacetyl)-,
                                                    methyl ester.
VA080009......................  Safari 20 SG       Dinotefuran.
                                 Insecticide.
WA060011......................  Tristar 70 WSP     Acetamiprid.
                                 Insecticide.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in this unit.

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
       EPA Company No.                  Company name and address
------------------------------------------------------------------------
264..........................  Bayer Crop Science LP, 2 T.W. Alexander
                                Dr., PO Box 12014, Research Triangle
                                Park, NC 27709.
279..........................  FMC Corp. Agricultural Products, 1735
                                Market St. Rm 1978, Philadelphia, PA
                                19103.
1043.........................  Steris Corporation, PO Box 147, St.
                                Louis, MO 63166-0147.
2217.........................  PBI/Gordon Corp., 1217 West 12th St.,
                                Kansas City, MI 64101-0090.
10324........................  Mason Chemical Co., 721 W. Algonquin Rd.,
                                Arlington Heights, IL 60005.
10807........................  Amrep, Inc, Agent: Lewis & Harrison LLC,
                                122 C St. NW., Washington, DC 20001.
53883........................  Control Solutions, Inc., 5903 Genoa-Red
                                Bluff Rd., Pasadena, TX 77507-1041.
75341........................  Osmose Utilities Services, Inc., 980
                                Ellicott St., Buffalo, NY 14209.
CA110009.....................  Airgas Specialty Gases, Inc., 2530 Sever
                                Rd. Suite 300, Lawrenceville, GA 30043.
GA080007, MI060004, VA080007.  Syngenta Crop Protection, LLC, D/B/A
                                Syngenta Crop Protection, Inc., PO Box
                                18300, Greensboro, NC 27149-8300.
GA080011, KY080024, VA080009.  Valent U.S.A. Corporation, 1600 Riviera
                                Avenue, Suite 200, Walnut Creek, CA
                                94596.
ID060014, MT950003, NV040003,  Hacco, Inc., 110 Hopkins Dr., Randolph,
 NV060007, SD070001.            WI 53956-1316.
MI000003.....................  Arysta Lifescience North America, LLC,
                                15401 Weston Parkway, Suite 150, Cary,
                                NC 27513.
NV080003.....................  BASF Corporation, 26 Davis Dr., Research
                                Triangle Park, NC 27709-3528.
WA060011.....................  Nippon Soda Co. Ltd, Agent: Nisso America
                                Inc., 45 Broadway, Suite 2110, New York,
                                NY 10006.
------------------------------------------------------------------------

III. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be cancelled. FIFRA further provides that, before acting on the
request, EPA must publish a notice of receipt of any such request in
the Federal Register.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must provide a 30-day public
comment period on the request for voluntary cancellation or use
termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA
provide a 180-day comment period on a request for voluntary
cancellation or termination of any minor agricultural use before
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II have not requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 180-
day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Because the Agency has identified no significant
potential risk concerns associated with these pesticide products, upon
cancellation of the products identified in Table 1 of Unit II., EPA
anticipates allowing registrants to sell and distribute existing stocks
of these products for 1 year after publication of the Cancellation
Order in the Federal Register. Thereafter, registrants will be
prohibited from selling or distributing the pesticides identified in
Table 1 of Unit II., except for export consistent with FIFRA section 17
or for proper disposal. Persons other than registrants will generally
be allowed to sell, distribute, or use existing stocks until such
stocks are exhausted, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the cancelled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 13, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-340 Filed 1-10-12; 8:45 am]
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[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74717-74719]
[DOCID:fr09de08-48]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2008-0128; FRL-8749-2]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Survey of 56 California County Agricultural
Commissioners for Readiness To Implement the Enforcement Component of
the U.S. EPA Endangered Species Protection Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request for a new Information Collection Request (ICR) to the
Office of Management and Budget (OMB). Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before February 9, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0128, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Fabiola Estrada (CED-5), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. 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.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Fabiola Estrada, EPA Region IX, (415)
972-3493<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When 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 and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of 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 the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
the County Agricultural Commissioners in the state of California.
    Title: Survey of 56 California County Agricultural Commissioners
for Readiness to Implement the Enforcement component of the U.S. EPA
Endangered Species Protection Program.
    ICR numbers: EPA ICR No. 2287.01, OMB Control No. 20XX-NEW.
    ICR status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: For nearly twenty years, the California Department of
Pesticide Regulation (DPR) has worked with county agricultural
commissioners on behalf of U.S. EPA to refine measures that would
protect federally listed species while minimizing impacts on
agriculture and other beneficial uses of pesticides. DPR vetted these
measures in local advisory groups consisting of farmers, pest control
advisors, pesticide applicators, representatives of the California
Department of Fish and Game, California Department of Food and
Agriculture, U.S. Fish and Wildlife Service and other species experts
and they were ultimately adopted by the County Agricultural
Commissioners and Sealers Association (CACASA). DPR developed the
Pesticide Regulation's Endangered Species Custom Real-time Internet
Bulletin Engine (PRESCRIBE), an Internet database, to simplify
distribution of endangered species protection measures (California's
county bulletins) and has trained county agricultural commissioner
staff and pesticide professionals in its use. So far, these measures
have been voluntary. While many counties have incorporated endangered
species protection as a routine part of their regulatory programs, DPR
does not know the full extent of implementation in all counties. All
(56) California county agricultural commissioners will be surveyed
through a written

questionnaire to determine their readiness to implement the U.S. EPA
Endangered Species Protection Program as it transitions from voluntary
to mandatory status. Responses are voluntary. The collected information
will guide further work needed by DPR to prepare for the new stage in
the protection of endangered species. A summary report will be provided
to the respondents to inform them of the survey results.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average less
than one hour per response. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 56.
    Frequency of response: Once.
    Estimated total average number of responses for each respondent:
12--based on the  of questions on the questionnaire.
    Estimated total annual burden hours: 56.
    Estimated total annual costs: $6,000 for collection of information
and an estimated cost of $3,000 for capital investment or maintenance
and operational costs.

What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: November 25, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E8-29121 Filed 12-8-08; 8:45 am]

BILLING CODE 6560-50-P