                           SUPPORTING STATEMENT FOR                   EPA INFORMATION COLLECTION REQUEST #1608.07

                     STATE PROGRAM ADEQUACY DETERMINATION:                                                            MUNICIPAL SOLID WASTE LANDFILLS (MSWLFs)                                        and                           NON-MUNICIPAL, NON-HAZARDOUS             WASTE DISPOSAL UNITS THAT RECEIVE CONDITIONALLY EXEMPT            SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE (RENEWAL)

                               TABLE OF CONTENTS                               1.  IDENTIFICATION OF THE INFORMATION COLLECTION       (a)  Title and number of the information collection	4       (b)  Short Characterization		4

2.  NEED FOR AND USE OF THE INFORMATION COLLECTION       (a)  Need and authority for the information collection	6       (b)  Practical utility/users of the data	7

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA       (a)  Nonduplication	.............................................................................................8         (b)  Public Notice .............................................................................................8       (c)  Consultations	.................................................................................8       (d)  Effects of Less Frequent Collection .............................................................9       (e) General Guidelines	...................................................................................... 8       (f) Confidentiality and Sensitive Questions ........................................................ 9

4.  THE RESPONDENTS AND THE INFORMATION REQUESTED       (a)  Respondents/SIC Codes		10       (b)  Information Requested		11 	 5.  THE INFORMATION COLLECTED -- AGENCY ACTIVITIES,       COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT       (a)  Agency Activities		13       (b)  Collection Methodology and Management ...................................................15       (c)  Small Entity Flexibility		15       (d)  Collection Schedule		15

6.  ESTIMATING THE BURDEN AND COST OF THE COLLECTION       (a)  Estimating Respondent Burden		17       (b)  Estimating Respondent Costs		18       (c)  Estimating Agency Burden and Cost	18       (d)  Bottom Line Burden Hours and Costs	20       (e) Respondent Universe and Total Burden 	20       (f)  Reasons for Change in Burden		21       (g) Burden Statement.........................	21

Exhibits 1 - 5 ......................................................................................................23-34

1.  IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

      This Information Collection Request (ICR) is entitled "State Program Adequacy Determination:  Municipal Solid Waste Landfills (MSWLFs) And Non-Municipal, Non-Hazardous Waste Disposal Units That Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste (Renewal)," ICR number 1608.07, OMB number 2050-0152.

1(b) Short Characterization

      Section 4010(c) of the Resource Conservation and Recovery Act (RCRA) of 1976 requires that the Environmental Protection Agency (EPA) revise the landfill criteria promulgated under paragraph (1) of Section 4004(a) and Section 1008(a)(3).  Section 4005(c) of RCRA, as amended by the Hazardous Solid Waste Amendments (HSWA) of 1984, requires states to develop and implement permit programs to ensure that non-municipal, non-hazardous waste disposal units that receive household hazardous waste or CESQG hazardous waste and municipal solid waste landfills are in compliance with the revised criteria for the design and operation of non-municipal, non-hazardous waste disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR part 258.  (40 CFR part 257, subpart B and 40 CFR part 258 are henceforth referred to as the "revised federal criteria").  Section 4005(c) of RCRA further mandates the EPA Administrator to determine the adequacy of state permit programs to ensure owner/operator compliance with the revised federal criteria.  A state program that is deemed adequate to ensure compliance may afford flexibility to owners/operators in the approaches they use to meet federal requirements, significantly reducing the burden associated with compliance.

2.  NEED FOR AND USE OF THE INFORMATION COLLECTION

2(a) Need and Authority for the Information Collection

      Section 4010(c) of RCRA requires EPA to establish minimum criteria to ensure that non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste and MSWLFs are designed and managed in a manner that is protective of human health and the environment.  40 CFR part 257, subpart B establishes these minimum federal criteria for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste and 40 CFR part 258 establishes them for MSWLFs.  The statute also requires states to adopt permit programs to ensure that owners and operators of both types of waste disposal units comply with the relevant federal criteria.

      The need for this collection of information from the states derives from Section 4005(c) of RCRA which requires the EPA Administrator to review state permit programs to determine if they are adequate to ensure compliance with the federal criteria.  The SIR (40 CFR part 239) establishes the procedures EPA has developed to carry out this mandate. To make the required determination, EPA must collect information from states.  That information is provided to the Agency in the context of an application for permit program approval.

      States which do not submit the information necessary to make a determination of program adequacy will be deemed to have inadequate programs.  Where the state program is deemed inadequate, owners and operators of both non-municipal, non-hazardous waste disposal units and MSWLFs must comply with the self-implementing provisions of the federal revised criteria in 40 CFR part 257, subpart B and 40 CFR part 258, and may not be able to take advantage of the flexibility that may be afforded to owners/operators by states with approved permit programs.

      EPA has granted full approval to 50 states and territories for their MSWLF programs under 40 CFR 258.  In addition, EPA has determined that 45 states have adequate provisions in place to require that CESQG waste is disposed in suitable facilities.

2(b) Practical Utility/Users of the Data

      The EPA Administrator has delegated the authority to make determinations of adequacy, as contained in the statute, to the EPA Regional Administrators.  Therefore, the appropriate EPA Regional Office uses the information provided by each state to determine whether the state's permit program satisfies the statutory test reflected in the requirements of 40 CFR part 239.  In all cases, the information is analyzed to determine the adequacy of the state's permit program for ensuring compliance with the federal revised criteria.

3.  NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

      The information collection covered in this ICR is not available from sources other than the respondents.  There is no other federal agency that collects information on the adequacy of state non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste and/or of MSWLF permit programs.  Therefore, this information collection does not represent a duplicative effort by any other source.

3(b) Public Notice

      In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on December 11, 2014 (79 FR 73574) and provided a 60 day comment period for this ICR.   No comments were received.

3(c) Consultations

      In an effort to verify EPA's development this ICR, EPA contacted state solid waste officials to review and comment on this document.  EPA is grateful the following people reviewed this document:  1) Ed Dexter, of the Maryland Department of the Environment; telephone<PHONE_NUMBER>, 2) Geoff Christe, of the Virginia Department of Environmental Quality; telephone<PHONE_NUMBER>, 3) Robert Grefe, of the Wisconsin Department of Natural Resources; telephone<PHONE_NUMBER>, and 4) Bob Doctor, of the Wyoming Solid Waste Permitting and Corrective Action Division, telephone<PHONE_NUMBER>.              EPA made substantial efforts to consult with state officials during the development of the State Implementation Rule.  During this time EPA met with the following people:  Tom Kennedy and Kerry Callahan, Association of State and Territorial Solid Waste Management Officials (ASTSWMO); Richard Barlow, Connecticut; James Dunbar, Georgia; Thomas Epstein, Rhode Island; Bill Cass and Carol Ansheles, Northeast Waste Management Officials Association (NEWMOA); Hector Mendietta, Texas; Jim Warner, Minnesota; Neil Weber, New Mexico; Mark Witherspoon, Arkansas; and other state personnel.  EPA, through ASTSWMO, provided copies of drafts for the State Implementation Rule, at various stages in its development, to provide all states and territories an opportunity for input on the procedures used to assess the adequacy of affected state permitting programs.

3(d) Effects of Less Frequent Collection

      EPA has encouraged states to work with regional EPA staff, and to submit early drafts to ensure that their applications are complete, with sufficient detail to lessen the potential need for revision.  It is anticipated that, due to the extensive interaction between states and the regional EPA staff in the development of both the permit programs and the applications for adequacy determinations, states will not be required to submit revised applications.

      Additional review and revision of state programs may be needed when federal or state statutory or regulatory authorities are subsequently altered or when the state shifts permit program responsibility from one agency to another.  The Regional Administrator will determine, on a case-by-case basis, whether subsequent statutory or regulatory changes warrant revision of the state program or modifications to a state's original program approval application.  Procedures for this process are detailed in 40 CFR part 239.12 and are designed to minimize state burdens.

3(e) General Guidelines

      This ICR adheres to guidelines stated in the 1980 Paperwork Reduction Act, as amended in 1995, OMB's implementing regulations, OMB's Information Collection Review Handbook, and other applicable OMB guidance.

3(f) Confidentiality and Sensitive Questions

      The information that states would submit is public information; therefore, no problems of confidentiality or sensitive questions arise.

4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS or SIC Codes

      The universe of respondents involved in this information collection will be limited to states that seek approval of their permit programs or modifications to their previously approved permit programs for non-municipal, non-hazardous waste disposal units that receive CESQG waste and/or for MSWLFs.  This information collection effort includes approved states that revise their criteria for MSWLFs to allow states to issue research, development, and demonstration (RD&D) permits for new and existing MSWLF units and lateral expansions.  No entities with NAICS or SIC codes will be affected by this information collection.

4(b) Information Requested

Develop Program Application

      States requesting program approval must submit a program application as described in the SIR. Prior to the final submission, EPA encourages the states to submit draft applications for Agency comment and suggestions.  The costs of draft application submission are incorporated into the costs of final application submission.

(i)  Data Items, Including Record keeping Requirements

      EPA is not prescribing Record keeping requirements for applicants associated with this rule.  The primary data item for the adequacy determination process is the state program application.  Data items include:

::	Narrative description of the state program(s)

::	Transmittal letter

::	Legal certification

::	Copies of relevant statutes, regulations, and guidance

::	Copies of relevant state-tribal agreements

(ii)  Respondent Activities

::	Read the SIR and 40 CFR part 257, subpart B and/or 40 CFR part 258

::	Prepare the narrative program description

::	Write the transmittal letter

::	Prepare the legal certification

::	Compile relevant statutes, regulations, and guidance

::	Compile relevant agreements between state and tribe(s)

Adequacy Determination Process

      The state will submit a formal application containing all required elements, to the appropriate EPA Regional Office.  After the formal application has been reviewed by the EPA Region, the Agency may request revisions or additional information from the state, particularly in response to comments received during the public comment period that the Agency is required to provide.  The state will meet with the EPA Region to discuss such changes and may need to modify and resubmit the application.

(i)  Data Items, including Record keeping Requirements

      Under this rule, EPA is not prescribing Record keeping requirements for applicants.  The primary data item for the adequacy determination process is the state program application.

(ii)  Respondent Activities

      ::	Submit an application for state program approval

      ::	Modify the application, if necessary, to respond to comments from the EPA Region and/or the public

      ::	Resubmit the application, if necessary

5.  THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Develop Program Application

      As the states develop and complete their program applications, the appropriate EPA Regions will review them and provide written comments to the state.  As part of this process, a Region may conduct meetings with state representatives.

Adequacy Determination Process

      After a Region determines that a state application is complete, the Region will review it and make a final adequacy determination.  The Region will make every attempt to complete its review and make a final determination of adequacy within 180 days of receipt of a complete application; however, submission of an application for program approval does not ensure automatic approval should EPA fail to meet the 180 day time frame.  During the review process, the Region will be responsible for the following activities:

      ::	Review the application for completeness and request additional information if necessary;

      ::	Review the completed application, draft and forward comments to, and meet with state as needed;

      ::	After consultation with Regional staff, the Regional Administrator will make a tentative determination;

      ::	Prepare and publish a Federal Register notice of tentative determination;

      ::	Hold public hearing(s), if necessary;

      ::	Respond to public comments if significant comments are received;

      ::	After meetings between the Regional and state staff to resolve any remaining issues, the Regional Administrator will make a final determination; and

      ::	Prepare and publish a Federal Register notice of final determination.

5(b) Collection Methodology and Management

      EPA does not prescribe through regulation the manner in which the application is to be submitted:  Respondents have flexibility regarding the manner in which they submit information (i.e., hardcopy or electronically word processed); however, database submission is not practicable.  Regions will be required to maintain a copy of the notice of proposed rulemaking for public review and a docket for the final rule.  These records may be kept at a public library, where they will require minimal space and upkeep.

5(c) Small Entity Flexibility

      The rule requires states to submit applications for permit program approval for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste and/or for municipal solid waste landfills.  It does not impact the flexibility of small entities.

5(d) Collection Schedule

      The 40 CFR part 258 criteria were promulgated on October 9, 1991 and were generally effective beginning on October 9, 1993.  Criteria for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste (40 CFR part 257, subpart B) were promulgated on July 1, 1996.  Location and record keeping criteria were effective on January 1, 1998 and groundwater monitoring and corrective action requirements became effective on July 1, 1998. Research, Development, and Demonstration Permits for MSWLFs (40 CFR part 285.4, subpart A) became effective on April 21, 2004.  Requirements for States and Territories to submit applications for determination of adequacy of their Subtitle D solid waste programs and procedures for EPA determination of adequacy are contained in 40 CFR 239.   EPA has determined that 30 states have existing permit programs for CESQG hazardous waste disposal that are adequate to meet the 40 CFR part 257, subpart B requirements.

      States have been encouraged to apply for and gain program approval as quickly as possible, to allow the state and facility owners/operators to fully utilize the flexibility in the part 257, subpart B and part 258 criteria.  Schedules submitted in lieu of an application were expected to outline how the state would make progress toward completing its application.  States failing to submit an application within the scheduled time frame could be deemed "inadequate."

6.  ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      The following burden and cost estimates are based upon EPA's experience in processing state MSWLF permit program adequacy determinations. The estimates also reflect the Agency's burden and costs from reviewing similar activities of other regulatory programs, and from discussions with states.

      Under 40 CFR part 257, subpart B, owners/operators of non-municipal, non-hazardous disposal units that receive CESQG hazardous waste must comply with location restrictions, ground-water monitoring, and corrective action standards.  EPA has determined that 45 states have existing permit programs for CESQG hazardous waste disposal that are adequate to meet the 40 CFR part 257, subpart B requirements. Over the next three years, EPA expects up to 5 additional states/territories to seek permit program adequacy determinations for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste.  The burden and cost estimates for the permit program adequacy determinations for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste will be higher than for the streamlined approval process used for the 45 states already approved, but less than for the MSWLF permit program adequacy determinations because the requirements for non-municipal, non-hazardous disposal units that receive CESQG hazardous waste are less cumbersome than those required for MSWLFs.

      To date, EPA has fully or partially approved 54 state/territorial MSWLF permit programs.  Over the next three years, EPA expects to receive permit program applications from the remaining 2 states/territories and expects up to 5 states/territories to modify previously approved programs.  EPA expects 9 approved states over the next three years to seek RD&D approval for MSWLFs.

6(a) Estimating Respondent Burden

      EPA estimates respondent burden hours associated with all of the requirements covered in this ICR in Exhibits 1-5.  Separate scenarios were developed for MSWLF and non-municipal, non-hazardous waste permit program approval applications. Each is presented in a chart at the end of this statement which shows the estimated burden hours and costs for each collection activity.

         * Exhibit 1 assumes that 5 states/territories will submit permit program approval applications for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste.                 * Exhibit 2 assumes that 2 states/territories will submit an application for MSWLF permit program approval (Exhibit 2a) and that 5 states will modify their existing approved programs (Exhibit 2b).

6(b) Estimating Respondent Costs

      The average hourly salary rates contained in the current ICR for this rule were from 2011.  For this ICR renewal request EPA used rates from the 2014 GS salary table, Step 5 and applied an overhead factor of 1.6.

      For states and territories, EPA estimates an average hourly salary rate of $74.32 (GS 14) for legal staff, $87.42 (GS 15) for managerial staff, $52.90 (GS 12) for technical staff, and $29.82 (GS 7) for clerical staff.  These rates include the overhead factor of 1.6.

6(c) Estimating Agency Burden and Cost

      In estimating Agency burden hours and costs associated with activities in this ICR, EPA examined ICRs that had already been approved by OMB.  ICRs reviewed include those for the UST program, Subtitle C program, and the original ICR that is now being renewed.

      Estimates of Agency burden hours and costs associated with all of the requirements of this ICR are provided in Exhibits 3 and 4.  EPA Regional Offices will be involved in these activities.

         * Exhibit 3 estimates EPA's burden and costs for responding to permit program approval applications for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste.

         * Exhibit 4 estimates EPA's burden and costs for responding to both new and modified MSWLF permit program applications.

Agency Burden Estimates

      Agency burden figures are based on EPA's experience in undertaking and completing this activity to date.  Since it is not possible to accurately estimate how many respondents will submit applications in a given year, the estimates show total estimated burden and costs during the three year period suggested for submission in the regulation.  Average annual burden is obtained by dividing the total burden by three.

Agency Labor Costs

      The average hourly salary rates contained in the current ICR for this rule were from 2011.  For this ICR renewal request EPA used rates from the 2014 GS salary table, Step 5 and applied an overhead factor of 1.6.

      EPA estimates an average hourly Regional labor cost of $74.32 (GS 14) for legal staff, $87.42 (GS 15) for managerial staff, $52.90 (GS 12) for technical staff, and $29.82 (GS 7) for clerical staff.  These hourly rates include the standard government overhead factor of 1.6.        Agency Burden Total 3 year Annual 4,310 Hours 1,437 Hours per year $242,814 Cost $80,938 Cost per year

6(d) Bottom Line Burden Hours and Costs

      Exhibit 5 shows the total burden and cost to respondents and the State and government for all information collection requirements covered in this ICR.  EPA estimates that the total bottom line burden for this information collection activity is $405,946 or $135,315 per year.

6(e) Respondent Universe and Total Burden Costs

      The total number of respondents is 12 and the total burden hours are 2,405 hours per year.  Of the 2,045 hours, 1,437 is the burden for EPA Regions, and 968 hours is the burden for States.  The total cost burden is $135,315 per year.  Of the $135,315, $80,938 is the cost to EPA Regions, and $54,374 is the cost to States.  All costs are labor costs, there are no capital/start-up or O&M costs associated with this ICR.        Respondent Burden Total 3 year Annual 2,904 Hours 968 Hours per year $163,123 Cost $54,374 Cost per year 6(f) Reasons For Change in Burden

      This ICR replaces ICR 1608.06, approved by OMB through April 30, 2015.  Burden hours for this ICR remains the same.  For the prior ICR renewal all mention of burden estimates for tribes which were contained in the original ICR were removed.  In addition, since the last clearance, additional states and territories have not been moving through the approval process for their MSWLF permit programs as we hoped they would.  Therefore, the number of state and territorial remaining to obtain MSWLF permit program adequacy determinations has remained to 2.  In addition, EPA estimates that as many as 5 states may choose to submit modifications to their approved programs.

      Under the July 1, 1996 rulemaking for non-municipal, non-hazardous waste disposal units that may receive CESQG hazardous waste, 45 states/territories have received CESQG hazardous waste permit program adequacy determinations.  EPA estimates that no more than 5 additional States will apply for an adequacy determination during the next 3 years.

6(g) Burden Statement

      The public reporting and recordkeeping burden for this collection of information is estimated to average 242 hours 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; 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.  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 are listed in 40 CFR part 9 and 48 CFR Chapter 15.

      To comment on EPA's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-RCRA-2014-0839, which is available for public viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the RCRA Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available for online viewing at http://www.regulations.gov .  Use http://www.regulations.gov  to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  Once in the system, select "search," then key in the docket ID number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID No. (EPA-HQ-RCRA-2014-0839) and OMB control number (2050-0152) in any correspondence.

                                   EXHIBITS

EXHIBIT 1: 5  STATES/TERRITORIES APPLICATIONS FOR NON-MUNICIPAL, NON-HAZARDOUS WASTE DISPOSAL UNITS THAT RECEIVE CESQG HAZARDOUS WASTE PERMIT PROGRAMS

Collection Activities:				Burden Hours per Applicant:

	Legal 	$74.32 	per hour

	Manager 	$87.42 	per hour

	Technical 	$52.90 	per hour

	Clerical 	$29.82 per hour

	Total 	Hours

Read 40 CFR part 239 and 40 CFR part 257, subpart B

                                       5

                                      10

                                     32.5

                                       0

                                     47.5

Prepare narrative program description

                                       0

                                      20

                                      80

                                      20

                                      120

Write transmittal memorandum

                                       0

                                      0.5

                                       1

                                      0.5

                                       2

Prepare legal certification

                                      1.5

                                      0.5

                                       0

                                      0.5

                                      2.5

Compile copies of relevant statutes, regulations, and guidance

                                       4

                                       0

                                       4

                                      7.5

                                     15.5

Modify application, as necessary

                                       4

                                      10

                                      40

                                      10

                                      64

Total hours  per Respondent

                                     14.5

                                      41

                                     157.5

                                     38.5

                                     251.5

Total cost  per Respondent

                                   $1,077.64

                                   $3,584.22

                                   $8,331.75

                                   $1,148.07

                                  $14,141.68

Total Burden:	Hour Total (251.5) x No. of Respondents (5) = 1,258 Hours

Total Cost:	Cost Total ($14,141.68) x No. of Respondents (5) = $70,708.40

EXHIBIT 2: 7 STATE/TERRITORIES PREPARING APPLICATIONS FOR MSWLF PERMIT PROGRAMS

EXHIBIT 2a: 2 STATES/TERRITORIES PREPARING NEW APPLICATIONS

Collection Activities:				Burden Hours per Applicant:

	Legal 	$74.32 	per hour

	Manager 	$87.42 	per hour

	Technical 	$52.90 	per hour

	Clerical 	$29.82 	per hour

	Total 	Hours

Read 40 CFR part 239 and 40 CFR part 258

                                      10

                                      20

                                      65

                                       0

                                      95

Prepare narrative program description

                                       0

                                      40

                                      160

                                      40

                                      240

Write transmittal memorandum

                                       0

                                       1

                                       2

                                       1

                                       4

Prepare legal certification

                                       3

                                       1

                                       0

                                       1

                                       5

Compile copies of relevant statutes, regulations, and guidance

                                       8

                                       0

                                       8

                                      15

                                      31

Modify application, as necessary

                                       8

                                      20

                                      80

                                      20

                                      128

Total hours per Respondent

                                      29

                                      82

                                      315

                                      77

                                      503

Total cost per Respondent

                                   $2,155.28

                                   $7,168.44

                                  $16,663.50

                                   $2,296.14

                                  $28,283.36

Total Burden:	Hour Total (503) x No. of Respondents (2) = 1,006 Hours Total Cost:	Cost Total ($28,283.36) x No. of Respondents (2) = $56,566.72 EXHIBIT 2b:  5 STATES/TERRITORIES MODIFYING APPROVED PROGRAMS

Collection Activities:				Burden Hours per Applicant:

	Legal 	$74.32 	per hour

	Manager 	$87.42 	per hour

	Technical 	$52.90 	per hour

	Clerical 	$29.82 	per hour

	Total 	Hours

Modify program, as necessary

                                       8

                                      20

                                      80

                                      20

                                      128

Total hours per Respondent

                                       8

                                      20

                                      80

                                      20

                                      128

Total cost per Respondent

                                    $594.56

                                   $1,748.40

                                   $4,232.00

                                    $596.40

                                   $7,171.36

Total Burden:	Hour Total (128) x No. of Respondents (5) = 640 Hours Total Cost:	Cost Total ($7,171.36) x No. of Respondents (5) = $38,856.80

	EXHIBIT 2 	 	TOTAL BURDEN (2a+2b): 1,646 Hours 	TOTAL COST (2a+2b):  $92,423.52

EXHIBIT 3:  EPA REGIONS RESPONDING TO 5 APPLICATIONS FOR NON-MUNICIPAL, NON-HAZARDOUS WASTE DISPOSAL UNITS THAT RECEIVE CESQG HAZARDOUS WASTE PERMIT PROGRAMS

Collection Activities:				Burden Hours per Application:

	Legal 	$74.32 	per hour

	Manager 	$87.42 	per hour

	Technical 	$52.90 	per hour

	Clerical 	$29.82 	per hour

	Total 	Hours

Review and comment on draft application, including meetings with applicant

                                       5

                                       5

                                      40

                                       8

                                      58

Process and distribute application

                                       0

                                       0

                                       5

                                       4

                                       9

Review application for completeness, and request additional information

                                       5

                                       5

                                      40

                                       1

                                      51

Review complete application

                                       1

                                       5

                                      20

                                       8

                                      34

Regional Administrator makes tentative determination

                                       2

                                       5

                                       5

                                       0

                                      12

Prepare and publish Federal Register notice

                                       0

                                      0.5

                                       5

                                      2.5

                                       8

Hold public hearing

                                       0

                                       0

                                       8

                                      2.5

                                     10.5

Respond to significant comments

                                       2

                                       2

                                      20

                                      2.5

                                     26.5

Regional Administrator makes final determination

                                       2

                                       5

                                       5

                                       0

                                      12

Prepare and publish Federal Register notice

                                       2

                                      0.5

                                       8

                                      2.5

                                      13

Total hours per Application

                                      19

                                      28

                                      156

                                      31

                                      234

Total cost per Application

                                   $1,412.08

                                   $2,447.76

                                   $8,252.40

                                    $924.42

                                  $13,036.66

Total Burden:	Hour (234) x No. of Respondents (5) = 1170 Hours

Total Cost:	Cost ($13,036.66) x No. of Respondents (5) = $65,183.30

EXHIBIT 4:  EPA REGIONS RESPONDING TO 7 APPLICATIONS FOR MSWLF PERMIT PROGRAMS

EXHIBIT 4a:  EPA REGIONS RESPONDING TO 2 "NEW" APPLICATIONS

Collection Activities:				Burden Hours per Application:

	Legal 	$74.32 	per hour

	Manager 	$87.42 	per hour

	Technical 	$52.90 	per hour

	Clerical 	$29.82 	per hour

	Total 	Hours

Review and comment on draft application, including meetings with applicant

                                      10

                                      10

                                      80

                                      16

                                      116

Process and distribute application

                                       0

                                       0

                                      10

                                       8

                                      18

Review application for completeness, and request additional information

                                      10

                                      10

                                      80

                                       2

                                      102

Review complete application

                                       2

                                      10

                                      40

                                      16

                                      68

Regional Administrator makes tentative determination

                                       4

                                      10

                                      10

                                       0

                                      24

Prepare and publish Federal Register notice

                                       0

                                       1

                                      10

                                       5

                                      16

Hold public hearing

                                       0

                                       0

                                      16

                                       5

                                      21

Respond to significant comments

                                       4

                                       4

                                      40

                                       5

                                      53

Regional Administrator makes final determination

                                       4

                                      10

                                      10

                                       0

                                      24

Prepare and publish Federal Register notice

                                       4

                                       1

                                      16

                                       5

                                      26

Total hours per Application

                                      38

                                      56

                                      312

                                      62

                                      468

Total cost per Application

                                   $2,824.16

                                   $4,895.52

                                  $16,504.80

                                   $1,848.84

                                  $26,073.32

Total Burden:	Hour (468) x No. of Respondents (2) = 936 Hours

Total Cost:	Cost ($26,073.32) x No. of Respondents (2) = $52,146.64.

EXHIBIT 4b:  EPA REGIONS RESPONDING TO 5 "MODIFIED" APPLICATIONS Collection Activities:				Burden Hours per Application:

	Legal 	$74.32 	per hour

	Manager 	$87.42 	per hour

	Technical 	$52.90 	per hour

	Clerical 	$29.82 	per hour

	Total 	Hours

Review complete application

                                       2

                                      10

                                      40

                                      16

                                      68

Regional Administrator makes tentative determination

                                       4

                                      10

                                      10

                                       0

                                      24

Prepare and publish Federal Register notice

                                       0

                                       1

                                      10

                                       5

                                      16

Hold public hearing

                                       0

                                       0

                                      16

                                       5

                                      21

Respond to significant comments

                                       4

                                       4

                                      40

                                       5

                                      53

Regional Administrator makes final determination

                                       4

                                      10

                                      10

                                       0

                                      24

Prepare and publish Federal Register notice

                                       4

                                       1

                                      16

                                       5

                                      26

Total hours per Application

                                      18

                                      36

                                      142

                                      36

                                      232

Total cost per Application

                                   $1,337.76

                                   $3,147.12

                                   $7,511.80

                                   $1,073.52

                                  $13,070.20

Total Burden:	Hour (232) x No. of Respondents (5) = 1,160 Hours Total Cost:	Cost ($13,070.20) x No. of Respondents (5) = $65,351.00. EXHIBIT 4c:  EPA REGIONS RESPONDING TO 9 "RD&D" APPLICATIONS

Collection Activities:				Burden Hours per Application:

	Legal 	$74.32 	per hour

	Manager 	$87.42 	per hour

	Technical 	$52.90 	per hour

	Clerical 	$29.82 	per hour

	Total 	Hours

Review complete application

                                       1

                                       5

                                      20

                                       2

                                      28

Regional Administrator makes tentative determination

                                       2

                                       5

                                       5

                                       0

                                      12

Prepare and publish Federal Register notice

                                       0

                                       1

                                       4

                                       3

                                       8

Hold public hearing

                                       0

                                       0

                                       8

                                       5

                                      13

Respond to significant comments

                                       4

                                       4

                                      20

                                       5

                                      33

Regional Administrator makes final determination

                                       2

                                       5

                                       5

                                       0

                                      12

Prepare and publish Federal Register notice

                                       2

                                       1

                                       4

                                       3

                                      10

Total hours per Application

                                      11

                                      21

                                      66

                                      18

                                      116

Total cost per Application

                                    $817.52

                                   $1,835.82

                                   $3,491.40

                                    $536.76

                                   $6,681.50

Total Burden:	Hour (116) x No. of Respondents (9) = 1,044 Hours

Total Cost:	Cost ($6,681.50) x No. of Respondents (9) = $60,133.50

	EXHIBIT 4 	 TOTAL BURDEN (4a+4b+4c): 3,140 Hours TOTAL COST       (4a+4b+4c): $177,631.14

EXHIBIT 5:  TOTAL BURDEN

EXHIBIT 5a:  TOTAL HOUR BURDEN:

	Regions

	States/Territories

	Total

Preparing Non-Municipal, Non-Hazardous Waste Disposal Units that Receive CESQG Hazardous Waste Permit Program Applications

                                     1,170

                                     1,258

                                     2,428

Preparing MSWLF Permit Program Applications

                                     3,140

                                     1,646

                                     4,786

Total Burden

                                     4,310

                                     2,904

                                    7,214

States/Territories Total Hour Burden:   2,904 hours over 3 years, or 968 hours per year GRAND TOTAL HOUR BURDEN:	7,214 hours over 3 years, or 2,405 hours per year

EXHIBIT 5b:  TOTAL COST BURDEN (Dollars):

	Regions

	States/Territories

	Total

Preparing Non-Municipal, Non-Hazardous Waste Disposal Units that Receive CESQG Hazardous Waste Permit Program Applications

                                   $65,183

                                    $70,708

                                   $135,891

Preparing MSWLF Permit Program Applications

                                    $177,631

                                    $92,424

                                   $270,055

Total Burden

                                   $242,814

                                   $163,123

                                   $405,946

States/Territories Total Cost Burden (Dollars): $163,123 over 3 years or $54,374 per year.	 GRAND TOTAL COST BURDEN (Dollars): 	$405,946 over 3 years or $135,315 per year.


[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Page 45285]
[FR Doc No: 2020-16141]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-186, OMB Control No. 3235-0186]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Revision: Form N-8B-2

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Form N-8B-2 (17 CFR 274.12) is the form used by unit investment
trusts (``UITs'') other than separate accounts that are currently
issuing securities, including UITs that are issuers of periodic payment
plan certificates and UITs of which a management investment company is
the sponsor or depositor, to comply with the filing and disclosure
requirements imposed by section 8(b) of the Investment Company Act of
1940 (15 U.S.C. 80a-8(b)). Form N-8B-2 requires disclosure about the
organization of a UIT, its securities, the personnel and affiliated
persons of the depositor, the distribution and redemption of
securities, the trustee or custodian, and financial statements. The
Commission uses the information provided in the collection of
information to determine compliance with section 8(b) of the Investment
Company Act.
    Each registrant subject to the Form N-8B-2 filing requirement files
Form N-8B-2 for its initial filing and does not file post-effective
amendments on Form N-8B-2.\1\ The Commission staff estimates that
approximately one respondent files one Form N-8B-2 filing annually with
the Commission. Based on form amendments to include formatting and
hyperlinking requirements to Form N-8B-2 arising from the adoption of
the FAST Act release,\2\ staff estimates that the burden for compliance
with Form N-8B-2 is approximately 28 hours per filing.\3\ The total
hourly burden for the Form N-8B-2 filing requirement therefore is 28
hours in the aggregate (1 respondent x one filing per respondent x 28
hours per filing), at an internal cost burden of $9,912, and external
cost burden of $10,300.
---------------------------------------------------------------------------

    \1\ Post-effective amendments are filed with the Commission on
the UIT's Form S-6. Hence, respondents only file Form N-8B-2 for
their initial registration statement and not for post-effective
amendments.
    \2\ FAST Act Modernization and Simplification of Regulation S-K,
Securities Act Release No. 10618 (March 20, 2019) [84 FR 12674
(April 2, 2019)].
    \3\ Staff estimates are also adjusted to reflect new disclosures
for UIT ETFs arising from the adoption of the Exchange-Traded Funds
release. See Exchange-Traded Funds, Investment Company Act Release
No. 33646 (Sept. 25, 2019) [84 FR 57162 (Oct. 24, 2019)].
---------------------------------------------------------------------------

    Estimates of the burden hours are made solely for the purposes of
the PRA and are not derived from a comprehensive or even a
representative survey or study of the costs of SEC rules and forms. The
information provided on Form N-8B-2 is mandatory. The information
provided on Form N-8B-2 will not be kept confidential. 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.
    Written comments are invited on: (a) 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; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Cynthia
Roscoe, 100 F Street NE, Washington, DC 20549; or send an email to:
<EMAIL_ADDRESS>
    Dated: July 21, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-16141 Filed 7-24-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6848-6849]
[FR Doc No: 2016-02509]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2280-021]

Seneca Generation, LLC; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Application to amend license.
    b. Project No.: 2280-018.
    c. Date Filed: January 11, 2016.
    d. Applicant: Seneca Generation, LLC.
    e. Name of Project: Kinzua Pumped Storage Project.
    f. Location: The project is located at the U.S. Army Corps of
Engineers' Kinzua Dam on the Allegheny River, in Warren County,
Pennsylvania, and occupies federal lands administered by the U.S.
Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Kathy French, V.P. Environmental, LS
Power, 1700 Broadway, 35th Floor, New York, NY 10019<PHONE_NUMBER>.
    i. FERC Contact: Mr. Ashish Desai,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, protests,
and recommendations is 30 days from the date of issuance of this notice
by the Commission. The Commission strongly encourages electronic
filing. Please file motions to intervene, protests, comments, or
recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. Please include the project number (P-2280-021) on
any comments, motions to intervene, protests, or recommendations filed.
    k. Description of Request: The applicant proposes to remove Article
407 from the project license. License Article 407 requires the
applicant to file a plan to remove two weirs and an associated road
located southeast of the upper reservoir of the project. The applicant
claims there is no need for removal of the two weirs, since they serve
a purpose for project safety.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading,
the name of the applicant and the

project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). All comments,
motions to intervene, or protests should relate to project works which
are the subject of the license amendment. Agencies may obtain copies of
the application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervener
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: February 3, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02509 Filed 2-8-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Notices]
[Page 10428]
[FR Doc No: 2020-03569]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1014-000]

Cove Mountain Solar, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Cove Mountain Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 9, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: February 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-03569 Filed 2-21-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Page 37448]
[FR Doc No: 2020-13355]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-52-001.
    Applicants: ETC Katy Pipeline, Ltd.
    Description: Tariff filing per 284.123(b),(e)+(g): ETC Katy
Pipeline, LLC Revised SOC Effective April 1, 2020 to be effective 4/1/
2020.
    Filed Date: 6/12/2020.
    Accession Number:<PHONE_NUMBER>00.
    Comments Due: 5 p.m. ET 7/2/2020.
    284.123(g) Protests Due: 5 p.m. ET 7/2/2020.

    Docket Numbers: RP20-956-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Pre-Arranged/Pre-Agreed (Settlement Agreement) Filing
of Texas Eastern Transmission, LP under RP20-956.
    Filed Date: 6/12/20.
    Accession Number: 20200612-5265.
    Comments Due: 5 p.m. ET 6/24/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 16, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13355 Filed 6-19-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Rules and Regulations]
[Pages 5316-5318]
[FR Doc No: 2020-01568]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0598; Airspace Docket No. 19-ASO-16]
RIN 2120-AA66

Amendment of the Class D and Class E Airspace; Meridian, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class D airspace at Joe Williams NOLF,
Meridian, MS; Key Field, Meridian, MS; and NAS Meridian/McCain Field,
Meridian, MS; the Class E airspace area designated as an extension to
Class D airspace at Key Field; and the Class E airspace extending
upward from 700 feet above the surface at Key Field, Joe Williams NOLF,
and NAS Meridian/McCain Field. This action is due to an airspace review
caused by the decommissioning of the Kewanee VHF omnidirectional range
(VOR) navigation aid, which provided navigation information for the
instrument procedures at these airports, as part of the VOR Minimum
Operational Network (MON) Program. The names and geographic coordinates
of NAS Meridian/McCain Field and Joe Williams NOLF, and the geographic
coordinates of Key Field are also being updated to coincide with the
FAA's aeronautical database. Airspace redesign is necessary for the
safety and management of instrument flight rules (IFR) operations at
these airports.

DATES: Effective 0901 UTC, May 21, 2020. 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 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 amends the Class D airspace at Joe Williams NOLF, Meridian, MS;
Key Field, Meridian, MS; and NAS Meridian/McCain Field, Meridian, MS;
the Class E airspace area designated as an extension to Class D
airspace at Key Field; and the Class E airspace extending upward from
700 feet above the surface at Key Field, Joe Williams NOLF, and NAS
Meridian/McCain Field to support IFR operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 47909; September 11, 2019) for Docket No. FAA-2019-0598
to amend the Class D airspace at Joe Williams NOLF, Meridian, MS; Key
Field, Meridian, MS; and NAS Meridian/McCain Field, Meridian, MS; the
Class E airspace area designated as an extension to Class D airspace at
Key Field; and the Class E airspace extending upward from 700 feet
above the surface at Key Field, Joe Williams NOLF, and NAS Meridian/
McCain Field. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. One comment was received supporting the proposal. No response is
provided.
    Class D and E airspace designations are published in paragraph
5000, 6004, and 6005, respectively, of FAA Order 7400.11D, dated August
8, 2019, and effective September 15, 2019, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Differences From the NPRM

    Subsequent to publication of the NPRM, the FAA discovered a
typographic error in the airspace legal description for the Class E
airspace extending upward from 700 feet above the surface at Key Field,
Meridian, MS. The extension from the Meridian VORTAC 141[deg] to the
southeast should extend from the 7-mile radius of Key Field vice the
4.5-mile radius. That typographic error is corrected in this action.
    Additionally, the FAA discovered that the proposed airspace legal
description for the Class E airspace extending upward from 700 feet
above the surface at Meridian, MS, left gaps in the continuity of the
airspace. To make the airspace continuous, the following changes are
being made: The first extension reading, ``. . . and within 1 mile each
side of the 009[deg] bearing from Key Field extending from the 7-mile
radius of Key Field to 12.5 miles north of Key Field . . .'' is being
changed to, ``. . . and within 1 mile west and 1.6 miles east of the
009[deg] bearing from Key Field extending from the 7-mile radius of Key
Field to 12.5 miles north of Key Field . . .'' in this action; and the
third extension reading, ``. . . and within 2 miles each side of the
044[deg] bearing from Key Field extending from the 7-mile radius of Key
Field to 11.6 miles northeast of Key Field. . .'' is being changed to,
``. . . and within 2.2 miles west and 2 miles east of the 044[deg]
bearing from Key Field extending from the 7-mile radius of Key Field to
11.6 miles northeast of Key Field . . .'' in this action. These changes
only fill the gaps and complete the continuity of the Class E airspace
extending upward from 700 feet above the surface at Meridian, MS, and
do not expand the airspace; therefore, these amendments to the Class E
airspace extending upward from 700 feet above the surface at Meridian,
MS, are included in this action.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71: Amends the Class D airspace at Joe Williams NOLF, Meridian,
MS, by updating the geographic coordinates of Joe Williams NOLF to
coincide with the FAA's aeronautical database, and replaces the
outdated term ``Airport/Facility Directory'' with ``Chart Supplement'';
Amends the Class D airspace to within a 4.5-mile radius (reduced from a
5.3-mile radius) of Key Field, Meridian, MS; updates the city in the
airspace legal description to Meridian, MS, (previously Meridian Key
Field, MS) to comply with changes to FAA Order 7400.2M, Procedures for
Handling Airspace Matters; removes the city listed with the airport in
the airspace legal description to comply with changes to FAA Order
7400.2M; updates the geographic coordinates of Key Field to coincide
with the FAA's aeronautical database; and replaces the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    Amends the Class D airspace to within a 5.3-mile radius (reduced
from a 5.8-mile radius) of NAS Meridian/McCain Field, Meridian, MS;
updates the city in the airspace legal description to Meridian, MS,
(previously Meridian NAS-McCain Field, MS) to comply with changes to
FAA Order 7400.2M; removes the city listed with the airport in the
airspace legal description to comply with changes to FAA Order 7400.2M;
updates the name and geographic coordinates of NAS Meridian/McCain
Field (previously NAS-McCain Field) to coincide with the FAA's
aeronautical database; adds an extension 1 mile each side of the
009[deg] bearing from the airport extending from the 5.3-mile radius to
5.5 miles north of the airport; adds an extension 1.5 miles each side
of the 189[deg] bearing from the airport extending from the 5.3-mile
radius to 6 miles from the airport; adds an extension 1.6 miles each
side of the Meridian TACAN 331[deg] radial extending from the 5.3-mile
radius to 5.6 miles northwest of the Meridian TACAN; and replaces the
outdated term ``Airport/Facility Directory'' with ``Chart Supplement'';
    Amends the Class E airspace area designated as an extension to a
Class D airspace at Key Field by updating the city in the airspace
legal description to Meridian, MS, (previously Meridian/Key Field, MS)
to comply with changes to FAA Order 7400.2M; removes the city listed
with the airport in the airspace legal description to comply with
changes to FAA Order 7400.2M; updates the geographic coordinates of Key
Field and the Meridian VORTAC to coincide with the FAA's aeronautical
database; adds an extension 1 mile each side of the 009[deg] bearing
from the airport extending from the 4.5-mile radius to 4.9-miles north
of the airport; adds an extension 1 mile each side of the 044[deg]
bearing from the airport extending from the 4.5-mile radius to 4.6
miles northeast of the airport; adds an extension 2.9 miles each side
of the Meridian VORTAC 141[deg] radial extending from the 4.5-mile
radius to 11 miles southeast of the Meridian VORTAC; adds an extension
1 mile each side of the 189[deg] bearing from the airport extending
from the 4.5-mile radius to 4.6 miles south of the airport; adds an
extension 1 mile each side of the 224[deg] bearing from the airport
extending from the 4.5-mile radius to 4.6 miles southwest of the
airport; removes the extension northwest of the VORTAC; and replaces
the outdated term ``Airport/Facility Directory'' with ``Chart
Supplement'';
    And amends the Class E airspace extending upward from 700 feet
above the surface to within a 7-mile radius (reduced from an 8-mile
radius) of Key Field; adds an extension within 1 mile west and 1.6
miles east (previously 1 mile each side) of the 009[deg] bearing from
Key Field extending from the 7-mile radius to 12.5 miles north of the
airport; adds an extension within 3.4 miles each side of the 009[deg]
bearing from the Key Field: RWY 19-LOC extending from the 7-mile radius
of the airport to 11.1 miles north of the Key Field: RWY 19-LOC; adds
an extension within 2.2 miles west and 2 miles east (previously 2 miles
each side) of the 044[deg] bearing from the airport extending from the
7-mile radius of the airport to 11.6 miles northeast of the airport;
adds an extension within 3.6 miles each side of the Meridian VORTAC
141[deg] radial extending from the 7-mile radius of the airport to 13.9
miles southeast of the Meridian VORTAC; adds an extension within 1 mile
each side of the 189[deg] bearing from the airport extending from the
7-mile radius of the airport to 12.6 miles south of the airport; adds
an extension within 3.4 miles each side of the 189[deg] bearing from
the Key Field: RWY 01-LOC extending from the 7-mile radius of the
airport to 11.2 miles south of the Key Field: RWY 01-LOC; amends the
extension northwest of the Meridian VORTAC to within 1.5 miles (reduced
from 2.5 miles) each side of the Meridian VORTAC 311[deg] (previously
315[deg]) radial extending from the 7-mile radius of the airport to
14.3 miles (increased from 7 miles) northwest of the Meridian VORTAC;
within a 6.7 mile radius (decreased from a 7.4-mile radius) of Joe
Williams NOLF, Meridian, MS; within a 7.8-mile radius (decreased from
an 8-mile radius) of NAS Meridian/McCain Field; removes the extension
``. . . within 4 miles each side of the 020[deg] bearing from lat.
32[deg]33'28'' N, long, 88[deg]33'33'' W, extending from the 8-mile
radius to 20 miles north of Meridian TACAN, and within a 25-mile radius
of the Meridian VORTAC, extending clockwise from the 341[deg] radial to
the 040[deg] radial, and within 8 miles north and 6 miles south of the
Kewanee VORTAC 273[deg] radial, extending from the VORTAC to long.
88[deg]45'00'' W''; adds an extension 6.7 miles either side of a line
from Joe William NOLF to NAS Meridian/McCain Field; updates the names
of Joe William NOLF (previously Joe Williams OLF), and NAS Meridian/
McCain Field (previously NAS-McCain Field) and the geographic
coordinates of Key Field, Joe Williams NOLF and NAS Meridian/McCain
Field to coincide with the FAA's aeronautical database; and removes the
Meridian TACAN and Kewanee VORTAC from the airspace legal description.
    This action is the result of an airspace review caused by the
decommissioning of the Kewanee VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    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 only affects
air traffic procedures and air navigation, it is certified that this
rule, when promulgated, does not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    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(f), 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 FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO MS D Meridian, MS [Amended]

Joe Williams NOLF, MS
    (Lat. 32[deg]47'56'' N, long. 88[deg]50'04'' W)

    That airspace extending upward from the surface to and including
3,000 feet MSL within a 4.2-mile radius of Joe Williams NOLF. This
Class D airspace area is effective during the specific dates and
times established by a Notice to Airmen. The effective date and time
will thereafter be continuously published in the Chart Supplement.

ASO MS D Meridian, MS [Amended]

Key Field, MS
    (Lat. 32[deg]19'57'' N, long. 88[deg]45'07'' W)

    That airspace extending upward from the surface to and including
2,800 feet MSL within a 4.5-mile radius of Key Field. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

ASO MS D Meridian, MS [Amended]

NAS Meridian/McCain Field, MS
    (Lat. 32[deg]33'13'' N, long. 88[deg]33'19'' W)
Meridian TACAN
    (Lat. 32[deg]34'42'' N, long. 88[deg]32'43'' W)

    That airspace extending upward from the surface to and including
2,800 feet MSL within a 5.3-mile radius of NAS Meridian/McCain
Field, and within 1 mile each side of the 009[deg] bearing from the
airport extending from the 5.3 mile radius to 5.5 miles north of the
airport, and within 1.5 miles each side of the 189[deg] bearing from
the airport extending from the 5.3-mile radius to 6 miles south of
the airport, and within 1.6 miles each side of the Meridian TACAN
331[deg] radial extending from the 5.3-mile radius to 5.6 miles
northwest the Meridian TACAN. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ASO MS E4 Meridian, MS [Amended]

Key Field, MS
    (Lat. 32[deg]19'57'' N, long. 88[deg]45'07'' W)
Meridian VORTAC
    (Lat. 32[deg]22'42'' N, long. 88[deg]48'15'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 009[deg] bearing from Key Field extending from the
4.5-mile radius of Key Field to 4.9 miles north of Key Field, and
within 1 mile each side of the 044[deg] bearing from Key Field
extending from the 4.5-mile radius of Key Field to 4.6 miles
northeast of Key Field, and within 2.9 miles each side of the
Meridian VORTAC 141[deg] radial extending from the 4.5-mile radius
of Key Field to 11 miles southeast of the Meridian VORTAC, and
within 1 mile each side of the 189[deg] bearing from Key Field
extending from the 4.5-mile radius of Key Field to 4.6 miles south
of Key Field, and within 1 mile each side of the 224[deg] bearing
from Key Field extending from the 4.5-mile radius of Key Field to
4.6 miles southwest of Key Field. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

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

* * * * *

ASO MS E5 Meridian, MS [Amended]

Key Field, MS
    (Lat. 32[deg]19'57'' N, long. 88[deg]45'07'' W)
Key Field: RWY 19-LOC
    (Lat. 32[deg]18'54'' N, long. 88[deg]45'25'' W)
Meridian VORTAC
    (Lat. 32[deg]22'42'' N, long. 88[deg]48'15'' W)
Key Field: RWY 01-LOC
    (Lat. 32[deg]20'52'' N, long. 88[deg]45'02'' W)
Joe Williams NOLF, MS
    (Lat. 32[deg]47'56'' N, long. 88[deg]50'04'' W)
NAS Meridian/McCain Field, MS
    (Lat. 32[deg]33'13'' N, long. 88[deg]33'19'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Key Field, and within 1 mile west and 1.6
miles of the 009[deg] bearing from Key Field extending from the 7-
mile radius of Key Field to 12.5 miles north of Key Field, and
within 3.4 miles each side of the 009[deg] bearing from the Key
Field: RWY 19-LOC extending from the 7-mile radius of Key Field to
11.1 miles north of the Key Field: RWY 19-LOC, and within 2.2 miles
west and 2 miles east of the 044[deg] bearing from Key Field
extending from the 7-mile radius of Key Field to 11.6 miles
northeast of Key Field, and within 3.6 miles each side of the
Meridian VORTAC 141[deg] radial extending from the 7-mile radius of
Key Field to 13.9 miles southeast of the Meridian VORTAC, and within
1 mile each side of the 189[deg] bearing from Key Field extending
from the 7-mile radius of Key Field to 12.6 miles south of Key
Field, and within 3.4 miles each side of the 189[deg] bearing from
the Key Field: RWY 01-LOC extending from the 7-mile radius of Key
Field to 11.2 miles south of the Key Field: RWY 01-LOC, and within
1.5 miles each side of the Meridian VORTAC 311[deg] radial extending
from the 7-mile radius of Key Field to 14.3 miles northwest of the
Meridian VORTAC, and within a 6.7-mile radius of Joe Williams NOLF,
and within a 7.8-mile radius of NAS Meridian/McCain Field, and
within 6.7 miles each side of a line from Joe Williams NOLF to NAS
Meridian/McCain Field.

    Issued in Fort Worth, Texas, on January 22, 2020.
Steve Szukula,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-01568 Filed 1-29-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Page 21188]
[FR Doc No: 2013-08252]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0024]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated March 6, 2013, BNSF Railway Company (BNSF) has petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 234, Grade Crossing Safety, Including Signal Systems,
State Action Plans, and Emergency Notification Systems. FRA assigned
the petition Docket Number FRA-2013-0024.
    BNSF seeks a waiver from the requirements of 49 CFR 234.106,
Partial activation, at highway-rail grade crossings that are equipped
with four-quadrant gates and automated horn system (AHS) equipment
throughout its rail network. Specifically, BNSF seeks FRA's approval to
operate AHS equipment at four-quadrant gate installations in the event
that the exit gates fail to lower to the horizontal position, in lieu
of the alternative methods of protection listed in 49 CFR part 234,
Appendix B.
    BNSF requests this waiver of compliance as a method to minimize
operational impacts caused by the malfunction or extended outage of
vehicle presence detection systems, both of which are often wholly
outside of its control. Typically, maintenance responsibilities for in-
pavement inductive-loop detectors lie with the applicable road
authority, not BNSF. Additionally, BNSF believes that with respect to
exit gates not impacted by State design parameters that require such
gates to remain in the vertical position upon failure of the vehicle
presence detection system, granting this waiver will similarly minimize
operational impacts on BNSF caused by exit gate malfunctions.
    In its petition, BNSF submits that granting the waiver will improve
safety. It maintains that the safety of the traveling public will be
enhanced by allowing for the use of AHS equipment, which provides a
recognized warning (an audible horn) that is superior to a crew member,
flagman, or police officer present at a crossing. Moreover, BNSF
asserts that the requested relief will allow trains to operate through
the affected crossings at normal operating speeds, thereby minimizing
the length of time that trains obstruct such highway-rail grade
crossings. BNSF concludes that, if FRA were to grant the subject
waiver, delays to the traveling public would also be reduced.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 24, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as is practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-08252 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-06-P