[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 32982-32983]
[FR Doc No: 2022-11586]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0041; Airspace Docket No. 21-ANM-47]
RIN 2120-AA66

Establishment of Class E airspace; Limon Municipal Airport, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Limon Municipal
Airport, Limon, CO. The establishment of airspace supports the
airport's transition from visual flight rules (VFR) to instrument
flight rule (IFR) operations.

DATES: Effective 0901 UTC, July 14, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, 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.

FOR FURTHER INFORMATION CONTACT: Jonathan Epperson, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; 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 would establish Class E airspace to support instrument flight
rule operations at Limon Municipal Airport, CO.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for FAA-2022-0041 to establish Class E airspace
extending upward from 700 feet above the surface at Limon Municipal
Airport, CO (87 FR 8754; February 16, 2022). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. Three comments were received in
favor of the proposal and one comment was not germane.
    The Class E5 airspace designation is published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designation listed in this document will be published
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E airspace
extending upward from 700 feet above the surface of the Earth at Limon
Municipal Airport, Limon, CO. This airspace is designed to contain the
new Area Navigation (RNAV) approaches into the airport and the
instrument departures from the airport. The airspace supports the
airport's transition from visual flight rules to instrument flight rule
operations.
    FAA Order JO 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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would 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 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant the preparation of an
environmental assessment.

List 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 14 CFR 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 JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

ANM CO E5 Limon, CO [New]

Limon Municipal Airport, CO
    (Lat. 39[deg]16'29'' N, long. 103[deg]39'57'' W)

    That airspace extending upward from 700 feet above the surface
within a 5.9-mile radius of the airport, and within a 6.6-mile
radius of the airport from the 339[deg] bearing from the airport
clockwise to the 026[deg] bearing from the airport.

    Issued in Des Moines, Washington, on April 25, 2022.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-11586 Filed 5-31-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57886-57887]
[FR Doc No: 2019-23570]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]

TUV Rheinland of North America, Inc.: Application for Expansion
of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of TUV
Rheinland of North America, Inc. (TUVRNA) for expansion of recognition
as a Nationally Recognized Testing Laboratory (NRTL) and presents the
agency's preliminary finding to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before November 13, 2019.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0042,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210;
telephone:<PHONE_NUMBER>. Note that security procedures may result in
significant delays in receiving comments and other written materials by
regular mail. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Docket Office's normal business hours,
10:00 a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2007-0042). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at http://www.regulations.gov.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before November 13, 2019 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor by phone<PHONE_NUMBER> or
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor by phone
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that TUVRNA is applying for expansion of
the scope of recognition as a NRTL. TUVRNA requests the addition of one
test standard to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes an application by a NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A, 29 CFR 1910.7. This appendix
requires that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides final decision on the application. These notices
set forth the NRTL's scope of recognition or modifications of that
scope. OSHA maintains an informational web page for each NRTL,
including TUVRNA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA currently has nine facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown,
Connecticut 06470. A complete list of TUVRNA sites recognized by OSHA
is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Applications

    TUVRNA submitted two applications, one dated March 30, 2016 (OSHA-
2007-0042-0030) and another dated April 19, 2017 (OSHA-2007-0042-0031),
to expand the scope of recognition to include the addition of four
recognized testing and certification sites and the addition of two test
standards to its scope of recognition. OSHA preliminarily determined
that OSHA should grant the applications for expansion.
    OSHA published a Federal Register notice (83 FR 3662), July 20,
2018 announcing these applications, but referenced one incorrect
standard in the listing of appropriate test standards (UL 698A). OSHA
further published a Federal Register notice (84 FR 26160 June 5, 2019)
granting recognition for the four sites and the two additional

standards requested in the application. This notice is being issued to
correct an incorrect standard referenced in FRN (83 FR 36625) and to
allow for public comment on the one remaining standard (UL 698A).
    Table 1 lists the appropriate test standard found in TUVRNA's
application for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standard for Inclusion in
                   TUVRNA's NRTL Scope of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 698A................................  Standard for Industrial Control
                                          Panels Relating to Hazardous
                                          (Classified) Locations.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    TUVRNA submitted an acceptable application for expansion of scope
of recognition. OSHA's review of the application file and pertinent
documentation indicates that TUVRNA can meet the requirements
prescribed by 29 CFR 1910.7 for expanding recognition to include the
addition of this one test standard for NRTL testing and certification
listed above. This preliminary finding does not constitute an interim
or temporary approval of TUVRNA's application.
    OSHA welcomes public comment as to whether TUVRNA meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, at the above address. These materials also
are available online at http://www.regulations.gov under Docket No.
OSHA-2007-0042.
    OSHA will review all comments to the docket submitted in a timely
manner and, after addressing the issues raised by these comments, will
make a recommendation to the Assistant Secretary for Occupational
Safety and Health whether to grant TUVRNA's application for expansion
of its scope of recognition. The Assistant Secretary will make the
final decision on granting the application. In making this decision,
the Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

IV. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912,
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on October 23, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-23570 Filed 10-28-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Notices]
[Page 49465]
[DOCID:fr21au08-49]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0039]

Chloramine-T for Control of Bacterial Gill Disease in Freshwater-
Reared Salmonids; Availability of Data

AGENCY: Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of effectiveness and target animal safety data that may be
used in support of a new animal drug application (NADA) or supplemental
NADA for use of chloramine-T by immersion for the control of mortality
in freshwater-reared salmonids due to bacterial gill disease. The data,
contained in Public Master File (PMF) 5893, were compiled by the U.S.
Department of the Interior, U.S. Fish and Wildlife Service, Aquatic
Animal Drug Approval Partnership Program.

ADDRESSES:  Submit NADAs or supplemental NADAs to the Document Control
Unit (HFV-199), Center for Veterinary Medicine, Food and Drug
Administration, 7500 Standish Pl., Rockville, MD 20855.

FOR FURTHER INFORMATION CONTACT: Donald A. Prater, Center for
Veterinary Medicine (HFV-130), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Chloramine-T used by immersion for control
of mortality in freshwater-reared salmonids due to bacterial gill
disease is a new animal drug under section 201(v) of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 321(v)). As a new animal
drug, chloramine-T is subject to section 512 of the act (21 U.S.C.
360b) which requires that its uses be the subject of an approved NADA
or supplemental NADA. Fish are a minor species under Sec.
514.1(d)(1)(ii) (21 CFR 514.1(d)(1)(ii)).
    The U.S. Department of the Interior, U.S. Fish and Wildlife
Service, Aquatic Animal Drug Approval Partnership Program, 4050 Bridger
Canyon Rd., Bozeman, MT 59715, has provided effectiveness and target
animal safety data for use of chloramine-T by immersion for control of
mortality in freshwater-reared salmonids due to bacterial gill disease.
These data are contained in PMF 5893.
    Sponsors of NADAs or supplemental NADAs may, without further
authorization, reference the PMF 5893 to support approval of an
application filed under Sec.  514.1(d). An NADA or supplemental NADA
must include, in addition to reference to the PMF, animal drug labeling
and other information needed for approval, such as: data concerning
human food safety; and manufacturing methods, facilities, and controls.
Persons desiring more information concerning PMF 5893 or requirements
for approval of an NADA or supplemental NADA may contact the Center for
Veterinary Medicine (see FOR FURTHER INFORMATION CONTACT).
    In accordance with the freedom of information provisions of 21 CFR
part 20, a summary of safety and effectiveness data provided in PMF
5893 to support approval of an application may be seen in the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852, from 9 a.m. to 4 p.m.,
Monday through Friday.

    Dated: August 8, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8-19299 Filed 8-20-08; 8:45 am]

BILLING CODE 4160-01-S


Brussels, 25 June 2008

Ref:   FILENAME   \* MERGEFORMAT  20080616

DG ENTR/I/4

supplier’s declaration of conformity (SDoC) – a cross-atlantic
single market for electrical and ict products

The European Commission submits the rationale for its request to the
Occupational Safety and Health Agency (OSHA) to review its conformity
assessment procedures in the area of electrical and electronic products.

Resulting from discussions between the EU and the US under the
Transatlantic Economic Council, OSHA announced that it will issue a new
Request For Information (RFI) seeking to review its National Recognised
Testing Laboratory (NRTL) programme, in view of promoting transatlantic
trade and regulatory convergence.

Rationale

The EU has a long experience with conformity assessment regimes that do
not oblige manufacturers to demonstrate compliance with essential public
interest requirements through obligatory 3rd party certification of
their products.  Such certification is considered as a barrier to trade
that should be justified.  The choice of the conformity assessment
regime is made on the basis of an assessment of the risk to consumers,
workers and the general interest that non-compliant products would reach
the market place that would pose danger.  In many areas it was concluded
that these risks are at a level that they can be satisfactorily managed
by obliging manufacturers to demonstrate compliance and to keep such
proof at the disposal of public authorities for inspection at all times.
 These rules, together with horizontal liability, consumer protection
legislation and an appropriate enforcement guarantee a high level of
safety for European consumers.  In the area of electrical safety the Low
Voltage Directive that covers all products between 50-1000 V AC and
75-2500 V DC and which was adopted in 1973 is based on this principle.
Products below the voltage limits of the LVD are covered by the General
Product Safety Directive, which does also not require 3rd party
certification.  In many cases manufacturers rely on the expertise of
certification bodies of their choice to assess the conformity of their
products.

The United States have a long standing tradition with this approach
(informally referred to as self-declaration of conformity or SDoC) and
in many areas have made similar assessments as the EU.  The area of
electrical safety is a notable exception.  Because of the specific legal
situation in the US, the rules that were designed in the early 70's for
ensuring the safety of electrical products used in the workplace have
become the de facto market access rule for most electrical products for
the US market.

At the time it was considered that 3rd party certification for these
products was necessary, even though this decision was not the result of
an in-depth risk assessment.  This principle has since then been
continued and has been applied to all new types of electrical and
electronic products that appeared on the market, regardless of their
level of compliance or their risk to workers and consumers.

The European Commission considers that it is pertinent for OSHA to
review the proportionality of its approach.  It firstly causes an
imbalance in market access regimes governing transatlantic trade in
electrical products.  Secondly they create an imbalance in market access
for the certification industry as US certifiers can without any barrier
offer their services to US industry to comply with EU rules, whereas EU
certifiers require either recognition as a NRTL by OSHA or be accepted
as a test house by NRTLs. Thirdly maintenance by the US of its approach
is providing little incentive for 3rd countries importing products from
the US and the EU to refrain from requiring local testing and approval.
The European Commission recalls the discussions in the WTO-TBT, which
demonstrate that SDoC is widely perceived as an alternative to
conformity assessment systems that create de facto trade barriers
through mandatory certification.

A rule change is justified by the fact that European consumers and
workers experience a high if not higher level of electrical safety as
their counterparts in the US.  This is on the one hand brought about by
the high level of safety of electrical and electronic devices but also
by other factors that contribute to electrical safety, notably
electrical installation codes that prescribe amongst others the use of
Residual Circuit Breakers.  Statistics furthermore demonstrate that
accidents can seldom be attributed to products, but are normally the
result of "live" wires and neglect.  Where they can be attributed to
products, there are no indications that in the EU there is a
relationship between non-compliance and incidents.  On the contrary,
statistics show that they are the result of misuse or simply incidents
caused by other factors (e.g. electrical devices falling of shelves).
In reviewing the current system, OSHA should collect such statistics as
part of a risk assessment.

The experience in the EU does not support the sometimes voiced fear,
that without a 3rd party certification system the market would be
swamped with dangerous products, notably from China.  Whilst EU market
surveillance authorities pay specific attention to the low price/low
technology segment of the market, following some incidents over the last
years, market mechanisms ensure that most electrical and electronic
products and especially high technology products and high volume
products follow rigid quality controls and have an excellent record of
compliance.

Elements for consideration in a Request for Information

The objective of this RFI is to gather information that will enable OSHA
to do an informed assessment of the effects of a system that would not
further rely on obligatory 3rd party certification.  It should asses
which elements such a system should contain in order to attain the level
of compliance that is to be obtained.  It does not seem appropriate for
the Commission to suggest to OSHA the exact scope of products that
should be considered for an SDoC system or whether such a system should
be operated in parallel with the current NRTL system to build up
experience.  Whilst having the experience for SDoC to operate successful
for equipment operating in and below the voltage ranges covered by the
EU Low Voltage Directive, the Commission would understand a segmented
approach in which product areas are given priority, where US and EU
industry have explicitly suggested a move towards SDoC.

The RFI should seek information from stakeholders on the state of the
art of production processes, the factual risks of products in different
product segments and should seek statistics on incidents with electrical
and electronic products and their causes.  Since horizontal legislation
(liability, consumer protection, workplace legislation) already are a
deterrent for placing non-compliant products on the market, it should be
asserted whether sector specific legislation remains necessary to
protect workers and consumers and what such legislation should ensure.

A revised rule making would need to propose a complete regulatory
system.  The RFI would hence need to seek comments on:

The objectives and the evidence demonstrating the need for sector
specific regulation;

The obligations on manufacturers and other market players in terms of:

Safety objectives to be reached and technical requirements to be met;

Tests or risk assessments that have to be done;

Documentation that is to be produced;

The location at which such documentation is to be kept;

Ensuring traceability of products in case of non-compliance (marking and
labelling);

Enforcement

(Where needed) sector specific liability and consumer protection
legislation

Access to product information and information on production, including
for foreign produced products;

Effective enforcement tools: means for recall, fines, market control
(CPSC, Customs, OSHA workplace inspections)

It would not be proper for the Commission to suggest specific approaches
to these elements, but recalls the provisions of EU legislation, which

gives preference to using global standards as a basis for compliance
(with safeguards to take account of specific local conditions);

does not oblige the use of accredited tests, even though they are
strongly recommended;

does recognise the results of tests done in reputable test laboratories
around the world without requiring their explicit recognition under EU
law;

oblige manufacturers to label equipment so as to make it possible to
trace the manufacturer and to keep a technical file at the disposal of
authorities at all time.

	EUROPEAN COMMISSION

ENTERPRISE AND INDUSTRY  DIRECTORATE-GENERAL

Wetstraat 200 Rue de la Loi, B-1049 Brussels, Belgium - Office: BREY
9/225

Telephone: direct line +32.2.2968183, GSM +32.498.968183, fax
+32.2.2994157

e-mail<EMAIL_ADDRESS>


[Federal Register: January 23, 2006 (Volume 71, Number 14)]
[Notices]
[Page 3548-3549]
[DOCID:fr23ja06-95]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Reports of Evidence of Material Violations, SEC File No. 270-
514, OMB Control No. 3235-0572.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995, 44 U.S.C. sections 3501-3520, the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit the
existing collection of information to the Office of Management and
Budget (``OMB'') for extension.
    On February 6, 2003, the Commission published final rules,
effective August 5, 2003, entitled ``Standards of Professional Conduct
for Attorneys Appearing and Practicing Before the Commission in the
Representation of an Issuer'' (17 CFR 205.1-205.7). The information
collection embedded in the rules is necessary to implement the
Standards of Professional Conduct for Attorneys prescribed by the rule
and required by section 307 of the Sarbanes-Oxley Act of 2002. The
rules impose an ``up-the-ladder'' reporting requirement when attorneys
appearing and practicing before the Commission become aware of evidence
of a material violation by the issuer or any officer, director,
employee, or agent of the issuer. An issuer may choose to establish a
qualified legal compliance committee (``QLCC'') as an alternative
procedure for reporting evidence of a material violation. In the rare
cases in which a majority of a QLCC has concluded that an issuer did
not act appropriately, the information may be communicated to the
Commission. The collection of information is, therefore, an important
component of the Commission's program to discourage violations of the
federal securities laws and promote ethical behavior of attorneys
appearing and practicing before the Commission.
    The respondents to this collection of information are attorneys who
appear and practice before the Commission and, in certain cases, the
issuer, and/or officers, directors and committees of the issuer. We
believe that, in providing quality representation to issuers, attorneys
report evidence of violations to others within the issuer, including
the Chief Legal Officer, the Chief Executive Officer, and, where
necessary, the directors. In addition, officers and directors
investigate evidence of violations and report within the issuer the
results of the investigation and the remedial steps they have taken or
sanctions they have imposed. Except as discussed below, we therefore
believe that the reporting requirements imposed by the rule are ``usual
and customary''

activities that do not add to the burden that would be imposed by the
collection of information.
    Certain aspects of the collection of information, however, may
impose a burden. For an issuer to establish a QLCC, the QLCC must adopt
written procedures for the confidential receipt, retention, and
consideration of any report of evidence of a material violation. We
estimate for purposes of the PRA that there are approximately 17,710
issuers that are subject to the rules.\1\ Of these, we estimate that
approximately ten percent, or 1,771, will establish a QLCC.\2\
Establishing the written procedures required by the rule should not
impose a significant burden. We assume that an issuer would incur a
greater burden in the year that it first establishes the procedures
than in subsequent years, in which the burden would be incurred in
updating, reviewing, or modifying the procedures. For purposes of the
PRA, we assume that an issuer would spend 6 hours every three-year
period on the procedures. This would result in an average burden of 2
hours per year. Thus, we estimate for purposes of the PRA that the
total annual burden imposed by the collection of information would be
3,542 hours. Assuming half of the burden hours will be incurred by
outside counsel at a rate of $300 per hour would result in a cost of
$531,300.
---------------------------------------------------------------------------

    \1\ This estimate is based, in part, on the total number of
operating companies that filed annual reports on Form 10-K, Form 20-
F, or Form 40-F, during the 2005 fiscal year and an estimate of the
average number of issuers that may have a registration statement
filed under the Securities Act pending with the Commission at any
time (13,660). In addition, we estimate that approximately 4,050
investment companies currently file periodic reports on Form N-SAR.
    \2\ Indications are that the 2003 estimate of the percentage of
issuers that would establish QLCC's (20%) was high. Our adjusted
estimate in the percentage of QLCC's (10%) results in a reduced
burden estimate as compared to the previously approved collection.
---------------------------------------------------------------------------

    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study. 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 requested on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden[s]
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 R. Corey Booth, Director/
Chief Information Officer, Office of Information Technology, Securities
and Exchange Commission, 100 F St., NE., Washington, DC 20549.

    Dated: January 12, 2006.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-667 Filed 1-20-06; 8:45 am]

BILLING CODE 8010-01-P


PERMIT NO. HI 0021440 PERMIT ISSUED July 10, 2001 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Clean Water Act ( CWA), as amended, ( 33 U. S. C. 1251 et seq.; the " Act"); Chapter 342D, Hawaii Revised Statutes ( HRS); and Chapters 11 54 and 11 55, Hawaii Administrative Rules ( HAR), Department of Health, State of Hawaii;

STATE OF HAWAII DEPARTMENT OF TRANSPORTATION AIRPORTS DIVISION (" PERMITTEE")

is authorized to discharge storm water runoff and certain non storm water discharges as identified in Part A. 2. of this permit from the Honolulu International Airport ( HNL), Oahu, storm sewer outfalls identified in the Permittee's Application dated November 29, 2000 and additional storm sewer outfalls that may be identified from time to time by the Permittee,

into Manuwai Canal, Kaloaloa Canal, Mamala Bay, Keehi Lagoon, and the Reef Runway Marine Pond adjacent to the HNL, Island of Oahu,

in accordance with the discharge prohibitions, receiving water limitations, provisions, monitoring requirements, other conditions set forth herein, and in the attached Department of Health " Standard NPDES Permit Conditions," dated May 3, 1999.

All references to Title 40 of the Code of Federal Regulations ( CFR) are to regulations that are in effect on July 1, 1998, except as otherwise specified. Unless otherwise specified herein, all terms are defined as provided in the applicable regulations in Title 40 of the CFR.

This permit will become effective on August 10, 2001.

This permit and the authorization to discharge will expire at midnight June 1, 2006.

Signed this 10 day of July, 2001.

_____________________________ ( for) Director of Health PERMIT NO. HI 0021440 PAGE 2 PERMIT ISSUED July 10, 2001 TABLE OF CONTENTS Description Page PART A. DISCHARGE LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART B. RECEIVING WATER LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART C. PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. STORM WATER MANAGEMENT PROGRAM ( SWMP) . . . . . . . . . . . . . . . . 6 a. Implementation of and Compliance with the SWMP . . . . . . . . . . . . . . . . . . . 6 b. Components of the SWMP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 i. Storm Water Pollution Control Plan ( SWPCP) . . . . . . . . . . . . . . . . . . . 6 ii. Storm Water Monitoring Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 iii. HNL Separate Storm Sewer System Maintenance Program . . . . . . . . 10 iv. Tenant Activity Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 v. Pesticides, Herbicides, and Fertilizers Program . . . . . . . . . . . . . . . . . . 12 vi. Construction Storm Water Pollution Controls Program . . . . . . . . . . . 12 vii. Facility Maintenance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 viii. Illicit Discharge Prevention Program . . . . . . . . . . . . . . . . . . . . . . . . . 14 ix. Hydrocarbon Removal and Remediation Plan . . . . . . . . . . . . . . . . . . . 14 x. Spill Prevention and Response Program . . . . . . . . . . . . . . . . . . . . . . . 14 xi. Public Education Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. MODIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 a. SWMP Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 b. System Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 a. End of Year Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 b. Reporting of Noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4. SUBMITTALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART D. LOCATION MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 STANDARD NPDES PERMIT CONDITIONS ( attached) PART A PERMIT NO. HI 0021440 PAGE 3 PERMIT ISSUED July 10, 2001 PART A. DISCHARGE LIMITATIONS 1. The Permittee shall effectively prohibit non storm water discharges through its storm sewer system into State waters. NPDES permitted discharges and discharges identified in Part A. 2. of this permit are excluded from this prohibition.

2. The following non storm water discharges may be discharged into the Permittee's storm sewer system without an NPDES permit, provided the discharges are not a source of pollutants:

a. Flows from riparian habitats and wetlands;

b. Fire hydrant testing water;

c. Air conditioning condensation;

d. Spring water;

e. Residential car washing;

f. Dechlorinated swimming pool water;

g. Street wash water;

h. Lawn watering;

i. Discharges from potable water sources, including emergency eye wash basins and showers, and drinking fountains;

j. Landscape irrigation and irrigation water, excluding run off from commercial agriculture;

k. Foundation and footing drains, not including construction related dewatering activities;

l. Water from crawl space pumps, including discharge from buildings with basements, and crawl space pumps used by utility companies to dewater utility manholes and other maintenance and operating substructure facilities;

m. Water from Firefighting School; and n. Water from the Japanese, Chinese, and Hawaiian garden water features located within the International Terminal Complex, not including any water feature cleaning effluent. PART A PERMIT NO. HI 0021440 PAGE 4 PERMIT ISSUED July 10, 2001 The Permittee shall ensure that discharges identified in Part A. 2 of this permit will not result in a violation of any applicable condition of this permit or a violation of any applicable water quality standard.

3. The discharge of pollutants from storm water runoff from areas of industrial activity shall be reduced using the " best available technology economically achievable ( BAT)" and the " best conventional pollution control technology ( BCT)" standards as required by HAR, Section 11 55 15( b)( 1) and 40 CFR § 125.3.

4. The discharge of pollutants from all other areas of the Permittee's facility shall be reduced to the " maximum extent practicable ( MEP)" as required by CWA Section 402( p)( 3)( iii) and 40 CFR § 122.26( d)( 2)( iv). PART B PERMIT NO. HI 0021440 PAGE 5 PERMIT ISSUED July 10, 2001 PART B. RECEIVING WATER LIMITATIONS 1. The discharge shall not cause or contribute to water quality criteria violations by complying with the basic water quality criteria which states:

" All waters shall be free of substances attributable to domestic, industrial, or other controllable sources of pollutants, including:

a. Materials that will settle to form objectionable sludge or bottom deposits;

b. Floating debris, oil, grease, scum, or other floating materials;

c. Substances in amounts sufficient to produce taste in the water or detectable off flavor in the flesh of fish, or in amounts sufficient to produce objectionable color, turbidity or other conditions in receiving waters;

d. High or low temperatures; biocides; pathogenic organisms; toxic, radioactive, corrosive, or other deleterious substances at levels or in combinations sufficient to be toxic or harmful to human, animal, plant, or aquatic life, or in amounts sufficient to interfere with any beneficial use of the water;

e. Substances or conditions or combinations thereof in concentrations which produce undesirable aquatic life;

f. Soil particles resulting from erosion on land involved in earthwork, such as the construction of public works; highways; subdivisions; recreational, commercial, or industrial developments; or the cultivation and management of agricultural lands."

2. The discharge shall not cause or contribute to a violation of any of the applicable beneficial uses or water quality objectives contained in HAR, Chapter 11 54, entitled " Water Quality Standards." PART C PERMIT NO. HI 0021440 PAGE 6 PERMIT ISSUED July 10, 2001 PART C. PROVISIONS 1. STORM WATER MANAGEMENT PROGRAM ( SWMP)

a. Implementation of and Compliance with the SWMP The Permittee shall continue to implement and update the Storm Water Management Program ( SWMP) subject to review and approval by the Department of Health and the Environmental Protection Agency ( EPA). The SWMP, with the components stated below and in compliance with the minimum components of an MS4 SWMP [ as set out at 40 CFR § 122.26( d)( 2)], shall be submitted to the DOH within 120 days after issuance of the permit and shall be implemented within 60 days of submittal to the DOH. The Permittee and its tenants not meeting the definition of industrial activities under 40 CFR § 122.26( b)( 14) shall continue to implement its Storm Water Pollution Prevention Plan dated July, 1998, until 180 days after issuance of the permit.

The Permittee shall demonstrate compliance with Parts A and B of this Permit through the continued implementation of control measures and other actions described in the SWMP and any of its modifications, revisions, or amendments. The SWMP and any of its revisions, additions, or modifications are enforceable components of this permit.

b. Components of the SWMP The SWMP shall consist of the Storm Water Pollution Control Plan ( SWPCP), Storm Water Monitoring Plan, and the Programs for SWMP implementation and compliance as stated in Part C. 1. b. iii. through xi.

i. Storm Water Pollution Control Plan ( SWPCP)

The Permittee shall continue to implement and update the SWPCP to minimize the discharge of pollutants in storm water runoff and to maintain compliance with conditions of this permit. The SWPCP shall identify:

( 1) Pollutants potentially present in storm water;

( 2) Pollutant sources ( including but not limited to the identification of nonstorm water sources connected to the storm drainage system);

( 3) Storm water outfalls and monitoring points in the Storm Water Monitoring Plan;

( 4) Monitoring procedures in the Storm Water Monitoring Plan;

( 5) Pollutant control procedures; PART C PERMIT NO. HI 0021440 PAGE 7 PERMIT ISSUED July 10, 2001 ( 6) Spill prevention and response procedures;

( 7) Site specific Best Management Practices ( BMPs) developed for tenants who do not meet the Standard Industrial Classification ( SIC) Codes as defined in 40 CFR § 122.26( b)( 14)( i) through 122.26( b)( 14)( ix) and 122.26( b)( 14)( xi) in the Tenant Activity Information; and ( 8) Rules and regulations to prevent the discharge of pollutants into the HNL separate storm sewer system.

ii. Storm Water Monitoring Plan The Permittee shall implement the Storm Water Monitoring Plan dated January 2000, Water Quality Management Program dated September 2000, and any of their revisions, additions, or modifications for the life of the permit. The plan shall, at a minimum, include the following items:

( 1) Written narrative of the proposed monitoring plan's objectives and description of activities;

( 2) The monitoring locations on a sampling location map with an explanation of why the location was selected and the identification of the pollutants of concern for each of the sampling locations;

( 3) The monitoring frequency;

( 4) Visual inspection of physical objects and solid wastes;

( 5) Rainfall depth, duration, location, and storm event return time;

( 6) Annual monitoring of the following parameters:

Parameter ( units) Discharge Limitation { 1} Minimum Frequency Type of Sample { 2}

Total Suspended Solids ( mg/ l) { 3} { 4} Grab Total Dissolved Solids ( mg/ l) { 3} Annually Grab Total Nitrogen ( mg/ l) { 5} { 3} { 4} Grab Nitrate+ Nitrite Nitrogen ( mg/ l) { 3} { 4} Grab Ammonia Nitrogen ( mg/ l) { 3} { 4} Grab Total Phosphorus ( mg/ l) { 3} { 4} Grab PART C PERMIT NO. HI 0021440 PAGE 8 Parameter ( units) Discharge Limitation { 1} Minimum Frequency Type of Sample { 2}

PERMIT ISSUED July 10, 2001 Turbidity ( N. T. U.) 5.0* / 2.0** { 6} { 4} Grab Oil and Grease ( mg/ l) 15 Annually Grab { 7}

pH ( Standard Units) { 8} Annually Grab { 9}

Pollutants of concern { 10} { 11} Annually { 12} mg/ l = milligrams per liter N. T. U. = Nephelometric Turbidity Units * = Wet season  November 1 through April 30 ** = Dry season  May 1 through October 31 NOTES: { 1} Pollutant concentration levels shall not exceed the effluent limits or be outside the ranges indicated in the table. Actual or measured levels which exceed those effluent limits or are outside those ranges shall be reported to the Director as required in Part C. 3. b. of this permit.

{ 2} Samples shall be collected from a discharge resulting from a representative storm. A representative storm means a rainfall that accumulates more than 0.1 inch of rain and occurs at least seventy two hours after the previous measurable ( greater than 0.1 inch) rainfall event.

Samples for analysis shall be collected during the first fifteen ( 15) minutes of the discharge and at 15 minute intervals thereafter for the duration of the discharge. If the discharge lasts for over an hour, sample collection may cease.

The sample collected during the first fifteen ( 15) minutes shall be analyzed as a grab sample. If two or more samples are collected, they shall be analyzed as a composite sample.

" Composite sample" means a combination of at least two ( 2) sample aliquots, collected at periodic intervals. The composite must be flow proportional; either the time interval between each aliquot or the volume of each aliquot must be proportional to either the flow at the time of sampling or total flow since the collection of the previous aliquot. Aliquots may be collected manually or automatically.

{ 3} No limitation at this time. Only monitoring and reporting required.

{ 4} The discharge from the Japanese, Chinese, and Hawaiian garden water features located within the International Terminal Complex to the Manuwai Canal shall be monitored once/ quarter. The discharges to all other receiving waters shall be monitored annually.

{ 5} The Total Nitrogen parameter is a measure of all nitrogen compounds in the sample ( nitrate, nitrite, ammonia, dissolved organic nitrogen, and organic matter present as particulates). PART C PERMIT NO. HI 0021440 PAGE 9 PERMIT ISSUED July 10, 2001 { 6} Limitation refers to the geometric mean not to exceed the given value.

{ 7} Oil and Grease shall be measured by the EPA Method 1664, Revision A, which was approved on May 14, 1999 and effective on June 14, 1999.

{ 8} For discharge into Class 2, Inland Waters, the pH shall not deviate more than 0.5 units from ambient conditions and shall not be lower than 5.5 nor higher than 8.0. For discharge into Class A, Marine Waters, the pH shall not deviate more than 0.5 units from a value of 8.1, except at coastal locations where and when freshwater from stream, stormdrain or groundwater discharge may depress the pH to a minimum level of 7.0.

{ 9} The pH shall be tested within 15 minutes of obtaining the grab sample.

{ 10} Pollutants of concern ( included for DOT Air facilities whose storm water discharges are not associated with industrial activity as listed in 40 CFR § 122.26( b)( 14)), as listed in Appendix D of 40 CFR Part 122, and the Final Reissuance of NPDES Storm Water Multi Sector General Permit for Industrial Activities ( Federal Register, Vol. 65, No. 210 dated October 30, 2000, pages 64800 64877). The Permittee shall identify the pollutants of concern for each of the sampling locations. Metals shall be analyzed for the dissolved fraction and total recoverable value.

{ 11} Effluent limitations are the acute water quality standards established in HAR, Section 11 54 04. For pollutants which do not have established acute water quality standards, any detected concentration greater than 0.01 mg/ l shall be reported.

{ 12} Cyanide and the volatile fraction of the toxic organic compounds shall be sampled by grab sample. All other pollutants, as identified in Appendix D of the 40 CFR Part 122; the Final Reissuance of NPDES Storm Water Multi Sector General Permit for Industrial Activities ( Federal Register, Vol. 65, No. 210 dated October 30, 2000, pages 64800 64877); or in HAR Section 11 54 04 shall be sampled by composite sample.

( 7) Written documentation of the analytical methods to be used;

( a) Sample holding time;

( b) Preservation techniques; and ( c) Test method and method detection level:

( i) Conduct monitoring in accordance with test procedures approved under 40 CFR Part 136, or unless otherwise specified, with detection limits low enough to measure compliance with Parts A and B of this permit. For cases where the discharge limitation is below the lowest detection limit of the appropriate test procedure, the Permittee shall use the test method with the lowest detection limit. PART C PERMIT NO. HI 0021440 PAGE 10 PERMIT ISSUED July 10, 2001 ( ii) If a test method has not been promulgated for a particular constituent, the Permittee may use any suitable method for measuring the level of the constituent in the discharge provided the Permittee complies with 40 CFR Part 136.4  Application for alternate test procedures.

( 8) Written documentation of the Quality Assurance/ Quality Control procedures to be used;

( 9) Data gathered on levels of pollutants in non storm water discharges to the separate storm sewer system;

( 10) Using rainfall data collected by the Permittee, the Permittee shall relate rainfall events, measured pollutant loads, and discharge volumes from the separate storm sewer system;

( 11) Estimated budget to be implemented for the term of the permit; and ( 12) The Director may specify other discharge parameters, monitoring requirements and limitations, in addition to the monitoring requirements specified.

( 13) The Permittee shall revise the Storm Water Monitoring Plan to include the minimum requirements listed above and to comply with the DOH's comments dated May 1, 2001, on the Storm Water Monitoring Plan dated January 2000, and the Water Quality Management Program dated September 2000, within 120 days after issuance of this permit.

iii. HNL Separate Storm Sewer System Maintenance Program ( 1) Inspect storm water retention basins periodically and perform semi annual maintenance. At a minimum, one inspection shall be performed before November 1st of each year.

( 2) Inspect, maintain, and clear storm drainage lines and inlet/ catch basins as necessary and at least twice per year.

( 3) Work with the Army Corps of Engineers, as necessary, to improve the storm water quality features of flood control structures and the HNL separate storm sewer system.

( 4) Report on inspections and maintenance under this section in each End of Year Report. Provide the name and contract period for the separate storm sewer system maintenance contractor. PART C PERMIT NO. HI 0021440 PAGE 11 PERMIT ISSUED July 10, 2001 iv. Tenant Activity Information ( 1) Identify and maintain a database of all tenants and their Standard Industrial Classification ( SIC) Codes. This database shall be updated as tenants or activities change.

( 2) Provide DOH with a mailing list, with applicable SIC Codes and location addresses or Property Identification Numbers, of all HNL tenants conducting industrial activity( ies), as defined in 40 CFR § 122.26( b)( 14)( i) through 122.26( b)( 14)( ix) and 122.26( b)( 14)( xi) and having discharges composed entirely of storm water. This mailing list shall be submitted within 30 days after issuance of this permit.

( 3) Identify, maintain, and provide a list of Best Management Practices ( BMPs) to all HNL tenants conducting industrial activities ( especially commercial tenants such as car rental agencies) and having discharges composed entirely of storm water for their implementation within 30 days after issuance of this permit. The BMPs shall include appropriate BMPs listed in Sector S of the Final Reissuance of NPDES Storm Water Multi Sector General Permit for Industrial Activities ( Federal Register, Vol. 65, No. 210 dated October 30, 2000, pages 64800 64877).

( 4) Conduct an annual environmental survey of the activities and storage of materials at all industrial facilities.

( 5) Conduct an annual inspection of all HNL facilities and tenants not meeting the definition of industrial activities under 40 CFR § 122.26( b)( 14) ( especially commercial tenants such as car rental agencies) with connection( s) to the HNL separate storm sewer system. During the inspection, review the SWMP with emphasis on the facility's implementation of the SWMP and BMPs. HNL shall take appropriate action to address non compliance by tenants through enforcement action.

( 6) At least once during the term of this permit, conduct an inspection of each HNL tenant meeting the definition of industrial activities under 40 CFR § 122.26( b)( 14) and privately owned facilities which discharge into the HNL separate storm sewer system. During the inspection, review the facility's SWPCP with emphasis on the facility's implementation of the SWPCP and BMPs. HNL shall take appropriate action to address noncompliance by tenants through enforcement action.

( 7) Require placement of drip pans or absorbent material under equipment, as required, in order to limit leakage and spills to street surfaces. PART C PERMIT NO. HI 0021440 PAGE 12 PERMIT ISSUED July 10, 2001 ( 8) At the end of each permit year ( using the annual environmental survey which is completed by each of the industrial facilities), the list of tenants and activities shall be reviewed and evaluated for possible additions or changes in the monitoring points.

( 9) Include an updated tenant list, SIC list, and issued connection permit list, as well as the survey/ inspection results and any noncompliance documentation, in this section of the End of Year Report.

v. Pesticides, Herbicides, and Fertilizers Program ( 1) The Permittee shall continue to implement BMPs designed to reduce storm water pollution from lands immediately adjacent to public roads. At a minimum, these BMPs shall: ( a) Address how to reduce the application of pesticides and fertilizers on roadside vegetation, and methods to reduce soil erosion; ( b) List good housekeeping measures and other BMPs to limit spills and runoff from pesticide application; ( c) Implement a public information program for those who work at HNL to educate them on the selection and purchase of least polluting pesticides and fertilizers, proper pesticide application, and practices to reduce the need for pesticide and fertilizer application.

( 2) The Permittee shall continue to evaluate the extent and magnitude of fertilizer and pesticide runoff, including golf courses, into the HNL separate storm sewer system, especially those parts of the system that discharge to the Mamala Bay and Keehi Lagoon. If significant sources are identified, the Permittee shall develop and implement control measures for these sources.

( 3) The evaluation of these BMPs shall be reported in this section of the End of Year Report.

vi. Construction Storm Water Pollution Controls Program ( 1) As necessary, assess the need for the construction of permanent detention/ retention structures in large development areas on a case by case basis.

( 2) The Permittee shall continue to review site plans for large new developments areas that are especially sensitive to the effects of new construction or areas on steep slopes. In accordance with the FY2000 Annual Report, the goal is to ensure that new developments meet the Federal and State regulations, NPDES permit, as well as BMPs, building and landscape design criteria. Procedures for site inspections by the PART C PERMIT NO. HI 0021440 PAGE 13 PERMIT ISSUED July 10, 2001 Permittee shall be developed and implemented within 90 days after issuance of this permit.

( 3) The Permittee shall review Environmental Assessments ( EAs) and Environmental Impact Statements ( EISs) prepared for new developments or areas of significant redevelopment in the HNL or its vicinity to ensure that storm water pollution reduction measures are included in the development or redevelopment. As necessary, develop and implement criteria to guide the construction of storm water detention/ retention structures or other structural facilities designed to limit storm water pollution.

( 4) The Permittee shall continue to develop and implement BMPs to reduce storm water pollution caused by any construction activities within the HNL.

( 5) The Permittee shall develop and implement procedures for the receipt and consideration of public inquiries, concerns, and information submitted regarding local construction activities within 90 days after issuance of this permit.

( 6) Provide a list of construction plans reviewed and construction site investigations, report assessments of the need for permanent detention/ retention structures, the status of the development and implementation of review criteria, and road construction BMPs in this section of the End of Year Report.

vii. Facility Maintenance Program ( 1) Sweep runways/ taxiways, major streets, and streets in the industrial and commercial areas as specified in the SWMP or at least twice per month. Indicate how and where the sweepings are disposed.

( 2) Perform regularly scheduled road inspections and repairs as specified in the SWMP.

( 3) Perform regularly scheduled litter pickup as specified in the SWMP.

( 4) Develop and implement BMPs for the HNL vehicle baseyards within 30 days after issuance of this permit.

( 5) Report on activities and specific BMPs utilized by the Permittee and its tenants not meeting the definition of industrial activities under 40 CFR § 122.26( b)( 14) under this section of the End of Year Report. PART C PERMIT NO. HI 0021440 PAGE 14 PERMIT ISSUED July 10, 2001 viii. Illicit Discharge Prevention Program ( 1) Require a permit or approval for connection to the HNL separate storm sewer system. Maintain a database of all approved connections to the storm sewer system.

( 2) Throughout the year, investigate illicit discharges and require remediation and/ or removal of the discharge.

( 3) Distribute brochures and guidances regarding public reporting of illicit discharges and recycling programs for commonly dumped wastes ( i. e., motor oil, antifreeze, and pesticides) on an annual basis within 30 days after issuance of this permit.

( 4) Report permits/ approvals issued for connection to the HNL separate storm sewer system, denials of requests for connection, and illicit discharges cited and removed throughout the year in this section of the End of Year Report. This report shall include the number of outfalls screened, any complaints received and corrected, and the number and location of dye or smoke tests conducted.

ix. Hydrocarbon Removal and Remediation Plan The Permittee shall continue to monitor the depth of the fuel plume and shall notify the Department of Health at least 180 days before any construction which requires remediation of the contaminated soil or construction dewatering activities. The Department of Health reserves the right to include treatment protocols for these activities when they occur. Modification of the permit to include these treatment protocols shall be considered a minor modification for the purposes of 40 CFR Part 124.

x. Spill Prevention and Response Program ( 1) The Permittee shall continue to assess the potential for hazardous and other deleterious material spills into the storm sewer system. Based on this assessment, the Permittee shall identify industries, activities, or areas that need to be targeted for spill prevention education. The Permittee shall work with the Air Rescue and Firefighting ( ARFF) Crew and other emergency response teams to provide such education.

( 2) The Permittee shall continue to implement procedures for information sharing between the Permittee, the ARFF Crew and other emergency response teams. The Permittee shall monitor and track all spills to the storm sewer system, with the purpose of identifying problematic ( i. e., reoccurring) areas or activities. PART C PERMIT NO. HI 0021440 PAGE 15 PERMIT ISSUED July 10, 2001 ( 3) The assessment, identifications, procedures, and spill reports shall be included in this section of the End of Year Report.

xi. Public Education Program ( 1) The Permittee shall continue to implement an annual education program for those who work at HNL including employees, all tenants and others. The education program will include the following components: ( a) Publicizing the telephone numbers for HNL personnel, tenants, etc. to use to report illegal discharges to the HNL separate storm sewer system. ( b) Explanations and information on methods to reduce storm water runoff pollution caused by commercial pesticide and fertilizer application. ( c) A hazardous waste information and awareness program to promote awareness of proper disposal and handling of " household type" hazardous waste ( i. e., used oil and toxics) within HNL. ( d) Training HNL employees and tenants not meeting the definition of industrial activities under 40 CFR § 122.26( b)( 14) on pollution prevention BMPs in the SWMP. ( e) Forming partnerships with all HNL tenants and the general public to fulfill the requirements of this program. ( f) Distributing brochures or fact sheets and alternative information sources ( i. e., website, posters, magnets, stickers, etc.). ( g) Participating in storm drain stenciling programs, community cleanups citizen watch groups, and " Adopt A Storm Drain" programs. ( h) Incorporating public meetings/ citizen panels to discuss storm water management policies.

( 2) Report on the status of the education program and activities for the past fiscal year and the public education program for the coming fiscal year in this section of the End of Year Report. Include status of reaching appropriate measurable goals ( i. e., brochures, storm water hotline, website, storm drain stenciling, economic incentives, percentage of industries reducing pollutants to storm sewer system, etc.).

2. MODIFICATIONS All modifications, concerns, or requests shall be addressed to the Director of Health's and/ or Regional Administrator's respective satisfaction. PART C PERMIT NO. HI 0021440 PAGE 16 1 Fiscal year, as used in this Permit, refers to the fiscal year of the State of Hawaii, July 1 to June 30.

PERMIT ISSUED July 10, 2001 a. SWMP Modifications The storm water pollution control activities and compliance dates described in the SWMP may need to be modified, revised, or amended from time to time over the life of the permit to respond to changed conditions and to incorporate more effective approaches to pollutant control. Minor changes may be proposed by the Permittee or requested by the Director of Health or the EPA. Proposed changes that imply a major reduction in the overall scope and/ or level of effort of the SWMP must be made for cause and in compliance with 40 CFR § 122.62 and Part 124. The Permittee shall report any significant changes to the SWMP to the Director within 30 days of when such changes arise.

b. System Modifications System modifications include any planned physical alterations or additions to the permitted storm sewer system, any changes to the quality and quantity of discharge, any existing outfalls newly identified over the term of this permit, and any new drainage system or additions to the existing system that will discharge into a " Class 2, Inland Water" or " Class A, Marine Water," as defined in HAR, Chapter 11 54.

Compliance Dates for Part C. 2. a. and C. 2. b.: All alterations and/ or additions to the SWMP or HNL separate storm sewer system shall be documented in the End of Year Report. Major alterations and/ or additions shall be identified by letter within thirty ( 30) days of the alteration or addition. New storm sewer systems or additions to the existing storm sewer system shall be reported to the Director of Health for approval before any discharges occur.

3. REPORTING a. End of Year Report The Permittee shall submit a detailed evaluation of all storm water control measures implemented during the past fiscal year1. The End of Year Report shall include, but need not be limited to, the following components:

i. Highlights of significant achievements; ii. A discussion addressing areas of concern; iii. Any proposed changes, modifications, or revisions to SWMP activities, with a rationale for such changes and a schedule for their implementation; iv. The status and effectiveness of all control measures implemented during the fiscal year under the following programs: PART C PERMIT NO. HI 0021440 PAGE 17 PERMIT ISSUED July 10, 2001 ( 1) HNL Separate Storm Sewer System Maintenance Program ( 2) Tenant Activity Information ( 3) Pesticides, Herbicides, and Fertilizers Program ( 4) Construction Storm Water Pollution Controls Program ( 5) Facility Maintenance Program ( 6) Illicit Discharge Prevention Program ( 7) Hydrocarbon Removal and Remediation Plan ( 8) Spill Prevention and Response Program ( 9) Public Education Program v. Annual Monitoring Report which shall, at a minimum, include the following items: ( 1) Written narrative of the past year's activities, including a description of objectives, activities, and coordination with other agencies; ( 2) A summary and analysis of monitoring data, submitted on the Discharge Monitoring Report ( DMR) Form( s); ( 3) An explanation of the pollutant origin, as applicable; ( 4) A narrative evaluation addressing the need, if any, for additional or different monitoring points; ( 5) A monitoring plan to be implemented over the coming fiscal year. The plan shall, at a minimum, include the items listed in Part C. 1. b. ii. ( 6) Report on any allowable emergency non storm water discharges for the year; ( 7) Data gathered on levels of pollutants in non storm water discharges to the separate storm sewer system; and ( 8) Using rainfall data collected by the Permittee, the Permittee shall relate rainfall events, measured pollutant loads, and discharge volumes from the separate storm sewer system. vi. A summary and analysis of the number and nature of corrective and enforcement actions and inspections; vii. Identification of water quality improvements or degradation; and viii. Annual expenditures for the past fiscal year and a proposed budget for the coming fiscal year for each program or plan required in Part C. 1. of this permit.

Compliance Dates for Part C. 3. a.: The first End of Year report shall be due on August 31, 2002 and annually from that date thereafter. PART C PERMIT NO. HI 0021440 PAGE 18 PERMIT ISSUED July 10, 2001 b. Reporting of Noncompliance i. The permittee or its duly authorized representative shall orally report any of the following:

( 1) Violation of an effluent limitation specified in Part C. 1. b. ii. of this permit or a basic water quality criterion specified in Part B of this permit; or ( 2) Discharge or noncompliance with effluent limitations which may endanger health or the environment,

when the permittee or its duly authorized representative becomes aware of the circumstances.

ii. Oral reports shall be made by telephone to the Clean Water Branch at ( 808) 586 4309 during regular office hours or the Hawaii State Hospital Operator at ( 808) 247 2191 outside of regular office hours.

iii. A written report shall be provided within five days of the time the permittee or its duly authorized representative becomes aware of the circumstances. The written report shall include:

( 1) A description of the noncompliance and its cause;

( 2) The period of noncompliance including exact dates and times;

( 3) If the noncompliance has not been corrected, the anticipated time it is expected to continue; and ( 4) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

iv. The director may waive the written report on a case by case basis if the oral report has been received within twenty four hours. PART C PERMIT NO. HI 0021440 PAGE 19 PERMIT ISSUED July 10, 2001 4. SUBMITTALS a. Submit all information in accordance with HAR, Section 11 55 07( b) with the following certification statement and Director of Transportation's signature:

" I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment for knowing violations."

b. Duplicate signed copies of monitoring and all other reports required by this permit shall be submitted to the EPA Regional Administrator and the Director of Health at the following addresses:

i. Regional Administrator U. S. Environmental Protection Agency, Region 9 Attention: WTR 7, NPDES/ DMR 75 Hawthorne Street San Francisco, CA 94105 3901 ii. Director of Health State of Hawaii Department of Health Environmental Management Division Clean Water Branch 919 Ala Moana Boulevard, Room 301 Honolulu, HI 96814 4920 PART D PERMIT NO. HI 0021440 PAGE 20 PERMIT ISSUED July 10, 2001 DCTM_ ARP. wpd PART D. LOCATION MAP See attached figure.