[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86600-86603]
[FR Doc No: 2020-28808]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90780; File No. SR-NASDAQ-2020-091]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Extend the Effective Date of the Temporary Amendments Concerning
Exchange Rule 1.1210 From December 31, 2020, to April 30, 2021

December 22, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 17, 2020, The Nasdaq Stock Market LLC
(``Nasdaq'' or ``Exchange'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the effective date of the temporary
amendments set forth in SR-NASDAQ-2020-073 from December 31, 2020, to
April 30, 2021. Due to the impacts of COVID-19 on the administration of
the Financial Industry Regulatory Authority, Inc. (``FINRA'')
qualification examinations at test centers, SR-NASDAQ-2020-073 extended
the 120-day period that certain individuals can function as a principal
without having successfully passed an appropriate qualification
examination through December 31, 2020.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to extend the effective date of the temporary
amendments set forth in SR-NASDAQ-2020-073 from December 31, 2020, to
April 30, 2021. The proposed rule change would extend the 120-day
period that certain individuals can function as a principal without
having successfully passed an appropriate qualification examination
through April 30, 2021,\3\ and would apply only to those individuals
who were designated to function as a principal prior to January 1,
2021. This proposed rule change is based on filings recently submitted
by FINRA \4\ and is intended to harmonize the Exchange's registration
rules with those of FINRA so as to promote uniform standards across the
securities industry.
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    \3\ If the Exchange seeks to provide additional temporary relief
from the rule requirements identified in this proposed rule change
beyond April 30, 2021, the Exchange will submit a separate rule
filing to further extend the temporary extension of time.
    \4\ See Exchange Act Release No. 89732 (September 1, 2020), 85
FR 55535 (September 8, 2020) (SR-FINRA-2020-026) and Exchange Act
Release No. 90617 (December 9, 2020), 85 FR 81258 (December 15,
2020) (SR-FINRA-2020-043) (collectively, the ``FINRA Filings''). The
Exchange notes that the FINRA Filings also provide temporary relief
to individuals registered with FINRA as Operations Professionals
under FINRA Rule 1220. The Exchange does not have a registration
category for Operations Professionals and therefore, the Exchange is
not proposing to adopt that aspect of the FINRA Filings.
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    In response to COVID-19, earlier this year FINRA began providing
temporary relief by way of frequently asked questions (``FAQs'') \5\ to
address disruptions to the administration of

FINRA qualification examinations caused by the pandemic that have
significantly limited the ability of individuals to sit for
examinations due to Prometric test center capacity issues.\6\
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    \5\ See https://www.finra.org/rules-guidance/key-topics/covid-19/faq#qe.
    \6\ At the outset of the COVID-19 pandemic, all FINRA
qualification examinations were administered at test centers
operated by Prometric. Based on the health and welfare concerns
resulting from COVID-19, in March Prometric closed all of its test
centers in the United States and Canada and began to slowly reopen
some of them at limited capacity in May. At this time, not all of
these Prometric test centers have reopened at full capacity.
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    FINRA published the first FAQ on March 20, 2020, providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 \7\ prior to February 2, 2020, would be given until May
31, 2020, to pass the appropriate principal qualification
examination.\8\ On May 19, 2020, FINRA extended the relief to pass the
appropriate examination until June 30, 2020. On June 29, 2020, FINRA
again extended the temporary relief providing that individuals who were
designated to function as principals under FINRA Rule 1210.04 prior to
May 4, 2020, would be given until August 31, 2020, to pass the
appropriate principal qualification examination.
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    \7\ Exchange Rule 1.1210.04 is the corresponding rule to FINRA
Rule 1210.04.
    \8\ FINRA Rule 1210.04 (Requirements for Registered Persons
Functioning as Principals for a Limited Period) allows a member firm
to designate certain individuals to function in a principal capacity
for 120 calendar days before having to pass an appropriate principal
qualification examination. Exchange Rule 1.1210.04 provides the same
allowance to members.
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    On October 29, 2020, the Exchange filed with the Commission a
proposed rule change for immediate effectiveness to adopt temporary
Supplementary Material .13 (Temporary Extension of the Limited Period
for Registered Persons to Function as Principals) under Exchange Rule
1.1210 of General 4 (Registration Requirements).\9\ Pursuant to this
rule filing, individuals who were designated prior to September 3,
2020, to function as a principal under Exchange Rule 1.1210.04 have
until December 31, 2020, to pass the appropriate qualification
examination.
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    \9\ See Exchange Act Release No. 90359 (November 5, 2020), 85 FR
71979 (November 12, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-NASDAQ-2020-073).
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    The COVID-19 conditions necessitating the extension of relief
provided in SR-NASDAQ-2020-073 persist and in fact appear to be
worsening.\10\ One of the impacts of COVID-19 continues to be serious
interruptions in the administration of FINRA qualification examinations
at Prometric test centers and the limited ability of individuals to sit
for the examinations.\11\ Although Prometric has been reopening its
test centers, Prometric's safety practices mean that currently not all
test centers are open, some of the open test centers are at limited
capacity, and some open test centers are delivering only certain
examinations that have been deemed essential by the local
government.\12\ Furthermore, Prometric has had to close some reopened
test centers due to incidents of COVID-19 cases. The initial nationwide
closure in March along with the inability to fully reopen all Prometric
test centers due to COVID-19 have led to a significant backlog of
individuals who are waiting to sit for FINRA examinations that are not
available online.\13\
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    \10\ See, e.g., Meryl Kornfield, Jacqueline Dupree, Marisa Iati,
Paulina Villegas, Siobhan O'Grady and Hamza Shaban, New daily
coronavirus cases in U.S. rise to 145,000, latest all-time high,
Wash. Post, November 11, 2020, https://www.washingtonpost.com/nation/2020/11/11/coronavirus-covid-live-updates-us/.
    \11\ Information about the continued impact of COVID-19 on
FINRA-administered examinations is available at https://www.finra.org/rules-guidance/key-topics/covid-19/exams.
    \12\ Information from Prometric about its safety practices and
the impact of COVID-19 on its operations is available at https://www.prometric.com/corona-virus-update. See also supra note 11.
    \13\ Earlier this year, an online test delivery service was
launched for candidates seeking to take qualification examinations
remotely. Only certain qualification examinations are available
online. See supra note 11. FINRA is considering making additional
qualification examinations available remotely on a limited basis.
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    In addition, firms are continuing to experience operational
challenges with much of their personnel working from home due to
shelter-in-place orders, restrictions on businesses and social activity
imposed in various states, and adherence to other social distancing
guidelines consistent with the recommendations of public health
officials.\14\ As a result, firms continue to face potentially
significant disruptions to their normal business operations that may
include a limitation of in-person activities and staff absenteeism as a
result of the health and welfare concerns stemming from COVID-19. Such
potential disruptions may be further exacerbated, and may even affect
client services, if firms cannot continue to keep principal positions
filled, as they may have difficulty finding other qualified individuals
to transition into these roles or may need to reallocate employee time
and resources away from other critical responsibilities at the firm.
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    \14\ See, e.g., Centers for Disease Control and Prevention, How
to Protect Yourself & Others, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.
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    These ongoing, extenuating circumstances make it impracticable for
members to ensure that the individuals whom they have designated to
function in a principal capacity, as set forth in Exchange Rule
1.1210.04, are able to successfully sit for and pass an appropriate
qualification examination within the 120-calendar day period required
under the rule, or to find other qualified staff to fill this position.
The ongoing circumstances also require individuals to be exposed to the
health risks associated with taking an in-person examination, because
the General Securities Principal examination is not available online.
Therefore, the Exchange is proposing to extend the effective date of
the temporary relief provided through SR-NASDAQ-2020-073 until April
30, 2021. The proposed rule change would apply only to those
individuals who were designated to function as a principal prior to
January 1, 2021. Any individuals designated to function as a principal
on or after January 1, 2021, would need to successfully pass an
appropriate qualification examination within 120 days.
    The Exchange believes that this proposed continued extension of
time is tailored to address the needs and constraints on a member's
operations during the COVID-19 pandemic, without significantly
compromising critical investor protection. The proposed extension of
time will help to minimize the impact of COVID-19 on members by
providing continued flexibility so that members can ensure that
principal positions remain filled. The potential risks from the
proposed extension of the 120-day period are mitigated by the member's
continued requirement to supervise the activities of these designated
individuals and ensure compliance with federal securities laws and
regulations, as well as Exchange rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\15\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\16\ in particular, because it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of, a
free and open market and a national market system and, in

general, to protect investors and the public interest.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is intended to minimize the impact of
COVID-19 on member operations by further extending the 120-day period
certain individuals may function as a principal without having
successfully passed an appropriate qualification examination under
Exchange Rule 1.1210.04 until April 30, 2021. The proposed rule change
does not relieve members from maintaining, under the circumstances, a
reasonably designed system to supervise the activities of their
associated persons to achieve compliance with applicable securities
laws and regulations, and with applicable Exchange rules that directly
serve investor protection. In a time when faced with unique challenges
resulting from the COVID-19 pandemic, the Exchange believes that the
proposed rule change is a sensible accommodation that will continue to
afford members the ability to ensure that critical positions are filled
and client services maintained, while continuing to serve and promote
the protection of investors and the public interest in this unique
environment.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. As set forth in SR-NASDAQ-
2020-073, the proposed rule change is intended to provide temporary
relief given the impacts of the COVID-19 pandemic crisis and to also
maintain consistency with the rules of other self-regulatory
organizations (``SROs'') with respect to the registration requirements
applicable to members and their registered personnel. In that regard,
the Exchange believes that any burden on competition would be clearly
outweighed by providing members with temporary relief in this unique
environment while also ensuring clear and consistent requirements
applicable across SROs and mitigating any risk of SROs implementing
different standards in these important areas. In its filing, FINRA
provides an abbreviated economic impact assessment maintaining that the
changes are necessary to temporarily rebalance the attendant benefits
and costs of the obligations under FINRA Rule 1210 in response to the
impacts of the COVID-19 pandemic that is equally applicable to the
changes the Exchange proposes.\17\ The Exchange accordingly
incorporates FINRA's abbreviated economic impact assessment by
reference.
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    \17\ See supra note 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. As noted
above, the Exchange stated that the proposed extension of time will
help minimize the impact of the COVID-19 outbreak on members'
operations by allowing them to keep principal positions filled and
minimizing disruptions to client services and other critical
responsibilities. The Exchange further stated that the ongoing
extenuating circumstances of the COVID-19 pandemic make it impractical
to ensure that individuals designated to act in these capacities are
able to take and pass the appropriate qualification examination during
the 120-calendar day period required under the rules. The Exchange also
explained that shelter-in-place orders, quarantining, restrictions on
business and social activity and adherence to social distancing
guidelines consistent with the recommendations of public officials
remain in place in various states.\20\ In addition, the Exchange
observed that, following a nationwide closure of all test centers
earlier in the year, some test centers have re-opened, but are
operating at limited capacity or are only delivering certain
examinations that have been deemed essential by the local
government.\21\ Although, as the Exchange noted, FINRA has launched an
online test delivery service to help address this backlog, the General
Securities Principal (Series 24) Examination is not available
online.\22\ Nevertheless, the Exchange explained that the proposed rule
change will provide needed flexibility to ensure that these positions
remain filled and is tailored to address the constraints on members'
operations during the COVID-19 pandemic without significantly
compromising critical investor protection.\23\
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    \20\ See supra note 14.
    \21\ See supra notes 11 and 12. The Exchange states that
Prometric has also had to close some reopened test centers due to
incidents of COVID-19 cases.
    \22\ See supra note 13. FINRA is considering making additional
qualification examinations available remotely on a limited basis.
    \23\ The Exchange states that members remain subject to the
continued requirement to supervise the activities of these
designated individuals and ensure compliance with federal securities
laws and regulations, as well as Nasdaq rules.
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    The Commission observes that the Exchange's proposal, like the
FINRA Filings on which it is based,\24\ provides only an extension to
temporary relief from the requirement to pass certain qualification
examinations within the 120-day period in the rules. As proposed, this
relief would extend the 120-day period that certain individuals can
function as principals through April 30, 2021. If a further extension
of temporary relief from the rule requirements identified in this
proposal beyond April 30, 2021 is required, the Exchange noted that it
may submit a separate rule filing to extend the effectiveness of the
temporary relief under these rules.\25\ For these reasons, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public
interest.\26\ Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\27\
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    \24\ See supra note 4.
    \25\ See supra note 3.
    \26\ As noted above by Nasdaq, this proposal is an extension of
temporary relief provided in a prior filing where Nasdaq also
requested and the Commission granted a waiver of the 30-day
operative delay. See supra note 9, 85 FR at 71981-82.
    \27\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).

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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2020-091 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2020-091. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of Nasdaq. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2020-091 and should be submitted
on or before January 21, 2021.
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    \28\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2020-28808 Filed 12-29-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50423-50424]
[FR Doc No: 2021-19360]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2021-0802]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Training and
Qualification Requirements for Check Airmen and Flight Instructors

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves the reporting requirements to
ensure the check pilots and instructors are adequately trained and
checked/evaluated to ensure they are capable and competent to perform
the duties and responsibilities required by the air carrier to meet the
regulations. Experienced pilots who would otherwise qualify as flight
instructors or check airmen, but who may not medically eligible to hold
the requisite medical certificate are mandated to keep records that may
be inspected by the FAA to certify eligibility to perform flight
instructor or check airmen functions.

DATES: Written comments should be submitted by November 8, 2021.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Sheri A. Martin, Federal Aviation Administration, Safety
Standards, AFS-200 Division, 777 S Aviation Blvd., Suite 150, El
Segundo, CA 90245.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kevin M. Donohue by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0600.
    Title: Training and Qualification Requirements for Check Airmen and
Flight Instructors.
    Form Numbers: There are no forms associated with this collection of
information.
    Type of Review: Renewal of an information collection.
    Background: Federal Aviation Regulations (FAR) parts 121.411(d),
121.412(d), 135.337(d), and 135.338(d) require the collection of this
data. This collection is necessary to insure that instructors and check
airmen have completed necessary training and checking required to
perform instructor and check airmen functions.
    Respondents: There are approximately 15,925 check airmen and flight
instructors.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 15 seconds.
    Estimated Total Annual Burden: 66 hours.

    Issued in Washington, DC, on September 2, 2021.
Sheri Martin,
Management and Program Analyst, FAA, Safety Standards, AFS-200
Division.
[FR Doc. 2021-19360 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7058-7059]
[FR Doc No: 2018-03231]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-6928]

Pediatric Advisory Committee; Establishment of a Public Docket;
Request for Comments; Amendment of Notice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
amendment to the notice of meeting of the Pediatric Advisory Committee
(PAC). This meeting was announced in the Federal Register of January 2,
2018. The amendment is being made to reflect a change in the Center for
Devices and Radiological Health (CDRH) products portion of the document
and to include the topics that will be discussed during the meeting.
There are no other changes.

FOR FURTHER INFORMATION CONTACT: Marieann Brill, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 5154, Silver Spring, MD 20993,<PHONE_NUMBER>,
[email protected], or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). Please call
the Information Line for up-to-date information on this meeting.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 2, 2018
(83 FR 125), FDA announced that a meeting

of the Pediatric Advisory Committee would be held on March 23, 2018.
    FDA will provide updates on the following topics without vote by
the committee:
     Update regarding labeling change for inhaled
corticosteroid long-acting [beta]-2 agonists (ICS/LABAs);
     Safety labeling for gadolinium products;
     Overview of the FDA Adverse Event Reporting System (FAERS)
and reports on reduced or lack of efficacy for certain generic drugs;
and
     Generic drug approval process; and discussion on the
differences in the approval process for brand name drugs versus generic
drugs; exceptions.
    On page 126, in the third column, the CDRH products portion of the
document is changed to read as follows:
    The PAC will meet to discuss the following products (listed by FDA
Center):

(2) Center for Devices and Radiological Health
    a. MEDTRONIC ACTIVA DYSTONIA THERAPY (Humanitarian Device Exemption
(HDE))
    b. LIPOSORBER LA-15 SYSTEM (HDE)

CDRH will update the committee on the regulatory status of a previously
reviewed HDE.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to the advisory committees.

    Dated: February 12, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03231 Filed 2-15-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60626-60627]
[FR Doc No: 2012-24382]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0151; FRL-9735-5]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; The 2002 Base Year Emissions Inventory for the Washington DC-
MD-VA Nonattainment Area for the 1997 Fine Particulate Matter National
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
Virginia State Implementation Plan (SIP) revision submitted by the
Commonwealth of Virginia, through the Virginia Department of
Environmental Quality (VDEQ), on April 4, 2008. The emissions inventory
is part of the April 4, 2008 SIP revision that was submitted to meet
nonattainment requirements related to Virginia's portion of the
Washington DC-MD-VA nonattainment area (hereafter referred to as
Virginia Area or Area) for the 1997 PM2.5 National Ambient
Air Quality Standard (NAAQS) SIP. EPA is approving the 2002 base year
PM2.5 emissions inventory in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on November 5, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0151. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Virginia Department of Environmental
Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 31, 2012 (77 FR 45304), EPA published a
notice of proposed rulemaking (NPR) for the Commonwealth of Virginia.
The NPR proposed approval of the 2002 base year emissions inventory
portion of the Virginia SIP revision. The formal SIP revision was
submitted by the Commonwealth of Virginia on April 4, 2008.

II. Summary of SIP Revision

    The 2002 base year emissions inventory submitted by VDEQ on April
4, 2008 includes emissions estimates that cover the general source
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse particles (PM10),
ammonia (NH3), and sulfur dioxide (SO2). EPA has
reviewed the results, procedures and methodologies for the base year
emissions inventory submitted by VDEQ. The year 2002 was selected by
VDEQ as the base year for the emissions inventory per 40 CFR
51.1008(b). A discussion of the emissions inventory development as well
as the emissions inventory can be found in Appendix B of the April 4,
2008 SIP submittal and in the NPR. Specific requirements of the base
year inventory and the rationale for EPA's action are explained in the
NPR and will not be restated here. No public comments were received on
the NPR.

III. Final Action

    EPA is approving the 2002 base year PM2.5 emissions
inventory as a revision to the Virginia SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 3, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to the PM2.5 2002 base year
emissions inventory portion of the Virginia SIP may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.

    Dated: September 13, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

     Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by adding at
the end of the table an entry for ``2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard'' to
read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP      Applicable geographic       State                               Additional
             revision                        area          submittal date    EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2002 Base Year Emissions Inventory  Virginia portion of            4/4/08  10/4/12 [Insert page             Sec.
 for the 1997 fine particulate       the Washington DC-MD-                  number where the          52.2425(f)
 matter (PM2.5) standard.            VA 1997 PM2.5                          document begins].
                                     nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  52.2425, paragraph (f) is added to read as follows:

Sec.  52.2425  Base Year Emissions Inventory.

* * * * *
    (f) EPA approves as a revision to the Virginia State Implementation
Plan the 2002 base year emissions inventory for the Virginia portion of
the Washington DC-MD-VA 1997 fine particulate matter (PM2.5)
nonattainment area submitted by the Virginia Department of
Environmental Quality on April 4, 2008. The 2002 base year emissions
inventory includes emissions estimates that cover the general source
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse particles (PM10),
ammonia (NH3), and sulfur dioxide (SO2).

[FR Doc. 2012-24382 Filed 10-3-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46964-46968]
[FR Doc No: 2012-19139]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-2012-0471; FRL-9701-7]

Oklahoma: Incorporation by Reference of Approved State Hazardous
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Oklahoma's hazardous waste
management program and incorporates by reference authorized provisions
of the State's statutes and regulations.

DATES: This regulation is effective October 9, 2012, unless the EPA
receives adverse written comment on this regulation by the close of
business September 6, 2012. If the EPA receives such comments, it will
publish a timely withdrawal of this direct final rule in the Federal
Register informing the public that this rule will not take effect.

The Director of the Federal Register approves this incorporation by
reference as of October 9, 2012 in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>or<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2012-0471. EPA's policy is that all comments received will be included
in the public docket without change, including personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The Federal http://www.regulations.gov
Web site is an ``anonymous access'' system, which means the EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an email comment directly to the
EPA without going through http://www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties, and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
    You can view and copy the documents that form the basis for this
codification and associated publicly available materials from 8:30 a.m.
to 4:00 p.m. Monday through Friday at the following location: EPA
Region 6, 1445 Ross Avenue, Dallas, Texas, 75202-2733, phone number
(214) 665-8533 or<PHONE_NUMBER>. Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator or Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, phone numbers:<PHONE_NUMBER> or<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. What is the history of the authorization and codification of
Oklahoma's hazardous waste management program?

    Oklahoma initially received Final authorization effective January
10, 1985, (49 FR 50362) to implement its Base Hazardous Waste
Management program. Subsequently, the EPA approved additional program
revision applications effective on June 18, 1990 (55 FR 14280),
November 27, 1990 (55 FR 39274), June 3, 1991 (56 FR 13411), November
19, 1991 (56 FR 47675), November 29, 1993 (58 FR 50854), December 21,
1994 (59 FR 51116), April 27, 1995 (60 FR 2699), March 14, 1997 (62 FR
12100), July 14, 1998 (63 FR 23673), November 23, 1998 (63 FR 50528),
February 8, 1999 (63 FR 67800), March 30, 2000 (65 FR 16528), July 10,
2000 (65 FR 29981) March 5, 2001 (66 FR 28), June 9, 2003 (68 FR
17308), April 6, 2009 (74 FR 5994), May 6, 2011 (76 FR 18927), and May
14, 2012 (77 FR 15273). The EPA first incorporated by reference
Oklahoma's hazardous waste program effective December 13, 1993 (58 FR
52679), and updated the incorporation by reference effective July 14,
1998 (63 FR 23673), October 25, 1999 (64 FR 46567), October 27, 2003
(68 FR 51488), August 27, 2010 (75 FR 36546), and July 16, 2012 (77 FR
29231). In this document, the EPA is revising Subpart LL of 40 CFR part
272 to include the recent authorization revision actions effective May
6, 2011 (76 FR 18927) and May 14, 2012 (77 FR 15273).

C. What codification decisions have we made in this rule?

    The purpose of this Federal Register document is to codify
Oklahoma's base hazardous waste management program and its revisions
through RCRA Cluster XX. The EPA provided notices and opportunity for
comments on the Agency's decisions to authorize the Oklahoma program,
and the EPA is not now reopening the decisions, nor requesting
comments, on the Oklahoma authorizations as published in the Federal
Register notices specified in Section B of this document.
    This document incorporates by reference Oklahoma's hazardous waste
statutes and regulations and clarifies which of these provisions are
included in the authorized and Federally enforceable program. By
codifying Oklahoma's authorized program and by amending the Code of
Federal Regulations, the public will be more easily able to discern the
status of Federally approved requirements of the Oklahoma hazardous
waste management program.
    The EPA is incorporating by reference the Oklahoma authorized
hazardous waste program in subpart LL of 40 CFR part 272. Section
272.1851 incorporates by reference Oklahoma's authorized hazardous
waste statutes and regulations. Section 272.1851 also references the
statutory provisions (including procedural and enforcement provisions)
which provide the legal basis for the State's implementation of the
hazardous waste management program, the Memorandum of Agreement, the
Attorney General's Statements and the Program

Description, which are approved as part of the hazardous waste
management program under Subtitle C of RCRA.

D. What is the effect of Oklahoma's codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Oklahoma
procedural and enforcement authorities. Section 272.1851(c)(2) of 40
CFR lists the statutory provisions which provide the legal basis for
the State's implementation of the hazardous waste management program,
as well as those procedural and enforcement authorities that are part
of the State's approved program, but these are not incorporated by
reference.

E. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of Oklahoma's
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which Oklahoma is not authorized, but which
have been incorporated into the State regulations because of the way
the State adopted Federal regulations by reference.
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.1851(c)(3) lists
the Oklahoma regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by the EPA; the State, however, may enforce such provisions
under State law.
    Oklahoma has adopted but is not authorized for the Federal rules
published in the Federal Register on October 5, 1990 (55 FR 40834);
February 1, 1991 (56 FR 3978); February 13, 1991 (56 FR 5910); April 2,
1991 (56 FR 13406); May 1, 1991 (56 FR 19951); December 23, 1991 (56 FR
66365); June 29, 1995 (60 FR 33912), May 26, 1998 (63 FR 28556), June
14, 2005 (70 FR 34538), August 1, 2005 (70 FR 44150); December 19, 2008
(73 FR 77954); and June 15, 2010 (75 FR 33712). Therefore, these
Federal amendments included in Oklahoma's adoption by reference at
252:205-3-2(b) through 252:205-3-2(m) of the Oklahoma Administrative
Code, are not part of the State's authorized program and are not part
of the incorporation by reference addressed by this Federal Register
document.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by the EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.

G. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
rule incorporates by reference Oklahoma's authorized hazardous waste
management regulations and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approved under 40 CFR part 271, and with which
regulated entities must already comply, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4).
    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing authorized State hazardous waste management program
requirements without altering the relationship or the distribution of
power and responsibilities established by RCRA. This action also does
not have Tribal implications within the meaning of Executive Order
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.

    The requirements being codified are the result of Oklahoma's
voluntary participation in the EPA's State program authorization
process under RCRA Subtitle C. Thus, the requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) do not apply. As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

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

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.

    Dated: July 5, 2012.
Samuel Coleman,
Acting Regional Administrator, EPA Region 6.

    For the reasons set forth in the preamble, 40 CFR part 272 is
amended as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Revise Sec.  272.1851 to read as follows:

Sec.  272.1851  Oklahoma State-administered program: Final
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Oklahoma final authorization for the following elements as
submitted to EPA in Oklahoma's base program application for final
authorization which was approved by EPA effective on January 10, 1985.
Subsequent program revision applications were approved effective on
June 18, 1990, November 27, 1990, June 3, 1991, November 19, 1991,
November 29, 1993, December 21, 1994, April 27, 1995, March 14, 1997,
July 14, 1998 and November 23, 1998, February 8, 1999, March 30, 2000,
July 10, 2000, March 5, 2001, June 9, 2003, April 6, 2009, May 6, 2011,
and May 14, 2012.
    (b) The State of Oklahoma has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
    (c) State Statutes and Regulations. (1) The Oklahoma statutes and
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain
copies of the Oklahoma regulations that are incorporated by reference
in this paragraph from the State's Office of Administrative Rules,
Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-3390; Phone
number:<PHONE_NUMBER>; Web site: www.sos.state.ok.us/oar/oar_welcome.htm. The statutes are available from West Publishing Company,
610 Opperman Drive, P.O. Box 64526, St. Paul, Minnesota 55164-0526;
Phone: 1-800-328-4880; Web site: http://west.thomson.com. You may
inspect a copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202
(Phone number<PHONE_NUMBER>), or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Oklahoma Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', May, 2012. Only those provisions that have been authorized
by EPA are incorporated by reference. These provisions are listed in
Appendix A to Part 272.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
    (i) Oklahoma Environmental Crimes Act, as amended through July 1,
2010, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
    (ii) Oklahoma Open Meetings Act, as amended through July 1, 2010,
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
    (iii) Oklahoma Statutes, Title 27A, ``Environment and Natural
Resources'', as amended through July 1, 2010: Chapter 1, ``Oklahoma
Environmental Quality Act'', Sections 1-1-101 et seq.; Chapter 2,
``Oklahoma Environmental Quality Code'', Sections 2-2-101, 2-2-104, 2-
2-201, 2-3-101(F)(1), 2-3-104, 2-3-202, 2-3-501, 2-3-502, 2-3-503, 2-3-
504; ``Oklahoma Hazardous Waste Management Act'', Sections 2-7-102, 2-
7-104, 2-7-105 (except 2-7-105(27), 2-7-105(29) and 2-7-105(34)), 2-7-
106, 2-7-107, 2-7-108(B)(2), 2-7-109, 2-7-110(A), 2-7-111(C)(2)(b) and
(c), 2-7-111(C)(3), 2-7-113.1, 2-7-115, 2-7-116(A), 2-7-116(G), 2-7-
116(H)(1), 2-7-117, 2-7-123, 2-7-126, 2-7-129, 2-7-130, 2-7-131, 2-7-
132, and 2-7-133; ``Oklahoma Uniform Environmental Permitting Act'',
Sections 2-14-101 et seq.
    (iv) Oklahoma Open Records Act, as amended through July 1, 2010, 51

Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
    (v) Oklahoma Administrative Procedures Act, as amended through July
1, 2010, 75 Oklahoma Statutes (O.S.), Sections 250 et seq.
    (vi) The Oklahoma Administrative Code (OAC), Title 252, Chapter
205, Hazardous Waste Management, effective July 1, 2011: Subchapter 1,
Sections 252:205-1-1(b), 252:205-1-3(a) and (b), 252:205-1-4(a)-(d);
Subchapter 3, Sections 252:205-3-2(a) introductory paragraph, 252:205-
3-2(a)(1) and 252:205-3-2(a)(3); Subchapter 11, Section 252:205-11-3.
    (3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
    (i) Oklahoma Hazardous Waste Management Act, as amended, 27A
Oklahoma Statutes (O.S.) as amended through July 1, 2010, Sections 2-7-
119, 2-7-120, 2-7-121, 2-7-121.1 and 2-7-134.
    (ii) The Oklahoma Administrative Code (OAC), Title 252, Chapter
205, effective July 1, 2011: Subchapter 1, Sections 252:205-1-1(c)(2)
and (3), 252:205-1-2 ``RRSIA''. 252:205-1-2 ``Reuse'', 252:205-1-2
``Speculative accumulation'', 252:205-1-2 ``Transfer facility'',
252:205-1-2 ``Transfer station'', 252:205-1-4(e); Subchapter 5, Section
252:205-5-1(4), Subchapter 15; Subchapter 17; Subchapter 21; Subchapter
23; and 252:205 Appendices B, C and D.
    (4) Unauthorized State Amendments. The State's adoption of the
Federal rules listed in the following table is not approved by the EPA
and are; therefore, not enforceable:

------------------------------------------------------------------------
                                     Federal  Register      Publication
       Federal requirement               reference             date
------------------------------------------------------------------------
Toxicity Characteristics;          55 FR 40834..........         10/5/90
 Hydrocarbon Recovery Operations.
                                   56 FR 3978...........          2/1/91
                                   56 FR 13406..........          4/2/91
Toxicity Characteristics;          56 FR 5910...........         2/13/91
 Chlorofluorocarbon Refrigerants.
Administrative Stay for K069       56 FR 19951..........          5/1/91
 Listing.
Amendments to Interim Status       56 FR 66365..........        12/23/91
 Standards for Downgradient
 Ground-water Monitoring Well
 Locations.
Removal of Legally Obsolete Rules  60 FR 33912..........         6/29/95
Mineral Processing Secondary       63 FR 28556..........         5/26/98
 Materials Exclusion.--Amendments
 to 40 CFR.
Methods Innovation: SW-846.......  70 FR 34538..........         6/14/05
                                   70 FR 44150..........          8/1/05
Expansion of RCRA Comparable Fuel  73 FR 77954..........        12/19/08
 Exclusion.
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Oklahoma, signed by the EPA Regional
Administrator on March 11, 2011, is referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921, et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Oklahoma
January 20, 1984 and revisions, supplements, and addenda to that
Statement dated January 14, 1988 (as amended July 20, 1989); December
22, 1988 (as amended June 7, 1989 and August 13, 1990); November 20,
1989; November 16, 1990; November 6, 1992; June 24, 1994; December 8,
1994; March 4, 1996; April 15, 1997; February 6, 1998, December 2,
1998, October 15, 1999, May 31, 2000, October 15, 2001, June 27, 2003,
March 1, 2005, July 12, 2005, July 03, 2006, August 25, 2008, March 26,
2010, October 11, 2010, and October 31, 2011 are referenced as part of
the authorized hazardous waste management program under subtitle C of
RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other
materials submitted as supplements thereto are referenced as part of
the authorized hazardous waste management program under subtitle C of
RCRA, 42 U.S.C. 6921 et seq.
    3. Appendix A to part 272 is amended by revising the listing for
``Oklahoma'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Oklahoma

    The statutory provisions include:
    Oklahoma Hazardous Waste Management Act, as amended, 27A
Oklahoma Statute (O.S.) 2011 Replacement Volume, Sections 2-7-103,
2-7-108(A), 2-7-108(B)(1), 2-7-108(B)(3), 2-7-108(C), 2-7-110(B), 2-
7-110(C), 2-7-111(A), 2-7-111(B), 2-7-111(C)(1), 2-7-111(C)(2)(a),
2-7-111(D), 2-7-111(E), 2-7-112, 2-7-116(B) through 2-7-116(F), 2-7-
116(H)(2), 2-7-118, 2-7-124, 2-7-125, 2-7-127, and 2-10-301(G), as
published by West Publishing Company, 610 Opperman Drive, P.O. Box
64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-328-4880; Web
site: http://west.thomson.com.
    The regulatory provisions include:
    The Oklahoma Administrative Code (OAC), Title 252, Chapter 205,
effective July 1, 2011: Subchapter 1, Sections 252:205-1-1(a),
252:205-1-1(c) introductory paragraph, 252:205-1-1(c)(1), 252:205-1-
2 introductory paragraph, 252:205-1-2 ``OHWMA'', 252:205-1-2 ``Post-
closure permit'', 252:205-1-3(c); Subchapter 3, Sections 252:205-3-
1, 252:205-3-2(a)(2), 252:205-3-2(b)-(n), 252:205-3-4, 252:205-3-5
and 252:205-3-6; Subchapter 5, Sections 252:205-5-1 (except 252:205-
5-1(4)), 252:205-5-2 through 252:205-5-5; Subchapter 7, Sections
252:205-7-2 and 252:205-7-4 (except the phrase ``or in accordance
with 252:205-15-1(d)); Subchapter 9, Sections 252:205-9-1 through
252:205-9-4; Subchapter 11, Sections 252:205-11-1(a) (except the
word ``recycling''), 252:205-11-1(b)-(e), and 252:205-11-2; and
Subchapter 13, Sections 252:205-13-1(a)-(e), as published by the
State's Office of Administrative Rules, Secretary of State, P.O. Box
53390, Oklahoma City, OK 73152-3390; Phone number:<PHONE_NUMBER>; Web
site: www.sos.state.ok.us/oar/oar_welcome.htm.
* * * * *
[FR Doc. 2012-19139 Filed 8-6-12; 8:45 am]
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