15966 Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Rules and Regulations 

Division of Federal-State Relations. 

State Contracts Staff. 

State Information Staff. 

Public Affairs and Health Fraud Staff. 

Division of Field Science. 

FERN National Program Branch. 

Scientific Compliance and Regulatory 

Review Branch. 

Laboratory Operations Branch. 

Division of Import Operations and 

Policy. 

Systems Branch. 

Operations and Policy Branch. 

Division of Foreign Field 

Investigations. 

International Operations Branch. 

Foreign Food Branch. 

Foreign Drug Branch. 

Foreign Devices Branch. 

Division of Domestic Field 

Investigations. 

Team Biologics Staff. 

National Expert Staff. 

Domestic Operations Branch. 

Division of Food Defense Targeting. 

Office of Criminal Investigations. 

Mid-Atlantic Area Office. 

Midwest Area Office. 

Northeast Area Office. 

Pacific Area Office. 

Southeast Area Office. 

Southwest Area Office. 

Regional Food and Drug Directors. 

Regional Field Office, Central Region, 

Chicago, IL. 

State Cooperative Programs Staff I. 

State Cooperative Programs Staff II. 

Regional Operations Staff. 

District Office, Baltimore, MD. 

Compliance Branch. 

Investigations Branch. 

District Office, Cincinnati, OH. 

Compliance Branch. 

Investigations Branch. 

Forensic Chemistry Center. 

Inorganic Chemistry Branch. 

Organic Chemistry Branch. 

District Office, Parsippany, NJ 

Compliance Branch. 

Investigations Branch. 

District Office, Philadelphia, PA. 

Compliance Branch. 

Investigations Branch. 

Laboratory Branch. 

District Office, Chicago, IL. 

Compliance Branch. 

Investigations Branch. 

District Office, Minneapolis, MN. 

Compliance Branch. 

Investigations Branch. 

District Office, Detroit, MI. 

Compliance Branch. 

Investigations Branch. 

Laboratory Branch. 

Regional Field Office, Northeast 

Region, Jamaica, NY. 

Operations Staff. 

Intergovernmental Affairs Staff. 

District Office, New York. 

Domestic Compliance Branch. 

Domestic Investigations Branch. 

Import Operations Branch 

(Downstate). 

Import Operations Branch (Upstate). 

Northeast Regional Laboratory. 

Microbiological Science Branch. 

Food Chemistry Branch. 

Drug Chemistry Branch. 

District Office New England. 

Compliance Branch. 

Investigations Branch. 

Winchester Engineering and 

Analytical Center. 

Analytical Branch. 

Engineering Branch. 

Regional Field Office, Pacific Region, 

Oakland, CA. 

District Office, San Francisco, CA 

Compliance Branch. 

Investigations Branch. 

Laboratory Branch. 

District Office, Los Angeles, CA. 

Compliance Branch. 

Domestic Investigations Branch. 

Import Operations Branch. 

District Office, Seattle, WA. 

Compliance Branch. 

Investigations Branch. 

Pacific Regional Laboratory 

Southwest Los Angeles, CA. 

Food Chemistry Branch. 

Drug Chemistry Branch. 

Microbiology Branch. 

Pacific Regional Laboratory Northwest 

Bothell, WA. 

Chemistry Branch. 

Microbiology Branch. 

Seafood Products Research Center. 

Regional Field Office, Southeast 

Region, Atlanta, GA. 

District Office, Atlanta, GA. 

Compliance Branch. 

Investigations Branch. 

District Office, FL. 

Compliance Branch. 

Investigations Branch. 

District Office, New Orleans, LA. 

Compliance Branch. 

Investigations Branch. 

Nashville Branch. 

District Office, San Juan, PR. 

Compliance Branch. 

Investigations Branch. 

Laboratory Branch. 

Southeast Regional Laboratory, 

Atlanta, GA. 

Chemistry Branch I. 

Microbiology Branch. 

Atlanta Center for Nutrient Analysis. 

Chemistry Branch II. 

Regional Field Office, Southwest 

Region. 

District Office, Dallas, TX. 

Compliance Branch. 

Investigations Branch. 

District Office, Kansas City, MO. 

Compliance Branch. 

Investigations Branch. 

Science Operations Branch. 

Total Diet and Pesticide Research 

Center. 

District Office, Denver, CO. 

Compliance Branch. 

Investigations Branch. 

Laboratory Branch. 

Arkansas Regional Laboratory. 

General Chemistry Branch. 

Pesticide Chemistry Branch. 

Microbiology Branch. 

Southwest Import District Office, 

Dallas, TX. 

Compliance Branch. 

Investigations Branch. 

§ 5.1105 Chief Counsel, Food and Drug 

Administration. 

The Office of the Chief Counsel’s 

mailing address is White Oak Bldg. 1, 

10903 New Hampshire Ave., Silver 

Spring, MD 20993. 

§ 5.1110 FDA public information offices. 

(a) Division of Dockets Management. 

The Division of Dockets Management 

public room is located in rm. 1061, 5630 

Fishers Lane, Rockville, MD 20852, 

Telephone: 301–827–6860. 

(b) Division of Freedom of 

Information. The Division of Freedom of 

Information public room is located in 

rm. 1050, Element Bldg., 12420 

Parklawn Dr., Rockville, MD 20857, 

Telephone: 301–796–3900. 

(c) Press Relations Staff. Press offices 

are located in White Oak Bldg. 1, 10903 

New Hampshire Ave., Silver Spring, MD 

20993, Telephone: 301–827–6242; and 

at 5100 Paint Branch Pkwy., College 

Park, MD 20740, Telephone: 301–436– 

2335. 

Dated: March 14, 2012. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2012–6517 Filed 3–16–12; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–9646–5] 

Ohio: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting Ohio final 

authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The agency published a 

proposed rule on September 14, 2011 at 


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Rules and Regulations 15967 

76 FR 56708 and provided for public 

comment. The public comment period 

ended on October 14, 2011. We received 

no comments. No further opportunity 

for comment will be provided. EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization. We now make a final 

decision to authorize Ohio’s changes 

through this final action. 

DATES: The final authorization will be 

effective on March 19, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R05–RCRA– 

2011–0530. All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some of the information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. 

Publicly available docket materials 

are available either electronically at 

http://www.regulations.gov or in hard 

copy. You may view and copy Ohio’s 

application from 9 a.m. to 4 p.m. at the 

following addresses: U.S. EPA Region 5, 

LR–8J, 77 West Jackson Boulevard, 

Chicago, Illinois, contact: Gary Westefer 

(312) 886–7450; or Ohio Environmental 

Protection Agency, Lazarus Government 

Center, 50 West Town Street, Suite 700, 

Columbus, Ohio, contact: Kit Arthur 

(614) 644–2932. 

FOR FURTHER INFORMATION CONTACT: Gary 

Westefer, Ohio Regulatory Specialist, 

U.S. EPA Region 5, LR–8J, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7450, e-mail 

westefer.gary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the federal 

program. As the federal program 

changes, States must change their 

programs and request EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273 and 279. 

B. What decisions have we made in this 

rule? 

We conclude that Ohio’s application 

to revise its authorized program meets 

all of the statutory and regulatory 

requirements established by RCRA. 

Therefore, we propose to grant Ohio 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Ohio has responsibility for 

permitting treatment, storage, and 

disposal facilities (TSDFs) within its 

borders (except in Indian Country) and 

for carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New federal requirements and 

prohibitions imposed by federal 

regulations that EPA promulgates under 

the authority of HSWA take effect in 

authorized states before they are 

authorized for the requirements. Thus, 

EPA will implement those requirements 

and prohibitions in Ohio, including 

issuing permits, until the state is 

granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision, once 

finalized, is that a facility in Ohio 

subject to RCRA would have to comply 

with the authorized state requirements 

instead of the equivalent federal 

requirements in order to comply with 

RCRA. Ohio has enforcement 

responsibilities under its state 

hazardous waste program for RCRA 

violations, but EPA retains its authority 

under RCRA sections 3007, 3008, 3013, 

and 7003, which include, among others, 

authority to: 

1. Do inspections, and require 

monitoring, tests, analyses or reports; 

and 

2. Enforce RCRA requirements and 

suspend or revoke permits 

3. Take enforcement actions 

regardless of whether the state has taken 

its own actions 

This action will not impose additional 

requirements on the regulated 

community because the regulations for 

which Ohio is being authorized are 

already effective, and will not be 

changed by EPA’s final action. 

D. Proposed Rule 

On September 14, 2011 (76 FR 56708), 

EPA published a proposed rule. In that 

rule we proposed granting authorization 

of changes to Ohio’s hazardous waste 

program and opened our decision to 

public comment. The agency received 

no comments on this proposal. EPA 

found Ohio’s RCRA program to be 

satisfactory. 

E. What has Ohio previously been 

authorized for? 

Ohio initially received final 

authorization on June 28, 1989, effective 

June 30, 1989 (54 FR 27170) to 

implement the RCRA hazardous waste 

management program. We granted 

authorization for changes to their 

program on April 8, 1991, effective June 

7, 1991 (56 FR 14203) as corrected June 

19, 1991, effective August 19,1991 (56 

FR 28088); July 27, 1995, effective 

September 25, 1995 (60 FR 38502); 

October 23, 1996, effective December 

23, 1996 (61 FR 54950); January 24, 

2003, effective January 24, 2003 (68 FR 

3429); January 20, 2006, effective 

January 20, 2006 (71 FR 3220), and 

October 29, 2007, effective October 29, 

2007 (72 FR 61063). 

F. What changes are we proposing with 

today’s action? 

On May 9, 2011, Ohio submitted a 

final complete program revision 

application, seeking authorization of 

their changes in accordance with 40 

CFR 271.21. We now make a final 

decision, that Ohio’s hazardous waste 

program revision satisfies all of the 

requirements necessary to qualify for 

final authorization. Therefore, we are 

granting Ohio final authorization for the 

following program changes (a table with 

the complete state analogues is provided 

in the September 14, 2011 proposed 

rule): 

Amendments to Land Disposal 

Restrictions for First Third Scheduled 

Wastes Checklist 50.1, February 27, 

1989 (54 FR 8264); 

Changes to Part 124 Not Accounted for 

by Present Checklists, Checklist 70, 

April 1, 1983 (48 FR 14146); June 30, 

1983 (48 FR 30113); July 26, 1988 (53 

FR 28118); September 26, 1988 (53 FR 

37396); January 4, 1989 (54 FR 246); 

NESHAPS: Final Standards for 

Hazardous Air Pollutants for 

Hazardous Waste Combustors; 

Technical Corrections, Checklist 

188.1, May 14, 2001 (66 FR 24270); 

NESHAPS: Interim Standards for 

Hazardous Air Pollutants for 

Hazardous Waste Combustors (Interim 

Standards Rule), Checklist 197, 

February 13, 2002 (67 FR 6792); 

NESHAPS: Standards for Hazardous Air 

Pollutants for Hazardous Waste 

Combustors; Final Rule, Checklist 

198, February 14, 2002 (67 FR 6968); 

Hazardous Waste Management System; 

Definition of Solid Waste; Toxicity 

Characteristic, Checklist 199, March 

13, 2002 (67 FR 11251); 


emcdonald on DSK29S0YB1PROD with RULES
15968 Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Rules and Regulations 

NESHAPS: Standards for Hazardous Air 

Pollutants for Hazardous Waste 

Combustors—Corrections, Checklist 

202, December 19, 2002 (67 FR 

77687); 

Hazardous Waste Management System; 

Identification and Listing of 

Hazardous Waste; Recycled Used Oil 

Management Standards, Checklist 

203, July 30, 2003 (68 FR 44659); 

Hazardous Waste—Nonwastewaters 

From Production of Dyes, Pigments, 

and Food, Drug and Cosmetic 

Colorants; Mass Loadings-Based 

Listing; Final Rule, Checklist 206, 

February 24, 2005 (70 FR 9138); 

Hazardous Waste—Nonwastewaters 

From Production of Dyes, Pigments, 

and Food, Drug and Cosmetic 

Colorants; Mass Loadings-Based 

Listing; Correction, Checklist 206.1, 

June 16, 2005 (70 FR 35032); 

Hazardous Waste Management System, 

Modification of the Hazardous Waste 

Manifest System; Final Rule, 

Checklist 207, March 4, 2005 (70 FR 

10776); 

Hazardous Waste Management System, 

Modification of the Hazardous Waste 

Manifest System; Correction, 

Checklist 207.1, June 16, 2005 (70 FR 

35034); 

Waste Management System; Testing and 

Monitoring Activities; Final Rule: 

Methods Innovation Rule and SW– 

846 Final Update IIIB, Checklist 208, 

June 14, 2005 (70 FR 34538); 

Waste Management System; Testing and 

Monitoring Activities; Final Rule: 

Methods Innovation Rule and SW– 

846 Final Update IIIB; Correction, 

Checklist 208.1, August 1, 2005 (70 

FR 44150); 

Revision of Wastewater Treatment 

Exemptions for Hazardous Waste 

Mixtures; (‘‘Headworks Exemptions’’), 

Checklist 211, October 4, 2005 (70 FR 

57769); 

National Emission Standards for 

Hazardous Air Pollutants: Final 

Standards for Hazardous Air 

Pollutants for Hazardous Waste 

Combustors (Phase I Final 

Replacement Standards and Phase II), 

Checklist 212, October 12, 2005 (70 

FR 59402); 

Hazardous Waste and Used Oil; 

Corrections to Errors in the Code of 

Federal Regulations, Checklist 214, 

July 14, 2006 (71 FR 40254); 

EQUIVALENT STATE INITIATED CHANGES

Ohio amendment Description of 

change Sections affected and effective date 

Rule Review per 119.032 ........................... OAC 3745–50–31; 3745–50–47; 3745–54–56; 3745–54–77. 

Effective May 13, 2007. 

Housekeeping Rules Set 

I.

........................... OAC 3745–50–10; 3745–50–11; 3745–50–40 3745–50–51; 3745–50–235; 3745–51–03; 3745– 

51–04; 3745–51–05; 3745–51–20; 3745–51–22; 3745–51–24; 3745–51–30; 3745–51–35; 

3745–51–38; 3745–52–10; 3745–52–21; 3745–52–27; 3745–52–32; 3745–52–33; 3745–52–34; 

3745–52–41; 3745–52–54; 3745–53–20; 3745–53–21; 3745–54–18; 3745–54–71; 3745–54–72; 

3745–54–98; 3745–55–47; 3745–55–90; 3745–55–99; 3745–57–14; 3745–57–83; 3745–57–91; 

3745–65–72; 3745–66–41; 3745–66–90; 3745–67–73; 3745–68–14; 3745–68–40; 3745–256– 

100; 3745–266–80; 3745–266–103; 3745–266–106; 3745–270–01; 3745–270–40; 3745–270– 

48; 3745–279–44; 3745–279–53; 3745–279–55; 3745–279–63. 

Effective February 16, 2009. 

G. Which revised state rules are 

different from the federal rules? 

Ohio has excluded the non-delegable 

federal requirements at 40 CFR 268.5, 

268.6, 268.42(b), 268.44, and 270.3. EPA 

will continue to implement those 

requirements. In this action, because 

Ohio has not received statutory 

authority for Subparts AA, BB and CC 

of 40 CFR Part 264, they have not 

adopted the rules for the 40 CFR 

Subpart BB portion in checklist 212 

(located in the table above). This will be 

added at a later date. Checklist 214 in 

the above table appeared in the Federal 

Register on July 14, 2006 (71 FR 40254) 

as a Federal regulation that corrected 

numerous errors that had appeared in 

the Code of Federal Regulations over 

several years. Not all of the amendments 

in the July 14 Federal Register are 

reflected in this Ohio rules effective 

date or in the current Authorization 

Revision Application. Since the July 14 

Federal Register includes several 

hundred amendments, it was broken 

into several rule-makings in Ohio. This 

is the first of these rule-makings. 

Subsequent rule-makings will address 

the balance of the corrections. A number 

of these federal corrections had already 

been made in the state rules, so not all 

the federal changes made in the July 14 

FR resulted or will result in Ohio rule 

amendments attributable to the July 14 

FR. Ohio has corrected the errors in the 

sections cited in Checklist 214 above, 

additional corrections will be noted in 

future Federal Registers as State 

Initiated Changes to Checklist 214. 

H. Who handles permits after the 

authorization takes effect? 

Ohio will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits which we issued 

prior to the effective date of this 

authorization until they expire or are 

terminated. We will not issue any more 

new permits or new portions of permits 

for the provisions listed in the Table 

above after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which Ohio is not yet 

authorized. 

I. How does today’s action affect Indian 

Country (18 U.S.C. 1151) in Ohio? 

Ohio is not authorized to carry out its 

hazardous waste program in ‘‘Indian 

Country,’’ as defined in 18 U.S.C. 1151. 

Indian Country includes: 

1. All lands within the exterior 

boundaries of Indian Reservations 

within or abutting the State of Ohio; 

2. Any land held in trust by the U.S. 

for an Indian tribe; and 

3. Any other land, whether on or off 

an Indian reservation that qualifies as 

Indian Country. 

Therefore, EPA retains the authority 

to implement and administer the RCRA 

program in Indian Country. 

J. What is codification and is EPA 

codifying Ohio’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. We do this by 

referencing the authorized state rules in 

40 CFR part 272. Ohio’s rules, up to and 

including those revised June 7, 1991, as 

corrected August 19, 1991, have 

previously been codified through the 


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Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Rules and Regulations 15969 

incorporation-by-reference effective 

February 4, 1992 (57 FR 4162) . We 

reserve the amendment of 40 CFR part 

272, subpart KK for the codification of 

Ohio’s program changes until a later 

date. 

K. Statutory and Executive Order 

Reviews 

This rule only authorizes hazardous 

waste requirements pursuant to RCRA 

3006 and imposes no requirements 

other than those imposed by state law 

(see SUPPLEMENTARY INFORMATION, 

Section A. Why are revisions to state 

programs necessary?). Therefore, this 

rule complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

The Office of Management and Budget 

has exempted this rule from its review 

under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821 January 21, 

2011). 

2. Paperwork Reduction Act 

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.). 

3. Regulatory Flexibility Act 

This rule authorizes state 

requirements for the purpose of RCRA 

3006 and imposes no additional 

requirements beyond those required by 

state law. Accordingly, I certify that this 

rule 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.). 

4. Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

5. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255, 

August 10, 1999) does not apply to this 

rule because it will not have federalism 

implications (i.e., 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). 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) does not apply to 

this rule because it will not have tribal 

implications (i.e., substantial direct 

effects on one or more Indian tribes, or 

on the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.) 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant as defined in Executive 

Order 12866 and because the EPA does 

not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action as defined in 

Executive Order 12866. 

9. National Technology Transfer 

Advancement Act 

EPA approves state programs as long 

as they meet criteria required by RCRA, 

so it would be inconsistent with 

applicable law for EPA, in its review of 

a state program, to require the use of any 

particular voluntary consensus standard 

in place of another standard that meets 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply to this rule. 

10. Executive Order 12988 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

11. Executive Order 12630: Evaluation 

of Risk and Avoidance of Unanticipated 

Takings 

EPA has complied with Executive 

Order 12630 (53 FR 8859, March 18, 

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. 

12. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Because this rule authorizes preexisting State rules and imposes no 

additional requirements beyond those 

imposed by State law and there are no 

anticipated significant adverse human 

health or environmental effects, the rule 

is not subject to Executive Order 12898 

(59 FR 7629, February 16, 1994). 

13. Congressional Review Act 

EPA will submit a report containing 

this rule and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) 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 sixty (60) days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This final 

authorization will be effective March 19, 

2012. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: February 29, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–6563 Filed 3–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1244 

[Docket No. EP 646 (Sub-No 3)] 

Waybill Data Released in ThreeBenchmark Rail Rate Proceedings 

AGENCY: Surface Transportation Board, 

DOT. 


emcdonald on DSK29S0YB1PROD with RULES