Federal Register / Vol. 76, No. 122 / Friday, June 24, 2011 / Rules and Regulations 37021 

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)—Continued 

Contaminant Methodology EPA method ASTM 4 SM 21st 

edition1 SM online 3

Inductively Coupled Plasma ................................ ............................................. ..................... 3120 B.

*******

Iron ................... Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP–AES).200.5, Revision 4.2. 2.

Atomic Absorption; Direct .................................... ............................................. ..................... 3111 B.

Atomic Absorption; Furnace ................................ ............................................. ..................... 3113 B ........ 3113 B–04 

Inductively Coupled Plasma ................................ ............................................. ..................... 3120 B.

Manganese ....... Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP–AES).200.5, Revision 4.2. 2

Atomic Absorption; Direct .................................... ............................................. ..................... 3111 B.

Atomic Absorption; Furnace ................................ ............................................. ..................... 3113 B ........ 3113 B–04 

Inductively Coupled Plasma ................................ ............................................. ..................... 3120 B.

* * * * * * * 

Silver ................ Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP–AES).200.5, Revision 4.2. 2

Atomic Absorption; Direct .................................... ............................................. ..................... 3111 B.

Atomic Absorption; Furnace ................................ ............................................. ..................... 3113 B ........ 3113 B–04 

Inductively Coupled Plasma ................................ ............................................. ..................... 3120 B.

* * * * * * * 

* * * * * 

1Standard Methods for the Examination of Water and Wastewater, 21st edition (2005). Available from American Public Health Association, 800 

I Street, NW., Washington, DC 20001–3710. 2EPA Method 200.5, Revision 4.2. ‘‘Determination of Trace Elements in Drinking Water by Axially Viewed Inductively Coupled Plasma-Atomic 

Emission Spectrometry.’’ 2003. EPA/600/R–06/115. (Available at http://www.epa.gov/nerlcwww/ordmeth.htm.) 3Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard 

Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be 

used. 4Available from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959 or http://astm.org. The methods listed are 

the only alternative versions that may be used. 

* * * * * 

8Systea Easy (1–Reagent). ‘‘Systea Easy (1–Reagent) Nitrate Method,’’ February 4, 2009. Available at https://www.nemi.gov/apex/ 

f?p=237:1:1150314317898177 or from Systea Scientific, LLC., 900 Jorie Blvd., Suite 35, Oak Brook, IL 60523. 

* * * * * 

14EPA Method 557. ‘‘Determination of Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC–ESI–MS/MS),’’ September 2009. EPA 815–B–09–012. Available at http://water.epa.gov/scitech/ 

drinkingwater/labcert/analyticalmethods_expedited.cfm. 

* * * * * 

22 Hach Company Method, ‘‘Hach Company SPADNS 2 (Arsenic-free) Fluoride Method 10225—Spectrophotometric Measurement of Fluoride 

in Water and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at http://www.hach.com.) 23 Hach Company Method, ‘‘Hach Company TNTplusTM 835/836 Nitrate Method 10206—Spectrophotometric Measurement of Nitrate in Water 

and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at http://www.hach.com.) 

[FR Doc. 2011–15629 Filed 6–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2010–0307; FRL–9323–9] 

Louisiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Louisiana has applied to the 

EPA for final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Louisiana’s changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on August 23, 2011 

unless the EPA receives adverse written 

comment by July 25, 2011. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

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. E-mail: patterson.alima@epa.gov. 

3. Mail: 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. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 


jlentini on DSK4TPTVN1PROD with RULES
37022 Federal Register / Vol. 76, No. 122 / Friday, June 24, 2011 / Rules and Regulations 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The Federal 

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 e-mail 

comment directly to the EPA without 

going through regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the 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 Louisiana’s application and 

associated publicly available materials 

from 8:30 a.m. to 4 p.m. Monday 

through Friday at the following 

locations: Louisiana Department of 

Environmental Quality, 602 N. Fifth 

Street, Baton Rouge, Louisiana 70884– 

2178, phone number (225) 219–3559 

and EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. 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, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, EPA 

Region 6, 1445 Ross Avenue, Dallas 

Texas 75202–2733, (214) 665–8533) and 

E-mail address 

patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from the 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 ask the 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 the 

EPA’s regulations in 40 Code of Federal 

Regulations (CFR) parts 124, 260 

through 268, 270, 273, and 279. 

B. What decisions have we made in this 

rule? 

We conclude that Louisiana’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Louisiana 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Louisiana has 

responsibility for permitting treatment, 

storage, and disposal facilities 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 the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Louisiana including issuing permits, 

until the State is granted authorization 

to do so. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in Louisiana subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Louisiana 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Louisiana is being 

authorized by today’s action are already 

effective under State law, and are not 

changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s rule? 

The EPA did not publish a proposal 

before today’s rule because we view this 

as a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if the EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. For what has Louisiana previously 

been authorized? 

The State of Louisiana initially 

received final authorization on February 

7, 1985, (50 FR 3348), to implement its 

base Hazardous Waste Management 

Program. We granted authorization for 

changes to their program on November 

28, 1989 (54 FR 48889) effective January 

29, 1990; August 26, 1991 (56 FR 41958) 

effective August 26, 1991; November 7, 

1994 (59 FR 55368) effective January 23, 

1995; December 23, 1994 (59 FR 66200) 

effective March 8, 1995; there were 

technical corrections made on January 

23, 1995 (60 FR 4380), effective January 

23, 1995; and another technical 

correction was made on April 11, 1995 

(60 FR 18360) effective April 11, 1995; 

October 17, 1995 (60 FR 53704) effective 

January 2, 1996; March 28, 1996 (61 FR 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 122 / Friday, June 24, 2011 / Rules and Regulations 37023 

13777) effective June 11, 1996; 

December 29, 1997 (62 FR 67572) 

effective March 16, 1998; October 23, 

1998 (63 FR 56830) effective December 

22, 1998; August 25, 1999 (64 FR 46302) 

effective October 25, 1999; September 2, 

1999 (64 FR 48099) effective November 

1, 1999; February 28, 2000 (65 FR 

10411) effective April 28, 2000; January 

2, 2001 (66 FR 23) effective March 5, 

2001; December 9, 2003 (68 FR 68526) 

effective February 9, 2004, June 10, 2005 

(70 FR 33852) effective August 9, 2005; 

November 13, 2006 (71 FR 66116) 

effective January 12, 2007, August 16, 

2007 (72 FR 45905) effective October 15, 

2007 and May 20, 2009 (74 FR 23645) 

effective July 20, 2009. On January 29, 

2010, Louisiana applied for approval of 

its program revisions for RCRA Cluster 

XVIII including Checklist 209 

(Universal Waste Rule: Specific 

Provisions for Mercury-Containing 

Equipment). 

In this application, Louisiana is 

seeking approval for RCRA Checklists 

209 and 216 through 218 in accordance 

with 40 CFR 271.21(b)(3). 

Since 1979 through the 

Environmental Affairs Act, Act 449 

enabled the Office of Environmental 

Affairs within the Louisiana Department 

of Natural Resources, as well as, the 

Environmental Control Commission to 

conduct an effective program designed 

to regulate those who generate, 

transport, treat, store, dispose or recycle 

hazardous waste. During the 1983 

Regular Session of the Louisiana 

Legislature, Act 97 was adopted, which 

amended and reenacted La. R. S. 

30:1051 et seq. as the Environmental 

Quality Act, renaming the 

Environmental Affairs Act (Act 1938 of 

1979). This Act created Louisiana 

Department of Environmental Quality 

(LDEQ), including provisions for new 

offices within this new Department of 

Environmental Quality. Act 97 also 

transferred the duties and 

responsibilities previously delegated to 

the Department of Natural Resources, 

Office of Environmental Affairs, to the 

new Department. The LDEQ has lead 

agency jurisdictional authority for 

administering the Resource Recovery 

and Conservation Act (RCRA) Subtitle C 

program in Louisiana. Also, the LDEQ is 

designated to facilitate communication 

between the EPA and the State. During 

the 1999 Regular Session of Louisiana 

Legislature, Act 303 revised the 

La.R.S.30:2011 et. seq. allowing LDEQ 

to reengineer the Department to perform 

more efficiently and to meet its strategic 

goals. 

It is the intention of the State, through 

this application, to demonstrate its 

equivalence and consistency with the 

Federal statutory tests, which are 

outlined in the United States 

Environmental Protection Agency 

regulatory requirements under 40 CFR 

271, Subpart A, for final authorization. 

The submittal of this application is in 

keeping with the spirit and intent of 

RCRA, which provides equivalent States 

the opportunity to apply for final 

authorization to operate all aspects of 

their hazardous waste management 

programs in lieu of the Federal 

government. The Louisiana 

Environmental Quality Act authorizes 

the State’s program, Subtitle II of Title 

30 of the Louisiana Revised Statutes. 

With this application Louisiana is 

applying for authorization for specific 

areas of the State regulations identified 

as requiring authorization and the listed 

Checklists are: 209, 216, 217 and 218 

will allow the State to implement the 

equivalent RCRA Subtitle C portion of 

the program. Louisiana has 

demonstrated to EPA that its program 

was substantially equivalent in its 

management of hazardous waste to the 

Federal program developed pursuant to 

RCRA. 

G. What changes are we authorizing 

with today’s action? 

On January 29, 2010 Louisiana 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that Louisiana’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for Final 

authorization. Therefore, we grant the 

State of Louisiana Final authorization 

for the following changes: The State of 

Louisiana’s program revisions consist of 

regulations which specifically govern 

RCRA Cluster XVIII including Cluster 

XVI Checklist 209 as documented in 

this Federal Register: 

Description of Federal requirement (include checklist 

#, if relevant) 

Federal Register date and 

page (and/or RCRA statutory authority) Analogous state authority 

1. Universal Waste Rule: 

Specific Provisions for 

Mercury Containing Equipment. (Checklist 209).

70 FR 45508–45522 August 5, 2005.Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental 

Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 3813, 105.D.7.c 1501.C.11.c, 4301.C.13.c, 2201.I.5.c, 305.C.11.c, 

3801.A, 3807.A–B, 3807.B.1–2, 3807.C.1–2, 3813, 3821.C, 3821.C.1–2, 

3821.C.2, 3821.C.2.a–c, 3821.C.2.d–g, 3821.C.2.h, 3821.C.4, 3821.C.4.a–b, 

3821.C.3, 3821.C.3.a–b, 3823.A.4, 3823.A.5, 3841.B.4–5, 3843.C, 3843.C.1–2, 

3843.C.2.a–c, 3843.C.2.d–g, 3843.C.2.h, 3843.C.4, 3843.C.4.a–b, 3843.C.3, 

3843.C.3.a–b, and 3845.A.4–5, as amended December 20, 2005, effective September 20, 2009. 

2. Exclusion of Oil-Bearing 

Secondary Materials Processed in a Gasification 

System to Produce Synthesis Gas. (Checklist 216).

73 FR 57–72 January 2, 

2008.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental 

Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 109, 109, see definition for Gasification, and 105.D.1.l.i, as amended December 20, 2005, effective June 20, 2009. 

3. NESHAP: Final Standards 

for Hazardous Waste 

Combustors (Phase I Final 

Replacement Standards 

and Phase II) Amendments. (Checklist 217).

73 FR 18970–18984 April 

8, 2008.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental 

Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 3105.B.1 and 3001.B.3, as amended December 20, 2005, effective 

June 20, 2009. 


jlentini on DSK4TPTVN1PROD with RULES
37024 Federal Register / Vol. 76, No. 122 / Friday, June 24, 2011 / Rules and Regulations 

Description of Federal requirement (include checklist 

#, if relevant) 

Federal Register date and 

page (and/or RCRA statutory authority) Analogous state authority 

4. F019 Exemption for 

Wastewater Treatment 

Sludges from Auto Manufacturing Zinc Phosphating 

Processes. (Checklist 218).

73 FR 31756–31769 June 

4, 2008.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental 

Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections Chapter 49 Table 1, 4901.B.Table.1, 4901.B.2.d and 4901.B.2.d.i– 

ii, as amended December 20, 2005, effective June 20, 2009. 

H. Where are the revised State rules 

different from the Federal rules? 

In this authorization of the State of 

Louisiana program revisions for Cluster 

XVIII rules, there are no provisions that 

are more stringent or broader in scope. 

I. Who handles permits after the 

authorization takes effect? 

Louisiana will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. The 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. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table in this document after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which Louisiana is not yet 

authorized. 

J. How does today’s action affect Indian 

Country in Louisiana? 

Louisiana is not authorized to carry 

out its Hazardous Waste Program in 

Indian Country within the State. This 

authority remains with EPA. Therefore, 

this action has no effect in Indian 

Country. 

K. What is codification and is the EPA 

codifying Louisiana’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 CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart T for this 

authorization of Louisiana’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

L. 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 action 

authorizes State requirements for the 

purpose of RCRA 3006 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 action 

authorizes 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). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). 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 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. 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. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

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. 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 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. 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). This action will be 

effective August 23, 2011. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 122 / Friday, June 24, 2011 / Rules and Regulations 37025 

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: June 8, 2011. 

Al Armendariz, 

Regional Administrator. Region 6. 

[FR Doc. 2011–15876 Filed 6–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 595 

[Docket No. NHTSA–2011–0079] 

RIN 2127–AK77 

Make Inoperative Exemptions; Vehicle 

Modifications To Accommodate People 

With Disabilities, Side Impact 

Protection 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends 

regulations concerning vehicle 

modifications which accommodate 

people with disabilities to update and 

expand a reference in an exemption 

relating to the Federal motor vehicle 

safety standard for side impact 

protection. The expanded exemption 

facilitates the mobility of drivers and 

passengers with disabilities. 

DATES: Effective Date: August 23, 2011. 

As this final rule relieves the regulatory 

burdens on certain entities and involves 

Federal Motor Vehicle Safety Standard 

(FMVSS) requirements that have 

recently become effective, the agency 

believes that the above effective date is 

appropriate. 

Petitions for Reconsideration: 

Petitions for reconsideration of this final 

rule must be received by the agency by 

August 8, 2011. 

ADDRESSES: If you wish to petition for 

reconsideration of this rule, you should 

refer in your petition to the docket 

number of this document and submit 

your petition to: Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., West Building, 

Washington, DC 20590. The petition 

will be placed in the docket. Anyone is 

able to search the electronic form of all 

documents received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477– 

78). 

For access to the docket to read 

background documents or comments 

received, go to http:// 

www.regulations.gov and follow the 

online instructions for accessing the 

docket. You may also visit DOT’s 

Docket Management Facility, 1200 New 

Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 for access 

to the docket. 

FOR FURTHER INFORMATION CONTACT: 

Gayle Dalrymple, NHTSA Office of 

Crash Avoidance Standards, NVS–123, 

telephone (202–366–5559), fax (202– 

493–2739), or Jesse Chang, NHTSA 

Office of Chief Counsel, NCC–112, 

telephone (202–366–2992), fax (202– 

366–3820). The mailing address for 

these officials is: National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: This final 

rule amends 49 CFR Part 595, Subpart 

C, ‘‘Make Inoperative Exemptions, 

Vehicle Modifications to Accommodate 

People With Disabilities,’’ to update and 

expand a reference in an exemption 

relating to FMVSS No. 214. The notice 

of proposed rulemaking (NPRM) on 

which this final rule is based was 

published on September 28, 2010 (75 FR 

59674) (Docket No. NHTSA–2010– 

0133). 

Regulatory Background 

The National Traffic and Motor 

Vehicle Safety Act (49 U.S.C. Chapter 

301) (‘‘Safety Act’’) and NHTSA’s 

regulations require vehicle 

manufacturers to certify that their 

vehicles comply with all applicable 

Federal motor vehicle safety standards 

(FMVSSs) (see 49 U.S.C. 30112; 49 CFR 

Part 567). A vehicle manufacturer, 

distributor, dealer, or repair business 

generally may not knowingly make 

inoperative any part of a device or 

element of design installed in or on a 

motor vehicle in compliance with an 

applicable FMVSS (see 49 U.S.C. 

30122). NHTSA has the authority to 

issue regulations that exempt regulated 

entities from the ‘‘make inoperative’’ 

provision (49 U.S.C. 30122(c)). The 

agency has used that authority to 

promulgate 49 CFR Part 595 Subpart C, 

‘‘Make Inoperative Exemptions, Vehicle 

Modifications to Accommodate People 

with Disabilities.’’ 

49 CFR Part 595 Subpart C sets forth 

exemptions from the make inoperative 

provision to permit, under limited 

circumstances, vehicle modifications 

that take the vehicles out of compliance 

with certain FMVSSs when the vehicles 

are modified to be used by persons with 

disabilities after the first retail sale of 

the vehicle for purposes other than 

resale. The regulation was promulgated 

to facilitate the modification of motor 

vehicles so that persons with disabilities 

can drive or ride in them. The 

regulation involves information and 

disclosure requirements and limits the 

extent of modifications that may be 

made. 

Under the regulation, a motor vehicle 

repair business that modifies a vehicle 

to enable a person with a disability to 

operate or ride as a passenger in the 

motor vehicle and that avails itself of 

the exemption provided by 49 CFR Part 

595 Subpart C must register itself with 

NHTSA. The modifier is exempted from 

the make inoperative provision of the 

Safety Act, but only to the extent that 

the modifications affect the vehicle’s 

compliance with the FMVSSs specified 

in 49 CFR 595.7(c) and only to the 

extent specified in 595.7(c). 

Modifications that would take the 

vehicle out of compliance with any 

other FMVSS, or with an FMVSS listed 

in 595.7(c) but in a manner not specified 

in that paragraph are not exempted by 

the regulation. The modifier must affix 

a permanent label to the vehicle 

identifying itself as the modifier and the 

vehicle as no longer complying with all 

FMVSS in effect at original 

manufacture, and must provide and 

retain a document listing the FMVSSs 

with which the vehicle no longer 

complies and indicating any reduction 

in the load carrying capacity of the 

vehicle of more than 100 kilograms (220 

pounds). 

2007 Amendments to FMVSS 214 and 

Effects on Exemption in Part 595 

Subpart C 

Before today’s final rule, 49 CFR Part 

595 Subpart C set forth an exemption 

from ‘‘S5 of 49 CFR 571.214 [FMVSS 

No. 214] for the designated seating 

position modified, in any cases in 

which the restraint system and/or seat at 

that position must be changed to 

accommodate a person with a 

disability.’’ 49 CFR 595.7(c)(15). 

However, the reference to S5 of FMVSS 

No. 214 became outdated as a result of 

a 2007 amendment to Standard 214. 

Prior to 2007, S5 had referred to the 

dynamic performance requirements that 

vehicles must meet when subjected to a 


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