NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR STATIONARY SPARK IGNITION INTERNAL COMBUSTION ENGINES (40 CFR PART 60, SUBPART JJJJ)

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

	(a) 	Title of the Information Collection

	“NSPS for Stationary Spark Ignition Internal Combustion Engines (40 CFR part 60, subpart JJJJ), ICR 2227.02, OMB Control Number 2060-NEW.”

	(b)	Short Characterization

	This supporting statement addresses information collection activities that would be imposed by the “Standards of Performance for Stationary Spark Ignition Internal Combustion Engines,” 40 CFR part 60, subpart JJJJ.  These standards fulfill the requirements of section 111 of the Clean Air Act (CAA) as amended in 1990, which requires the EPA to promulgate standards for stationary internal combustion engines.  The EPA has determined that for purposes of promulgating new source performance standards (NSPS) regulations, the stationary internal combustion engine source category should be split into two source categories - compression ignition (CI) engines and spark ignition (SI) engines.  The NSPS for stationary CI engines were published on July 11, 2006 (71 FR 39154).

		The information collection activities in this ICR include initial notifications for non-certified engines greater than 500 hp, records of engine maintenance for all SI internal combustion engines (ICE), records of operating hours for emergency SI ICE, performance test data for owners and operators of non-certified stationary SI engines, and test data and activities associated with obtaining engine certification for engine manufacturers.  The information collection activities will enable the EPA to determine initial and continuous compliance with the requirements of the final rule.

2.	NEED FOR AND USE OF THE COLLECTION

	(a)	Need/Authority for the Collection

	The EPA is required under section 111 of the CAA to establish standards of performance for new stationary sources that reflect the application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  The Agency refers to this charge as selecting the best demonstrated technology.  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, Section 114(a) States that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to (A) establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment or methods (in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe); (D) sample such emissions; (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications; and (G) provide such other information as he may reasonably require.

	Certain reports are necessary to enable the Administrator to identify stationary SI engines subject to the regulation and to determine if the standards are being achieved.

	(b)	Practical Utility/Users of the Data

	The information will be used by the EPA to identify sources subject to the NSPS and ensure that the emission standards are being met.  Records and reports are necessary to enable the EPA to identify facilities that may not be in compliance with the requirements.  Based on reported information, EPA will decide which facilities should be inspected and what records or units should be inspected at the facilities.  The records that facilities maintain will indicate to EPA whether facility personnel are operating and maintaining the equipment properly.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 	CRITERIA

	(a)	Nonduplication

	Duplication in the reporting of stationary SI engine information is not anticipated.  If the standard has not been delegated, the information is sent to the appropriate EPA Regional Office.  Otherwise, the information is sent directly to the delegated State or local agency.  If a State or local agency has adopted its own similar regulation to implement the Federal regulation, a copy of the report submitted to the State or local agency can be sent to the Administrator in lieu of the report required by the Federal standard.  Therefore, no duplication exists.

	(b)	Public Notice Required Prior to ICR Submission to OMB

	A public notice of this collection will be provided in the final NSPS.

	(c)	Consultations

	EPA has met with the Engine Manufacturers Association (EMA) on several occasions, as well as other affected entities that will be subject to the new emission standards.  The public also had the opportunity to review and comment on the proposed NSPS and the ICR during the specified comment period.

	(d)	Effects of Less Frequent Data Collection

	The frequency of the data collection requirements was chosen by the EPA to provide reasonable assurance that engines are in compliance with the standard.  Annual reporting for certifying engine families is necessary to align with the regulatory requirement to certify engine families every year.

	(e)	General Guidelines

	None of the reporting or recordkeeping requirements contained in the final NSPS for stationary SI ICE violate any of the regulations established by OMB in CFR 1320.5.

	(f)	Confidentiality

	The type of data that would be required from owners and operators is principally owner/operator and engine identification information and would not be confidential.  If any information is submitted to the EPA for which a claim of confidentiality is made, the information would be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B -- Confidentiality of Business Information.

	We hold information from the engine manufacturers as confidential until the associated engines are available for purchase.  Manufacturers may submit proprietary information, consisting generally of sales projections and certain sensitive technical descriptions.  We grant confidentiality in accordance with the Freedom of Information Act, EPA regulations at 40 CFR part 2, subpart B, and class determinations issued by our Office of General Council.

	(g)	Sensitive Questions

	This section is not applicable because the ICR does not involve matters of a sensitive nature.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	(a)	Respondents/NAICS Codes

	Respondents are owners or operators of new, modified or reconstructed stationary SI ICE, as well as manufacturers of stationary SI ICE.  These standards affect any industry, State, local, or tribal government using a stationary SI internal combustion engine.  The North American Industrial Classification System (NAICS) codes for facilities using stationary SI ICE affected by the regulation include:  2211 (Electric Power Generation, Transmission, or Distribution), 622110 (Medical and Surgical Hospitals), 335312 (Motor and Generator Manufacturing), 33391 (Pump and Compressor Manufacturing), and 333992 (Welding and Soldering Equipment Manufacturing), 486210 (Pipeline Transportation of Natural Gas), 211111 (Crude Petroleum and Natural Gas Production), 2111112 (Natural Gas Liquids Producers), and 92811 (National security).

(b)	Information Requested

	(i)	Data Items:  Attachment 1, Source Data and Information Requirements, summarizes the recordkeeping and reporting requirements of this regulation for owners and operators of stationary SI ICE.  In addition, manufacturers are required to submit an application for certification, including emission data and other descriptive information for each engine family subject to the emission standards.

	(ii)	Respondent Activities:  The respondent activities required by the regulation as they relate to owners and operators as well as engine manufacturers are provided under the first column of Tables 1 through 3, introduced in section 6(a).

	(iii)	Summary of Requirements:  The information collection activities in this ICR for owners and operators of stationary SI ICE include initial notifications for non-certified engines greater than 500 hp, records of proper engine maintenance, the operating hours of emergency SI ICE, and any performance test data used to demonstrate compliance for non-certified engines or certified engines operating in a non-certified manner (if they are greater than 100 hp).  Manufacturers of certified SI ICE must follow the procedures outlined in the final rule to certify certain stationary SI ICE.  The rule requires facilities to meet emission limitations for nitrogen oxides (NOx), carbon monoxide (CO), and hydrocarbons (HC), non-methane hydrocarbons (NMHC), and volatile organic compounds (VOC).  For about half of owners and operators of SI ICE less than 500 hp, EPA expects that compliance will be demonstrated through purchasing a certified stationary SI ICE.  Owners and operators of non-certified engines can demonstrate compliance by submitting performance test results from a similar engine or by submitting engine manufacturer or control device vendor information that shows that the engine will meet the emission limitations.  Alternatively, if none of the information described is available, owners and operators of non-certified stationary SI ICE can demonstrate compliance by conducting a performance test.  The EPA estimates that the majority of engines greater than 500 hp will not be certified.  It is assumed that stationary SI ICE will remain in continuous compliance if the engine is a certified engine.  Performance tests for non-certified engines that are greater than 500 hp must be repeated every 3 years or 8,760 hours, whichever comes first.

	Owners and operators of emergency stationary SI engines are required to install a non-resettable hour meter to monitor the total number of hours operated.  Information EPA has obtained indicates that an hour meter is typically included with the engine so no separate cost for the hour meter was estimated.  The information will be used to ensure that owners and operators do not exceed the number of hours allowed by the NSPS for maintenance and testing purposes, i.e., 100 hours per year.  Owners and operators must also keep records of why the engine was operated.

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

	(a)	Agency Activities

	A list of Agency activities for the first 3 years following the effective date of the standard is provided in Tables 4 through 6, which are introduced in section 6(c).

	(b)	Collection Methodology and Management

	Data obtained during periodic visits by EPA personnel, from records maintained by the respondents, and from information provided in notifications will be tabulated and published for internal EPA use in compliance and enforcement programs.  Records of measurements, maintenance, reports, and records must be retained for two years following the date of the item.

	(c)	Small Entity Flexibility

	Minimizing the information collection burden for all sizes of organizations is a continuing effort for the EPA.  The final rule applies to engine manufacturers as well as owners and operators of stationary SI ICE.  To limit the impact on small entities, only sources with non-certified engines with a maximum hp greater than 500 must submit an initial notification.  However, owners and operators of all SI ICE must conduct performance tests on all non-certified engines (unless the engine is a certified engine less than 100 hp operated in a non-certified manner), but only engines greater than 500 hp have to conduct subsequent testing.  It is currently estimated that 7,694 new non-certified engines will be sold in 2008.  Approximately 6,000 of these non-certified engines are less than 500 hp.  More than 1,000 of these engines are less than 50 hp.

The majority of the responsibility for small engines falls on the engine manufacturers.  Engine manufacturers are responsible for ensuring that the engines will meet the emission limitations during its entire useful life.  We expect more small engines will be certified by engine manufacturers than large engines.  In addition, we expect more small engines will already be certified for nonroad use than large engines.  Thus, small entities will be required to conduct fewer performance tests than large sources, reducing the impact on small sources.  Furthermore, although the recordkeeping and reporting requirements are the same for small and large businesses, these requirements are considered the minimum needed to ensure compliance and, therefore, cannot be reduced further for small businesses.

	(d)	Collection Schedule

	Owners and operators who must submit an initial notification must submit the initial notification no later than 30 days after the date construction or reconstruction commences.  Records of hours of operation for emergency stationary SI ICE and justification of why the engine was operated must be maintained continuously.  Owners and operators of non-certified SI ICE must conduct initial performance tests according to the schedule in 40 CFR 60.8(f).  Owners and operators of non-certified SI ICE that are greater than 500 hp must conduct subsequent performance tests every 3 years or 8,760 hours, whichever comes first.  Owners and operators of all SI ICE must record any maintenance conducted on the engine.  Other reporting requirements are associated with engine certification to the emission standards, which begin to apply as early as July 2007 for some engines.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

  	(a)	Estimating Respondent Burden

	The stationary SI internal combustion engine NSPS is estimated to affect an average of about 16,500 new engines in each of the next 3 years, or a total of nearly 50,000 engines over 3 years.  Of the 16,500 new engines each year, it is estimated that about 50 percent of this total will be certified by the engine manufacturer; however, the percentage of engines certified by the manufacturer varies with engine size, type and fuel.  For engines 25-50 hp, it was estimated that 50 percent of engines with any type of fuel will be certified.  It is estimated that all gasoline and rich burn liquid petroleum gas (LPG) fired engines above 50 hp will be certified.  Manufacturers are expected to certify approximately 50 percent of lean burn engines and engines fired with fuels other than gasoline or LPG with a maximum hp less than 500.  Only 20 percent of engines with a maximum hp greater than or equal to 500 hp will be certified.

Only non-certified engines greater than 500 hp need to submit an initial notification.  Owners and operators will demonstrate compliance by purchasing certified stationary SI ICE or conducting performance tests.  If compliance is achieved using performance testing and the maximum hp of the engine is greater than 500, additional performance tests are required every 3 years or 8,760 hours, whichever comes first.  For this analysis, it was assumed that only one performance test would be conducted for any one engine in the first 3 years.  Owners and operators of emergency engines will be required to keep records of the number of hours during emergency and maintenance and testing.  Owners and operators of any type SI ICE must record all maintenance conducted on the engine.

	(b)	Estimating Respondent Costs

The information collection activities for sources subject to these requirements are presented in Tables 1 through 3.  Certification costs for engine manufacturers were estimated in Table 5.2.1-4 of the document, “Final Regulatory Support Document: Control of Emissions from Unregulated Nonroad Engines.”  This cost includes the cost of certifying the engine to the emission standards and the cost for in-use testing and upgrades to the facility.  Adjusting these costs to 2005 dollars using the consumer price index, certification costs of $13 per engine for 25 to 300 hp engines, $32 for 300 to 600 hp SI engines, and $153 for greater than 600 hp engines were used to estimate certification costs.  The number of engines estimated to be certified by engine manufacturers was based on the percentages given in paragraph 6(a) reduced by the number of engines that are already certified for nonroad use.  Engine manufacturers provided estimates of the number of engines that will be certified to EPA small engine regulation Part 90.  These estimates were similar to those in paragraph 6(a).

To certify SI engines for stationary use that have been certified for nonroad use, the source must submit the nonroad certification information for approval.  This only occurs once for each engine family.  Since no information is currently available for the number of SI engine families, it was assumed that the number of families is similar to CI engines.  Hence it was assumed that 200 SI engine families will have been certified for nonroad use.  It is assumed that only one technical person-hour is necessary to submit approval certification for use as a stationary engine that already certified for nonroad use.

Non-certified engines would require an initial compliance test, which was estimated to cost $1,000 per engine using portable analyzers.  This would cover costs to test all regulated pollutants.  The NSPS impact for this category of engines includes the cost of notification and recordkeeping, each of which was estimated to be 1 hour per year.

The total cost for each respondent activity includes labor costs.  Labor rates, on a per-hour basis, are taken from the Bureau of Labor Statistics web site http://www.bls.gov/news.release/ecec.toc.htm) as posted for December 2005, except when noted

TABLE 1.  RESPONDENT BURDEN AND COST OF REPORTING FOR THE FIRST YEAR

 	Person-hours

per occurrence

(A)	Number of occurrences

per year	Person-hours	Respondents

per year	Technical	Management

person-hours	Clerical

person-hours	O&M Cost

per 	Total Cost ($)

Year 1*

Burden Item

	per respondent

person-hours

(B)	(C)=(A*B)	(D)	(E)=(C*D)	(F)=(E*0.05)	(G)=(E*0.1)	Respondent

	1. Applications

    A. Engine Certification for stationary use**

8

        - 25-300 hp

2,780

13 	36,142

        - 300-600 hp

272

32 	8,719

        - >600 hp

412

153 	63,046

    B.  Certification from Nonroad to Stationary use***	1	200

	200

13,600

    C.  Initial Test for Engines not Certified

7,694

1,000 	7,694,421

2. Surveys and Studies	N/A

3. Reporting Requirements

    A. Read Instructions	0.5	1	0.5	16,285	8,142	407	814

614,335

    B. Required Activities

    C. Gather Existing Information	Included in 3D

    D. Write Report

        -Initial notification (>500 hp non-certified engines)	1	1	1 2,142	2,142	107	214

161,631

4. Recordkeeping Requirements

    A. Record Engine Maintenance	1	1	1	16,285	16,285	814	1,628

1,228,670

    B. Train personnel	N/A

    C. Recording hours in non-emergency operation	1	1	1	421	421

28,625

SUBTOTAL BURDEN AND COST

16,293	27,190	1,328	2,657	7,802,329	9,849,188

AVERAGE PER RESPONDENT

	2	0.1	0.2	479	605

*Costs are based on December 2005 Bureau of Labor Statistics, Employment Cost Trends total compensation index which includes wages, salaries, and benefits.  Costs are estimated using the following hourly rates:  technical at $68, management at $81 and clerical at $34.

**Costs for new certification assessed per new engine.  The number of engines certified for nonroad use is not included in this number of engines.  Number of respondents is approximate number of engine manufacturers that will be certifying engines.

***For certification from nonroad to stationary use, an occurrence is equivalent to an engine family (assumed 200 engine families certified for nonroad use, based on CI analysis).

TABLE 2.  RESPONDENT BURDEN AND COST OF REPORTING FOR THE SECOND

Burden Item

 	Person-hours

per occurrence	Number of

occurrences

per year	Person-hours

per respondent	 Respondents

per year	Technical

person-hours	Management

Person-hours	Clerical

person-hours	O&M Cost

per 	Total Cost ($)

Year 2*

	(A)	(B)	(C)=(A*B)	(D)	(E)=(C*D)	(F)=(E*0.05)	(G)=(E*0.1)	Respondent

	1. Applications

    A. Engine Certification for stationary use**

8

        - 25-300 hp

3,005

13 	39,061

        - 300-600 hp

297

32 	9,513

        - >600 hp

435

153 	66,503

    B.  Certification from Nonroad to Stationary use***	1	200

	200

13,600

    C.  Initial Test for Engines not Certified

7,656

1,000 	7,655,743

2. Surveys and Studies	N/A

3. Reporting Requirements

    A. Read Instructions	0.5	1	0.5	16,538	8,269	413	827

623,890

    B. Required Activities

    C. Gather Existing Information	Included in 3D

    D. Write Report

        -Initial notification (>500 hp non-certified engines)	1	1	1 2,204	2,204	110	220

166,279

4. Recordkeeping Requirements

    A. Record Engine Maintenance	1	1	1	16,538	16,538	827	1,654

1,247,779

    B. Train personnel	N/A

    C. Recording hours in non-emergency operation	1	1	1	427	427

29,032

SUBTOTAL BURDEN AND COST

16,546	27,638	1,351	2,701	7,770,820	9,851,400

AVERAGE PER RESPONDENT

	2	0.1	0.2	470	595

*Costs are based on December 2005 Bureau of Labor Statistics, Employment Cost Trends total compensation index which includes wages, salaries, and benefits.  Costs are

estimated using the following hourly rates:  technical at $68, management at $81 and clerical at $34.

**Costs for new certification assessed per new engine.  The number of engines certified for nonroad use is not included in this number of engines.  Number of respondents is

approximate number of engine manufacturers that will be certifying engines.

***For certification from nonroad to stationary use, an occurrence is equivalent to an engine family (assumed 200 engine families certified for nonroad use, based on CI analysis).

TABLE 3.  RESPONDENT BURDEN AND COST OF REPORTING FOR THE THIRD YEAR

Burden Item	 Person-hours

per occurrence	Number of

occurrences

per year	Person-hours

per respondent	Respondents

per year	Technical

person-hours	Management

person-hours	Clerical

person-hours	O&M Cost

per

Respondent	Total Cost ($)

Year 3*

 	(A)	(B)	(C)=(A*B)	(D)	(E)=(C*D)	(F)=(E*0.05)	(G)=(E*0.1)

1. Applications

    A. Engine Certification for stationary use**

8

        - 25-300 hp

3,013

13 	39,171

        - 300-600 hp

308

32 	9,851

        - >600 hp

450

153 	68,837

    B.  Certification from Nonroad to Stationary use***	1	200

	200

13,600

    C.  Initial Test for Engines not Certified

7,784

1,000 	7,784,150

2. Surveys and Studies	N/A

3. Reporting Requirements

    A. Read Instructions	0.5	1	0.5	16,791	8,396	420	840

633,444

    B. Required Activities

    C. Gather Existing Information	Included in 3D

    D. Write Report

        -Initial notification (>500 hp non-certified engines)	1	1	1 2,275	2,275	114	228

171,660

4. Recordkeeping Requirements

    A. Record Engine Maintenance	1	1	1	16,791	16,791	840	1,679

1,266,889

    B. Train personnel	N/A

    C. Recording hours in non-emergency operation	1	1	1	433	433

29,440

SUBTOTAL BURDEN AND COST

16,799	28,095	1,373	2,746	7,902,009	10,017,042

AVERAGE PER RESPONDENT

	2	0.1	0.2	470	596

*Costs are based on December 2005 Bureau of Labor Statistics, Employment Cost Trends total compensation index which includes wages, salaries, and benefits.  Costs are

 estimated using the following hourly rates:  technical at $68, management at $81 and clerical at $34.

**Costs for new certification assessed per new engine.  The number of engines certified for nonroad use is not included in this number of engines.  Number of respondents is approximate number of engine manufacturers that will be certifying engines.

***For certification from nonroad to stationary use, an occurrence is equivalent to an engine family (assumed 200 engine families certified for nonroad use, based on CI analysis).

otherwise in the tables.  The base labor rates are $29.24 for technical/professional personnel,  $33.98 for management, and $14.30 for clerical.  The total compensation rate is $40.62 for technical/professional personnel, $48.56 for managerial, and $20.31 for clerical.  This accounts for paid leave, insurance, etc.  The compensation rates were then adjusted by an overhead and profit rate of 167 percent.  The final total wage rates are $68 for technical/professional personnel, $81 for management, and $34 for clerical.

	(c)	Estimating Agency Burden and Cost

	Because the information collection requirements were developed as an incidental part of standards development, no costs can be attributed to the development of the information collection requirements.  Because reporting and recordkeeping requirements on the part of the respondents are required under section 111 of the CAA, no operational costs will be incurred by the Federal government.  Examination of records to be maintained by the respondents would occur incidentally as part of the periodic inspection of sources that is part of the EPA’s overall compliance and enforcement program and, therefore, is not attributable to the ICR.

	The Agency burden and cost estimates include only those items where the government would incur additional costs as a result of the information collection.  These costs include user costs associated with the review and analysis of the reported information.  These are presented in Tables 4 through 6.

	The hourly burden for review of reports was estimated through discussion with personnel from local agencies who review these types of reports.  Each report reviewed for certification represents an engine family.  For this analysis, the number of SI engine families were assumed to be the same as the number of CI engine families (i.e., 200 engine families currently certified for nonroad use and 35 currently non-certified engine families).  Labor rates for Federal employees are based on the January 2006, Office of Personnel Management pay rates for General Schedule employees (see http://www.opm.gov/oca/06tables/html).  The pay rates were multiplied by the standard government benefits multiplication factor of 1.6.  The resulting average hourly labor

TABLE 4.  FEDERAL GOVERNMENT BURDEN AND COST FOR THE FIRST YEAR

 	 	 	Technical	Management	Clerical

 	EPA hours	Operations	person-hours	person-hours	person-hours	Total Cost ($)

Activity	per operation	per year	per year	per year	per year	Year 1*

 	(A)	(B)	(C)=(A*B)	(D)=(C*0.05)	(E)=(C*0.1)	(F)

Report Review

1.  Initial notification	2	2,142	4,284	214	428	234,788

2.  Engine Certification for Non-certified Engine**	2***	35	81

	3,220

3.  Engine Certification from nonroad to stationary 	1	200	200

	8,000

4.  Performance Tests	2	7,694	17,697	885	1,770	969,805

SUBTOTAL BURDEN AND COST

	22,262	1,099	2,198	1,215,812

*Costs for notifications are based on January 2006 Office of Personnel Management labor statistics for Federal Workers.  Costs are estimated

using the following rates: technical at $48, management at $80, and clerical at $28.

**Costs associated with certification applications are based on a technical rate of $40.

***EPA hours per operation for presentation purposes have been rounded to whole hours, but is estimated at approximately 2.3 hours in estimating total costs.

TABLE 5.  FEDERAL GOVERNMENT BURDEN AND COST FOR THE SECOND YEAR

 	 	 	Technical	Management	Clerical

 	EPA hours	Operations	person-hours	person-hours	person-hours	Total Cost ($)

Activity	per operation	per year	per year	per year	per year	Year 2*

 	(A)	(B)	(C)=(A*B)	(D)=(C*0.05)	(E)=(C*0.1)	(F)

Report Review

1.  Initial notification	2	2,204	4,408	220	441	241,540

2.  Engine Certification for Non-certified Engine**	2***	35	81

	3,220

3.  Engine Certification from nonroad to stationary 	1	200	200

	8,000

4.  Performance Tests	2	7,656	17,608	880	1,761	964,930

SUBTOTAL BURDEN AND COST

	22,296	1,101	2,202	1,217,690

*Costs for notifications are based on January 2006 Office of Personnel Management labor statistics for Federal Workers.  Costs are estimated

using the following rates: technical at $48, management at $80, and clerical at $28.

**Costs associated with certification applications are based on a technical rate of $40.

***EPA hours per operation for presentation purposes have been rounded to whole hours, but is estimated at approximately 2.3 hours in estimating total costs.

TABLE 6.  FEDERAL GOVERNMENT BURDEN AND COST FOR THE THIRD YEAR

 	 	 	Technical	Management	Clerical

 	EPA hours	Operations	person-hours	person-hours	person-hours	Total Cost ($)

Activity	per operation	per year	per year	per year	per year	Year 3*

 	(A)	(B)	(C)=(A*B)	(D)=(C*0.05)	(E)=(C*0.1)	(F)

Report Review

1.  Initial notification	2	2,275	4,550	228	455	249,356

2.  Engine Certification for Non-certified Engine**	2***	35	81

	3,220

3.  Engine Certification from nonroad to stationary 	1	200	200

	8,000

4.  Performance Tests	2	7,784	17,904	895	1,790	981,114

SUBTOTAL BURDEN AND COST

	22,734	1,123	2,245	1,241,690

*Costs for notifications are based on January 2006 Office of Personnel Management labor statistics for Federal Workers.  Costs are estimated

using the following rates: technical at $48, management at $80, and clerical at $28.

**Costs associated with certification applications are based on a technical rate of $40.

***EPA hours per operation for presentation purposes have been rounded to whole hours, but is estimated at approximately 2.3 hours in estimating total costs.

costs are $48 for technical personnel, $80 for management, and $28 for clerical.

	To oversee the certification program for the nonroad SI engine rule, EPA estimated that the Agency’s burden would be approximately 2,500 hours or $100,000.  This was based on projecting 50 hours per week at $40 per hour.  The number of nonroad engine families expected to be certified is 1,077.  The Agency’s burden per engine family would therefore be approximately 2.3 hours.  For the engine families that are stationary only and that will have to conduct all elements of certification, the EPA believes it is appropriate to assume the same level

of effort, i.e., about 2 hours per engine family.  However, for engine families that are currently certified for nonroad use, but that will additionally have to be certified for stationary use (200 engine families), minimal effort is expected to be involved and EPA estimates that the Agency will spend approximately 1 hour of technical labor for these engine families.

	The total annual average burden for the Agency is 25,754 hours and $1,225,064.

	(d)	Estimating the Respondent Universe and Total Burden and Costs

	The respondent universe was estimated using information developed by Power Systems Research.  This information included new engine sales from 1990 to 2002.  The average annual increase in engine sales was added for each year to estimate the 2008-2010 new engine sales.  Information provided by engine manufacturers allowed distribution of the engines by engine type.  The total burden is calculated by adding the cost of performance testing for engine certification and for non-certified engines and the cost of technical, management, and clerical hours per year.  The technical hours are calculated by multiplying the total hours per respondent by the number of respondents per year for each respondent activity.  Management and clerical hours are assumed to be 5 percent and 10 percent of the technical hours, respectively, unless noted otherwise.

	The total cost is calculated by summing the labor and performance testing costs.  The labor costs are determined by multiplying the total labor hours by the total wage rate for each labor category.  Total cost is presented in the far right column of each table (Tables 1-3).

	(e)	Bottom Line Burden Hours and Cost Tables

	(i)	Respondent Tally  A breakdown for each of the collection, reporting, and recordkeeping activities required by the NSPS is presented in Tables 1 through 3.  The estimate of total annual hours requested from the respondents was based on the assumptions outlined in section 6(d) of this supporting statement.  The EPA estimated the respondent burden by totaling the hours for the first 3 years after the implementation of the NSPS for technical, managerial, and clerical staff at the facility, and then dividing that total by three to determine the average annualized burden.  The 3-year summary results are presented in Table 7.  The total number of responses for these respondents over the first 3 years after the implementation of the NSPS is estimated to be 80,674, or an average of 26,891 per year.  For the first 3 years after the implementation of the NSPS, the EPA estimates that industry would expend 31,693 hours annually at a cost of about $10 million per year to meet the recordkeeping and reporting

requirements and requirements related to obtaining engine certification and demonstration of

compliance.

	 (ii)	The Agency Tally  A breakdown for each of the Agency activities required for the NSPS is provided in Tables 4 through 6.  The bottom line Agency burden hours and costs, presented in Table 8, are calculated by totaling the hours per year for technical, managerial, and clerical staff, and by totaling the cost column.  The average annual burden is calculated by dividing the 3-year total by three.  The estimated average annual burden, over the first 3 years, for the Agency would be 25,754 hours at a cost of $1,225,064 per year.

	(iii)	Variations in the Annual Bottom Line  There is very little variation in the number of respondent labor hours for the first three years.  Only a slight increase in the number of engines sold (1.5 percent) makes each subsequent year slightly higher.  The typical number of respondent labor hours is around 2 hours (e.g., year 1: 31,175/16,285 = 1.91).  This represents a total cost to this respondent of $620 (e.g., year 1: $9,849,188/16,285 = $605).

	The total burden and cost estimates for the first 3 years after the NSPS is promulgated are given in Tables 1 through 3 and Table 7.  The slight yearly increase in total activity and TABLE 7.  SUMMARY OF RESPONDENT BURDEN AND COST

 	Number of	Technical	Management	Clerical	Total

Year	Respondents	person-hours	person-hours	person-hours	person-hours Total Cost ($)*

First	16,293	27,190	1,328	2,657	31,175	9,849,188

Second	16,546	27,638	1,351	2,701	31,689	9,851,400

Third	16,799	28,095	1,373	2,746	32,214	10,017,042

Three Year Total	49,637	82,923	4,052	8,104	95,078	29,717,631

Annual Average	16,546	27,641	1,351	2,701	31,693	9,905,877

*Costs are based on December 2005 Bureau of Labor Statistics, Employment Cost Trends total compensation index which includes wages, salaries, and benefits.  Costs

are estimated using the following hourly rates:   technical at $68, management at $81 and clerical at $34, unless noted otherwise in this supporting statement.

TABLE 8.  SUMMARY OF AGENCY BURDEN AND COST

 	Number of	Technical	Management	Clerical	Total

Year	Respondents	person-hours	person-hours	person-hours	person-hours Total Cost ($)*

First	16,293	22,262	1,099	2,198	25,559	1,215,812

Second	16,546	22,296	1,101	2,202	25,599	1,217,690

Third	16,799	22,734	1,123	2,245	26,102	1,241,690

Three Year Total	49,637	67,293	3,323	6,645	77,260	3,675,193

Annual Average	16,546	22,431	1,108	2,215	25,754	1,225,064

*Costs for notifications are based on January 2006 Office of Personnel Management labor statistics for Federal Workers.  Costs are estimated

using the following rates: technical at $48, management at $80, and clerical at $28.

respondent burden and cost is shown in the tables.  In years 1, 2, and 3, the total costs are $9,849,188; $9,851,400; and $10,017,042; respectively (see Tables 1 through 3 and 7).  In the first year, 2,142 engines will be required to submit initial notifications, 3,465 will submit complete certifications for stationary use, 200 engine families will submit applications for nonroad engines to be approved for stationary use, 16,285 engines will record maintenance and 421 emergency engines will be recording their hours of operation during non-emergencies.  In the second year, 2,204 more engines will be required to submit initial notifications, 3,737 will submit complete certifications for stationary use, 200 engine families will submit applications for nonroad engines to be approved for stationary use, 16,538 engines will record maintenance and 427 emergency engines will be recording their hours of operation during non-emergencies.   By

the third year, 2,275 more engines will be required to submit initial notifications, 3,771 will submit complete certifications for stationary use, 200 engine families will submit applications fornonroad engines to be approved for stationary use, 16,791 engines will record maintenance and 433 emergency engines will be recording their hours of operation during non-emergencies.  The total number of agency hours for review of initial notifications increases slightly each year because the number of new engines increases slightly each year.  As estimated, the agency’s effort related to engine certification applications does not change from year to year because the same number of engine families will be certified each year.  The largest portion of agency burden required by the SI NSPS, nearly 90 percent, is reviewing performance tests that demonstrate compliance for engines that are not certified.  The total number of agency hours for years 1, 2, and 3 ranges from 25,559 to 26,102.  The corresponding agency cost for activities during these years ranges from $1,215,812 to $1,241,690 (see Table 8).

	(f)	Reasons for Change in Burden

	This is the initial estimation of burden for this ICR; therefore this section does not apply.

	(g)	Burden Statement

	  The annual public reporting and recordkeeping burden for this collection of information is estimated to average less than 2 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

	EPA has established a public docket for this ICR under Docket ID

No. EPA-HQ-OAR-2005-0030, which is available for public viewing at the Air and Radiation Docket and Information Center, in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available through at http://www.regulations.gov.  Use this site to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  Once in the system, select “Advance Search,” then “Docket Search,” then key in the docket ID number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA.  Please include the EPA Docket ID No. (EPA-HQ-OAR-2005-0030) and the OMB Control Number (2060-NEW) in any correspondence.

PART B OF THE SUPPORTING STATEMENT

	This section is not applicable because statistical methods are not used in data collection associated with this regulation.

					     ATTACHMENT 1

SOURCE DATA AND INFORMATION REQUIREMENTS

Recordkeeping Requirements	40 CFR 60

subpart JJJJ

Maintain records of initial notifications for sources with non-certified engines with a maximum hp greater than or equal to 500.	§60.4245(c)

Maintain records of all maintenance conducted on any SI ICE. §60.4245(a)(2)

Maintain manufacturer’s certification information for any certified engine to demonstrate compliance.	§60.4245(a)(3)

Maintain records of performance testing on any non-certified engine to demonstrate compliance.	§60.4245(a)(4)

Maintain records of the hours of operation spent during non-emergency operation for emergency stationary SI ICE.	§60.4245(b)

Reporting Requirements	40 CFR 60

subparts A and JJJJ

Initial notification requirements for owners/operators of non-emergency non-certified stationary SI ICE with a maximum horsepower greater than or equal to 500 HP. 	§60.7(a)(1)

and

§60.4245(c)

For owners and operators of non-certified stationary SI ICE with a maximum hp greater than 500, a copy of their performance test that demonstrates compliance as conducted in §60.4244.	§60.4245(d)

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[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Notices]
[Page 65301-65302]
[DOCID:fr03no08-35]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP09-6-000, PF07-10-000; Docket Nos. CP09-7-000, PF07-10-
000]

LNG Development Company, LLC (d/b/a/ Oregon LNG); Oregon Pipeline
Company, LLC; Notice of Applications

October 27, 2008.
    Take notice that on October 10, 2008, LNG Development Company, LLC
(d/b/a Oregon LNG) (Oregon LNG), 8100 NE Parkway Drive, Suite 165,
Vancouver, WA 98662, filed an application in Docket No. CP09-6-000
pursuant to section 3(a) of the Natural Gas Act (NGA), 15 U.S.C. 717b
and Parts 153 and 380 of the regulations of the Federal Energy
Regulatory Commission (Commission), 18 CFR parts 153 and 380, for
authorization to site, construct and operate a liquefied natural gas
(LNG) receiving terminal and associated facilities to be located in the
town of Warrenton in Clatsop County, Oregon (collectively, the
Terminal).
    Also take notice that on October 10, 2008, Oregon Pipeline Company,
LLC, (Oregon Pipeline Company), 8100 NE Parkway Drive, Suite 165,
Vancouver, WA 98662, filed pursuant to section 7(c) of the NGA and
Parts 157 and 284 of the Commission's regulations, an application in
Docket No. CP09-7-000, for (1) a certificate of public convenience and
necessity (i) authorizing Oregon Pipeline Company to construct, own and
operate a new natural gas pipeline (Pipeline) and lateral (Lateral)
under Part 157, Subpart A of the Commission's regulations, (ii)
approving the pro forma Tariff submitted herewith, and (iii) approving
the proposed initial rates for service; (2) a blanket certificate
authorizing Oregon Pipeline Company to engage in certain self-
implementing routine activities under Part 157, Subpart F, of the
Commission's regulations; and (3) a blanket certificate authorizing
Oregon Pipeline Company to transport natural gas, on an open access and
self-implementing basis, under part 284, Subpart G of the Commission's
regulations.
    Oregon Pipeline proposes to construct an approximate 121-mile long,
36-inch diameter natural gas pipeline. The proposed Pipeline will
interconnect the Terminal at the Molalla Gate Station (near Molalla,
Oregon) with other natural gas pipelines including the intrastate
Northwest Natural Gas Co. (NW Natural) South Mist Pipeline Extension
(SMPE) and the interstate natural gas transmission system of Williams
Northwest Pipeline Co. The Pipeline will employ a maximum allowable
operating pressure of 1,440 pounds per square inch gauge and, depending
on customer demand, deliverability of up to 1.5 Bscf/d.
    Oregon Pipeline Company also proposes to construct, own and operate
a 9.5-mile long, 24-inch diameter pipeline lateral that will tap off
the Pipeline near milepost 51 and run in an easterly direction to where
it will connect to the NW Natural SMPE, and possibly to the NW Natural
South Mist Feeder Pipeline.
    Any questions regarding the applications should be directed to
Peter Hansen, LNG Development Company, LLC, 8100 NE Parkway Drive,
Suite 165, Vancouver, WA 98662,<PHONE_NUMBER><EMAIL_ADDRESS>or
Lisa M. Tonery, Fulbright & Jaworski L.L.P., 666 Fifth Avenue, New
York, NY 10103,<PHONE_NUMBER><EMAIL_ADDRESS>    The filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://
www.ferc.gov using the eLibrary link. Enter the docket number excluding
the last three digits in the docket number field to access the
document. For assistance, contact FERC at<EMAIL_ADDRESS>or
call toll-free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    On June 19, 2007, the Commission staff granted Oregon LNG's and
Oregon Pipeline Company's request to utilize the Pre-Filing Process and
assigned Docket No. PF07-10-000 to staff activities involved with the
Orgeon LNG Terminal and Oregon Pipeline Company's projects. Now as of
the filing the October 10, 2008 application, the

Pre-Filing Process for this project has ended. From this time forward,
this proceeding will be conducted in Docket Nos. CP09-6-000 and CP09-7-
000, as noted in the caption of this Notice.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
Web site that enables subscribers to receive e-mail notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: November 17, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-26082 Filed 10-31-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 29, 2009 (Volume 74, Number 123)]
[Notices]
[Page 31038]
[DOCID:fr29jn09-65]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0271]

Draft Guidance for Industry on Measures to Address the Risk for
Contamination by Salmonella Species in Food Containing a Pistachio-
Derived Product as an Ingredient; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Guidance for
Industry: Measures to Address the Risk for Contamination by Salmonella
Species in Food Containing a Pistachio-Derived Product as an
Ingredient'' (draft guidance). The draft guidance, when finalized, is
intended to clarify for manufacturers who produce foods containing a
pistachio-derived product as an ingredient that there is a risk that
Salmonella species may be present in the incoming pistachio-derived
product, and to recommend measures to address that risk.

DATES:  Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comment on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments concerning the draft
guidance by August 28, 2009.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Office of Food Safety, Center for Food Safety and
Applied Nutrition (HFS-317), Food and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740. Send two self-addressed adhesive
labels to assist that office in processing your requests. Submit
written comments on the draft guidance to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Submit electronic comments on the draft
guidance to http://www.regulations.gov. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT: Michael E. Kashtock, Center for Food
Safety and Applied Nutrition (HFS-317), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Guidance for Industry: Measures to Address the Risk for
Contamination by Salmonella Species in Food Containing a Pistachio-
Derived Product as an Ingredient.'' This draft guidance is intended to
clarify for manufacturers who produce foods containing a pistachio-
derived product as an ingredient that there is a risk that Salmonella
species (spp.) may be present in the incoming pistachio-derived
product, and to recommend measures to address that risk. Pistachio-
derived products include roasted in-shell pistachios and shelled
pistachios (also called kernels) that are roasted or raw.
    We are issuing this guidance in light of a recent investigation by
FDA and the California Department of Public Health of Salmonella spp.
contamination in pistachio-derived products (Ref. 1). The producer
issued a voluntary recall involving a substantial quantity of its
products. Because the recalled pistachio-derived products were used as
ingredients in a variety of foods, this recall affected many products
and resulted in additional recalls (Ref. 1).
    FDA is issuing this draft guidance as level 1 guidance consistent
with FDA's good guidance practices regulation (21 CFR 10.115). The
draft guidance represents the agency's current thinking on measures to
address the risk for contamination by Salmonella spp. in food
containing a pistachio-derived product as an ingredient. It does not
create or confer any rights for or on any person and does not operate
to bind FDA or the public. An alternate approach may be used if such
approach satisfies the requirements of the applicable statutes and
regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.regulations.gov or at http://www.fda.gov/FoodGuidances.

IV. Reference

    The following reference has been placed on display in the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852 and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday.
    1. FDA, 2009, Pistachio Product Recalls: Salmonella, updated
April 16, 2009.

    Dated: June 18, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-15202 Filed 6-26-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80440-80441]
[FR Doc No: 2015-32575]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Bioject Medical Technologies, Inc., Black Castle Developments
Holdings, Inc. (n/k/a ingXabo Corporation), Catalyst Resource Group,
Inc., SSI International, Ltd., Strike Axe, Inc., and Viper Powersports,
Inc.; Order of Suspension of Trading

December 22, 2015.
    It appears to the Securities and Exchange Commission
(``Commission'') that there is a lack of current and accurate
information concerning the securities of Bioject Medical Technologies,
Inc. (``BJCT \1\'') (CIK No. 810084), an Oregon corporation located in
Tigard, Oregon with a class of securities registered with the
Commission pursuant to Exchange Act Section 12(g) because it is
delinquent in its periodic filings with the Commission, having not
filed any periodic reports since it filed a Form 10-Q for the period
ended September 30, 2011. On April 28, 2015, the Commission's Division
of Corporation Finance (``Corporation Finance'') sent a delinquency
letter to BJCT requesting compliance with its periodic filing
requirements but BJCT did not receive the delinquency letter due to its
failure to maintain a valid address on file with the Commission as
required by Commission rules (Rule 301 of Regulation S-T, 17 CFR
232.301 and Section 5.4 of EDGAR Filer Manual). As of December 9, 2015,
the common stock of BJCT was quoted on OTC Link operated by OTC Markets
Group Inc. (formerly ``Pink Sheets'') (``OTC Link''), had ten market
makers, and was eligible for the ``piggyback'' exception of Exchange
Act Rule 15c2-11(f)(3).
---------------------------------------------------------------------------

    \1\ The short form of each issuer's name is also its stock
symbol.
---------------------------------------------------------------------------

    It appears to the Commission that there is a lack of current and
accurate information concerning the securities of Black Castle
Developments Holdings, Inc. (n/k/a ingXabo Corporation) (``BCDH'') (CIK
No. 1072971), a Nevada corporation located in Fresno, California with a
class of securities registered with the Commission pursuant to Exchange
Act Section 12(g) because it is delinquent in its periodic filings with
the Commission, having not filed any periodic reports since it filed a
Form 10-12G on April 16, 2012. On February 19, 2015, Corporation
Finance sent a delinquency letter to BCDH requesting compliance with
its periodic filing requirements but BCDH did not receive the
delinquency letter due to its failure to maintain a valid address on
file with the Commission as required by Commission rules (Rule 301 of
Regulation S-T, 17 CFR 232.301 and Section 5.4 of EDGAR Filer Manual).
As of December 9, 2015, the common stock of BCDH was quoted on OTC
Link, had seven market makers, and was eligible for the ``piggyback''
exception of Exchange Act Rule 15c2-11(f)(3).
    It appears to the Commission that there is a lack of current and
accurate information concerning the securities of Catalyst Resource
Group, Inc. (``CATA'') (CIK No. 106311), a Florida corporation located
in Huntington Beach, California with a class of securities registered
with the Commission pursuant to Exchange Act Section 12(g) because it
is delinquent in its periodic filings with the Commission, having not
filed any periodic reports since it filed a Form 10-Q for the period
ended June 30, 2012. On February 19, 2015, Corporation Finance sent a
delinquency letter to CATA requesting compliance with its periodic
filing requirements but CATA did not receive the delinquency letter due
to its failure to maintain a valid address on file with the Commission
as required by Commission rules (Rule 301 of Regulation S-T, 17 CFR
232.301 and Section 5.4 of EDGAR Filer Manual). As of December 9, 2015,
the common stock of CATA was quoted on OTC Link, had seven market
makers, and was eligible for the ``piggyback'' exception of Exchange
Act Rule 15c2-11(f)(3).
    It appears to the Commission that there is a lack of current and
accurate information concerning the securities of SSI International,
Ltd. (``SSIT'') (CIK No. 1455982), a revoked Nevada corporation located
in Reno, Nevada with a class of securities registered with the
Commission pursuant to Exchange Act Section 12(g) because it is
delinquent in its periodic filings with the Commission, having not
filed any periodic reports since it filed a Form 10-K for the period
ended October 31, 2011. On February 19, 2015, Corporation Finance sent
a delinquency letter to SSIT requesting compliance with its periodic
filing requirements but SSIT did not receive the delinquency letter due
to its failure to maintain a valid address on file with the Commission
as required by Commission rules (Rule 301 of Regulation S-T, 17 CFR
232.301 and Section 5.4 of EDGAR Filer Manual). As of December 9, 2015,
the common stock of SSIT was quoted on OTC Link, had three market
makers, and was eligible for the ``piggyback'' exception of Exchange
Act Rule 15c2-11(f)(3).

    It appears to the Commission that there is a lack of current and
accurate information concerning the securities of Strike Axe, Inc.
(``SKAX'') (CIK No. 1438945), a void Delaware corporation located in
Lombard, Illinois with a class of securities registered with the
Commission pursuant to Exchange Act Section 12(g) because it is
delinquent in its periodic filings with the Commission, having not
filed any periodic reports since it filed a Form 10-Q for the period
ended August 31, 2012. On April 28, 2015, Corporation Finance sent a
delinquency letter to SKAX requesting compliance with its periodic
filing requirements but SKAX did not receive the delinquency letter due
to its failure to maintain a valid address on file with the Commission
as required by Commission rules (Rule 301 of Regulation S-T, 17 CFR
232.301 and Section 5.4 of EDGAR Filer Manual). As of December 9, 2015,
the common stock of SKAX was quoted on OTC Link, had four market
makers, and was eligible for the ``piggyback'' exception of Exchange
Act Rule 15c2-11(f)(3).
    It appears to the Commission that there is a lack of current and
accurate information concerning the securities of Viper Powersports,
Inc. (``VPWI'') (CIK No. 1337213), a defaulted Nevada corporation
located in Auburn, Alabama with a class of securities registered with
the Commission pursuant to Exchange Act Section 12(g) because it is
delinquent in its periodic filings with the Commission, having not
filed any periodic reports since it filed a Form 10-K for the period
ended December 31, 2012. On April 22, 2015, Corporation Finance sent a
delinquency letter to VPWI requesting compliance with its periodic
filing requirements but VPWI did not receive the delinquency letter due
to its failure to maintain a valid address on file with the Commission
as required by Commission rules (Rule 301 of Regulation S-T, 17 CFR
232.301 and Section 5.4 of EDGAR Filer Manual). As of December 9, 2015,
the common stock of VPWI was quoted on OTC Link, had eight market
makers, and was eligible for the ``piggyback'' exception of Exchange
Act Rule 15c2-11(f)(3).
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EST on December 22, 2015, through 11:59
p.m. EST on January 6, 2016.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-32575 Filed 12-22-15; 4:15 pm]
 BILLING CODE P


[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]
[Page 24066-24069]
[DOCID:fr22my09-110]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]

Hours of Service (HOS) of Drivers; Application of American
Pyrotechnics Association (APA) for Exemption From the 14-Hour Rule
During Independence Day Celebrations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The American Pyrotechnics Association (APA) has applied for a
limited exemption from FMCSA's regulation that drivers of commercial
motor vehicles (CMVs) may not drive after the 14th hour after coming on
duty. The exemption would apply solely to the operation of CMVs by 14
designated APA motor carriers in conjunction with staging fireworks
shows celebrating Independence Day during the periods June 28-July 8,
2009, and June 28-July 8, 2010, inclusive. During these two periods,
the approximately 100 CMV drivers employed by these 14 APA motor
carriers in conjunction with staging fireworks shows would be allowed
to exclude off-duty and sleeper-berth time of any length from the
calculation of the 14 hours. These drivers would not be allowed to
drive after accumulating a total of 14 hours of on-duty time, following
10 consecutive hours off duty, and would continue to be subject to the
11-hour driving time limit, and the 60- and 70-hour on-duty limits. The
APA maintains that the terms and conditions of the limited exemption
would ensure a level of safety equivalent to, or greater than, the
level of safety achieved without the exemption.

DATES: This exemption would be effective during the periods of June 28,
2009, through July 8, 2009, inclusive, and June 28, 2010, through July
8, 2010, inclusive. The exemption would expire on July 9, 2010.
Comments must be received on or before June 8, 2009.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2007-28043 by any of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Telefax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590, between
9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal
holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading

below. Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Docket: 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 dockets, or go to the street
address listed above.
    Privacy Act: You may search the electronic form of all comments
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 the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19476) or you may visit http://
DocketInfo.dot.gov.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You may obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket, and we will
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, FMCSA
Driver and Carrier Operations Division, Office of Bus and Truck
Standards and Operations: Telephone:<PHONE_NUMBER>. E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide FMCSA authority to grant exemptions from its
motor carrier safety regulations, including the hours-of-service (HOS)
rules. The procedure for requesting an exemption is prescribed in 49
CFR part 381. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted,
and to comment on the request. The Agency may grant an exemption for up
to 2 years.
    The Agency reviews the safety analyses and public comments and may
grant the exemption if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption'' (49 CFR 381.305). The
decision of the Agency must be published in the Federal Register (49
CFR 381.315(b)) with the reason for denying or, in the alternative, the
specific person or class of persons receiving the exemption, and the
regulatory provision or provisions from which the exemption is granted.
The notice must also specify the effective period of the exemption (up
to 2 years), and explain the terms and conditions of the exemption.

APA Application for Exemption

    The HOS rules in 49 CFR 395.3(a)(2) prohibit a property-carrying
CMV driver from driving after the 14th hour after coming on duty
following 10 consecutive hours off duty. APA, a trade association
representing the domestic fireworks industry, has applied for an
exemption from this subsection for 14 of its member motor carriers. A
copy of the application is included in the docket referenced at the
beginning of this notice. A list of the 14 APA motor carriers within
the scope of this exemption request is included as an appendix to this
notice.
    The initial APA application for this type of exemption was
submitted in 2004; a copy of it is in this docket. That application
fully describes the nature of the pyrotechnic operations of the CMV
drivers employed by APA-member motor carriers during a typical
Independence Day period. The CMV drivers are trained pyro-technicians
holding a commercial driver's license (CDL) with hazardous materials
(HM) endorsement. They transport fireworks and related equipment by CMV
on a very demanding schedule, often to remote locations. After they
arrive, the APA drivers set-up and stage fireworks shows.
    In 2007, FMCSA granted this same limited exemption to 70 APA-member
motor carriers for their CMV transportation of fireworks for
Independence Day displays in 2007 and 2008 (72 FR 28755, May 22, 2007).
The Agency is not aware of any adverse safety events related to APA
operations during these periods. APA has now applied for the same
limited exemption for 14 additional motor carriers. (APA has also
applied for renewal of the exemption granted in 2007 for 61 of the 70
member-companies.)
    APA is seeking this exemption because compliance with the current
14-hour rule by its members during these two 11-day periods would
impose a substantial economic hardship on numerous cities, towns and
municipalities, as well as the APA companies. To meet the demand for
fireworks under the current HOS rules, APA asserts that its member
companies would be required to hire a second driver for most trips. The
result would be a substantial increase in the cost of the fireworks
shows--beyond the means of many of APA's customers--and would deny many
Americans this important component of their Independence Day
celebration.

Method To Ensure an Equivalent or Greater Level of Safety

    APA believes that this exemption would not adversely affect the
safety of the motor carrier transportation provided by its members
during the two eleven-day periods. According to the APA, without the
extra on-duty time provided by the exemption, safety would decline
because APA drivers would be unable to return to their home base after
each show. They would be forced to park the CMVs carrying HM 1.1G, 1.3G
and 1.4G products in areas less secure than the motor carrier's home
base.
    APA has stated its belief that the operational demands of this
unique industry minimize the risk of a CMV crash. During the exemption
period, these drivers transport fireworks over relatively short routes
from distribution points to the site of the fireworks display, and
normally do so in the early morning when traffic is light. At the site,
they spend considerable time installing, wiring, and safety-checking
the fireworks displays, followed by a period of several hours off duty
in the late afternoon and early evening prior to the shoot. During this
time, the CMV drivers are able to rest and nap, thereby reducing or
eliminating the fatigue accumulated during the day. After the shoot,
they drive the CMVs to the point of origin. This occurs late in the
evening, and thus avoids heavy traffic. Before beginning another duty
day, these drivers must take 10 consecutive hours off duty, the same as
other CMV drivers. APA believes that these operations, conducted under
the terms and conditions of this limited exemption, would provide a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.

Terms and Conditions of the Exemption

Period of the Exemption

    APA's request for exemption from the requirements of 49 CFR
395.3(a)(2) would be effective June 28 through July 8, 2009, inclusive,
and from June 28 through July 8, 2010, inclusive. The requested
exemption would expire on July 9, 2010.

Extent of the Exemption

    This exemption would be restricted to drivers employed by the 14
companies, firms and entities listed in the appendix to this notice.
The drivers would be entitled to a limited exemption from the
requirements of 49 CFR 395.3(a)(2), which prohibits a driver from
driving after the 14th hour after coming on duty and does not permit
off-duty periods to extend the 14-hour limit. Drivers covered by this
exemption would be able to exclude off-duty and sleeper-berth time of
any length from the calculation of the 14-hour limit. This exemption
would be contingent on each driver driving no more than 11 hours in a
14-hour on-duty period. The exemption would further be contingent on
each driver having 10 consecutive hours off duty following 14 hours on
duty prior to beginning a new driving period. The drivers must comply
with all other requirements of 49 CFR part 395.

Preemption

    During the periods the exemption would be in effect, no State would
be permitted to enforce any law or regulation that conflicts with or is
inconsistent with this exemption with respect to a person or entity
operating under the exemption.

Notification to FMCSA

    Each company, firm and entity listed in the appendix to this notice
would be required to notify FMCSA within 5 business days of any
accidents (as defined by 49 CFR 390.5) involving the operation of any
of its CMVs while under this exemption. The notification must include
the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
    c. Driver's name and driver's license number,
    d. Vehicle number and State license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
    i. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.

Termination

    During the exemption periods, FMCSA would retain the authority to
take all steps necessary to protect the public interest, including
revocation of the exemption. Exempt motor carriers and drivers would be
subject to FMCSA monitoring while operating under this exemption. FMCSA
would immediately revoke the exemption for failure to comply with its
terms and conditions.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comments on APA's request for a limited exemption from
the requirements of 49 CFR 395.3(a)(2) for the 14 motor carriers listed
in the appendix to this notice. FMCSA will consider all comments
received by close of business on June 8, 2009. All comments will be
available for examination in the docket listed under the ADDRESSES
section of this notice. The Agency will consider to the extent
practicable comments received in the public docket after the closing
date of the comment period.

    Issued on: May 18, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.

     Appendix to the Notice of Application of American Pyrotechnics
   Association (APA) for a Limited HOS Exemption for 14 Motor Carriers
         During the 2009 and 2010 Independence Day Celebrations
------------------------------------------------------------------------
                      Motor carrier           Address          DOT No.
------------------------------------------------------------------------
1................  Alpha-Lee            4111 FM 2351,            1324580
                    Enterpirses, Inc.    Friendswood, TX
                                         77546.
2................  American Fireworks   7041 Darrow Road,         103972
                    Company.             Hudson, OH 44236.
3................  Atlas Pyrovision     P.O. Box 498,             789777
                    Productions, LLC.    Jaffrey, NH 03452.
4................  Cartwright           1608 Keely Road,          882283
                    Fireworks, Inc.      Franklin, PA 16323.
5................  DDT, LLC--All        4503 E. 460, Pryor,      1606354
                    American             OK 74361.
                    Transport, LLC.
6................  Entertainment        P.O. Box 7160,            680942
                    Fireworks, Inc.      Olympia, WA 98507-
                                         7160.
7................  Fireworks            17034 S 54th              948780
                    Productions of       Street, Chandler,
                    Arizona, Ltd.        AZ 85226.
8................  Fireworks West       3200 West 910             245423
                    Internationale.      North, Logan, UT
                                         84321.
9................  Great Lakes          24805 Marine,            1011216
                    Fireworks.           Eastpointe, MI
                                         48021.
10...............  Hollywood            1567 Antler Point,       1061068
                    Pyrotechnics, Inc.   Eagan, MN 55122.
11...............  Johnny Rockets       4410 N. Hamilton,        1263181
                    Fireworks Display    Chicago, IL 60625.
                    Co.
12...............  Night Magic, Inc...  P.O. Box 294,             557323
                                         Kingsbury, IN
                                         46345.
13...............  Rainbow Fireworks,   76 Plum Ave.,            1139643
                    Inc.                 Inman, KS 67546.
14...............  Victory Fireworks    579 Vincent Lane,         539751
                    Inc.                 Ellsworth, WI
                                         54011.
------------------------------------------------------------------------

[FR Doc. E9-12056 Filed 5-21-09; 8:45 am]

BILLING CODE 4910-EX-P