Supporting Statement for Information Collection Request Information Requirements for Locomotives and Locomotive Engines ( Renewal)

42 USC 7521 § 206 42 USC 7521 § 213( d) 40 CFR Part 92 December 2004 Certification and Compliance Division Office of Transportation and Air Quality Office of Air and Radiation U. S. Environmental Protection Agency  2 1. Identification of the Information Collection 1 ( a) Title and Number of the Information Collection Information Requirements for Locomotive and Locomotive Engines ( Renewal), EPA ICR Number 1800.03, OMB Number 2060 0392.

1( b) Short Characterization Under Title II of the Clean Air Act ( 42 U. S. C. 7521 et seq.; CAA), EPA is charged with issuing certificates of conformity for those locomotives and locomotive engines that comply with applicable emission standards. Such a certificate must be issued before locomotives and locomotive engines may be legally introduced into commerce. To apply for a certificate of conformity, manufacturers and remanufacturers of locomotives and locomotive engines are required to submit descriptions of their planned production, including detailed descriptions of emission control systems and test data. This information is organized by " engine family" groups expected to have similar emission characteristics and is submitted every year, at the beginning of the model year. There are also recordkeeping requirements.

Those locomotive and locomotive engine manufacturers and remanufacturers electing to participate in the Averaging, Banking and Trading ( AB& T) Program are also required to submit information regarding the calculation, actual generation and usage of credits in quarterly reports, and an end of the year report. These reports are used for certification and enforcement purposes. Participants will also maintain records for eight years on the engine families included in the program.

The Act also mandates EPA verify that manufacturers have successfully translated their certified prototype engines into mass produced engines, and that these engines comply with emission standards throughout their useful lives. Under the Productionline Testing ( PLT) Program, manufacturers are required to test a sample of engines as they leave the assembly line. The Installation Audit Program requires remanufacturers to audit the installation of a sample of remanufactured engines. These selfaudit programs ( collectively referred to as the " PLT Program") allow manufacturers and remanufacturers to monitor compliance with statistical certainty and minimize the cost of correcting errors  3 through early detection. Under the In use Testing Program ( Inuse manufacturers and remanufacturers are required to test locomotives after a number of years of use to verify that they comply with emission standards throughout their useful lives.

This information is collected by the Engine Programs Group ( EPG), Certification and Compliance Division ( CCD), Office of Transportation and Air Quality ( OTAQ), Office of Air and Radiation ( OAR), U. S. Environmental Protection Agency ( EPA). Besides CCD, this information could be used by the Office of Enforcement and Compliance ( OECA) and the Department of Justice for enforcement purposes. Non confidential portions of the applications are also disclosed in a public database and over the Internet. This information is used by trade associations, environmental groups, and the public. The information is usually submitted in an electronic format, and it is stored in EPG's certification database.

It has been estimated that a total of 7 locomotive and locomotive engine manufacturers and remanufacturers will respond to this collection with an approximate cost of $ 1,330,289.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection Locomotive and locomotive engine manufacturers may not legally introduce their products into US commerce unless EPA has certified that their production complies with applicable emission standards. To ensure compliance with these statutes, EPA reviews product information and manufacturers' test results. EPA may also tests some locomotives and locomotive engines to confirm manufacturers' results.

EPA's emission certification programs are statutorily mandated; the agency does not have discretion to cease these functions. Under Section 206( a) of the CAA ( 42 USC 7521):

" The Administrator shall test, or require to be tested in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by a manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under § 202 of this Act. If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period ( not  4 in excess of one year) as he may prescribe."

This provision is extended to nonroad engines and vehicles pursuant to § 213( d) of the CAA.

EPA also conducts, under 40 CFR 92 subpart D, an Averaging, Banking, and Trading ( AB& T) Program. This program is one of many regulatory features designed to enhance the compliance flexibility for and reduce the burden on the affected engine manufacturers, without compromising the expected emissions benefit derived from these emissions standards.

Section 206( b)( 1) of the Act authorizes EPA to require testing of new vehicles and engines to verify compliance. The requirements of the Locomotive Production Line Testing Program are codified at 40 CFR 92, Subpart F.

Section 207( b) of the Acts mandates the establishment of methods and testing procedures to ascertain whether certified engines in actual use in fact comply with applicable emission standards throughout their useful lives. The In use Testing Program procedures for locomotives are codified at 40 CFR 92, subpart G.

2( b) Practical Utility/ Users of the Data EPA uses the information requested under this collection to verify and support a three stage compliance assurance system envisioned in the CAA. The certification information is needed to verify that the proper prototype engines have been selected to represent each locomotive family ( group of locomotives expected to have similar emission characteristics), and that the necessary testing has been performed to assure that each locomotive family complies with emission standards. Based on this information, EPA issues a certificate of conformity. However, prototypes are often hand built and not typical of assembly line engines.

The information collected under the PLT program is used to verify that manufacturers and remanufacturers have successfully translated their prototypes into mass produced engines. Engines are taken directly from the assembly line and tested.

In use testing is design to determine if locomotives maintained in accordance with the manufacturer's or remanufacturer's instructions still emit at acceptable levels  5 after a number of years of actual use. If a family of locomotives is found not to comply, manufacturers are required to recall the family.

The AB& T program allows manufacturers to generate emission credits. Under averaging, a manufacturer could certify one or more engine families within its product line at levels above the emission standard, provided the increased emissions are offset by emission reductions from one or more families certified below the standard. The average emissions ( weighted by horsepower and production) from all the manufacturer's engine families involved in the program in a given model year must be at or below the emission standard. The banking program allows manufacturers to bank credits generated in one model year for use in averaging or trading in subsequent model years. The trading program allows credit transactions between manufacturers.

The information will be received and used by EPG, CCD, OTAQ, OAR. Non confidential portions of the information submitted to EPG is available to and used by importers, environmental groups, members of the public and state and local government organizations.

3. Nonduplication, Consultations and Other Collection Criteria 3( a) Nonduplication The information requested under this ICR is required by statute. Because of its specialized ( and sometimes confidential) nature, and the fact that most of it must be submitted to EPA before locomotives and locomotive engines can be sold, the information collected is not available from any other source. Furthermore, some of the information requested under the AB& T program   such as actual sales volumes is claimed as confidential business information ( CBI) by manufacturers; therefore EPA can only obtain it if manufacturers submit it. Participation in the AB& T program is voluntary.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of the public comment period for this ICR renewal was published in the Federal Register ( 69 FR 34158) on June 18, 2004. A copy of this FR notice is provided in Appendix 1. Only one comment was received and was directed to several ICRs, not only to 1722.04.  6 The commenter expressed concerns that engine emissions affect human health and EPA should " insist on zero emissions" for all nonroad engines included in the FR notice.

3( c) Consultations EPA consulted less than ten past respondents regarding this information collection burden.

Contact: Steve Fritz Company: Southwest Research Institute ( testing laboratory) Phone: 210 522 3645 Contact: Vish Talekar Company: General Electric ( locomotive manufacturer) Phone: 814 875 6924 3( d) Effects of Less Frequent Collection The CAA states that emission certification must be done on a yearly basis ( CAA 206( a)( 1)), coinciding with the industry's ` model year'. Major product changes typically occur at the start of a model year. For these reasons, a collection frequency of less than a model year is not possible. However, when an engine design is " carried over" to a subsequent model year, the amount of new information required is substantially reduced. This applies to both manufacturers and remanufacturers.

Entities electing to engage in emission credit trades or transfers must submit quarterly reports of their holdings or receipts when their credits are gain or lost. The number of credits generated or lost is proportional to the number of engines produced; therefore, it is best for manufacturers trading credits to update their credit calculations every quarter when they update their internal production volume reports. This ensures that the manufacturer holds valid credits and warns manufacturers in advance of the need to acquire credits. Manufacturers must not have a negative credit balance at the end of the year.

Production line testing ( PLT) reports must also be submitted on a quarterly basis for similar reasons. Manufacturers are required to test up to one percent of their production at random to ensure that mass produced locomotives and locomotive engines comply with emission requirements. ( Remanufacturers are required to conduct PLT testing only if EPA believes that a problem might exist.) If a problem is found, manufacturers must correct it and  7 might need to recall locomotives or locomotive engines that have already been sold. By conducting this quality control testing on a quarterly basis, manufacturers learn about any problems early and are, therefore, able to minimize costs.

In use testing reports must be submitted once per year, within three months of the completion of the required testing. Manufacturers and remanufacturers are only required to test one engine or locomotive family per year. Providing this information to EPA at a less frequent interval would compromise the Agency's ability to expeditiously evaluate the emissions results and determine, in a timely manner, whether in use locomotives conform to emission standards. Any delay in making such a determination reduces the universe of locomotives which will be reached by the recall because both engine scrappage and owners' unwillingness to participate in recalls increase with the age of the locomotive.

3( e) General Guidelines According to 40 CFR 92.215( a)( 3), 92.308( d) and 92.509( b), certification, AB& T and PLT related records must be maintained for eight years. However, " records may be retained as hard copy or reduced to computer disks, etc., depending on the record retention procedures of the manufacturer or remanufacturer", provided that in every case all the information contained in the hard copy is retained. These recordkeeping requirements stem mainly from the statutory requirement to warrant some items for long periods of time and because locomotive have extremely long useful lives. In addition, the manufacturers must comply with requirements to recall vehicles and engines failing to meet emission standards during their useful lives.

Manufacturers are required to submit confidential business information such as sales projections and certain sensitive technical descriptions ( please see section 4( b)( i) for reference). This information is kept confidential in accordance with the Freedom of Information Act, EPA regulations at 40 CFR Part 2, and class determinations issued by EPA's Office of General Counsel. Also, non proprietary information submitted by manufacturers is held as confidential until the specific locomotive or locomotive engine to which it pertains is available for purchase.

No other general guideline is exceeded by this information collection.

3( f) Confidentiality  8 Manufacturers and remanufacturers are allowed to assert a claim of confidentiality over information provided to EPA. Confidentiality is provided in accordance with the Freedom of Information Act and EPA regulations at 40 CFR Part 2. For further detail, refer to section 3( e).

3( g) Sensitive Questions No sensitive questions are asked in this information collection.

4. Respondents and Information Requested 4( a) Respondents/ NAICS Codes Respondents are manufacturers of nonroad equipment and engines within the following North American Industry Classification System codes:

333618 Other Engine Equipment Manufacturing 336510 Railroad Rolling Stock manufacturing 482111 Line haul Railroads 4( b) Information Requested To obtain a certificate of conformity, all manufacturers and remanufacturers must describe their products and supply test data to verify compliance. This information is organized by " engine family" groups expected to have similar emission characteristics. The burden associated with certifying a given engine family is reduced after the first production year ( model year), because data and information from previous years can be " carried over" when no significant changes have occurred. For instance, an engine family certified in model year 2001 can be certified in the 2002 model year by " carry over" of data and paperwork from the 2001 model year if no significant changes have occurred to the engine family between model years. Allowing manufacturers and remanufacturers to " carry over" data and paperwork saves them the burden of duplication of data and paperwork which would occur in the absence of such provisions. Manufacturers and remanufacturers must also retain records.

To participate in the AB& T programs, manufacturers and  9 remanufacturers submit calculations of the amount of credits they generate or need to certify each locomotive family, based on each family's emission limit and sales volume. Participation in the program is voluntary.

Information requested under the PLT and In use programs consists mainly of test results and a description of the locomotives tested and the conditions under which the tests took place. This information is essential to determine if locomotives and locomotive engines are in fact complying with emission standards at different stages. Whereas the certification test information tells us that a specific engine prototype is capable of meeting emission standards, PLT data is used to determine if mass produced engines also comply. In use data verifies that engines correctly maintained also meet the standards at 50% to 75% into their useful lives.

( i) Data Items The data items in the Tables A to J are requested under these information collections. Although most of them must be included in the certification application, some of them are only required to be kept in records and submitted upon request, as provided by 92.203( g)( 1) and 92.215.

EPA encourages respondents to apply for a certificate of conformity electronically and is developing a simple electronic application template. A copy of this draft template is attached. A complete application consists of ( 1) a Statement of Compliance, ( 2) a Family Information Entry Form  General Information, ( 3) a set of Engine Data Forms ( Engine Data Forms 1 through 3), ( 4) a Test Information Entry Form ( Main Test Information Form and Aggregate Data Test Information Form), ( 5) a Locomotive Engine Model Information Entry Form and ( 6) a Part Summary Form ( under development). Tables A, B and C list the information items requested in the forms.

The Locomotive Engine Model Information Entry Form is requested to evaluate whether engine families were developed correctly. The information contained in this form allows EPA engineers to know if the engine models were grouped correctly, and, most important, if the test data submitted corresponds to the worst case within that family. The calculation of the engine's rated power, torque, etc., is customary business practice.

The Part Summary Form allows EPA to make sure that locomotives are actually built and engines installed properly and in their certified configurations. This information is used when  10 conducting PLT and installation audits ( see section 4( b)( i)( C) below).

A. Certification:

Table A Information Items Requested Under The Certification Program For each engine family that complies with EPA emission standards and requirements, the manufacturer or remanufacturer must submit the following information items as part of an application for certification.

Information Item Reference in Regulations Statement of compliance 92.203( d)( 13)

Identification and description of the basic engine design including, but not limited to, the engine family specifications 92.203( d)( 1) ( i)

A description of the locomotive design, or of the basic locomotive design on which the engine or remanufactured system will be used, as applicable 92.203( d)( 1) ( ii)

A list of distinguishable configurations ( models) to be included in the family 92.203( d)( 1) ( iii)

An explanation of how the emission control system operates, including, among others, a detailed description of: 92.203( d)( 2)

All emission control system components 92.203( d)( 2) ( i)

Each auxiliary emission control device ( AECD) 92.203( d)( 2) ( iii)

A description of the test locomotive or engine 92.203( d)( 3)

Special or alternate test procedures, if applicable 92.203( d)( 4)  11 A description of the operating cycle and the period of operation necessary to accumulate service hours on the test locomotive or engine and stabilize emission levels 92.203( d)( 5)

A description of all adjustable operating parameters 92.203( d)( 6)

Projected U. S. production information for each configuration 92.203( d)( 8)

A description of the test equipment and fuel proposed to be used 92.203( d)( 9)

All test data obtained by the manufacturer or remanufacturer on each test engine or locomotive 92.203( d) ( 10)

Intended useful life 92.203( d)( 11)

Deterioration factors 92.203( d)( 12) 92.206( b)

At the Administrator's request, the manufacturer or remanufacturer must supply such additional information as may be required to evaluate the application 92.203( e)

If, after a review, EPA determines additional testing is required, the manufacturer or remanufacturer must provide required test data within 30 days or cease production of the affected locomotives or engines. 92.210( e)( 2)

Table B Recordkeeping requirements  Certification Program Manufacturers and remanufacturers must keep certificationrelated records for eight years ( 92.215( a)( 3) except routine emission records. Routine emission records must be kept for only one year. Per 92.215( a)( 6), EPA can void any certificate ab initio for a locomotive or engine family for which the manufacturer or remanufacturer does not keep adequate records or fails to provide them upon request by the Agency. Per  12 92.215( a)( 4), EPA can require manufacturers and remanufacturers to submit or retain additional information not specifically listed here. Manufacturers and remanufacturers must also provide access to duly identified EPA officials to any records or facilities where the information was gathered ( i. e., testing facilities; 92.215( d)).

General records:

Identification and description of all locomotives or locomotive engines for which testing is required 92.215( a)( 1)( i)

Description of emission control systems 92.215( a)( 1)( ii)

Description of test procedures 92.215( a)( 1)( iii)

Description of all certification applications filed 92.215( a)( 1)( iv)

Individual Records:

A brief history of all test engines 92.215( a)( 2)

A descriptions of any modifications made to the test engine 92.215( a)( 2)( i)( A)

A complete record of all emission tests performed 92.215( a)( 2)( i)( B)

Record and description of all maintenance and other servicing performed 92.215( a)( 2)( i)( C)

Record and description of each test performed to diagnose engine or emission control system performance 92.215( a)( 2)( i)( D)

A brief description of any significant events affecting the vehicle 92.215( a)( 2)( i)( E)  13 Copies of all instructions or explanations regarding the use, repair, adjustment, maintenance, or testing of such locomotive or engine, relevant to the control of crankcase, or exhaust emissions issued by the manufacturer or remanufacturer, for use by other manufacturers or remanufacturers, assembly plants, distributors, dealers, owners and operators. Any material not translated into the English language need not be submitted unless specifically requested by the Administrator. 92.215( b)

Table C For Running Changes When a manufacturer or remanufacturer needs to make changes to a certified engine, or to add an engine model to an already certified engine family, the following information must be submitted. Running changes are submitted using the same electronic format used to apply for a certificate of conformity.

Notification of changes made to the application and request to amend the application 92.210( a)

A full description of the change to be made 92.210( b)( 1)

Engineering evaluations or data showing that engines as modified or added will comply with all applicable emission standards 92.210( b)( 2)

A determination wether the original test fleet selection is still appropriate, and proposed new test fleet selections, if applicable 92.210( b)( 3)

Upon request, test data on the engine changed or added 92.210( c)  14 Supporting documentation, test data and engineering evaluations as appropriate to demonstrate that all affected engines will still meet applicable emission standards 92.210( e)( 1)

Manufacturers or remanufacturers requesting a hearing on EPA's denial or revocation of a certificate of conformity must filed their request within 30 days of EPA's decision. The request must be in writing, and must set forth their objections to EPA's decision and data to support the objections. 92.208( c) ( 7)

The Locomotive Engine Model Information Entry Form is requested to evaluate whether engine families were developed correctly. The information contained in this form allows EPA engineers to know if the engine models were grouped correctly, and, most important, if the test data submitted corresponds to the worst case within that family. The calculation of the engine's rated power, torque, etc., is customary business practice.

The Part Summary Form allows EPA to make sure that locomotives are actually built and engines installed properly and in their certified configurations. This information is used when conducting PLT and installation audits ( see section 4( b)( i)( C) below).

B. Average, Banking and Trading:

Table D Information Items Required Under the Average, Banking and Trading Program Since all new locomotives and locomotive engines are required to meet both the line haul and switch duty cycle standards, manufacturers and remanufacturers can participate in separate line haul and switch AB& T programs. They cannot, however, use credits generated under one program to satisfy the requirements of the other. Credits can only be generated for NOx and PM. Only manufacturers and remanufacturers of new locomotives and new locomotive engines manufactured or remanufactured in the 1999  15 model year or later can participate. Failure to submit and keep accurate information can result in EPA voiding the certificate of the affected family ab initio, among other penalties. The following information must be submitted for each engine family participating in AB& T.

A declaration of intent to include this specific engine family in one or both of the ABT programs. Separate declarations are needed for each program and each pollutant. 92.306( a)( 1)

Family emission limits 92.306( a)( 2)

Detailed calculations of projected emission credits based on quarterly production projections for each participating family and for each pollutant, using the applicable equation and the applicable values 92.306( a)( 3)

If negative credits are generated, the specific source ( manufacturer/ engine family, remanufacturer/ engine family, or transfer) of the credits necessary to offset the credit deficit according to quarterly projected production. 92.306( a)( 3)( i)

If negative credits are generated, state specifically where the quarterly projected credits will be applied 92.306( a)( 3) ( ii)

A statement that the locomotives or locomotive engines for which certification is requested will not, to the best of the manufacturer's or remanufacturer's belief, cause the manufacturer or remanufacturer to have a negative credit balance at the end of the year 92.306( a)( 4)

Based on this information, each manufacturer's certification application must demonstrate:

That at the end of model year production, each engine family has a net emissions balance equal to or greater than zero for any pollutant and program 92.306( b)( 1)  16 That the manufacturer or remanufacturer will obtain sufficient credits to offset negative credits. In cases where credits are being obtained, the identity of the specific source ( manufacturer/ engine family, or remanufacturer/ engine family, or transfer) 92.306( b)( 2)

In cases where credits are being generated/ supplied, their designated use 92.306( b)( 3)

End of year reports including a summary of credit activity, all information included in quarterly reports ( to be submitted within 120 days of the end of the calendar year) 92.306( d) 92.309( c) and ( d)

Quarterly reports ( applicable to those holding or receiving transfers only and to be submitted within 90 days of the end of the calendar quarter) including: 92.309( b)

Source/ recipients of credits, copies of trading contracts, details of pollutants, etc. 92.309( b)( 2)

Details of the engine family, sales, etc., per 92.308( c). 92.309( b)( 2)

A statement accompanying all end of year and quarterly reports certifying the accuracy and authenticity of the reports 92.309( e)

Table E Recordkeeping Requirements Average, Banking and Trading Program Records are to be kept for eight years ( 92.309( d)).

Manufacturers and remanufacturers of locomotive and locomotive engine families:

EPA engine family and configuration 92.308( a)( 1)

Engine identification number 92.308( a)( 2)

Engine build date and model year 92.308( a)( 3)  17 Power rating 92.308( a)( 4)

Purchaser and destination 92.308( a)( 5)

Assembly plant 92.308( a)( 6)

Manufacturers and remanufacturers of engine families:

EPA engine family and model year 92.308( b)( 1)

Family emission Limit 92.308( b)( 2)

Rated horse power for each configuration 92.308( b)( 3)

Projected and actual production/ sales volume for the calendar year 92.308( b)( 4) and ( 5)

Useful life 92.308( b)( 6)

For families participating in trading, the following records must be kept quarterly:

Model year and engine family 92.308( c)( 1)

Actual quarterly and cumulative applicable production/ sales volume 92.308( c)( 2)

Value required to calculate credits 92.308( c)( 3)

Resulting type and number of credits generated/ required 92.308( c)( 4)

How and where credit surpluses are dispersed 92.308( c)( 5)

How and through what means credit deficits are met 92.308( c)( 6)

C. Audit Programs: Manufacturer Production Line Testing ( PLT) Program and Remanufacturer Installation Audit Program Only manufacturers of freshly manufactured locomotive engines are subject to PLT requirements described in Table F. However, if EPA has reasons to believe that there are problems with a remanufacturer's production, the Agency can extend this requirements to that remanufacturer. Remanufacturers are subject to the audit requirements described on Table H. Per 92.215( a)( 4), EPA can require manufacturers and remanufacturers to submit or retain additional information not specifically listed here.  18 Table F Information Items Required Under the Production Line Testing Program Each calendar quarter, manufacturers must conduct testing on a sample of locomotives or locomotive engines taken directly from the assembly line. Per 92.508( e), within 30 days of the end of each quarter, manufacturers must report the following information:

The location and description of the test facilities where testing was conducted 92.508( e)( 1)

Total production and sample size for each engine family 92.508( e)( 2)

Applicable standards and/ or FELs 92.508( e)( 3)

A description of the test locomotives or locomotive engines 92.508( e)( 4)

For each test conducted:

A description of the test locomotive or locomotive engine, including engine family and configuration, year, make, built date, engine ID number, etc. 92.508( e)( 5) ( i)

Location( s) where service accumulation was conducted and description of accumulation procedure and schedule, if applicable 92.508( e)( 5) ( ii)

Test number, date, test procedure used, initial test results before and after rounding, final test results, etc. 92.508( e)( 5) ( iii)

A complete description of any adjustment, modification, repair, preparation, maintenance, and testing which was performed on the test locomotive or locomotive engine 92.508( e)( 5) ( iv)

Any other information the Administrator may request 92.508( e)( 5) ( v)

For each failed locomotive or locomotive engine, a description of the remedy and test results for all retests as required by Sec. 92.512( g) 92.508( e)( 6)  19 The date of the end of the locomotive or locomotive engine manufacturer's model year production for each engine family tested 92.508( e)( 7)

A statement found at 92.508( e)( 8) signed and endorsement by an authorized representative of the manufacturer or remanufacturer 92.508( e)( 8)

Upon request, manufacturers must also submit:

Projected production for each configuration within each engine family for which certification has been requested and/ or approved 92.509( c)( 1)

Number of locomotives or engines, by configuration and assembly plant, scheduled for production. 92.509( c)( 2)

Table G Recordkeeping Requirements Under the Production Line Testing Program Records must be kept for eight years after completion of all testing ( 92.309( b)).

A description of all testing equipment used and each test cell that can be used to perform PLT, in accordance with 92.503 92.309( a)( 1) 92.309( a)( 3)

For each PLT conducted:

The date, time, and location of each test or audit 92.309( a)( 2) ( i)

The method by which the green engine factor was calculated or the number of hours of service accumulated on the test locomotive or locomotive engine when the test began and ended 92.309( a)( 2) ( ii)

The names of all supervisory personnel involved in the conduct of the production line test or audit 92.309( a)( 2) ( iii)  20 A record and description of any adjustment, repair, preparation or modification performed on test locomotives or locomotive engines, giving the date, associated time, justification, name( s) of the authorizing personnel, and names of all supervisory personnel responsible for the conduct of the action 92.309( a)( 2) ( iv)

If applicable, the date the locomotive or locomotive engine was shipped from the assembly plant, associated storage facility or port facility, and the date the locomotive or locomotive engine was received at the testing facility 92.309( a)( 2) ( v)

A complete record of all emission tests or audits performed ( except tests performed directly by EPA), including all individual worksheets and/ or other documentation relating to each test, or exact copies 92.309( a)( 2) ( vi)

A brief description of any significant events during testing not otherwise described, commencing with the test locomotive or locomotive engine selection process and including such extraordinary events as engine damage during shipment. 92.309( a)( 2) ( vii)

Table H Information Items Required Under the Remanufacturer Installation Audit Program Each calendar quarter, remanufacturers must audit the installation of locomotives covered by its certificate( s) of conformity for proper components, component settings and component installations on randomly chosen locomotives in an engine family. Within 30 days of the end of each quarter, remanufacturers must report the following information:

The location and description of the test facilities where the audit was conducted 92.511( g)( 1)

Total production and sample size for each engine family 92.511( g)( 2)  21 Applicable standards and/ or FELs 92.511( g)( 3)

For each audit conducted:

A description of the audit locomotive or locomotive engine, including engine family and configuration, year, make, built date, engine ID number, etc. 92.511( g)( 4) ( i)

Any other information the Administrator may request 92.511( g)( 4) ( ii)

For each failed locomotive or locomotive engine, a description of the remedy and test results for all retests as required by Sec. 92.512( g) 92.511( g)( 5)

A statement found at 92.511( g)( 6) signed and endorsement by an authorized representative of the manufacturer or remanufacturer 92.511( g)( 6)

Table I Suspended Certificates and Hearings When a locomotive or locomotive engine fails PLT or an audit, the certificate of conformity issued to that locomotive or locomotive engine family is suspended, effective from the time the testing of that locomotive or locomotive engine is completed. The affected manufacturer or remanufacturer must then remedy the noncomformity, retest or reaudit, and submit reports with the following information:

A description of the remedy and new test or audits results 92.512( g)( 3)

The reason for the failure, the remedies and the date when the remedies will be implemented 92.512( h)( 1)

A demonstration that the failed engine family does in fact conform 92.512( h)( 2)

Manufacturers and remanufacturers may request a hearing 92.512( j)  22 Within 30 days, the interested party must file two copies of their written request, which must include: 92.513( b)

A statement as to which configuration( s) within a family is to be the subject of the hearing 92.513( c)( 1)

A concise statement of the issues to be raised by the manufacturer or remanufacturer at the hearing 92.513( c)( 2)

A statement specifying reasons why the manufacturer or remanufacturer believes it will prevail on the merits of each of the issues raised 92.513( c)( 3)

A summary of the evidence which supports the manufacturer's or remanufacturer's position on each of the issues raised 92.513( c)( 4)

D. In use Testing Program Table J Information Items Requested Under the Locomotive In use Testing Program Manufacturers and remanufacturers must test, each year, a sample of used locomotives from one of their certified locomotive engine families previously chosen by EPA. If one manufacturer holds certificates for both freshly manufactured engine families and remanufactured engine families, EPA can request the manufacturer to test one engine family of each category ( 92.603( a)( 1)). EPA may request a manufacturer to test more than one engine family if it has reason to believe that engines in an engine family do not comply with in use standards ( 92.603( a)( 2)). Engine families of less than 10 locomotives per year do not need to participate in in use testing ( 92.603( 2)). For each locomotive tested, the manufacturer or remanufacturer must submit the following information within 30 days of completion of the testing:

All results generated 92.607( a)

For each individual locomotive tested:  23 Engine family, and configuration 92.607( a)( 1)

Locomotive and engine models 92.607( a)( 2)

Locomotive and engine serial numbers 92.607( a)( 3)

Date of manufacture and/ or remanufacture( s), as applicable 92.607( a)( 4)

Megawatt hours of use ( or miles, as applicable) 92.607( a)( 5)

Date and time of each test attempt 92.607( a)( 6)

Results ( if any) of each test attempt 92.607( a)( 7)

Results of all emission testing 92.607( a)( 8)

Summary of all maintenance and/ or adjustments performed 92.607( a)( 9)

Summary of all modifications and/ or repairs 92.607( a) ( 10)

Determinations of noncompliance 92.607( a) ( 11)

The statement at 92.607( a)( 12) signed and endorsement by an authorized representative of the manufacturer or remanufacturer 92.607( a) ( 12)

For each engine family tested:

The serial numbers of all locomotive that were excluded from the test sample because they did not meet maintenance requirements 92.607( b)( 1)

The owner of each locomotive( or other entity responsible for the maintenance of the locomotive) 92.607( b)( 2)

The specific reasons why the locomotives were excluded from the test sample 92.607( b)( 3)

( ii) Respondent Activities The activities a manufacturer or remanufacturer need to perform to comply with the requirements of the certification program are as follows:  24 ° Review the regulations and the guidance document ° Develop locomotive and locomotive engine family groups ° Test locomotives and locomotive engines for compliance with emission standards ° Develop deterioration factors ° Data entry and analysis ° Submit the application for certification ° Prepare and submit carry over applications ° Prepare and submit running changes ° Retain and maintain records, and submit them upon request Manufacturers and remanufacturers electing to participate in the AB& T programs will carry out the following activities:

° Review the regulations and the guidance document ° Pre certification activities: ° Determine which engine families will participate in ABT ° Project applicable production volumes for the model year for all participating families ° Submit AB& T information with the certification application ° Gather information about credit sources/ recipients ° Monitor production volumes and engine sales ( customary business practice) ° Develop and submit quarterly reports ° Develop and submit end of year reports ° Store, file, and maintain information as required Activities manufacturers and remanufacturers need to carry out to comply with PLT and audits requirements are:

° Gather/ maintain production data ( customary business practice) ° Read instructions and regulations ° Train personnel ° Project testing needs and plan schedules ° Select engines to be tested ° Inspect engines to be tested ° Test engines ° Enter data and analyze it ° Prepare and submit reports ° Keep records  25 Activities associated with in use testing are:

° Read instructions and regulations ° Train personnel ° Procure locomotives ° Test locomotives ° Enter data and analyze it ° Prepare and submit reports ° Keep records 5. The Information Collected Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities As part of the implementation of the certification programs, EPA officials carry out the following activities:

° Review and interpret regulations, provide guidance ° Gather applications from the industry, enter data into the database ° Review the applications for completeness and accuracy ° Verify that the correct engines have been selected and tested ° Answer questions from manufacturers and the public ° Issue appropriate certificates of conformity ° Periodically perform maintenance or enhance the database ° Make data available to the public, including making it available through the Internet ° Analyze and manage requests for confidentiality ° Determining if " carry over" of data from a previous model year is appropriate or if new testing will be required ° Store, file and maintain data Activities related to AB& T involve:

° Reviewing requirements and providing guidance ° Entering the data into the database ° Receiving quarterly and final reports, reviewing calculations, making sure that the information submitted by manufacturers and remanufacturers is accurate and complete ° Audit manufacturers and remanufacturers reports and files to make sure all participants have zero or positive credit balances at the end of the year ° Keep records  26 To ensure through the PLT Program that mass produced locomotives and locomotive engines do comply with emission standards, EPA must:

° Answer questions from manufacturers, remanufacturers and the public ° Review submissions for format and completeness ° Input data into the database ° Analyze and compare results to standards and FELs ° Request and review additional information as needed ° Take any appropriate enforcement actions ° Keep records of the information submitted and EPA's actions and determinations ° Periodically perform maintenance or make enhancements to the database ° Make data from completed test programs available to the public, including posting it on the Internet ° Analyze and manage requests for confidentiality The EPA activities associated with the implementation of the In use Testing Program are similar:

° Evaluate testing requirements ° Review information and identify engines for testing ( if additional testing is needed) ° Inform manufacturers or remanufacturers of any additional testing required ( if needed) ° Answer manufacturers questions ° Review submissions for format and completeness ° Enter results into the database ° Analyze, compare and file information submitted ° Periodically request and review additional information ° Periodically perform maintenance or make enhancements to the database ° Make data from completed test programs available to the public, including posting it on the Internet ° Analyze and manage requests for confidentiality 5( b) Collection Methodology and Management EPA currently makes extensive use of electronic media in gathering and evaluating information from locomotive and  27 locomotive engine manufacturers and remanufacturers. EPG has developed application templates for locomotive programs and manufacturers and remanufacturers submit most of the information in electronic formats.

Once the electronic applications and reports are received, the information is entered into the Certification Database and reviewed for completeness. If the manufacturer chooses to make hard copy submittals, then EPA manually enters the information into the database. The certification reviewer analyzes the information to ensure compliance with the CAA and applicable regulations.

In the future, the public will be able to access nonconfidential portions of the applications and testing reports by contacting the EPG or through the Engine Certification Information Center at http:// www. epa. gov/ otaq/ certdata. htm.

Currently, manufacturers must submit signed statements of compliance in hard copy. EPA is working to enable e signature, so that we can receive the complete application by electronic transmission directly from the manufacturer, further reducing costs and burden for both the industry and the agency.

5( c) Small Entity Flexibility EPA has exempted remanufactured locomotive and locomotive engines owned by small railroads ( as defined by the Small Business Administration) from the definition of ` new locomotive' and ` new locomotive engine'; thus exempting these remanufactured locomotives and locomotive engines from compliance with certain emission standards and regulations. This is due to the fact that the number of locomotives owned and operated by small railroads is very low and that the contribution of these engines to the sector's emission inventory is considered to be trivial.

Furthermore, EPA has made available to small manufacturers and remanufacturers a streamlined certification program for small businesses, applicable through the 2006 model year design to reduce the financial burden of compliance. Remanufacturers have the option of testing locomotives ( or locomotive engines) using a modified version of the FTP, or testing using a less rigorous alternate procedure, subject to sales restrictions set by EPA.

Under the In use Testing Program, locomotive families of less than 10 locomotives are exempted from the requirements of the program. This provision, found at 92.6039( a)( 2), reduces the cost  28 of the program for manufacturers and remanufacturers with limited production.

Under the other programs included in this ICR ( AB& T and PLT), the information being requested is considered to be the minimum needed to effectively conduct and maintain their integrity. Further measures to simplify reporting for small businesses do not appear prudent or necessary.

5( d) Collection Schedule Collection frequency in the certification program is largely determined by the manufacturer's marketing and product plans. Information must be submitted for each ` model year' that a manufacturer intends to build ( or import) an engine model. A certificate of conformity must be obtained before the start of production ( or importation). Taking these two considerations into account, manufacturers normally submit information on an annual basis and submit their certification applications at their earliest convenience. In use testing reports are also submitted once a year.

AB& T and PLT reports, however, are submitted quarterly, as required by 40 CFR 92.309( b) and 92.508( e).

6. Estimating the Burden and Cost of the Collection Refer to Tables 1 to 4 for details.

6( a) Estimating Respondent Burden Burden estimates were taken from previous ICRs and adjusted to reflect comments from fewer than 10 respondents consulted by EPA.

6( b) Estimating Respondent Costs ( i) Estimating Burden Hours To estimate labor costs, EPA used the Bureau of Labor Statistics' National Industry specific Occupational Wage Estimates ( May 2003) for the Engine and Turbines Industry ( SIC 351) and  29 increased by a factor of 2.1 to account for benefits and overhead. The specific rates used are listed below. These are mean hourly rates.

Table 3 Labor Costs Estimates Occupation SOC Code Number Mean Hourly Rate ( BLS) 110%

Mechanical Engineers 17 2141 $ 30.61 $ 64.28 Engineering Managers 11 9041 $ 46.17 $ 96.96 Lawyers 23 1011 $ 51.83 $ 108.84 Secretaries, Except Legal, Medical and Executive 43 6014 $ 14.79 $ 31.06 ( ii) Estimating Capital and Operations and Maintenance Costs Operation and Maintenance costs associated were estimated at $ 388,158. These expenses include the cost of diskettes, photocopying, postage expenses, calls, maintenance of emission laboratories, and testing costs. Diskettes are used by manufacturers to submit their electronic applications and to keep records.

There are only seven locomotive and locomotive engine manufacturers in the US market. Two of them have in house testing facilities for certification testing and research. The cost of maintaining these laboratories have been estimated at $ 60,000 per year. This estimate include the cost of test fuels, calibration gases and equipment.

Smaller companies and prefer to hire a contractor to conduct the necessary certification emission testing in the contractor's facilities. EPA has estimated that testing at a private facility costs, on average, $ 40,000. This figure includes the cost of gathering both the line haul and switch data required. This is a one time expense per engine family since manufacturers and remanufacturers can carry over emissions data from one model year  30 to the next. This cost has been annualized over the approval period requested for this ICR ( 3 years): $ 40,000/ 3 years = $ 13,333 per year.

The cost of maintaining a laboratory was included only in Table 1, Certification, and omitted in Tables 3, PLT, and Table 4, In use Testing.

Engine manufacturers are required to pay a fee every model year when submitting an application for a certificate of conformity. This fee is requested under the authority of the CAA Section 217. EPA recently published the new schedule of fees in the Federal Register ( 69 FR 26224). Manufacturers and remanufacturers of locomotives and locomotive engines pay a fee of $ 826 per application per model year.

The new fees rule provides for a reduction in fee when " the full fee exceeds 1.0 percent of the projected aggregate retail price of all vehicles or engines covered by that certificate" ( 69 FR 26226, Section F). The reduced fee must not exceed one percent of the aggregate retail price of the vehicles and engines covered by the certificate.

According to the data submitted by respondents in 2004, 9 out of 10 new engine families have more than 10 locomotives. Engine families with less than 10 locomotives are not required to be tested in use. Although manufacturers and remanufacturers are required to test at least two locomotive in each new engine families, they are only required to test one locomotive per " carry over" family. This provision further reduces the financial burden imposed by the In use Program upon manufacturers and remanufacturers. Section 6( d) outlines EPA's estimates of new engine families vs. carry over families.

In assessing the In use Testing Program's financial burden, EPA also factored in the loss of revenue resulting from stopping a locomotive for testing. That cost was calculated to be around $ 2,000 per day for two days of testing. This amounts to $ 4,000 per test or locomotive or $ 666 over the life of this ICR.

Capital costs were covered by the previous ICR and incurred by locomotive and locomotive engine manufacturers at the beginning of the certification program. Therefore, capital costs are excluded from this ICR. EPA does not expect any new locomotive or locomotive engine manufacturers or remanufacturers to enter the US market in the next three years and build its own emission testing laboratories. Other emission testing expenses are included as O& M costs as explained above.  31 ( iii) Capital/ Start Up Costs There are no capital or start up costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)

( iv) Annualizing capital costs There are no capital costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)

6( c) Estimating Agency Burden Table 5 summarizes EPA's labor costs associated with this information collection. These costs are based on 2004 hourly wage rates obtained from the Office of Personnel Management and adjusted by a factor of 1.6 to account for benefits and overhead.

Table 5 Agency Labor Costs Occupation Hourly Rate 160%

Environmental Protection Specialist ( GS 13/ 3) $ 38.01 $ 60.82 Lawyers ( GS 13/ 7) $ 41.46 $ 66.34 Managers ( GS 15) $ 48.03 $ 76.85 The salary of a senior for clerical support is $ 11.81 per hour plus approximately 150% increase for benefits, for a total of $ 17.65. This data was obtained from EPG's financial officer.

6( d) Estimating the Respondent Universe and Total Burden and Costs In model year 2004, EPA received 65 certification applications from 4 manufacturers and 7 remanufacturers. ( Some of the companies in both categories are the same; the actual number of companies affected by this collection is seven). About 45 of  32 those applications are " carry overs" . The remaining 20 applications represent new engine families for which new emissions data was collected.

Three respondents are currently participating in the AB& T program with 19 engine families. All manufacturers and remanufacturers must participate in the PLT and In use Testing Programs.

6( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally Table 7 Total Estimated Respondent Burden And Cost Summary Program Number of Respon Number of Activities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Total Costs Certification 7 9 3,368 $ 185,988 0 $ 416,322 $ 602,310 AB& T 3 7 964 $ 59,074 0 $ 21 $ 59,095 PLT 7 10 10,697 $ 592,794 0 $ 2,568 $ 595,362 In use Testing 7 7 2,045 $ 104,275 0 $ 965,114 $ 1,069,389 Total 7 33 17,074 $ 942,131 0 $ 1,384,025 $ 2,326,156 ( ii) The Agency Tally Table 8 Total Estimated Agency Burden And Cost Summary  33 Program Number of Respon Number of Act ivities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Total Certification 7 11 1,766 $ 138,039 0 $ 1,835 $ 139,874 AB& T 3 4 41 $ 2,389 0 $ 5 $ 2,394 PLT 7 4 460 $ 25,043 0 $ 77 $ 25,162 In use 7 4 343 $ 19,917 0 $ 119 $ 20,036 Total 7 23 2,610 $ 185,388 0 $ 1,085 $ 186,473 6( f) Reasons for change in burden Current ICR Burden: 17,074 hours Previous ICR Burden: 11,121 hours Change: 5,953 hours There is an increase of 5,953 hours in the total estimated burden for ICR 1800.03 currently identified in the OMB Inventory of Approved ICR Burdens. This increase is due to an increase in the total number of applications for certification submitted under this collection. Although the number of respondents remains the same ( seven), EPA had previously estimated that they would only submit approximately 20 applications for certification. In model year 2004, they submitted a total 65 applications.

6( g) Burden Statement Locomotive and locomotive engine manufacturers spend, on average, 2,439 hours in emission certification and compliance activities.

These estimates include time to review applicable regulations and guidance documents, generate and gather the necessary information, submit applications and reports, and maintain records.

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 EPA. 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  34 collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An EPA 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.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OAR 2004 0062, 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 B102, 1301 Constitution Avenue, NW, Washington, D. C. 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 ( 202) 566 1744, and the telephone number for the Air and Radiation Docket and Information Center is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET 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. When in the system, select " 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, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OAR 2004 0062 and OMB Control Number 2060 0392 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48276-48278]
[FR Doc No: 2019-19837]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR 100

[Docket Number USCG-2019-0768]
RIN 1625-AA08

Special Local Regulation; Tennessee River, Florence, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Tennessee River from mile 255 to 257 on September 14,
2019. This special local regulation is needed to protect personnel,
vessels, and the marine environment from potential hazards created
during the Shoals Dragon Boat Festival. Entry into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 9 a.m. through 4 p.m. on September
14, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0768 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer First Class Nicholas Jones, Marine Safety
Detachment Nashville U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good

cause finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. It is impracticable to publish an NPRM because we must
establish this special local regulation by September 14, 2019 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is necessary to respond to the potential safety hazards associated with
the boat festival.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential safety needs associated with the Shoals Dragon Boat
Festival event on September 14, 2019 present a safety concern. The
purpose of this rule is to ensure the safety of the Shoals Dragon Boat
Festival participants within the regulated area before, during, and
after the scheduled times.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation on the
Tennessee River from mile 255 to mile 257 on September 14, 2019 from 9
a.m. through 4 p.m. The special local regulation zone is intended to
ensure the safety of the participants of the Shoals Dragon Boat
Festival before, during, and after the scheduled times. Vessels are not
permitted to enter or transit the special local regulation without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the regulated area. This rule is impacts a
two-mile stretch of the Tennessee River from mile 255 to mile 257 from
9 a.m. through 4 p.m. on September 14, 2019. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16
about the regulated area and the rule allows vessels to seek permission
to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit this
temporary regulated area may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in

complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have determined that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves establishing a
temporary special local regulation on the Tennessee River from mile 255
to 257. The regulated area, specified in the discussion portion of this
rule, will be in effect from 9 a.m. through 4 p.m. on September 14,
2019. It is categorically excluded from further review under paragraph
L61 in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0768 to read as follows:

Sec.  100.T08-0768  Special Local Regulation; Tennessee River,
Florence, AL.

    (a) Location. The Tennessee River mile 255 to 257.
    (b) Periods of enforcement. This temporary special local regulation
will be enforced from 9 a.m. through 4 p.m. on September 14, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.35 of this part, entry into this regulated area is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley (COTP) or designated personnel. Persons or vessels desiring to
enter into or pass through the special local regulated area must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter the special local
regulated area must transit at the slowest safe speed and comply with
all lawful directions issued by the COTP or a designated
representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the special local regulation, as
well as any changes in the dates and times of enforcement.

    Dated: September 9, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-19837 Filed 9-12-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Notices]
[Page 47233]
[DOCID:fr15se09-56]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13537-000]

Lock + TM Hydro Friends Fund XXVI, LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

September 4, 2009.
    On July 6, 2009, Lock + TM Hydro Friends Fund XXVI, LLC, filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Old Geezer Hydroelectric
Project, to be located on the Fox River, in Outagamie County,
Wisconsin.
    The proposed Old Geezer Project would be located at the U.S. Army
Corps of Engineers Fox River Lower Appleton Dam in Appleton, Wisconsin.
    The proposed project would consist of: (1) One new underwater frame
module containing nine turbines with a total installed capacity of
about 4.73 megawatts which would be installed in a new concrete conduit
located adjacent to the Corps' active lock; (2) a new removable lock
door; (3) a new switchyard, transformer, and control room which would
be located on the west side of the Corps dam; (4) a new 1000-foot-long,
36.7 kilovolt transmission line, which would deliver power from the
turbines to an existing transformer tie-in bus located at the Corps'
lock and dam facilities; and (5) appurtenant facilities. The Old Geezer
Project would have an estimated average annual generation of about
37,278 megawatts-hours, which would be sold to a local utility.
    Applicant Contact: Mr. Wayne F. Krouse, Managing Partner, Lock +
Hydro Friends Fund XXVI, 5090 Richmond Avenue 390, Houston, TX
77056,<PHONE_NUMBER> x709<EMAIL_ADDRESS>    FERC Contact: John Ramer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's website
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's website located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's website at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13537) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22097 Filed 9-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Notices]
[Pages 77028-77029]
[FR Doc No: 2010-31101]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63443; File No. SR-Phlx-2010-170]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Fees for Direct Access to Exchange Data

December 6, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 24, 2010, NASDAQ OMX PHLX LLC (``Phlx'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes an amendment to the fee schedule to assess
``direct access'' fees on customers receiving Exchange data within the
Exchange's co-location facility. The rule filing also deletes outdated
dated verbiage in the fee schedule to eliminate confusion regarding
application of the fees. The Exchange will implement the proposed
change on December 1, 2010. The text of the proposed rule change is
available on the Exchange's Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    Phlx is amending its fee schedule to correct an anomaly that
effectively exempts certain customers residing within the Exchange's
co-location facility from paying a monthly fee for direct access to
Exchange data, while customers that receive data from an extranet and
reside outside the co-location facility are assessed the fee. The
inequity is a result of the definition of ``direct access'' in the fee
schedule, which does not by its terms clearly apply to data feeds
provided to customers through distributors located within the co-
located facility. This rule filing will expand the definition of
``direct access'' and thereby operate to assess the same fee on all
firms that have access to the Exchange's raw data feeds, whether co-
located or not.
    The Exchange, like other data providers, assesses fees for its real
time market data. In general, a customer that receives a data feed
directly from the Exchange is assessed a ``direct access'' fee. If the
customer then distributes the data, it is a ``distributor'' as defined
under the fee schedule and pays an ``internal'' or ``external''
distributor fee, depending upon whether it distributes the data
internally or externally. A ``distributor'' is broadly defined to
include any entity that distributes the Exchange's data, whether it
receives the data feed directly from the Exchange or indirectly through
another entity. Distributor fees apply to distributors located within
the Exchange's co-location facility as well as those outside of it.
    The definition of what constitutes ``direct access,'' however, is
limited to several types of communications connections, none of which
accurately describe the systems by which data is delivered through
distributors located within the co-location facility to their customers
also located within the co-location facility. As a result, the
distributor's customers in the co-location facility are not charged a
direct access fee, even though they receive the Exchange's data in its
raw data format and have the same low latency data access as non-co-
located extranet customers that pay the Direct Access fee.
    To correct this disparity, this rule filing will include within the
definition of ``direct access'' the receipt of Exchange data within the
co-location facility. It will also delete terms that, while describing
various means by which data is currently accessed, do not clearly or
adequately describe all viable technological means of accessing data.
More specifically, the terms ``Exchange-operated Web site, system or
application'' are deleted, as they are limiting terms that do not
clearly encompass potential technological means of accessing Exchange
data. Their elimination does not impact the fees of any customer
currently assessed a Direct Access fee, but should preclude the need
for future rule changes to the definition of direct access, as the
means by which those same customers access data evolve over time.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\3\ in general, and with
Sections 6(b)(5) of the Act,\4\ in particular. The proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The filing permits
transparent, uniform fees for direct access to Exchange data for all
customers, whether co-located or not.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposed rule change is
consistent with the provisions of Section 6 of the Act,\5\ in general,
and with Section 6(b)(4) of the Act,\6\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which The Exchange operates or controls. In
particular, the Exchange notes that the amendment corrects an anomaly
that effectively exempts certain customers receiving the data from
paying a direct access fee.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml; or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-170 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-170. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2010-170 and should be
submitted on or before January 3, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31101 Filed 12-9-10; 8:45 am]
BILLING CODE 8011-01-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Tuesday, August 1, 2023 11:35 AM
To:
<EMAIL_ADDRESS>Cc:
French, Chuck<EMAIL_ADDRESS>Hansen, Amanda<EMAIL_ADDRESS>Boaggio, Katie<EMAIL_ADDRESS>Subject:
SIGNED: Proposed Amendments to Air Toxics Standards for Coke Ovens and Coke Oven Batteries

Hello David  -  Good morning!

Last night, the U.S. Environmental Protection Agency (EPA) proposed to update and strengthen emission standards for hazardous air pollutants such as benzene, mercury, lead and arsenic that are emitted by coke oven facilities. These proposed amendments would further reduce emissions of hazardous air pollutants, also known as HAP, and improve accountability and compliance assurance at coke oven facilities.

The proposed amendments would fulfill EPA's responsibility under the Clean Air Act to periodically review emission standards to reflect developments in pollution control technologies and techniques, and to establish standards for all types of hazardous air pollutants emitted by regulated facilities.  If finalized, the proposal would establish more protective standards for HAP leaks from doors and other sources at coke oven batteries; establish a fenceline monitoring requirement to ensure that coke oven batteries regularly monitor benzene levels near the facility and take appropriate corrective action if these levels exceed a particular threshold; and establish standards for currently unregulated pollutants, such as mercury and non-mercury metals, emitted by coke ovens.

EPA will be taking public comment on the proposed amendments for 45 days after it is published in the Federal Register. Interested parties can download a copy of the NESHAP for Coke Ovens Pushing, Quenching, and Battery Stacks proposed rule and fact sheet from EPA's website at the following address: https://www.epa.gov/stationary-sources-air-pollution/coke-ovens-pushing-quenching-and-battery-stacks-national-emission

A copy of the proposed rule and fact sheet for the Coke Oven Batteries NESHAP can be found at: https://www.epa.gov/stationary-sources-air-pollution/coke-ovens-batteries-national-emissions-standards-hazardous-air

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.


[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Rules and Regulations]
[Page 19856]
[FR Doc No: 2023-06831]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2023-0225]

Special Local Regulations Northern California and Lake Tahoe Area
Annual Marine Events; Blessing of the Fleet, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the special local regulations for
the annual Blessing of the Fleet Boat Parade on April 30, 2023, to
provide for the safety of life on navigable waterways in the San
Francisco Bay during this event. Our regulation for marine events in
Northern California identifies the regulated area for this event in San
Francisco, CA. During the enforcement period, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
loitering or anchoring in the regulated area, unless authorized by the
designated Patrol Commander (PATCOM) or other Federal, State, or local
law enforcement agencies on scene to assist the Coast Guard in
enforcing the regulated area.

DATES: The regulations in 33 CFR 100.1103 will be enforced for the
location listed in Table 1 to Sec.  100.1103, Item number 1 from 10
a.m. to noon on April 30, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email MST1 Shannon Curtaz-Milian,
Sector San Francisco Waterways Management, U.S. Coast Guard; telephone
(415) 399-7440, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1103, Table 1 to Sec.  100.1103, Item
number 1 for the Blessing of the Fleet regulated area from 10 a.m. to
noon on April 30, 2023. This action is being taken to provide for the
safety of life on navigable waterways during this event. Our regulation
for marine events within Northern California, Sec.  100.1103, specifies
the location of the regulated area for the Blessing of the Fleet Boat
Parade which encompasses portions of the San Francisco Bay. During the
enforcement period, the regulated area will be in effect in the
navigable waters, from surface to bottom, defined by a line drawn from
Bluff Point on the southeastern side of the Tiburon Peninsula to Point
Campbell on the northern edge of Angel Island, and a line drawn from
Peninsula Point to the southern edge of the Tiburon Peninsula to Point
Stuart on the western edge of Angel Island.
    During the enforcement period, under the provisions of 33 CFR
100.1103(b), if you are the operator of a vessel in the regulated area
you must comply with directions from the Patrol Commander (PATCOM) or
any other Official Patrol, defined as a Federal, State, or local law
enforcement agency on scene to assist the Coast Guard in enforcing the
regulated area. During the enforcement period, if you are the operator
of a vessel that participates in the marine event within the regulated
area, you must follow the parade route established by the marine event
sponsor, and comply with directions from the Patrol Commander or other
Official Patrol. The PATCOM or Official Patrol may, upon request, allow
the transit of commercial vessels through regulated areas when it is
safe to do so.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via Local Notice to Mariners. If the Captain of the
Port determines that the regulated area need not be enforced for the
full duration stated in this notice, a Broadcast Notice to Mariners or
other marine broadcast may be used to grant general permission to enter
the regulated area.

    Dated: March 22, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2023-06831 Filed 4-3-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3839-3840]
[FR Doc No: 2020-28777]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 191 and 192

[Docket No. PHMSA-2019-0225]

Pipeline Safety: Frequently Asked Questions on the Gas
Transmission Rule

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notification and request for comments.

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

SUMMARY: PHMSA is seeking public comment on a second set of draft
frequently asked questions (Batch-2 FAQs) to facilitate implementation
of its final rule titled ``Safety of Gas Transmission Pipelines: MAOP
Reconfirmation, Expansion of Assessment Requirements, and other Related
Amendments'' (Gas Transmission Rule).

DATES: Comments on the draft Batch-2 FAQs should be submitted to Docket
No. PHMSA-2019-0225 no later than March 16, 2021.

ADDRESSES:
     E-Gov Web: http://www.regulations.gov. This site allows
the public to enter comments on any Federal Register notice issued by
any agency. Follow the online instructions for submitting comments.
     Mail: Docket Management System: U.S. Department of
Transportation (DOT), West Building, Ground Floor, 1200 New Jersey
Avenue SE, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: DOT Docket Management System: West
Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
between 9:00 a.m. and 5:00 p.m. EST, Monday through Friday, except
federal holidays.
     Fax:<PHONE_NUMBER>.
     Instructions: Identify the Docket Number PHMSA-2019-0225
at the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your comments, include a self-addressed stamped postcard.
Internet users may submit comments at http://www.regulations.gov.
     Privacy Act: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
     Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this document contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this document, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
agency by taking the following steps: (1) Mark each page of the
original document submission containing CBI as ``Confidential,'' (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted, and (3) explain why the
information you are submitting is CBI. Unless you are notified
otherwise, PHMSA will treat such marked submissions as confidential
under FOIA, and the submissions will not be placed in the public docket
of this notification. Submissions containing CBI should be sent to
Chris Hoidal at Pipeline and Hazardous Materials Safety Administration,
Western Region, PHP-500, 12300 W. Dakota Avenue, Suite 110, Lakewood,
CO 80228. Any commentary PHMSA receives that is not specifically
designated as CBI will be placed in the public docket for this matter.
     Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
Follow the online instructions for accessing the dockets.
Alternatively, you may review the documents in person at DOT in the
West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
between 9:00 a.m. and 5:00 p.m. ET, Monday through Friday, except
federal holidays.

FOR FURTHER INFORMATION CONTACT:
    General: Chris Hoidal, Senior Technical Advisor, Office of Pipeline
Safety, by telephone at<PHONE_NUMBER>, or email at<EMAIL_ADDRESS>    Technical: Steve Nanney, Project Manager, Office of Pipeline
Safety, by telephone at<PHONE_NUMBER>, or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA provides written clarification of the
pipeline safety regulations (49 CFR parts

190-199) in the form of periodically updated FAQs and other guidance
materials. On October 1, 2019, PHMSA published amendments to 49 CFR
parts 191 and 192 in the Gas Transmission final rule (84 FR 52180),
which addressed several statutory mandates from the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Pub. L. 112-90).
PHMSA finalized the first set of FAQs (Batch-1 FAQs) to help clarify,
explain, and promote better understanding of the Gas Transmission final
rule. The Batch-1 FAQs were posted to the docket on September 16, 2020.
    PHMSA is requesting public comment on a second set of draft FAQs
(Batch-2 FAQs) pertaining to the Gas Transmission final rule. The
Batch-2-FAQs are intended to help the public understand and implement
necessary changes in response to PHMSA's new regulations. They are in
response to specific questions received from the regulated community,
pipeline safety regulators, and the public. Operators and state
regulators may also request written regulatory interpretations from
PHMSA regarding specific situations in accordance with 49 CFR 190.11.
    While FAQs are provided to help the public understand how to comply
with the regulations, they are not substantive rules themselves and do
not create legally enforceable rights, assign duties, or impose new
obligations not otherwise contained in the existing regulations and
standards. However, an operator who is able to demonstrate compliance
with the FAQs is likely to be able to demonstrate compliance with the
relevant regulations.
    The draft FAQs and other supporting documents are available online
on the Federal eRulemaking Portal, https://www.regulations.gov; search
for Docket No. PHMSA-2019-0225. Before finalizing the draft FAQs, PHMSA
will evaluate all comments received on or before the comment closing
date. Comments received after the closing date will be evaluated to the
extent
    practicable. Once finalized, the FAQs will be posted in the docket
and on PHMSA's public website at https://www.phmsa.dot.gov.

    Issued in Washington, DC on December 22, 2020, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2020-28777 Filed 1-14-21; 8:45 am]
BILLING CODE 4910-60-P