[Federal Register: June 11, 2007 (Volume 72, Number 111)]
[Notices]
[Page 32095-32097]
[DOCID:fr11jn07-44]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0077; FRL-8324-7]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Significant New Alternatives Policy (SNAP) Program
Final Rulemaking Under Title VI of the Clean Air Act Amendments of
1990, EPA ICR Number 1596.06, OMB Control Number 2006-0226

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on December 31, 2007. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before August 10, 2007.

ADDRESSES: Submit your comments, identified by docket ID number EPA-HQ-
OAR-2004-0077, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions for

submitting comments.
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2004-0077, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2004-0077.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0077. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov Web site is an ``anonymous access''

system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. {For additional information about EPA's public docket visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: Monica Shimamura, Stratospheric
Protection Division, Alternatives and Emission Reductions Branch, Mail
Code 6205J, Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW.,

Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 343-2362; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
number EPA-HQ-OAR-2004-0077, which is available for online viewing at
http://www.regulations.gov, or in person at or in person viewing at the

Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8 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 Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft collection of

information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

Docket ID No. EPA-HQ-OAR-2004-0077

    Affected entities: Entities potentially affected by this action are
manufacturers, importers, formulators and processors of substitutes for
ozone-depleting substances.
    Title: Significant New Alternatives Policy (SNAP) Program Final
Rulemaking Under Title VI of the Clean Air Act Amendments of 1990.
    ICR numbers: EPA ICR Number 1596.06, OMB Control Number 2006-0226.
    ICR status: This ICR is scheduled to expire on December 31, 2007.
    Abstract: Information collected under this rulemaking is necessary
to implement the requirements of the Significant New Alternatives
Policy (SNAP) program for evaluating and regulating substitutes for
ozone-depleting chemicals being phased out under the stratospheric
ozone protection provisions of the Clean Air Act (CAA). Under CAA
Section 612, EPA is authorized to identify and restrict the use of
substitutes for class I and class II ozone-depleting substances where
EPA determines other alternatives exist that reduce overall risk to
human health and the environment. The SNAP program, based on
information collected from the manufacturers, formulators, and/or
sellers of such substitutes, identifies acceptable substitutes.
Responses to the collection of information are mandatory under Section
612 for anyone who sells or, in certain cases, uses substitutes for an
ozone-depleting substance after April 18, 1994, the effective date of
the final rule. Under CAA Section 114(c), emissions information may not
be claimed as confidential.
    To develop the lists of acceptable and unacceptable substitutes,
the Agency must assess and compare ``overall risks to human health and
the environment'' posed by use of substitutes in the context of
particular applications. EPA requires submission of information
covering a wide range of health and environmental factors. These
include intrinsic properties such as physical and chemical information,
ozone depleting potential, global warming potential, toxicity, and
flammability, and use-specific data such as substitute applications,
process description, environmental release data, environmental fate and
transport, and cost information. Once a completed submission has been
received, a 90 day review period under the SNAP program will commence.
Any substitute which is a new chemical must also be submitted to the
Agency under the Premanufacture Notice program under the Toxic
Substances Control Act (TSCA). Alternatives that will be used in
pesticide formulations must be filed jointly with EPA's Office of
Pesticide Programs and with SNAP.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 6
hours per respondent. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency.

This includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. The ICR provides a
detailed explanation of the Agency's estimate, which is only briefly
summarized here:
    Estimated total number of potential respondents: 6.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours per respondent: 464.6 hours.
    Estimated total average annual costs per respondent: $12,110.48.
This includes an estimated burden cost of $12,110.48 and an estimated
cost of $0 for capital investment or maintenance and operational costs.
    For persons filing a SNAP Information Notice or petition, the
reporting burden is estimated to average 252.7 hours per year from each
of approximately 6 submitters, with estimated labor costs of roughly
$15,162 and average annualized startup costs of $3153 for gathering
information from each respondent. For persons filing a TSCA/SNAP
Addendum, the reporting burden is estimated to average 46 hours per
year from each of two submitters at a labor cost of $2760 each. For
persons filing a notification of test marketing activity, the reporting
burden is estimated to average 2 hours per year from one submitter at a
cost of $120. For persons keeping records supporting use of a
substitute subject to narrowed use limits, the recordkeeping burden is
estimated to average 27 hours per year from approximately 250 users, at
an average cost of $1620 each. For persons keeping records of a small
volume use, the recordkeeping burden is estimated to average 12 hours
per year from each of approximately ten companies at an average cost of
$720 each. The total burden on respondents is estimated at 8204 hours
per year at a cost of roughly $511,430.

Are There Changes in the Estimates From the Last Approval?

    For persons filing a SNAP Information Notice or petition, the
reporting burden is estimated to average 252.7 hours per year. For
persons filing a TSCA/SNAP Addendum, the reporting burden is estimated
to average 46 hours per year. For persons filing a notification of test
marketing activity, the reporting burden is estimated to average 2
hours per year. For persons keeping records of use of a substitute
subject to narrowed use limits, the recordkeeping burden is estimated
to average 27 hours per year. For persons keeping records of a small
volume use, the recordkeeping burden is estimated to average 12 hours
per year.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 4, 2007.
Brian J. McLean,
Director, Office of Atmospheric Programs.
 [FR Doc. E7-11228 Filed 6-8-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83949-83952]
[FR Doc No: 2023-26445]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-3007]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Registration of Human
Drug Compounding Outsourcing Facilities Under the Federal Food, Drug,
and Cosmetic Act and Associated Fees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by January 2, 2024.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0776. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Registration of Human Drug Compounding Outsourcing Facilities Under
Section 503B of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and
Associated Fees Under Section 744K

OMB Control Number 0910-0776--Extension

    This information collection helps to support implementation of
section 503B of the FD&C Act (21 U.S.C. 353b) and the assessment and
remission of user fees under section 744K of the FD&C Act (21 U.S.C.
379j-62).

A. Registration

    Under section 503B of the FD&C Act a facility that compounds drugs
may elect to register with FDA as an outsourcing facility. Upon
electing to do so, outsourcing facilities must register annually
between October 1 and December 31, providing information that includes
its name, place of business, a unique facility identifier, and a point
of contact's email address and phone number. The outsourcing facility
must also indicate: (1) whether it intends to compound, within the next
calendar year, a drug that appears on our drug shortage list in effect
under section 506E of the FD&C Act (21 U.S.C. 356e) and (2) whether it
compounds from bulk drug substances and, if so, whether it compounds
sterile or nonsterile drugs from bulk drug substances. Registered
outsourcing facilities must submit a drug product report upon initial
registration under section 503B of the FD&C Act and twice each year in
June and December for drug products produced during the previous 6-
month period. We require this data be submitted electronically, unless
a waiver is granted, in structured product labeling (SPL) format.
    Drug products compounded in a registered outsourcing facility can
qualify for exemptions from the FDA-approval requirements in section
505 of the FD&C Act (21 U.S.C. 355), the requirement to label products
with adequate directions for use under section 502(f)(1) of the FD&C
Act (21 U.S.C. 352(f)(1)), and the requirements for drug supply chain
security in section 582 of the FD&C Act (21 U.S.C. 360eee-1) if the
requirements in section 503B of the FD&C Act have been met. We provide
general information and resources on our website at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/human-drug-compounding, including a list of currently registered outsourcing
facilities as required under section 503B of the FD&C Act.

B. Registration Fees

    Upon registration, and in accordance with sections 503B and 744K of
the FD&C Act, facilities are assessed an establishment fee and receive
an annual invoice from FDA with instructions for remitting payment.
Until payment is made for each given fiscal year (FY), an establishment
is not considered to be registered as an outsourcing facility. In
accordance with section 744K of the FD&C Act, certain outsourcing
facilities may qualify for a small business reduction in the amount of
the annual establishment fee. To qualify for this reduction, an
outsourcing facility must submit a written request to FDA certifying
that the entity meets the requirements for the reduction. For each FY a
firm seeks to qualify as a small business and receive the fee
reduction, it must submit to FDA a written request by April 30 of the
preceding FY. For example, an outsourcing facility must have submitted
a written request for the small business reduction by April 30, 2023,
to qualify for a reduction in the FY 2024 annual establishment fee.
    Section 744K of the FD&C Act also requires an outsourcing facility
to submit written requests for a small business reduction in a
specified format: Form FDA 3908 entitled ``Outsourcing Facilities for
Human Drug Compounding: Small Business Establishment Fee Reduction
Request.'' The completed form should be submitted via email to
[email protected]. Form FDA 3908 is available from our
website at: https://www.fda.gov/media/90740/download. In response to
the submission of a small business reduction request, FDA will send a
notification letter of its decision and recommends that applicants
retain the notification.

C. Reinspection Fees

    In accordance with section 503B of the FD&C Act, outsourcing
facilities are subject to inspection and, in accordance with section
744K of the FD&C Act, subject to reinspection fees. A reinspection fee
will be incurred for each reinspection and is intended to reimburse FDA
when a particular outsourcing facility requires reinspection because of
noncompliance identified during a previous inspection. After a
reinspection is conducted, FDA will send an invoice to the email
address indicated in the facility's registration file. The invoice
contains instructions for remitting the reinspection fee. For further
information on human drug compounding outsourcing facility fees, please
visit our website at https://www.fda.gov/industry/fda-user-fee-programs/human-drug-compounding-outsourcing-facility-fees.

D. Dispute Resolution

    Agency regulations under Sec.  10.75 (21 CFR 10.75) provide for
internal Agency review of decisions. Accordingly, an outsourcing
facility may request reconsideration of an FDA decision related to the
fee provisions of section 744K of the FD&C Act. Requests for
reconsideration should include the facility's rationale for its
position that FDA's decision was in error and include any additional
information that is relevant to the outsourcing facility's assertion.
The denial of a request for reconsideration may be appealed by
submitting a written request to FDA, consistent with Sec.  10.75.
    To assist respondents with the information collection provisions,
we have developed Agency guidance documents. The guidance document
entitled ``Registration of Human Drug Compounding Outsourcing
Facilities Under Section 503B of the FD&C Act (November 2014)''
describes the process for electronic submission of

establishment registration information for outsourcing facilities and
provides information on how to obtain a waiver from submitting
registration information electronically. The guidance document entitled
``Fees for Human Drug Compounding Outsourcing Facilities Under Sections
503B and 744K of the FD&C Act (November 2014)'' (Fees for Human Drug
Compounding Outsourcing Facilities guidance) describes the types and
amounts of fees that outsourcing facilities must pay, the adjustments
to fees required by law, how outsourcing facilities can submit payment
to FDA, the consequences of outsourcing facilities' failure to pay
fees, and how an outsourcing facility can qualify as a small business
to obtain a reduction in fees. The guidance documents were issued
consistent with our good guidance practice regulations (21 CFR 10.115),
which provide for public comment at any time, and are available on our
website at https://www.fda.gov/media/87570/download and https://www.fda.gov/media/136683/download, respectively.
    All requests for dispute resolution should be sent via email to the
Division of User Fee Management and Budget Formulation at
[email protected]. If an outsourcing facility does not have
email access, it can mail a request to FDA via the carrier of its
choice. For the most updated physical mailing address, visit this
website: https://www.fda.gov/aboutfda/centersoffices/officeofmedicalproductsandtobacco/cder/ucm382846.htm.
    In the Federal Register of August 15, 2023 (88 FR 55464), we
published a 60-day notice soliciting comment on the proposed collection
of information. No comments were received.
    We estimate the burden of the information collection as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
   Activity; 21 CFR section;                       Number of
  guidance or associated FDA       Number of     responses per   Total annual    Average burden     Total hours
             form                 respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Electronic Submission of                    79               1              79  4.5.............             355
 Registration Information
 Using the SPL Format; 207.61;
 Section III. of the ``eDRLS''
 \2\ guidance.
Waiver Request from Electronic               1               1               1  1...............               1
 Submission of Registration
 Information; 207.65; Section
 VI. of the ``eDRLS'' \2\
 guidance.
Remission of Annual                         76               1              76  0.5 (30 minutes)              38
 Establishment Fee from FDA
 Invoice; Section E.1. of the
 Fees for Human Drug
 Compounding Outsourcing
 Facilities guidance.
Request for Small Business                  18               1              18  25..............             450
 Reduction (Form FDA 3908).
Reinspection Fees; Section C.               12               1              12  0.5 (30 minutes)               6
 of the Fees for Human Drug
 Compounding Outsourcing
 Facilities guidance.
Reconsideration Requests;                    1               1               1  1...............               1
 Section V.B.1. of the Fees
 for Human Drug Compounding
 Outsourcing Facilities
 guidance.
Appeal of Reconsideration                    1               1               1  1...............               1
 Denials; Section V.B.2. of
 the Fees for Human Drug
 Compounding Outsourcing
 Facilities guidance.
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............             188  ................             852
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ ``Providing Regulatory Submissions in Electronic Format--Drug Establishment Registration and Drug Listing''
  (May 2009; available at: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/providing-regulatory-submissions-electronic-format-drug-establishment-registration-and-drug-listing).

    We estimate 79 respondents annually will submit outsourcing
facility registrations using the SPL format as specified in Agency
guidance and assume each registration will require 4.5 hours to prepare
and complete. We expect no more than one waiver request from the
electronic submission requirement annually and assume each waiver
request will require 1 hour to prepare and submit. We estimate each of
the 76 registrants will remit annual establishment fees and assume this
task requires 30 minutes per respondent. We estimate that 18 of those
respondents will request a small business reduction in the amount of
the annual establishment fee using Form FDA 3908.
    We estimate 12 outsourcing facilities annually will remit
reinspection fees and assume this will require 30 minutes. We also
estimate that we will receive one request for reconsideration and one
appeal of a denial of a request for reconsideration and assume 1 hour
per respondent for this activity.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of                     Average burden
           Activity                Number of      records per    Total annual          per          Total hours
                                 recordkeepers   recordkeeper       records       recordkeeping
----------------------------------------------------------------------------------------------------------------
Retention of Small Business                 18               1              18  0.5 (30 minutes)               9
 Designation Notification
 Letter.
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    We estimate that annually 18 outsourcing facilities will maintain a
copy of their small business designation letter and that maintaining
each record will require 30 minutes. These estimates reflect a slight
increase in the number of annual registrations, but a decrease in
reinspection fee submissions.

    Dated: November 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-26445 Filed 11-30-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Page 47054]
[FR Doc No: 2017-21705]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 10:00 a.m. on Wednesday, October 11, 2017.

PLACE: Auditorium, Room L-002.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Commission will consider whether to
propose amendments based on the recommendations in the staff's Report
on Modernization and Simplification of Regulation S-K, as required by
Section 72003 of the Fixing America's Surface Transportation Act, and
to modernize and simplify certain disclosure requirements in Regulation
S-K and related rules and forms. The Commission also will consider
certain parallel amendments to investment company and investment
adviser rules and forms.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.

    Dated: October 4, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-21705 Filed 10-5-17; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59454-59455]
[FR Doc No: 2011-24585]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17a-5(c); SEC File No. 270-199; OMB Control No. 3235-0199.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17a-5(c) (17 CFR
240.17a-5(c)) under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.). The Commission plans to submit this existing collection of
information to the Office of Management and Budget for extension and
approval.
    Rule 17a-5(c) generally requires broker-dealers who carry customer
accounts to provide statements of the broker-dealer's financial
condition to their customers. Paragraph (5) of Rule 17a-5(c) provides a
conditional exemption from this requirement. A broker-dealer that
elects to take advantage of the exemption must publish its statements
on its Web site in a prescribed manner, and must maintain a toll-free
number that customers can call to request a copy of the statements.
    The purpose of the Rule is to ensure that customers of broker-
dealers are provided with information concerning the financial
condition of the firm that may be holding the customers' cash and
securities. The Commission, when adopting the Rule in 1972, stated that
the goal was to ``directly'' send a customer essential information so
that the customer could ``judge whether his broker or dealer is
financially sound.'' The Commission adopted the Rule in response to the
failure of several broker-dealers holding customer funds and securities
in the period between 1968 and 1971.
    The Commission estimates that approximately 244 broker-dealer
respondents carrying approximately 101 million public customer accounts
incur an average burden of 128,000 hours per year to comply with the
Rule.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-

Simon, 6432 General Green Way, Alexandria, Virginia 22312 or send an e-
mail to<EMAIL_ADDRESS>.

    Dated: September 20, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24585 Filed 9-23-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Rules and Regulations]
[Pages 44734-44736]
[FR Doc No: 2020-15741]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0394]
RIN 1625-AA00

Safety Zone; Erie Yacht Club 125th Anniversary Summer Event,
Presque Isle Bay, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of the Lake Shore Towing
barge launching fireworks at the position of 42[deg]07'60'' N
80[deg]08'00'' W. This temporary safety zone is necessary to protect
mariners and vessels from the navigational hazards associated with a
fireworks display. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Buffalo or a designated representative.

DATES: This rule is effective from 8 p.m. through 10:45 p.m. on August
1, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0394 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,
contact LT Sean Dolan, Chief of Waterways Management, U.S. Coast Guard
Sector Buffalo via telephone<PHONE_NUMBER> or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 the event sponsor did not submit
notice to the Coast Guard with sufficient time

remaining before the event to publish an NPRM. Delaying the effective
date of this rule to wait for a comment period to run would be
impracticable and contrary to the public interest by inhibiting the
Coast Guard's ability to protect spectators and vessels from the
hazards associated with this fireworks display.
    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. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP)
Buffalo determined that a maritime fireworks show presents significant
risks to public safety and property. Such hazards include premature and
accidental detonations, dangerous projectiles, and falling or burning
debris. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the fireworks show is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 10:45 p.m.
on August 1, 2020. The safety zone will encompass all waters of the
Presque Isle Bay; Erie, PA contained within a 420-foot radius of
position 42[deg]07'60'' N 80[deg]08'00'' W. The duration of the zone is
intended to ensure the safety of spectators and vessels during the Erie
Yacht Club 125th Anniversary Summer Event fireworks display. No vessel
or person will be permitted to enter the safety zone 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 conclusion
that this rule is not a significant regulatory action. Vessel traffic
will be able to safely transit around this safety zone, which impacts a
small designated area of Presque Isle Bay. The event will also have
built in times where vessels will be able to transit through the safety
zone during breaks. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule will allow vessels to seek permission to enter the zone.

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 the
safety zone 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
call or email 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.

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, Rev. 1, associated implementing instructions, 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
establishes a temporary safety zone. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0394 to read as follows:

Sec.  165.T09-0394  Safety Zone; Erie Yacht Club 125th Anniversary
Summer Event; Presque Isle Bay, Erie, PA.

    (a) Location. The safety zone will encompass a 420-foot radius of
position 42[deg]07'60'' N 80[deg]08'00'' W of Preque Isle Bay, Erie,
PA.
    (b) Enforcement period. This rule is enforced from 8 p.m. until
10:45 p.m. on August 1, 2020.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or her designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or her designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on her
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or her on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or her on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or her on-scene representative.

    Dated: July 10, 2020.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2020-15741 Filed 7-23-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Page 9231]
[FR Doc No: 2012-3628]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 14188-000; 14200-000]

Lock+ Hydro Friends Fund XXVIII; FFP Project 59, LLC; Notice
Announcing Preliminary Permit Drawing

    The Commission has received two preliminary permit applications
deemed filed on May 3, 2011, at 8:30 a.m.,\1\ for proposed projects to
be located on the Kentucky River, in Jessamine County and Garrard
County, Kentucky. The applications were filed by Lock+ Hydro Friends
Fund XXVIII for Project No. 14188-000 and FFP Project 59, LLC for
Project No. 14200-000.
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    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2)
(2011).
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    On February 22, 2012, at 9 a.m. (Eastern Time), the Secretary of
the Commission, or her designee, will conduct a random drawing to
determine the filing priority of the applicants identified in this
notice. The Commission will select among competing permit applications
as provided in section 4.37 of its regulations.\2\ The priority
established by this drawing will be used to determine which applicant,
among those with identical filing times, will be considered to have the
first-filed application.
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    \2\ 18 CFR 4.37 (2011).
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    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First St. NE., Washington, DC
20426. A subsequent notice will be issued by the Secretary announcing
the results of the drawing.

    Dated: February 10, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-3628 Filed 2-15-12; 8:45 am]
BILLING CODE 6717-01-P


treatment unit on which the cover is used. A cover may be a separate
piece of equipment which can be detached and removed from the treatment
unit, or a cover may be formed by structural features permanently
integrated into the design of the treatment unit. The cover and its
closure devices must be made of suitable materials that will prevent
exposure of the waste material to the atmosphere and will maintain the
integrity of the cover and its closure devices throughout its intended
service life.
    Existing source or existing POTW means a POTW that commenced
construction on or before December 1, 1998, and has not been
reconstructed after December 1, 1998.
    Fraction emitted means the fraction of the mass of HAP entering the
POTW wastewater treatment plant which is emitted prior to secondary
treatment.
    Group 1 POTW means a POTW that accepts a waste stream regulated by
another NESHAP and provides treatment and controls as an agent for the
industrial user. The industrial user complies with its NESHAP by using
the treatment and controls located at the POTW. For example, an
industry discharges its benzene-containing waste stream to the POTW for
treatment to comply with 40 CFR part 61, subpart FF--National Emission
Standard for Benzene Waste Operations. This definition does not include
POTW treating waste streams not specifically regulated under another
NESHAP.
    Group 2 POTW means a POTW that does not meet the definition of a
Group 1 POTW. A Group 2 POTW can treat a waste stream that is either:
    (1) Not specifically regulated by another NESHAP, or
    (2) From an industrial user that complies with the specific
wastewater requirements in their applicable NESHAP prior to discharging
the waste stream to the POTW.
    Industrial user means a nondomestic source introducing any
pollutant or combination of pollutants into a POTW. Industrial users
can be commercial or industrial facilities whose wastes enter local
sewers.
    New source or new POTW means any POTW that commenced construction
or reconstruction after December 1, 1998.
    Publicly owned treatment works (POTW) means a treatment works, as
that term is defined by section 112(e)(5) of the Clean Air Act, which
is owned by a municipality (as defined by section 502(4) of the Clean
Water Act), a state, an intermunicipal or interstate agency, or any
department, agency, or instrumentality of the federal government. This
definition includes any intercepting sewers, outfall sewers, sewage
collection systems, pumping, power, and other equipment. The wastewater
treated by these facilities is generated by industrial, commercial, and
domestic sources. As used in this subpart, the term POTW refers to both
any publicly owned treatment works which is owned by a state,
municipality, or intermunicipal or interstate agency and, therefore,
eligible to receive grant assistance under the Subchapter II of the
Clean Water Act, and any federally owned treatment works as that term
is described in section 3023 of the Solid Waste Disposal Act.
    POTW treatment plant means that portion of the POTW which is
designed to provide treatment (including recycling and reclamation) of
municipal sewage and industrial waste.
    Secondary treatment means treatment processes, typically
biological, designed to reduce the concentrations of dissolved and
colloidal organic matter in wastewater.
    Waste and wastewater means a material, or spent or used water or
waste, generated from residential, industrial, commercial, mining, or
agricultural operations or from community activities that contain
dissolved or suspended matter, and that is discarded, discharged, or is
being accumulated, stored, or physically, chemically, thermally, or
biologically treated in a publicly owned treatment works.

      Table 1 to Subpart VVV of Part 63--Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
----------------------------------------------------------------------------------------------------------------
   General provisions reference               Applicable to subpart VVV                     Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  .............................................  Applicability.
Sec.   63.1(a)(1).................  Yes..........................................  Terms defined in the Clean
                                                                                Air Act.
Sec.   63.1(a)(2).................  Yes..........................................  General applicability
                                                                                explanation.
Sec.   63.1(a)(3).................  Yes..........................................  Cannot diminish a stricter
                                                                                NESHAP.

Sec.   63.1(a)(4).................  Yes..........................................  Not repetitive. Doesn't apply
                                                                                to section 112(r).
Sec.   63.1(a)(5).................  Yes..........................................  Section reserved.
Sec.   63.1(a)(6)-(8).............  Yes..........................................  Contacts and authorities.
Sec.   63.1(a)(9).................  Yes..........................................  Section reserved.
Sec.   63.1(a)(10)................  Yes..........................................  Time period definition.
Sec.   63.1(a)(11)................  Yes..........................................  Postmark explanation.
Sec.   63.1(a)(12)-(14)...........  Yes..........................................  Time period changes.
                                                                                Regulation conflict. Force
                                                                                and effect of subpart A.
Sec.   63.1(b)(1).................  Yes..........................................  Initial applicability
                                                                                determination of subpart A.
Sec.   63.1(b)(2).................  Yes..........................................  Section reserved.
Sec.   63.1(b)(3).................  No...........................................  Subpart VVV specifies
                                                                                recordkeeping of records of
                                                                                applicability determination.
Sec.   63.1(c)(1).................  Yes..........................................  Requires compliance with both
                                                                                subparts A and subpart VVV.
Sec.   63.1(c)(2)(i)..............  No...........................................  State options regarding title
                                                                                V permit. Unless required by
                                                                                the State, area sources
                                                                                subject to subpart VVV are
                                                                                exempted from permitting
                                                                                requirements.
Sec.   63.1(c)(2)(ii)-(iii).......  No...........................................  State options regarding title
                                                                                V permit.
Sec.   63.1(c)(3).................  Yes..........................................  Section reserved.
Sec.   63.1(c)(4).................  Yes..........................................  Extension of compliance.
Sec.   63.1(c)(5).................  No...........................................  Subpart VVV addresses area
                                                                                sources becoming major due
                                                                                to increase in emissions.
Sec.   63.1(d)....................  Yes..........................................  Section reserved.
Sec.   63.1(e)....................  Yes..........................................  Title V permit before a
                                                                                relevant standard is
                                                                                established.
Sec.   63.2.......................  Yes..........................................  Definitions.
Sec.   63.3.......................  Yes..........................................  Units and abbreviations.
Sec.   63.4.......................  .............................................  Prohibited activities and
                                                                                circumvention.
Sec.   63.4(a)(1)-(3).............  Yes..........................................  Prohibits operation in
                                                                                violation of subpart A.
Sec.   63.4(a)(4).................  Yes..........................................  Section reserved.
Sec.   63.4(a)(5).................  Yes..........................................  Compliance dates.
Sec.   63.4(b)....................  Yes..........................................  Circumvention.
Sec.   63.4(c)....................  Yes..........................................  Severability.
Sec.   63.5.......................  .............................................  Preconstruction review and
                                                                                notification requirements.
Sec.   63.5(a)(1).................  Yes..........................................  Construction and
                                                                                reconstruction.
Sec.   63.5(a)(2).................  Yes..........................................  New source--effective dates.
Sec.   63.5(b)(1).................  Yes..........................................  New sources subject to
                                                                                relevant standards.
Sec.   63.5(b)(2).................  Yes..........................................  Section reserved.
Sec.   63.5(b)(3).................  Yes..........................................  No new major sources without
                                                                                Administrator approval.
Sec.   63.5(b)(4).................  Yes..........................................  New major source
                                                                                notification.
Sec.   63.5(b)(5).................  Yes..........................................  New major sources must
                                                                                comply.
Sec.   63.5(b)(6).................  Yes..........................................  New equipment added
                                                                                considered part of major
                                                                                source.
Sec.   63.5(c)....................  Yes..........................................  Section reserved.
Sec.   63.5(d)(1).................  Yes..........................................  Implementation of section
                                                                                112(I)(2)--application of
                                                                                approval of new source
                                                                                construction.
Sec.   63.5(d)(2).................  Yes..........................................  Application for approval of
                                                                                construction for new sources
                                                                                listing and describing
                                                                                planned air pollution
                                                                                control system.
Sec.   63.5(d)(3).................  Yes..........................................  Application for
                                                                                reconstruction.
Sec.   63.5(d)(4).................  Yes..........................................  Administrator may request
                                                                                additional information.
Sec.   63.5(e)....................  Yes..........................................  Approval of reconstruction.
Sec.   63.5(f)(1).................  Yes..........................................  Approval based on State
                                                                                review.
Sec.   63.5(f)(2).................  Yes..........................................  Application deadline.
Sec.   63.6.......................  .............................................  Compliance with standards and
                                                                                maintenance requirements.
Sec.   63.6(a)....................  Yes..........................................  Applicability of compliance
                                                                                with standards and
                                                                                maintenance requirements.
Sec.   63.6(b)....................  Yes..........................................  Compliance dates for new and
                                                                                reconstructed sources.
Sec.   63.6(c)....................  Yes..........................................  Compliance dates for existing
                                                                                sources apply to existing
                                                                                Group 1 POTW treatment
                                                                                plants.
Sec.   63.6(d)....................  Yes..........................................  Section reserved.
Sec.   63.6(e)....................  Yes, except as noted below...................  Operation and maintenance
                                                                                requirements apply to new
                                                                                sources.
Sec.   63.6(e)(1)(i)..............  No...........................................  General duty; See Sec.
                                                                                63.1583(d) and Sec.
                                                                                63.1586(d) for general duty
                                                                                requirements.
Sec.   63.6(e)(1)(ii).............  No...........................................  Requirement to correct
                                                                                malfunctions.
Sec.   63.6(e)(3).................  No...........................................  SSM plans are not required
                                                                                for POTW.
Sec.   63.6(f)....................  Yes, except as noted below...................  Compliance with non-opacity
                                                                                emission standards applies
                                                                                to new sources.
Sec.   63.6(f)(1).................  No...........................................  The POTW standards apply at
                                                                                all times.
Sec.   63.6(g)....................  Yes..........................................  Use of alternative non-
                                                                                opacity emission standards
                                                                                applies to new sources.
Sec.   63.6(h)....................  No...........................................  POTW treatment plants do not
                                                                                typically have visible
                                                                                emissions.
Sec.   63.6(i)....................  Yes..........................................  Extension of compliance with
                                                                                emission standards applies
                                                                                to new sources.
Sec.   63.6(j)....................  Yes..........................................  Presidential exemption from
                                                                                compliance with emission
                                                                                standards.
Sec.   63.7.......................  .............................................  Performance testing
                                                                                requirements.
Sec.   63.7(a)....................  Yes..........................................  Performance testing is
                                                                                required for new sources.
Sec.   63.7(b)....................  Yes..........................................  New sources must notify the
                                                                                Administrator of intention
                                                                                to conduct performance
                                                                                testing.
Sec.   63.7(c)....................  Yes..........................................  New sources must comply with
                                                                                quality assurance program
                                                                                requirements.
Sec.   63.7(d)....................  Yes..........................................  New sources must provide
                                                                                performance testing
                                                                                facilities at the request of
                                                                                the Administrator.
Sec.   63.7(e)....................  Yes, except as noted below...................  Requirements for conducting
                                                                                performance tests apply to
                                                                                new sources.
Sec.   63.7(e)(1).................  No...........................................  The performance testing
                                                                                provisions of Sec.   63.694
                                                                                for control devices are
                                                                                incorporated by reference
                                                                                into subpart DD of this
                                                                                part.

Sec.   63.7(f)....................  Yes..........................................  New sources may use an
                                                                                alternative test method.
Sec.   63.7(g)....................  Yes..........................................  Requirements for data
                                                                                analysis, recordkeeping, and
                                                                                reporting associated with
                                                                                performance testing apply to
                                                                                new sources.
Sec.   63.7(h)....................  Yes..........................................  New sources may request a
                                                                                waiver of performance tests.
Sec.   63.8.......................  .............................................  Monitoring requirements.
Sec.   63.8(a)....................  Yes..........................................  Applicability of monitoring
                                                                                requirements.
Sec.   63.8(b)....................  Yes..........................................  Monitoring shall be conducted
                                                                                by new sources.
Sec.   63.8(c)....................  Yes, except as noted below...................  New sources shall operate and
                                                                                maintain continuous
                                                                                monitoring systems (CMS).
Sec.   63.8(c)(1)(i)..............  No...........................................  See Sec.   63.1583(d) for
                                                                                general duty requirement
                                                                                with respect to minimizing
                                                                                emissions and continuous
                                                                                monitoring requirements.
Sec.   63.8(c)(1)(iii)............  No...........................................  See the applicable CMS
                                                                                quality control requirements
                                                                                under Sec.   63.8(c) and
                                                                                (d).
Sec.   63.8(d)....................  Yes, except as noted below...................  New sources must develop and
                                                                                implement a CMS quality
                                                                                control program.
Sec.   63.8(d)(3).................  No...........................................  The owner or operator must
                                                                                keep these written
                                                                                procedures on record for the
                                                                                life of the affected source
                                                                                or until the affected source
                                                                                is no longer subject to the
                                                                                provisions of this part, and
                                                                                make them available for
                                                                                inspection, upon request, by
                                                                                the Administrator. If the
                                                                                performance evaluation plan
                                                                                is revised, the owner or
                                                                                operator must keep previous
                                                                                (i.e., superseded) versions
                                                                                of the performance
                                                                                evaluation plan on record to
                                                                                be made available for
                                                                                inspection, upon request, by
                                                                                the Administrator, for a
                                                                                period of 5 years after each
                                                                                revision of the plan. The
                                                                                program of corrective action
                                                                                should be included in the
                                                                                plan required under Sec.
                                                                                63.8(d)(2).
Sec.   63.8(e)....................  Yes..........................................  New sources may be required
                                                                                to conduct a performance
                                                                                evaluation of CMS.
Sec.   63.8(f)....................  Yes..........................................  New sources may use an
                                                                                alternative monitoring
                                                                                method.
Sec.   63.8(g)....................  Yes..........................................  Requirements for reduction of
                                                                                monitoring data.
Sec.   63.9.......................  .............................................  Notification requirements.
Sec.   63.9(a)....................  Yes..........................................  Applicability of notification
                                                                                requirements.
Sec.   63.9(b)....................  Yes, except as noted below...................  Initial notification due
                                                                                February 23, 2000 or 60 days
                                                                                after becoming subject to
                                                                                this subpart.
Sec.   63.9(c)....................  Yes..........................................  Request for extension of
                                                                                compliance with subpart VVV.
Sec.   63.9(d)....................  Yes..........................................  Notification that source is
                                                                                subject to special
                                                                                compliance requirements as
                                                                                specified in Sec.
                                                                                63.6(b)(3) and (4).
Sec.   63.9(e)....................  Yes..........................................  Notification of performance
                                                                                test.
Sec.   63.9(f)....................  No...........................................  POTW treatment plants do not
                                                                                typically have visible
                                                                                emissions.
Sec.   63.9(g)....................  Yes..........................................  Additional notification
                                                                                requirements for sources
                                                                                with continuous emission
                                                                                monitoring systems.
Sec.   63.9(h)....................  Yes, except as noted.........................  Notification of compliance
                                                                                status when the source
                                                                                becomes subject to subpart
                                                                                VVV. See exceptions in Sec.
                                                                                63.1591(b).
Sec.   63.9(i)....................  Yes..........................................  Adjustments to time periods
                                                                                or postmark deadlines or
                                                                                submittal and review of
                                                                                required communications.
Sec.   63.9(j)....................  Yes..........................................  Change of information already
                                                                                provided to the
                                                                                Administrator.
Sec.   63.10......................  .............................................  Recordkeeping and reporting
                                                                                requirements.
Sec.   63.10(a)...................  Yes..........................................  Applicability of notification
                                                                                and reporting requirements.
Sec.   63.10(b)(1)-(2)............  Yes, except as noted below...................  General recordkeeping
                                                                                requirements.
Sec.   63.10(b)(2)(i).............  No...........................................  Recordkeeping for occurrence
                                                                                and duration of startup and
                                                                                shutdown.
Sec.   63.10(b)(2)(ii)............  No...........................................  Recordkeeping for failure to
                                                                                meet a standard, see Sec.
                                                                                63.696.
Sec.   63.10(b)(2)(iii)...........  Yes..........................................  Maintenance records.
Sec.   63.10(b)(2)(iv)............  No...........................................  Actions taken to minimize
                                                                                emissions during SSM.
Sec.   63.10(b)(2)(v).............  No...........................................  Action taken to minimize
                                                                                emissions during SSM.
Sec.   63.10(b)(2)(vi)............  Yes..........................................  Recordkeeping for CMS
                                                                                malfunctions.
Sec.   63.10(b)(2)(vii)-(ix)......  Yes..........................................  Other CMS requirements.
Sec.   63.10(b)(3)................  No...........................................  Recording requirement for
                                                                                applicability determination.
Sec.   63.10(c)...................  Yes, except as noted below...................  Additional recordkeeping
                                                                                requirements for sources
                                                                                with continuous monitoring
                                                                                systems.
Sec.   63.10(c)(7)................  No...........................................  See Sec.   63.696(h) for
                                                                                recordkeeping of (1) date,
                                                                                time, and duration; (2)
                                                                                listing of affected source
                                                                                or equipment, and an
                                                                                estimate of the tons per
                                                                                year of each regulated
                                                                                pollutant emitted over the
                                                                                standard; and (3) actions to
                                                                                minimize emissions and
                                                                                correct the failure.
Sec.   63.10(c)(8)................  No...........................................  See Sec.   63.696(h) for
                                                                                recordkeeping of (1) date,
                                                                                time, and duration; (2)
                                                                                listing of affected source
                                                                                or equipment, and an
                                                                                estimate of the tons per
                                                                                year of each regulated
                                                                                pollutant emitted over the
                                                                                standard; and (3) actions to
                                                                                minimize emissions and
                                                                                correct the failure.
Sec.   63.10(c)(15)...............  No...........................................  Use of SSM plan.
Sec.   63.10(d)...................  Yes, except as noted below...................  General reporting
                                                                                requirements.
Sec.   63.10(d)(5)................  No...........................................  See Sec.   63.697(b) for
                                                                                malfunction reporting
                                                                                requirements.
Sec.   63.10(e)...................  Yes..........................................  Additional reporting
                                                                                requirements for sources
                                                                                with continuous monitoring
                                                                                systems.
Sec.   63.10(f)...................  Yes, except as noted.........................  Waiver of recordkeeping and
                                                                                reporting requirements.
                                                                                Electronic reporting to the
                                                                                EPA cannot be waived.
Sec.   63.11......................  Yes..........................................  Control device and equipment
                                                                                leak work practice
                                                                                requirements.
Sec.   63.11(a) and (b)...........  Yes..........................................  If a new source uses flares
                                                                                to comply with the
                                                                                requirements of subpart VVV,
                                                                                the requirements of Sec.
                                                                                63.11 apply.
Sec.   63.11(c), (d) and (e)......  Yes..........................................  Alternative work practice for
                                                                                equipment leaks.

Sec.   63.12......................  Yes..........................................  State authority and
                                                                                designation.
Sec.   63.13......................  Yes..........................................  Addresses of State air
                                                                                pollution control agencies
                                                                                and EPA Regional Offices.
Sec.   63.14......................  Yes..........................................  Incorporation by reference.
Sec.   63.15......................  Yes..........................................  Availability of information
                                                                                and confidentiality.
----------------------------------------------------------------------------------------------------------------

  Table 2 to Subpart VVV of Part 63--Compliance Dates and Requirements
------------------------------------------------------------------------
                                                        And the owner or
     If the construction/          Then the owner or      operator must
    reconstruction date is       operator must comply        achieve
                                         with              compliance
------------------------------------------------------------------------
Group 1 POTW:
(1) After December 27, 2016...  (i) New source          Upon initial
                                 requirements in Sec.    startup.
                                 Sec.   63.1583(b);
                                 63.1586(b) or (c);
                                 and 63.1588 through
                                 63.1591.
(2) After December 1, 1998 but  (i) New source          Upon initial
 on or before December 27,       requirements in Sec.    startup through
 2016.                            63.1583(b) but         October 26,
                                 instead of complying    2020.
                                 with both
                                 requirements
                                 (industrial user(s)
                                 NESHAP and the POTW
                                 standards in Sec.
                                 Sec.   63.1586(b) or
                                 (c)), you must comply
                                 with the most
                                 stringent
                                 requirement\1\.
                                (ii) New source         On or before
                                 requirements in Sec.    October 26,
                                 Sec.   63.1586(b) or    2020.
                                 (c); and 63.1588
                                 through 63.1591.
(3) On or before December 1,    (i) Existing source     By the
 1998.                           requirements in Sec.    compliance date
                                 Sec.   63.1583(a).      specified in
                                                         the other
                                                         applicable
                                                         NESHAP.
                                (ii) Existing source    On or before
                                 requirements in Sec.    October 26,
                                 Sec.   63.1588          2018.
                                 through 63.1591.
Group 2 POTW:
(4) After December 27, 2016...  (i) New source          Upon initial
                                 requirements in Sec.    startup.
                                 Sec.   63.1586(b) or
                                 (c); and 63.1588
                                 through 63.1591.
(5) After December 1, 1998 but  (i) New source          Upon initial
 on or before December 27,       requirements in Sec.    startup through
 2016.                            63.1586(b) or (c)\1\.  October 26,
                                                         2020.
                                (ii) New source         On or before
                                 requirements in Sec.    October 26,
                                 Sec.   63.1586(b) or    2020.
                                 (c); and 63.1588
                                 through 63.1591.
(6) On or before December 1,    (i) Existing source     On or before
 1998.                           requirements in Sec.    October 26,
                                 Sec.   63.1586(a);      2018.
                                 and 63.1591(a).
------------------------------------------------------------------------
\1\ Note: This represents the new source requirements in the original
  1999 NESHAP, which are applicable until October 26, 2020. Between
  October 26, 2017 and October 26, 2020, you must transition to the new
  requirements in Table 2 (2)(ii) and (5)(ii) for Group 1 and Group 2
  POTW, respectively.

[FR Doc. 2017-23067 Filed 10-25-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Page 11746]
[FR Doc No: 2018-05393]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9038-2]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements
Filed 03/05/2018 Through 03/09/2018
Pursuant to 40 CFR 1506.9

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

EIS No. 20180036, Draft, FAA, GA, Draft EIS Spaceport Camden, Comment
Period Ends: 05/16/2018, Contact: Stacey M Zee<PHONE_NUMBER>
EIS No. 20180037, Final, NPS, ND, Knife River Indian Villages National
Historic Site Archeological Resources Management Plan, Review Period
Ends: 04/16/2018, Contact: Brenda Todd<PHONE_NUMBER>
EIS No. 20180038, Final, NPS, MI, FEIS to Address the Presence of
Wolves at Isle Royale National Park, Review Period Ends: 04/16/2018,
Contact: Kelly Daigle<PHONE_NUMBER>
EIS No. 20180039, Final, FHWA, AK, Sterling Highway Milepost 45-60,
Review Period Ends: 04/16/2018, Contact: John Lohrey<PHONE_NUMBER>
EIS No. 20180040, Final, USFS, CA, Craggy Vegetation Management, Review
Period Ends: 04/23/2018, Contact: Danika Carlson<PHONE_NUMBER>
EIS No. 20180041, Draft, USFS, MT, Castle Mountains Restoration
Project, Comment Period Ends: 04/30/2018, Contact: John Casselli 406-
791-7723
EIS No. 20180042, Draft Supplement, BLM, CA, West Route Network Project
Draft Supplemental Environmental Impact Statement WMRNP DSEIS, Comment
Period Ends: 06/14/2018, Contact: Matthew Toedtli<PHONE_NUMBER>
EIS No. 20130018, Final, BIA, WA, ADOPTION--Spokane Tribe of Indians
West Plains Casino and Mixed-Use Development Project Approval of Gaming
Development and Management Spokane County WA, Contact: Esther Dittler
202-632-7003

    The National Indian Gaming Commission (NIGC) has adopted the Bureau
of Indian Affairs' (BIA) Spokane Tribe of Indians West Plains Casino
and Mixed-Use Development Project Approval of Gaming Development and
Management Spokane County WA EIS. BIA filed its Final EIS with EPA on
January 25, 2013; it was published in the Federal Register on February
1, 2013. The comment period was extended from March 4, 2013 to May 1,
2013. The NIGC was a cooperating agency on the project and
recirculation of the document is not necessary under Section 1506.3(c)
of the Council of Environmental Quality National Environmental Policy
Act (NEPA) Regulations.

    Dated: March 13, 2018.
Kelly Knight,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2018-05393 Filed 3-15-18; 8:45 am]
 BILLING CODE 6560-50-P