[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62472-62473]
[DOCID:fr05no07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FFP Project 42, LLC, Project No. 12938-000]

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

October 29, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12938-000.
    c. Date filed: August 6, 2007.
    d. Applicant: FFP Project 42, LLC.
    e. Name of Project: Hope Field Point Project.
    f. Location: The project would be located on the Mississippi River
in Crittenden County, Arkansas and Shelby County, Tennessee. The
project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Dan Irvin, FFP Project 42, LLC, 69 Bridge
Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12938-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project consists of: (1)
5,600 proposed 20 kilowatt Free Flow generating units having a total
installed capacity of 112 megawatts, (2) a proposed transmission line,
and (3) appurtenant facilities. The FFP Project 42, LLC, project would
have an average annual generation of 490.56 gigawatt-hours and be sold
to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice

of intent to file such an application, to the Commission on or before
the specified comment date for the particular application (see 18 CFR
4.36). Submission of a timely notice of intent allows an interested
person to file the competing preliminary permit application no later
than 30 days after the specified comment date for the particular
application. A competing preliminary permit application must conform
with 18 CFR 4.30 and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions To Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``COMPETING
APPLICATION'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-21658 Filed 11-2-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24835-24836]
[FR Doc No: E9-12081]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13429-000, Project No. 13455-000]

City of Burlington, IA; FFP Iowa 5, LLC Notice of Preliminary
Permit Applications Accepted for Filing and Soliciting Comments,
Motions To Intervene, and Competing Applications

May 15, 2009.
    On April 8, 2009, the City of Burlington, Iowa filed an
application, pursuant to section 4(f) of the Federal Power Act (FPA),
proposing to study the feasibility of the City of Burlington
Hydroelectric Project (Burlington Project) No. 13429, to be located on
the Mississippi River, in Des Moines County, Iowa and Henderson County,
Illinois. On April 29, 2009, FFP Iowa 5, LLC filed an application,
pursuant to the FPA, proposing to study the feasibility of the
Mississippi River Lock and Dam No. 18 Water Power Project (L&D 18
Project) No. 13455, to be located on the Mississippi River, in Des
Moines County, Iowa.
    The proposed Burlington and L&D 18 projects would be located at the
existing U.S. Army Corps of Engineers (Corps) Lock and Dam No. 18
comprised of: (1) A 1,350-foot-long dam with 14 taintor

gates and 3 roller gates and a 600-foot-long lock; and (2) a 12,152-
acre reservoir with a normal pool elevation of 529.5 feet mean sea
level.
    The proposed Burlington Project would consist of: (1) Thirty
submersible 500-kilowatt turbine generating units with total installed
capacity of 15 megawatts (MW); (2) a 1-mile-long, 12.5-kilovolt (kV)
transmission line; and (3) appurtenant facilities. The project would
have an estimated average annual generation of 76,831 megawatts-hours
(MWh), which would be sold to Alliant Energy. The project would be
located along the western half of the Corps dam.
    Applicant Contact: Mr. Doug Worden, City Manager, City of
Burlington, Iowa, 400 Washington Street, Burlington, Iowa 52601, (319)
753-8120.
    The proposed L&D 18 Project would consist of: (1) Twenty six Very
Low Head generating units and 100 hydrokinetic generating units with a
total installed capacity of 24.5 MW; (2) a 5.68-mile-long, 69-kV
transmission line; and (3) appurtenant facilities. The project would
have an estimated average annual generation of 119,500 MWh, which would
be sold to Alliant Energy. The project would be located in the middle
of the Mississippi River just downstream of the Corps dam.
    Applicant Contact: Mr. Daniel R. Irvin, Free Flow Power
Corporation, 33 Commercial Street, Gloucester, MA 01930, phone (978)
252-7631.
    FERC Contact: Patrick Murphy,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-13429
or 13455) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-12081 Filed 5-22-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Pages 3603-3604]
[FR Doc No: 2014-01096]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-1078]

National Offshore Safety Advisory Committee

AGENCY: United States Coast Guard, DHS.

ACTION: Notice of teleconference meeting.

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SUMMARY: The National Offshore Safety Advisory Committee (NOSAC) will
meet via teleconference to receive Task Statements and form
Subcommittees on (1) Marine Casualty Reporting on the Outer Continental
Shelf (OCS) and (2) Recommendations for Offshore Supply Vessel Purpose
and Offshore Workers. This meeting will be open to the public.

DATES: The teleconference will take place on Thursday, February 20,
2014, from 2 p.m. to 4 p.m. EST. This meeting may end early if all
business is finished before 4 p.m. If you wish to make oral comments at
the teleconference, notify Mr. Scott Hartley before the teleconference,
as specified in the FOR FURTHER INFORMATION CONTACT section. If you
wish to submit written comments or make a presentation, submit your
comments or request to make a presentation by February 13, 2014.

ADDRESSES: The Committee will meet via teleconference. To participate
by phone, please contact Mr. Scott Hartley listed below in the FOR
FURTHER INFORMATION CONTACT section to obtain teleconference
information. Note the number of teleconference lines is limited and
will be available on a first-come, first-served basis. To come to the
host location in person and join those participating in this
teleconference from U.S. Coast Guard Headquarters, 2703 Martin Luther
King Jr. Ave. SE., Stop 7509, Washington DC 20593-7509, please contact
Mr. Scott Hartley, listed in the FOR FURTHER INFORMATION CONTACT
section to request directions and building access. You must request
building access by February 13, 2014, and present a valid, government-
issued photo identification to gain entrance to the Coast Guard
Headquarters building.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the teleconference,
contact Mr. Scott Hartley listed in the FOR FURTHER INFORMATION CONTACT
section, as soon as possible.
    If you want to make a presentation, send your request by February
13, 2014, to Mr. Scott Hartley, listed in the FOR FURTHER INFORMATION
CONTACT section. To facilitate public participation we are inviting
public comment on the issues to be considered by the committee as
listed in the ``Agenda'' section below. You may submit a written
comment on or before February 13, 2014 or make oral comment during the
public comment portion of the teleconference.
    To submit a comment in writing, use one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include the docket number
(USCG-2013-1078) on the subject line of the message.
     Fax:<PHONE_NUMBER>. Include the docket number (USCG-2013-
1078) on the subject line of the fax.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
     To avoid duplication, please use only one of the above
methods.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
notice. All comments received will be posted without alteration at
http://www.regulations.gov, including any personal information
provided. You may review a Privacy Act notice regarding our public
dockets in the January 17, 2008, issue of the Federal Register (73 FR
3316).
    Docket: For access to the docket to read documents or comments
related to this Notice, go to http://www.regulations.gov, insert USCG-
2013-1078 in the Search box, press Enter, and then click on the item
you wish to view.

FOR FURTHER INFORMATION CONTACT: Commander Robert Smith, Designated
Federal Official (DFO) of NOSAC, Commandant (CG-OES-2), U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC
20593-7509; telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or Mr. Scott
Hartley, Alternate Designated Federal Official (ADFO) of NOSAC,
Commandant (CG-OES-2), U.S. Coast Guard, 2703 Martin Luther King Jr.
Ave. SE., Stop 7509, Washington, DC 20593-7509; telephone (202) 372-
1437, fax<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), 5 U.S.C. App. (Pub. L. 92-463).
NOSAC provides advice and recommendations to the Department of Homeland
Security on matters and actions concerning activities directly involved
with or in support of the exploration of offshore mineral and energy
resources insofar as they relate to matters within U.S. Coast Guard
jurisdiction.

Agenda of Meeting

    The agenda for the February 20, 2014 teleconference includes:
    (1) Presentation, discussion and formation of a Subcommittee to
consider a Task Statement titled ``Marine Casualty Reporting on the
Outer Continental Shelf.''
    (2) Presentation, discussion and formation of a Subcommittee to
consider a Task Statement titled ``Offshore Supply Vessel Purpose and
Offshore Workers.''
    (3) Public comment.
    A final agenda will be available on https://homeport.uscg.mil/nosac. During the February 20, 2014 meeting, the public comment period
will be from approximately 3:45 p.m. to 4 p.m. Speakers are requested
to limit their comments to three minutes. Please note that this public
comment period may start before 3:45 p.m. if all other agenda items
have been covered and may end before 4 p.m. if all of those wishing to
comment have done so. Please contact Mr. Scott Hartley, listed in the
FOR FURTHER INFORMATION CONTACT section to register as a speaker.

Minutes

    Minutes from the meeting will be available for public review and
copying within 30 days following the meeting at https://
homeport.uscg.mil/NOSAC.

Notice of Future 2014 NOSAC Meetings

    To receive automatic email notices of future NOSAC meetings in
2014, go to the online docket, USCG-2013-1078 (http://www.regulations.gov/#!docketDetail:D=USCG-2013-1078), and select the
sign-up-for-email-alerts option. We plan to use the same docket number
for all NOSAC meetings notice 2014, so when the next meeting notice is
published you will receive an email alert from www.regulations.gov when
the notice appears in this docket.

    Dated: January 14, 2014.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2014-01096 Filed 1-21-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8374-8375]
[FR Doc No: 2015-03221]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-9724; 34-74260; File No. 265-27]

SEC Advisory Committee on Small and Emerging Companies

AGENCY: Securities and Exchange Commission.

ACTION: Notice of meeting.

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SUMMARY: The Securities and Exchange Commission Advisory Committee on
Small and Emerging Companies is providing notice that it will hold a
public meeting on Wednesday, March 4, 2015, in Multi-Purpose Room LL-
006 at the Commission's headquarters, 100 F Street NE., Washington, DC.
The meeting will begin at 9:30 a.m. (EST)

and will be open to the public. The meeting will be webcast on the
Commission's Web site at www.sec.gov. Persons needing special
accommodations to take part because of a disability should notify the
contact person listed below. The public is invited to submit written
statements to the Committee. The agenda for the meeting includes
matters relating to rules and regulations affecting small and emerging
companies under the federal securities laws.

DATES: The public meeting will be held on Wednesday, March 4, 2015.
Written statements should be received on or before March 2, 2015.

ADDRESSES: The meeting will be held at the Commission's headquarters,
100 F Street NE., Washington, DC. Written statements may be submitted
by any of the following methods:

Electronic Statements

     Use the Commission's Internet submission form (http://www.sec.gov/spotlight/acsec-spotlight.shtml ); or
     Send an email message to<EMAIL_ADDRESS>Please
include File Number 265-27 on the subject line; or

Paper Statements

     Send paper statements in triplicate to Brent J. Fields,
Federal Advisory Committee Management Officer, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File No. 265-27. This file number
should be included on the subject line if email is used. To help us
process and review your statement more efficiently, please use only one
method. The Commission will post all statements on the Advisory
Committee's Web site (http://www.sec.gov/spotlight/acsec-spotlight.shtml).
    Statements also will be available for Web site viewing and printing
in the Commission's Public Reference Room, 100 F Street NE., Room 1580,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. All statements received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.

FOR FURTHER INFORMATION CONTACT: Julie Z. Davis, Senior Special
Counsel, at<PHONE_NUMBER>, Office of Small Business Policy, Division
of Corporation Finance, Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C.-App. 1, and the regulations
thereunder, Keith Higgins, Designated Federal Officer of the Committee,
has ordered publication of this notice.

     Dated: February 11, 2015.
Brent J. Fields,
Committee Management Officer.
[FR Doc. 2015-03221 Filed 2-13-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Page 61372]
[FR Doc No: 2021-24137]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-199, OMB Control No. 3235-0199]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 17a-5(c)

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (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 (``OMB'') 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 (c)(5) of Rule 17a-5 provides a
conditional exemption from this requirement. A broker-dealer that
elects to take advantage of the exemption must publish its statements
on its website 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 163 broker-dealer
respondents carrying approximately 186 million public customer accounts
incur a burden of approximately 228,024 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
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
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.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
R. Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email
to: [email protected].

    Dated: November 1, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24137 Filed 11-4-21; 8:45 am]
BILLING CODE 8011-01-P


SUPPORTING STATEMENT FOR OMB REVIEW OF ICR NO. 2022.02 INFORMATION COLLECTION REQUEST FOR THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR THE BRICK AND STRUCTURAL CLAY PRODUCTS SOURCE CATEGORY U. S. ENVIRONMENTAL PROTECTION AGENCY EMISSION STANDARDS DIVISION RESEARCH TRIANGLE PARK, NORTH CAROLINA 27711 JANUARY 2003 2 PART A OF THE SUPPORTING STATEMENT 1.0 Identification of the Information Collection ( a) Title and Number of the Information Collection.

" Reporting and Recordkeeping Requirements for the National Emission Standards for Hazardous Air Pollutants ( NESHAP) for Brick and Structural Clay Products Manufacturing ( to be codified at 40 CFR Part 63, Subpart JJJJJ)." This is a new information collection request ( ICR). The U. S. Environmental Protection Agency ( EPA) tracking number is 2022.01.

( b) Short Characterization.

Potential respondents are owners or operators of new and existing brick and/ or structural clay products ( BSCP) manufacturing facilities. A BSCP facility manufactures brick, including face brick, structural brick, brick pavers, or other brick, and/ or structural clay products including clay pipe; roof tile; extruded floor and wall tile; or other extruded, dimensional clay products.

The BSCP facilities typically form, dry, and fire bricks and shapes that are composed primarily of clay and shale. The rule applies to existing large tunnel kilns ( i. e., tunnel kilns with design capacities of 10 tons per hour ( tph) or more of fired product) at these facilities. The rule also applies to all new or reconstructed tunnel kilns. However, the emission limits in the rule are different for new small and new large tunnel kilns. Small tunnel kilns have design capacities of less than 10 tons per hour of fired product, while large tunnel kilns have design capacities greater than or equal to 10 tons per hour of fired product. Kilns are used to fire BSCP.

Consistent with the General Provisions for NESHAP for Source Categories ( 40 CFR Part 63, Subpart A), respondents do not include the owner or operator of any facility that is not a major source of hazardous air pollutant ( HAP) emissions or any facility that does not operate affected kilns, even if the facility is a major source. A major source of HAP is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year. Approximately 68 BSCP facilities with existing tunnel kilns are expected to meet the applicability criteria defined in the rule. An estimated 15 facilities are expected to construct new kilns in the next 5 years. We assume that 3 new tunnel kilns will be constructed in each of the first 3 years after the effective date of the rule 3 and that each of the 3 new kilns will be constructed at a facility that otherwise would not have been subject to the rule ( e. g., at a new plant or a plant with existing kilns below the size cutoff).

Respondents must submit one time notifications of applicability and reports on initial performance test results. Plants must develop and implement a startup, shutdown, and malfunction plan ( SSMP) and submit semiannual reports of any event where the plan was not followed. Respondents must also develop and implement an operation, maintenance, and monitoring ( OM& M) plan covering each affected source and each emission control device used for compliance with the rule. Semiannual reports for periods of emission limitation deviations ( or reports certifying that no deviations have occurred) also are required. General requirements applicable to all NESHAP require records of applicability determinations; performance test results; deviations; periods of startups, shutdowns, or malfunctions; monitoring records; and all other information needed to determine compliance with the applicable standard. Records and reports must be retained for a minimum of 5 years. The most recent 2 years of data must be retained onsite. The remaining 3 years of data may be retained offsite.

Subpart JJJJJ requires respondents to monitor control device operating parameters to assure continuous compliance with the rule. Parameter monitoring requirements for dry lime adsorbers ( DLA) include periodic visible emissions determinations, pressure drop monitoring, and limestone feed rate monitoring. Facilities using a DLA must also record the source of limestone used in the DLA. Parameter monitoring requirements for dry injection fabric filter ( DIFF) or dry lime scrubber/ fabric filter ( DLS) include either periodic visible emissions determinations or bag leak detectors and lime injection rate monitoring. The rule also includes monitoring requirements for wet scrubbers, including monitoring of pressure drop, liquid pH, liquid flow rate, and chemical addition rate ( if applicable). While any of these technologies could be used to comply with the emission standards, it is anticipated that most facilities will use a DLA system for existing large tunnel kilns and new small tunnel kilns or a DIFF system for new large tunnel kilns. Respondents also must maintain records of specific information needed to determine that the standards are being achieved and maintained. These requirements are described in Attachment 1.

2. Need For and Use of the Collection 4 ( a) Need/ Authority for the Collection.

The EPA is required under section 112( d) of the Clean Air Act ( CAA), as amended, to establish emission standards for each category or subcategory of major and area sources of HAP listed for regulation in section 112( b). These standards are applicable to new or existing sources of HAP and shall require the maximum degree of emission reduction.

The predominant HAP emitted from BSCP manufacturing facilities include hydrogen fluoride ( HF), hydrogen chloride ( HCl), and metals ( antimony, arsenic, beryllium, cadmium,

chromium, cobalt, mercury, manganese, nickel, lead, and selenium). In the Administrator's judgement, the pollutants emitted from BSCP manufacturing facilities cause or contribute significantly to air pollution that may reasonably be anticipated to endanger public health.

Consequently, NESHAP for this source category has been developed and are being promulgated.

( Note: The BSCP manufacturing source category was originally included in the clay products manufacturing industry source category in the initial list of source categories published on July 16,

1992 ( 57 FR 31576). The BSCP manufacturing source category was subsequently identified as a separate and distinct source category and was added to the list of source categories on July 22,

2002 ( 67 FR 47894).)

Section 114 of the CAA allows the Administrator to require inspections, monitoring, and entry into facilities to ensure compliance with a section 112 emission standard. Section 114( a)( 1)

specifically states:

" The Administrator may require any person who owns or operates any emission source ...

who is subject to the provisions of the CAA on a one time, periodic, or continuous basis to;

( A) establish and maintain such records;

( B) make such reports;

( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods;

( D) sample such emissions;

( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical;

( F) submit compliance certifications in accordance with section 114( a)( 3); and 5 ( G) provide such other information as the Administrator may reasonably require."

Certain records and reports are necessary to enable the Administrator to identify sources subject to the standards and to ensure that the standards are being achieved.

( b) Practical Utility/ Users of the Data.

The information will be used by EPA enforcement personnel to: ( 1) identify new,

modified, reconstructed, and existing sources subject to the standards; ( 2) ensure that maximum achievable control technology ( MACT) is being properly applied; and ( 3) ensure that the emission control devices are being properly operated and maintained on a continuous basis. In addition,

records and reports are necessary to enable EPA to identify facilities that may not be in compliance with the standards. Based on the reported information, EPA can decide which facilities should be inspected and what records or processes should be inspected at these facilities.

The records that facilities maintain will indicate to EPA whether the owners or operators are in compliance with the emission limitations. Much of the information EPA would need to determine compliance would be recorded and retained onsite at the facility. Such information would be reviewed by enforcement personnel during an inspection and would not need to be routinely reported to EPA.

3. Nonduplication, Consultations, and Other Collection Criteria ( a) Nonduplication.

The information required by the BSCP manufacturing NESHAP is not duplicated by existing EPA regulations and is not expected to be required by any other EPA rulemaking currently in progress. However, certain reports required by State or local agencies may duplicate information required by the standards. In such cases, a copy of the report submitted to the State or local agency may be provided to the Administrator in lieu of the report required by the standards.

( b) Public Notice Required Prior to ICR Submission to the Office of Management and Budget ( OMB).

This section is not applicable because this is a rule related ICR. A public review and comment period occurred following proposal of the BSCP manufacturing NESHAP in the Federal Register. 6 ( c) Consultations.

Representatives of the industry trade associations and their member companies were consulted during the development of the rule, and several meetings have been held with them during this time. The industry trade associations include the Brick Industry Association ( BIA)

and the National Clay Pipe Institute. During these meetings, the representatives were given the opportunity to comment on the regulatory approach. The major topics of these discussions included rule applicability, subcategories, and MACT floor approach. No specific information was provided to the representatives with respect to burden estimates prior to proposal of the rule.

Others consulted for information during the development process for the proposed standards included the Institute of Clean Air Companies and several individual States, including Texas,

Pennsylvania, North Carolina, South Carolina, and Ohio.

The EPA provided a 60 day public comment period following proposal of the BSCP manufacturing NESHAP, during which all affected parties were given the opportunity to comment on the proposed rule. Comments were received from BSCP industry representatives,

brick kiln manufacturers, air pollution control device vendors, environmental interest groups, and State and local agencies. The EPA considered the comments received and, as appropriate,

incorporated them into the final rule. Specific comments on the burden associated with these information collection requirements were received from the BIA and companies in the BSCP industry. This ICR has been revised to incorporate the comments received.

( d) Effects of Less Frequent Collection.

If the relevant information was collected less frequently, EPA would not be reasonably assured that the facilities are applying good operation and maintenance practices and meeting the emission limitations in the rule. In addition, our authority to take administrative action would be significantly reduced. Section 113( d) of the CAA limits the assessment of administrative penalties to violations which occur no more than 12 months before initiation of the administrative proceeding. Since administrative proceedings are less costly and require use of fewer resources than judicial proceedings, both we and the regulated community benefit from preservation of our administrative powers. Also, the reporting frequency in the rule is consistent with the 7 requirements of Title V permit programs. Consequently, less frequent reports would not result in a reduced burden.

( e) General Guidelines.

The BSCP manufacturing NESHAP requires that facilities retain records for a period of 5 years, which exceeds the 3 year retention period specified in the general information collection guidelines in 5 CFR 1320.6( f) of OMB regulations implementing the Paperwork Reduction Act.

However, the 5 year retention period is consistent with the retention requirement in the General Provisions in subpart A of 40 CFR part 63 and the retention requirement in the operating permit program under 40 CFR part 70. All facilities subject to this rule will be required to obtain operating permits either through the State approved permitting program or, if one does not exist,

in accordance with the provisions of 40 CFR part 71. Thus, the 5 year record retention requirement of the rule adds no additional burden. At a minimum, respondents will be required to retain onsite the most recent 2 years of data. The remaining 3 years of data could be retained at a readily accessible onsite or offsite storage facility. None of the other guidelines in 5 CFR 1320.6 are being exceeded.

( f) Confidentiality.

All information submitted to EPA for which a claim of confidentiality is made will be safeguarded according to EPA policies set forth in Title 40, Chapter 1, Part 2, Subpart B

Confidentiality of Business Information. ( See 40 CFR 2; 41 FR 36902, September 1, 1976;

amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; and 44 FR 17674, March 23, 1979.)

( g) Sensitive Questions.

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

4. The Respondents and the Information Requested ( a) Respondents Standard Industrial Classification ( SIC) and North American Industrial Classification System ( NAICS) Codes.

Respondents are owners or operators of BSCP manufacturing facilities that are major sources of HAP emissions and use existing tunnel kilns with design capacities of 10 tph or more 8 of fired product or new tunnel kilns of any capacity. Table 1 lists the SIC and NAICS codes used to classify the respondents affected by the BSCP manufacturing NESHAP.

TABLE 1. SIC AND NAICS CODES USED TO CLASSIFY RESPONDENTS SIC NAICS Examples of potentially regulated entities 3251 327121 Brick and structural clay tile manufacturing facilities 3253 327122 Extruded tile manufacturing facilities 3259 327123 Other structural clay products manufacturing facilities ( b) Information Requested.

( i) Data items, Including Recordkeeping Requirements. Attachment 1, Source Data and Information Requirements, summarizes the recordkeeping and reporting requirements including the required retention time for all records.

( ii) Respondent activities. The respondent activities required by the standards in the first 3 years following the effective date are identified in Attachment 2, Tables 1 through 3 and are introduced in Section 6( a).

5. The Information Collected Agency Activities, Collection Methodology, and Information Management ( a) Agency Activities.

A list of Agency activities in the first 3 years following the effective date of the rule is provided in Attachment 2, Tables 5 through 7 and are introduced in Section 6( c).

( b) Collection Methodology and Management.

Information contained in the one time only reports will be entered into the Aerometric Information Retrieval System ( AIRS) Facility Subsystem ( AFS) that is maintained and operated by our Office of Air Quality Planning and Standards ( OAQPS). Information contained in the periodic reports submitted to us will be reviewed for accuracy and completeness. Data obtained during periodic visits by our personnel from records maintained by the respondents will be tabulated and published for internal use in compliance and enforcement programs.

( c) Small Entity Flexibility. 9 Approximately 92 of the estimated 189 plants that make up the BSCP industry are owned by small businesses based on the definition used by the Small Business Administration ( 500 or 750 or fewer company employees depending on the companies SIC/ NAICS codes). Information available to the EPA indicates that 15 of these plants are subject to the NESHAP because they are major sources of HAP and operate kilns with capacities of 10 tph or more. The EPA gathered input from small entity owned facilities during the data gathering phase of the proposed rulemaking, presented the regulatory approach to the trade association who represents most small businesses, and contacted small entity owned facilities projected to incur compliance costs to explain the regulatory approach. The EPA does not expect that any affected facilities, including small businesses, will experience adverse impacts due to the cost of the reporting and recordkeeping requirements of the rule.

The rule will allow the affected facilities up to 3 years from the effective date of the rule to comply. Under section 112( i), the Administrator or the applicable regulatory authority also may grant one additional year if the owner or operator demonstrates that more time is needed to install controls for a source. This additional time would ease capital availability problems for plants in marginal economic condition that need to purchase and install new or upgraded emission controls.

( d) Collection Schedule.

Collection of data will begin after the effective date of the final BSCP manufacturing NESHAP. The compliance date for existing sources is 3 years after the effective date. The compliance date for new or reconstructed sources is the effective date if the source startup date is before the effective date, or upon startup if the startup date is on or after the effective date. The schedule for notifications and reports required by the rule is summarized below.

For facilities with existing affected kilns, the initial notification stating that the facility is subject to the rule must be submitted no later than 120 days after the effective date of the rule.

Facilities with new or reconstructed affected kilns for which startup occurs on or after the effective date must submit the initial notification no later than 120 days after the source becomes subject to the rule. Facilities may choose to submit a request for a routine control device maintenance exemption 30 days prior to the compliance date. Facilities required to conduct a performance test must submit a notification of intent to conduct a performance test at least 60 10 days before the performance test is scheduled to begin. For each initial compliance demonstration that includes a performance test, facilities must submit an initial notification of compliance status no later than 60 days following the completion of the performance test. Records necessary to determine compliance must be compiled on a daily basis, and compliance reports must be submitted to the Administrator on a semi annual basis. Repeat performance tests are to be conducted every 5 years to ensure ongoing compliance.

6. Estimating the Burden and Cost of the Collection ( a) Estimating Respondent Burden.

The annual burden estimates for reporting and recordkeeping activities for the first 3 years after the effective date of the rule are presented in Attachment 2, Tables 1 through 3. These numbers were derived from estimates based on EPA's experience with similar information collection requirements in other standards development efforts. In addition, comments and information received from the BIA and other BSCP companies was incorporated into the burden estimates.

( b) Estimating Respondent Costs.

The information collection activities for sources subject to the standards are presented in Tables 1 through 3 in Attachment 2. The total cost for each respondent activity includes labor costs, capital/ start up costs, and operating and maintenance ( O& M) costs. Labor costs for reporting and recordkeeping activities were estimated based on the most recently available labor rate data from the U. S. Bureau of Labor Statistics ( BLS) ( http:// www. bls. gov/ ncs/ ect/ home. htm).

Labor costs are divided into the following three categories: ( 1) technical, ( 2) management, and ( 3)

clerical. The labor rates, including fringe benefits, reported by BLS for June 2002 ( the most recent rates available) are $ 30.89 per hour ($ 30.89/ hr) for technical personnel, $ 49.66/ hr for managerial personnel, and $ 21.14/ hr for clerical personnel. The base labor rates were adjusted by an overhead rate of 167 percent. The final total labor rates are $ 51.59 for technical personnel,

$ 82.93 for management, and $ 35.30 for clerical. Capital/ startup costs include the costs of conducting performance tests, attending a visible emissions training course, and purchasing file cabinets for storing records. Operation and maintenance costs include photocopy and postage costs associated with reporting requirements. The monitoring equipment needed to monitor 11 parameters other than visible emissions ( e. g., limestone or lime feed rate) is included as part of the control system and therefore adds no additional capital or O& M cost. There is no O& M cost associated with visible emissions monitoring other than the training costs. The capital/ startup costs were estimated and annualized as described in the footnotes to Tables 1 through 3 in Attachment 2.

( c) Estimating Agency Burden and Cost.

No costs can be attributed to the development of the information collection requirements because the information collection requirements were developed as an incidental part of standards development. Because reporting and recordkeeping requirements on the part of the respondents are required under section 112 of the CAA, no operational costs will be incurred by the Federal Government. Publication and distribution of the information are part of the AFS, with the result that no Federal costs can be directly attributed to the ICR. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources that is part of EPA's overall compliance and enforcement program. Therefore, this examination is not attributable to the ICR. The only costs that the Federal government will incur are user costs associated with the analysis of the reported information, as presented in Tables 5 through 7 Attachment 2. Labor rates for Federal employees are based on the January 2002, Office of Personnel Management labor rates for General Schedule employees ( http:// www. opm. gov/ oca/ 02tables/ 02gsh. pdf). The base labor rates are $ 27.13/ hr for technical personnel ( GS 12, step 5), $ 44.85 for management personnel ( GS 15, step 5), and $ 15.29/ hr for clerical personnel ( GS 7, step 5). The base labor rates were multiplied by the standard government benefits multiplication factor of 1.6. The resulting average hourly labor costs are $ 43.41 for technical personnel, $ 71.76 for management, and $ 24.46 for clerical. 12 ( d) Estimating the Respondent Universe and Total Burden and Costs.

Once the burden and costs per activity have been established on a per respondent basis,

the total burden and cost must be calculated for all respondents and for the Agency. To calculate the total burden and costs, the number of respondents needed to complete each information collection activity must be estimated. The total number of respondents is also referred to as the " respondent universe."

The EPA has identified 189 facilities that are involved in BSCP production processes.

Based on analyses of information collected from industry surveys and operating permits, EPA estimates that 169 of the facilities may be major sources. However, only those existing facilities that operate tunnel kilns with capacities of 10 tph or more are required to comply with the monitoring, recordkeeping, and reporting requirements of the rule. There are 68 existing major source facilities with affected tunnel kilns. In addition, major source facilities with new tunnel kilns of any capacity are required to comply with the monitoring, recordkeeping, and reporting requirements of the rule. It is projected that three new tunnel kilns will be constructed each year to accommodate trends in increasing production of BSCP. For purposes of developing conservative estimates of respondent burden and costs, it is assumed that the new kilns would be constructed at facilities that otherwise would not have been subject to the rule ( e. g., at a new plant or a plant with existing kilns below the size cutoff). Details on the number of respondents affected by each individual burden item are provided in the footnotes to Tables 1 through 3 in Attachment 2.

( e) Bottom Line Burden Hours and Costs/ Master Tables.

( i) Respondent tally. The bottom line annual respondent burden hours and costs,

presented in Tables 1 through 3 of Attachment 2 ( one table for each year), are calculated by adding person hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column. Table 4 of Attachment 2 summarizes the burden hours and costs for each of the three years and presents the total and average burden over the three year period. The total number of responses over the 3 year period is 221, with an average of 74 responses per year. The estimated total burden for the 3 year period is 52,412 labor hours at a labor cost of $ 2,700,984. The average bottom line annual burden over the 3 year period is 13 17,471 labor hours at a labor cost of $ 900,328. The estimated total capital/ startup costs that would be incurred are $ 489,445, with an average of $ 163,148 incurred during each of the 3 years following promulgation. The total annualized capital/ startup costs are $ 115,111, with an average of $ 38,370 incurred during each of the 3 years following promulgation. The total annual O& M cost is estimated to be $ 4,853, with an average of $ 1,618 incurred each year in the 3 years following promulgation. The total annualized cost ( including the annualized capital/ startup and O& M costs) is $ 119,964. The total annualized cost averaged over the 3 year period is $ 39,988.

( ii) The Agency tally. The bottom line Agency burden hours and costs, presented in Tables 5 through 7 of Attachment 2, are calculated as in the respondent table, by adding personhours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column. In this case, total cost is the sum of this total salary cost and total travel expenses for tests attended. The total hours during the 3 year ICR review period are 1,680, with an average of 560 hours per year. The total cost over the 3 year period is $ 73,184. The average annual cost incurred during each year is $ 24,395.

( iii) Variations in the annual bottom line. Respondent and Agency costs and labor hours vary from year to year because: ( 1) existing facilities are not required to come into full compliance with the BSCP standards until 3 years after promulgation, ( 2) different one time activities would be conducted during the first years following promulgation, and ( 3) new facilities would continue to start up each year. Because existing facilities are not required to come into full compliance with the BSCP standards until 3 years after promulgation, much of the respondent burden does not occur until the fourth year following promulgation. Attachment 3 contains tables showing respondent and Agency burden estimates for the fourth, fifth, and sixth years following promulgation. During the first year, existing sources are required to submit an initial notification.

There are no monitoring, reporting, and recordkeeping activities during the second year for existing sources. In the third year, existing facilities are likely to be conducting one time activities such as installing monitoring systems, developing their SSM and OM& M plans, and training personnel on how to record information. Facilities may also choose to submit a request for a routine control device maintenance exemption during the third year. During the fourth year when existing facilities are required to come into full compliance, the facilities would submit a 14 notification of intent to conduct a performance test, conduct an initial performance test, submit a notification of compliance status, and submit their first compliance report. During subsequent years existing facilities would keep records and submit semi annual reports. After the fourth year, burden estimates are not expected to vary considerably from year to year because facilities will be conducting ongoing activities ( e. g., semi annual compliance reports, recordkeeping,

retesting every 5 years) as opposed to the one time activities ( e. g., developing SSM plan,

notifications) that occur in the first four years following promulgation.

( f) Reasons for Change in Burden.

This section does not apply because this is a new collection.

( g) Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 236 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR 2002 0054, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102,

1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Air and Radiation Docket and Information Center is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. 15 Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.

Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA.

Please include the EPA Docket ID No. OAR 2002 0054 in any correspondence.

PART B OF THE SUPPORTING STATEMENT This section is not applicable because statistical methods are not used in data collection associated with this regulation. ATTACHMENT 1 SOURCE DATA AND INFORMATION REQUIREMENTS Requirements Regulation Reference Respondent burden tables cross reference* Agency burden tables cross reference*

Notifications Initial notifications ( including construction/ reconstruction) 63.5, 63.9( b), and 63.8480( a)( c) 4. E 5 Notification of performance test 63.7( b)( c), 63.9( e), and 63.8480( d) 4. E 5 Notification of compliance status ( including performance test results, operating parameter values,

capture/ collection system design information, bag leak detection system documentation, OM& M plan,

and SSMP) 63.9( h), 63.10( d)( 2), and 63.8480( e) 4. B, 4. E, 5. B, 5. C, 5. E, and " annual capital costs"

summary 5 Request for routine control device maintenance exemption 63.8480( f) 4. E 5 Records Record retention 63.10( b)( 1) and 63.8495 Not applicable Not applicable Documentation supporting initial notifications and notifications of compliance status 63.10( b)( 2)( xiv) and 63.8490( a)( 1) 5. E Not applicable SSMP and OM& M plan 63.6( e)( 3) and 63.8490( c)( 6) 5. E Not applicable Records related to startup, shutdown, and malfunction 63.6( e)( 3)( iii)( iv) and 63.8490( a)( 2) 5. E Not applicable Records of performance tests 63.10( b)( 2)( viii) and 63.8490( a)( 3) 5. E Not applicable Records for each continuous monitoring system ( CMS), production records, and bag leak detection system records 63.8( d)( 3), 63.8( f)( 6)( i), 63.8( g),

63.10( b)( 2)( vi)( xi), and 63.8490( b)

( c) 5. E Not applicable Requirements Regulation Reference Respondent burden tables cross reference* Agency burden tables cross reference*

Reports First compliance report Semi annual compliance report:

 No deviations/ no out of control CMS  Deviations/ out of control CMS Startup, shutdown, and malfunction reports 63.10( e)( 3) and 63.8485( b)( f)

63.10( e)( 3) and 63.8485( b)( f)

63.8485( c)( 6)( 7)

63.8485( d)( e)

63.10( d)( 5) and 63.8485( c)( 4) 4. E 5 * Rows in the respondent burden tables ( Tables 1 through 3 in Attachment 2) and in the Agency burden tables ( Tables 5 through 7 in Attachment 2) that correspond to the requirement. ATTACHMENT 2 Table 1. Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements of the Standard  Year 1 Table 2. Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements of the Standard  Year 2 Table 3. Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements of the Standard  Year 3 Table 4. Summary of Respondent Burden and Cost  Years 1 to 3 Table 5. Annual Federal Government Burden and Cost of the Standard  Year 1 Table 6. Annual Federal Government Burden and Cost of the Standard  Year 2 Table 7. Annual Federal Government Burden and Cost of the Standard  Year 3 Table 8. Summary of Federal Government Burden and Cost for the Standards  Years 1 to 3 ATTACHMENT 3 Table 9. Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements of the Standard  Year 4 Table 10. Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements of the Standard  Year 5 Table 11. Annual Respondent Burden and Cost of Reporting and Recordkeeping Requirements of the Standard  Year 6 Table 12. Summary of Respondent Burden and Cost  Years 4 to 6 Table 13. Annual Federal Government Burden and Cost of the Standard  Year 4 Table 14. Annual Federal Government Burden and Cost of the Standard  Year 5 Table 15. Annual Federal Government Burden and Cost of the Standard  Year 6 Table 16. Summary of Federal Government Burden and Cost for the Standards  Years 4 to 6


[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Page 3336]
[FR Doc No: 2016-01101]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 15

[Docket No. USCG-2015-0758]
RIN 1625-AC25

Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating
Watches

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On October 26, 2015, the Coast Guard published a direct final
rule, which notified the public of our intent to amend merchant mariner
manning regulations to align them with statutory changes made by the
Howard Coble Coast Guard and Maritime Transportation Act of 2014. The
Act allows oilers serving on certain offshore support vessels, towing
vessels, and barges to be divided into at least two watches. The change
would increase the sea service credit affected mariners are permitted
to earn for each 12-hour period of work from one day to one and a half
days. The rule will go into effect as scheduled.

DATES: The effective date of the direct final rule published at 80 FR
65165 on October 26, 2015 is confirmed as January 25, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Davis Breyer, Marine Personnel
Qualifications Division (CG-OES-1), Coast Guard; email
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We received two comments in response to the
direct final rule (DFR). The two comments we received were either not
adverse or separable from and not within the scope of the rulemaking.
    One commenter supported the rule and thanked the Coast Guard for
its prompt action. Another commenter titled its comment as ``adverse''
and requested that the Coast Guard withdraw the DFR. The commenter
agreed that ``the Coast Guard is obliged to align Coast Guard
regulations with the statutes'' and did not oppose the changes to the
regulation. The commenter argued, rather, that the Coast Guard should
delay the rulemaking indefinitely and seek new legislation from
Congress that limits every merchant mariner to serving a uniform
maximum of 12 hours in a 24 hour period, except in an emergency.
    The DFR conforms Coast Guard regulations to existing law, under
which affected mariners may earn one and a half days sea service credit
for each 12-hour period of work. The commenter did not oppose granting
such mariners such credit for time worked. Instead, the commenter took
issue with the absence of statutory restrictions on the length of time
certain mariners may be required to work. The commenter advocated that
the Coast Guard delay updating the regulations and request that
Congress amend the statute further.
    The DFR stated that ``we may adopt, as final, those parts of this
rule on which no adverse comment was received.'' 80 FR 65166. The
commenter's requests are separable from the rule and raises issues well
outside the scope of the rule. The rule will therefore go into effect
as scheduled.

    Dated: January 14, 2016.
J.G. Lantz,
Director, Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-01101 Filed 1-20-16; 8:45 am]
BILLING CODE P


[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60872-60873]
[FR Doc No: 2020-21320]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]

Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)

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

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant an exemption from the
commercial driver's license (CDL) requirements for Mr. Thomas
Passegger, a driver employed by Daimler Trucks North America. Mr.
Passegger is Daimler's Project Manager for Autonomous Trucks. He holds
a valid German commercial license and wants to test drive Daimler
vehicles on U.S. roads to better understand product requirements in
``real world'' environments and verify results. Daimler believes the
requirements for a German commercial license ensure that operation
under the exemption will likely achieve a level of safety equivalent to
or greater than the level that would be obtained in the absence of the
exemption.

DATES: This exemption is effective September 28, 2020 and expires
September 29, 2025.

ADDRESSES:
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2012-0032 in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Daimler has applied for an exemption for Thomas Passegger from 49
CFR 383.23, which prescribes licensing requirements for drivers
operating commercial motor vehicles (CMVs) in interstate or intrastate
commerce. Mr. Passegger is unable to obtain a CDL in any of the U.S.
States due to his lack of residency in the United States. A copy of the
application is in Docket No. FMCSA-2012-0032.
    The exemption would allow Mr. Passegger to operate CMVs in
interstate or intrastate commerce to support Daimler field tests
designed to meet future vehicle safety and environmental requirements
and to develop improved safety and emission technologies. Daimler
stated that Mr. Passegger will typically drive for no more than 6 hours
per day for one to two days, and 10 percent of the test driving will be
on two-lane State highways, while 90 percent will be on interstate
highways. The driving will consist of no more than 200 miles per day.
He will in all cases be accompanied by a holder of a U.S. CDL who is
familiar with the routes to be traveled.

    Mr. Passegger holds a valid German commercial license. As explained
by Daimler in its exemption request, the requirements for that license
ensure that, when operating under the exemption, he would likely
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by the current regulation. Daimler requests that
the exemption cover the maximum allowable duration of five years.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    FMCSA has previously determined that the process for obtaining a
German commercial license is comparable to, or as effective as, the
requirements of part 383, and adequately assesses the driver's ability
to operate CMVs in the U.S. Since 2015, FMCSA has granted Daimler
drivers similar exemptions: March 27, 2015 (80 FR 16511); October 5,
2015 (80 FR 60220); December 7, 2015 (80 FR 76059); December 21, 2015
(80 FR 79410); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR
48496); August 17, 2017 (82 FR 39151); September 10, 2018 (83 FR
45742).

V. Public Comments

    On September 24, 2019, FMCSA published notice of this application
and requested public comments (84 FR 50096); no comments were
submitted.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr.
Passegger's extensive driving experience and safety record, FMCSA has
concluded that the exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption, in accordance with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Daimler and Thomas Passegger an exemption from the CDL
requirement in 49 CFR 383.23 to allow Mr. Passegger to drive CMVs in
this country without a State-issued CDL, subject to the following terms
and conditions:
    (1) The driver and carrier must comply with all other applicable
provisions of the FMCSRs (49 CFR parts 350-399);
    (2) The driver must be in possession of the exemption document and
a valid German commercial license;
    (3) The driver must be employed by and operate the CMV within the
scope of his duties for Daimler;
    (4) At all times while operating a CMV under this exemption, the
driver must be accompanied by a holder of a U.S. CDL who is familiar
with the routes traveled;
    (5) Daimler must notify FMCSA in writing within 5 business days of
any accident, as defined in 49 CFR 390.5, involving this driver; and
    (6) Daimler must notify FMCSA in writing within 5 business days if
this driver is convicted of a disqualifying offense under Sec.  383.51
or Sec.  391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 5 years unless revoked earlier by the FMCSA.
    The exemption will be revoked if:
    (1) Mr. Passegger fails to comply with the terms and conditions of
the exemption;
    (2) The exemption results in a lower level of safety than was
maintained before it was granted; or
    (3) Continuation of the exemption would be inconsistent with the
goals and objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate or intrastate
commerce that conflicts with or is inconsistent with this exemption
with respect to a firm or person operating under the exemption.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21320 Filed 9-25-20; 8:45 am]
BILLING CODE 4910-EX-P