[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31569-31571]
[FR Doc No: 2021-12339]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0026; Notice 1]

Spartan Motors USA, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Spartan Motors USA, Inc. (Spartan), has determined that
certain model year (MY) 2005 2012;2020 Spartan Diamond, Gladiator, and
MetroStar emergency response vehicles do not fully comply with Federal
Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems.
Spartan filed an original noncompliance report dated November 4, 2019,
and later amended it on November 11, 2019. Subsequently, Spartan
petitioned NHTSA on December 2, 2019, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice announces receipt of Spartan's petition.

DATES: Send comments on or before July 14, 2021.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477
2012;78).

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Safety Compliance
Engineer, NHTSA, Office of Vehicle Safety Compliance,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Overview

    Spartan has determined that certain MY 2005 2012;2020 Spartan
Diamond, Gladiator, and MetroStar emergency response vehicles do not
fully comply with the requirements of paragraph S<IP_ADDRESS> of FMVSS No.
121, Air Brake Systems (49 CFR 571.121). Spartan filed an original
noncompliance report dated November 4, 2019, and later amended it on
November 11, 2019, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. In the November 11, 2019
noncompliance report, Spartan indicated that the vehicles at issue had
air reservoirs with a capacity of 2,068 cubic inches without describing
how this capacity was insufficient to meet the requirements of S<IP_ADDRESS>
of FMVSS No. 121. Spartan subsequently petitioned NHTSA on December 2,
2019, for an exemption from the notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
    This notice of receipt of Spartan's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 3,583 MY 2005-2020 Spartan Diamond, Gladiator, and
MetroStar emergency response vehicles, manufactured between October 18,
2004, and October 1, 2019, are potentially involved.

III. Noncompliance

    Spartan described the noncompliance as combined volume of air in
the service and supply reservoirs in the air brake system does not meet
the required minimum of twelve times the combined volume of air from
all service brake chambers as in paragraph S<IP_ADDRESS> of FMVSS No. 121.

IV. Rule Requirements

    Paragraph S<IP_ADDRESS> of FMVSS No. 121 includes the requirements
relevant to this petition. The combined volume of all service
reservoirs and supply reservoirs shall be at least 12 times the
combined volume of all service brake chambers.

V. Summary of Spartan's Petition

    The following views and arguments presented in this section, ``V.
Summary of Spartan's Petition,'' are the views and arguments provided
by Spartan. They have not been evaluated by the Agency and do not
reflect the views of the Agency. Spartan describes the subject
noncompliance and contends that the noncompliance is inconsequential as
it relates to motor vehicle safety.
    In support of its petition, Spartan submitted the following
reasoning:
    1. There are 3,227 chassis cabs affected by this condition, which
are equipped with T-30 brake chambers on the steer axle and T-30 brake
chambers on the drive axle. In using the values in Table V of FMVSS No.
121, the cumulative air capacity of these brake chambers would be 356
cu. in. Multiplying by 12, the needed air reservoir capacity would be
4,272 cu. in. The actual air reservoir capacity on these vehicles is
4,152 cu. in.
    There are 356 chassis cabs affected by this condition, which are
equipped with T-30 brake chambers on the steer axle, T-30 brake
chambers on the drive axle, and T-30 brake chambers on the tandem axle.
In using the values in Table V of FMVSS No. 121, the cumulative air
capacity of these brake chambers would be 534 cu. in. Multiplying by
12, the needed air reservoir capacity would be 6,408 cu. in. The actual
air reservoir capacity on these vehicles is 6,236 cu. in.
    2. Air Compressor Cut-In Pressure: In paragraph S5.1.1 of FMVSS No.
121, the vehicle is to be equipped with an air compressor of sufficient
capacity to increase air pressure in the supply and service reservoirs
from 85 psi to 100 psi when the engine is operating at the vehicle
manufacturer's maximum recommend rpm within a time, in seconds,
determined by the quotient ((Actual reservoir capacity x 25)/Required
reservoir capacity). In using this equation, in vehicles subject to the
noncompliance, the air pressure would be required to go from 85 psi to
100 psi within 24.14 seconds ((4152*25)/4272). Using the same equation
and the required air reservoir capacity of 4,272 cu. in., the air
pressure would need to

increase from 85 psi to 100 psi within 25 seconds. Vehicles subject to
the condition that has resulted in the noncompliance to paragraph
S<IP_ADDRESS> could increase air pressure from 85 psi to 100 psi in less
than 6 seconds, well within the requirement of 24.14 seconds. Further,
vehicles subject to this condition have a cut in pressure set at, or
greater than, the minimum requirement of 100 psi.
    The impact of having 2.7% to 2.8% less air reservoir capacity than
required, the difference in the cut in pressure requirement of only 1
second, would appear to have an adverse consequence of a slight
increase in air compressor cycling. However, this would be dependent on
application of the service brakes.
    3. Emergency Vehicle Duty Cycle: The vocational duty cycle of a
fire apparatus requires the emergency vehicle to respond to emergency
situations that are predominantly short distances away, notwithstanding
trips to a dealer or service provider. The number of times will vary
between fire departments; however, the duty cycle for a fire apparatus
is intermittent when compared to an over-the-road vehicle. While the
braking applications in these short distances may be frequent, the air
compressor would be able to maintain adequate air pressure in the air
reservoir system. With the minimal lowered capacity, with the slightly
less than a 1 second difference in filling the air reservoir system,
the slightly lower than required capacity would likely not be
noticeable to the driver.
    4. Vocational Requirements: The National Fire Protection
Association (NFPA) promulgates a vocational standard that defines
requirements specific to the vocational aspect of the emergency
vehicle. Within NFPA 1901 Standard for Automotive Fire Apparatus (NFPA
1901), emergency vehicles subject to the requirements of the standard
are required to be equipped with a quick build up section in the air
reservoir system so that if the vehicle has a completely discharged air
system, the apparatus would be able to be moved within 60 seconds. For
those emergency vehicles that cannot be equipped with the quick build
up section, they are required to be equipped with an on-board automatic
electric compressor or shoreline hook up.
    Additionally, NFPA 1901 requires all vehicles that have a gross
vehicle weight rating (GVWR) greater than 36,000 pounds be equipped
with an auxiliary braking system. This may be, depending on the option
of the purchaser, a transmission retarder, an inline retarder, or
exhaust restriction device. All but 16 vehicles subject to this
noncompliance have a GVWR of more than 36,000 pounds.
    5. Air System Warning: The completed emergency vehicles subject to
this condition are equipped with two air gauges that monitor the air
system pressure in both System 1 and System 2. In addition to the air
gauges, there are both a warning light and audible alarm to alert the
driver of a low air condition.
    6. Conclusion: The actual air reservoir capacity in the affected
emergency response chassis cabs and emergency vehicles may be between
2.7% and 2.8% less than the calculated required amount. However, due to
the duty cycle of an emergency vehicle, the vocational requirements,
and the air compressor cycling that is well within the required time
using the equation from FMVSS No. 121, Spartan believes the
noncompliance is inconsequential to motor vehicle safety. The less-
than-required capacity does not appear to impact vehicle braking
performance (e.g., stopping distance, brake application, and release
timing). The completed vehicles are equipped with dual air gauges and a
visual and audible warning system to alert the driver to a loss of air
in the air brake system.
    Spartan concludes that the subject noncompliance is inconsequential
as it relates to motor vehicle safety and that its petition to be
exempted from providing notification of the noncompliance, as required
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by
49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Spartan no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Spartan
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-12339 Filed 6-11-21; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: July 1, 2008 (Volume 73, Number 127)]
[Notices]
[Page 37516-37518]
[DOCID:fr01jy08-80]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58007; File No. SR-CBOE-2008-64]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change Amending CBOE
Rules 5.3 and 5.4 To Enable the Listing and Trading of Options on
Index-Linked Securities

June 24, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 19, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise CBOE Rules 5.3 and 5.4 to enable
the listing and trading on the Exchange of options on Index-Linked
Securities. The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://
www.cboe.com.

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

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

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

1. Purpose
    The Exchange states that the purpose of the proposed rule change is
to revise CBOE Rules 5.3 and 5.4 to enable the listing and trading of
options on equity index-linked securities (``Equity Index-Linked
Securities''), commodity-linked securities (``Commodity-Linked
Securities''), currency-linked securities (``Currency-Linked
Securities''), fixed income index-linked securities (``Fixed Income
Index-Linked Securities''), futures-linked securities (``Futures-Linked
Securities''), and multifactor index-linked securities (``Multifactor
Index-Linked Securities''), collectively known as (``Index-Linked
Securities'') that are principally traded on a national securities
exchange and an ``NMS stock'' (as defined in Rule 600 of Regulation NMS
under the Act).
    Index-Linked Securities are designed for investors who desire to
participate in a specific market segment by providing exposure to one
or more identifiable underlying securities, commodities, currencies,
derivative instruments, or market indexes of the foregoing
(``Underlying Index'' or ``Underlying Indexes''). Index-Linked
Securities are the non-convertible debt of an issuer that have a term
of at least one year but

not greater than thirty years. Despite the fact that Index-Linked
Securities are linked to an underlying index, each trade as a single,
exchange-listed security. Accordingly, rules pertaining to the listing
and trading of standard equity options would apply to Index-Linked
Securities. The Exchange does not propose any changes to rules
pertaining to Index Options.
Listing Criteria
    The Exchange will consider listing and trading options on Index-
Linked Securities provided the Index-Liked Securities meet the criteria
for underlying securities set forth in CBOE Rule 5.3(a)-(b) and
Interpretation and Policy .01 to Rule 5.3.
    The Exchange proposes that Index-Linked Securities deemed
appropriate for options trading represent ownership of a security that
provides for the payment at maturity, as described below:
     Equity Index-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of an underlying index or indexes of equity securities (``Equity
Reference Asset'');
     Commodity-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of one or more physical commodities or commodity futures, options or
other commodity derivatives or Commodity-Based Trust Shares or a basket
or index of any of the foregoing (``Commodity Reference Asset'');
     Currency-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
one or more currencies, or options or currency futures or other
currency derivatives or Currency Trust Shares \3\ or a basket or index
of any of the foregoing (``Currency Reference Asset'');
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    \3\ See Interpretation and Policy. 06 to CBOE Rule 5.3. The term
``Currency Trust Shares'' is defined as a security that: (a) Is
issued by a trust or similar entity that holds a specified non-U.S.
currency deposited with the trust or similar entity; (b) when
aggregated in some specified minimum number may be surrendered to
the trust by the beneficial owner to receive the specified non-U.S.
currency; and (c) pays the beneficial owner interest and other
distributions on the deposited non-U.S. currency, if any, declared
and paid by the trust.
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     Fixed Income Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of one or more notes, bonds, debentures, or evidence of
indebtedness that include, but are not limited to, U.S. Department of
Treasury securities (``Treasury Securities''), government-sponsored
entity securities (``GSE Securities''), municipal securities, trust
preferred securities, supranational debt and debt of a foreign country
or a subdivision thereof or a basket or index of any of the foregoing
(``Fixed Income Reference Asset'');
     Futures-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of an
index of (a) futures on Treasury Securities, GSE Securities,
supranational debt and debt of a foreign country or a subdivision
thereof, or options or other derivatives on any of the foregoing; or
(b) interest rate futures or options or derivatives on the foregoing in
this subparagraph (b) (``Futures Reference Asset''); and
     Multifactor Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of any combination of two or more Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
Reference Assets or Futures Reference Assets (``Multifactor Reference
Asset'').
    For the purposes of Interpretation and Policy .13 to CBOE Rule 5.3,
Equity Reference Assets, Commodity Reference Assets, Currency Reference
Assets, Fixed Income Reference Assets, Futures Reference Assets, and
Multifactor Reference Assets, would be collectively referred to as
``Reference Assets.''
    Index-Linked Securities must meet the criteria and guidelines for
underlying securities set forth in Interpretation and Policy .01 to
CBOE Rule 5.3, or the Index-Linked Securities must be redeemable at the
option of the holder at least on a weekly basis through the issuer at a
price related to the applicable underlying Reference Asset. In
addition, the issuing company is obligated to issue or repurchase the
securities in aggregation units for cash or cash equivalents
satisfactory to the issuer of Index-Linked Securities which underlie
the option as described in the Index-Linked Securities prospectus.
Continued Listing Requirements
    Options on Index-Linked Securities would be subject to all Exchange
rules governing the trading of equity options. The current continuing
or maintenance listing standards for options traded on CBOE would
continue to apply.
    The Exchange proposes to establish Interpretation and Policy .16 to
CBOE Rule 5.4 which would include criteria related to the continued
listing of options on Index-Linked Securities.
    Under the applicable continued listing criteria in proposed
Interpretation and Policy .16 to CBOE Rule 5.4, options on Index Linked
Securities initially approved for trading pursuant to proposed
Interpretation and Policy .13 to CBOE Rule 5.3 may be subject to the
suspension of opening transactions as follows: (1) Non-compliance with
the terms of Interpretation and Policy .13 to CBOE Rule 5.3; (2) non-
compliance with the terms of Interpretation and Policy .01 to CBOE Rule
5.4, except that in the case of options covering Index-Linked
Securities approved pursuant to Interpretation and Policy .13(3)(B) to
CBOE Rule 5.3 that are redeemable at the option of the holder at least
on a weekly basis, then option contracts of the class covering such
Securities may only continue to be open for trading as long as the
Securities are listed on a national securities exchange and are an
``NMS stock'' as defined in Rule 600 of Regulation NMS; (3) in the case
of any Index-Linked Security trading pursuant to Interpretation and
Policy .13 to CBOE Rule 5.3, the value of the Reference Asset is no
longer calculated or available; or (4) such other event shall occur or
condition exist that in the opinion of the Exchange makes further
dealing in such options on the Exchange inadvisable.
    The Exchange represents that the listing and trading of options on
Index-Linked Securities under Interpretation and Policy .13 to CBOE
Rule 5.3 will not have any effect on the rules pertaining to position
and exercise limits \4\ or margin.\5\
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    \4\ See CBOE Rules 4.11 and 4.12.
    \5\ See CBOE Rule 12.3.
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    The Exchange states that it will implement surveillance procedures
for options on Index-Linked Securities, including adequate
comprehensive surveillance sharing agreements with markets trading in
non-U.S. components, as applicable. CBOE represents that these
procedures will be adequate to properly monitor Exchange trading of
options on these securities and to deter and detect violations of
Exchange rules.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\7\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and

perfect the mechanisms of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
The Exchange believes that the proposed rules applicable to trading
pursuant to generic listing and trading criteria, together with the
Exchange's surveillance procedures applicable to trading in the
securities covered by the proposed rules, serve to foster investor
protection.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange states that written comments on the proposed rule
change were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.
    The CBOE has requested accelerated approval of this proposed rule
change prior to the 30th day after the date of publication of the
notice of the filing thereof. The Commission has determined that a 15-
day comment period is appropriate in this case.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-64 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2008-64. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2008-64 and should be
submitted on or before July 16, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-14831 Filed 6-30-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53724-53727]
[FR Doc No: 2018-23234]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-8203; FMCSA-
2002-12294; FMCSA-2004-17195; FMCSA-2006-24015; FMCSA-2006-24783;
FMCSA-2007-0071; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231;
FMCSA-2008-0266; FMCSA-2009-0291; FMCSA-2010-0161; FMCSA-2010-0187;
FMCSA-2010-0201; FMCSA-2012-0040; FMCSA-2012-0161; FMCSA-2012-0214;
FMCSA-2012-0215; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0166;
FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0011;
FMCSA-2014-0296; FMCSA-2014-0297; FMCSA-2015-0072; FMCSA-2016-0028;
FMCSA-2016-0029; FMCSA-2016-0031; FMCSA-2016-0207; FMCSA-2016-0208;
FMCSA-2016-0209; FMCSA-2016-0210]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 85
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before November
23, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1998-3637; FMCSA-2000-7006;
FMCSA-2000-8203; FMCSA-2002-12294; FMCSA-2004-17195; FMCSA-2006-24015;
FMCSA-2006-24783; FMCSA-2007-0071; FMCSA-2008-0106; FMCSA-2008-0174;
FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0291; FMCSA-2010-0161;
FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2012-0040; FMCSA-2012-0161;
FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2013-0029; FMCSA-2013-0030;
FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2014-0003;
FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010;
FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2014-0297; FMCSA-2015-0072;
FMCSA-2016-0028; FMCSA-2016-0029; FMCSA-2016-0031; FMCSA-2016-0207;
FMCSA-2016-0208; FMCSA-2016-0209; FMCSA-2016-0210 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,

Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-8203;
FMCSA-2002-12294; FMCSA-2004-17195; FMCSA-2006-24015; FMCSA-2006-24783;
FMCSA-2007-0071; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231;
FMCSA-2008-0266; FMCSA-2009-0291; FMCSA-2010-0161; FMCSA-2010-0187;
FMCSA-2010-0201; FMCSA-2012-0040; FMCSA-2012-0161; FMCSA-2012-0214;
FMCSA-2012-0215; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0166;
FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0011;
FMCSA-2014-0296; FMCSA-2014-0297; FMCSA-2015-0072; FMCSA-2016-0028;
FMCSA-2016-0029; FMCSA-2016-0031; FMCSA-2016-0207; FMCSA-2016-0208;
FMCSA-2016-0209; FMCSA-2016-0210), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-
8203; FMCSA-2002-12294; FMCSA-2004-17195; FMCSA-2006-24015; FMCSA-2006-
24783; FMCSA-2007-0071; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-
0231; FMCSA-2008-0266; FMCSA-2009-0291; FMCSA-2010-0161; FMCSA-2010-
0187; FMCSA-2010-0201; FMCSA-2012-0040; FMCSA-2012-0161; FMCSA-2012-
0214; FMCSA-2012-0215; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-
0166; FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2014-0003; FMCSA-2014-
0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-
0011; FMCSA-2014-0296; FMCSA-2014-0297; FMCSA-2015-0072; FMCSA-2016-
0028; FMCSA-2016-0029; FMCSA-2016-0031; FMCSA-2016-0207; FMCSA-2016-
0208; FMCSA-2016-0209; FMCSA-2016-0210, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-
8203; FMCSA-2002-12294; FMCSA-2004-17195; FMCSA-2006-24015; FMCSA-2006-
24783; FMCSA-2007-0071; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-
0231; FMCSA-2008-0266; FMCSA-2009-0291; FMCSA-2010-0161; FMCSA-2010-
0187; FMCSA-2010-0201; FMCSA-2012-0040; FMCSA-2012-0161; FMCSA-2012-
0214; FMCSA-2012-0215; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-
0166; FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2014-0003; FMCSA-2014-
0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-
0011; FMCSA-2014-0296; FMCSA-2014-0297; FMCSA-2015-0072; FMCSA-2016-
0028; FMCSA-2016-0029; FMCSA-2016-0031; FMCSA-2016-0207; FMCSA-2016-
0208; FMCSA-2016-0209; FMCSA-2016-0210, 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., ET,
Monday through Friday, except Federal holidays.

C. 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.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to driver a CMV if that person has distant visual acuity of
at least 20/40 (Snellen) in each eye without corrective lenses or
visual acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 85 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent

with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA
will take immediate steps to revoke the exemption of a driver.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the vision standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 85 applicants has satisfied the renewal conditions for
obtaining an exemption from the vision standard (see 63 FR 196; 63 FR
30285; 65 FR 20245; 65 FR 57230; 65 FR 66293; 67 FR 46016; 67 FR 57266;
67 FR 57267; 67 FR 67234; 69 FR 17263; 69 FR 31447; 69 FR 51346; 69 FR
52741; 69 FR 62741; 71 FR 14566; 71 FR 27034; 71 FR 30227; 71 FR 32183;
71 FR 32185; 71 FR 41310; 71 FR 41311; 71 FR 50970; 71 FR 53489; 71 FR
62147; 73 FR 6242; 73 FR 6244; 73 FR 16950; 73 FR 16952; 73 FR 27014;
73 FR 35196; 73 FR 35197; 73 FR 35200; 73 FR 36955; 73 FR 38499; 73 FR
42403; 73 FR 46973; 73 FR 48270; 73 FR 48273; 73 FR 48275; 73 FR 51336;
73 FR 51689; 73 FR 54888; 73 FR 63047; 73 FR 74565; 74 FR 65842; 75 FR
9482; 75 FR 22179; 75 FR 27622; 75 FR 36779; 75 FR 39725; 75 FR 44051;
75 FR 47883; 75 FR 50799; 75 FR 52061; 75 FR 52062; 75 FR 52063; 75 FR
54958; 75 FR 61833; 75 FR 63257; 75 FR 64396; 75 FR 66423; 75 FR 70078;
77 FR 10604; 77 FR 23799; 77 FR 26816; 77 FR 33558; 77 FR 36338; 77 FR
38384; 77 FR 41879; 77 FR 46153; 77 FR 46793; 77 FR 48590; 77 FR 52381;
77 FR 52388; 77 FR 52389; 77 FR 52391; 77 FR 56262; 77 FR 59245; 77 FR
60010; 77 FR 64582; 77 FR 64841; 77 FR 68199; 77 FR 68200; 78 FR 34143;
78 FR 41975; 78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR
67454; 78 FR 76395; 78 FR 77780; 79 FR 4803; 79 FR 10619; 79 FR 14571;
79 FR 18392; 79 FR 27365; 79 FR 28588; 79 FR 29498; 79 FR 35212; 79 FR
35218; 79 FR 38659; 79 FR 41735; 79 FR 45868; 79 FR 46153; 79 FR 46300;
79 FR 47175; 79 FR 51642; 79 FR 51643; 79 FR 53514; 79 FR 56097; 79 FR
56099; 79 FR 56104; 79 FR 58856; 79 FR 59348; 79 FR 59357; 79 FR 63211;
79 FR 64001; 79 FR 68199; 79 FR 70928; 79 FR 72754; 80 FR 2471; 80 FR
63869; 80 FR 67481; 80 FR 70060; 81 FR 15401; 81 FR 16265; 81 FR 39320;
81 FR 40634; 81 FR 42054; 81 FR 52514; 81 FR 66720; 81 FR 68098; 81 FR
70248; 81 FR 70251; 81 FR 70253; 81 FR 71173; 81 FR 72664; 81 FR 80161;
81 FR 80161; 81 FR 81230; 81 FR 90046; 81 FR 90050; 81 FR 91239; 81 FR
94013; 81 FR 96178; 81 FR 96191; 81 FR 96196). They have submitted
evidence showing that the vision in the better eye continues to meet
the requirement specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of November
and are discussed below:
    As of November 9, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 53 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (63 FR 196; 63 FR 30285; 65 FR
20245; 65 FR 57230; 65 FR 66293; 67 FR 46016; 67 FR 57266; 67 FR 57267;
67 FR 67234; 69 FR 17263; 69 FR 31447; 69 FR 51346; 69 FR 52741; 69 FR
62741; 71 FR 14566; 71 FR 27034; 71 FR 30227; 71 FR 32183; 71 FR 32185;
71 FR 41310; 71 FR 41311; 71 FR 50970; 71 FR 53489; 71 FR 62147; 73 FR
6242; 73 FR 6244; 73 FR 16950; 73 FR 16952; 73 FR 27014; 73 FR 35196;
73 FR 35197; 73 FR 35200; 73 FR 36955; 73 FR 38499; 73 FR 42403; 73 FR
46973; 73 FR 48270; 73 FR 48273; 73 FR 48275; 73 FR 51336; 73 FR 51689;
73 FR 54888; 73 FR 63047; 73 FR 74565; 74 FR 65842; 75 FR 9482; 75 FR
22179; 75 FR 27622; 75 FR 36779; 75 FR 39725; 75 FR 44051; 75 FR 47883;
75 FR 50799; 75 FR 52061; 75 FR 52062; 75 FR 52063; 75 FR 54958; 75 FR
61833; 75 FR 63257; 75 FR 64396; 75 FR 66423; 75 FR 70078; 77 FR 10604;
77 FR 23799; 77 FR 26816; 77 FR 33558; 77 FR 36338; 77 FR 38384; 77 FR
41879; 77 FR 46153; 77 FR 46793; 77 FR 48590; 77 FR 52381; 77 FR 52388;
77 FR 52389; 77 FR 52391; 77 FR 56262; 77 FR 59245; 77 FR 60010; 77 FR
64582; 77 FR 64841; 77 FR 68199; 77 FR 68200; 78 FR 34143; 78 FR 41975;
78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR 67454; 78 FR
76395; 78 FR 77780; 79 FR 4803; 79 FR 10619; 79 FR 14571; 79 FR 18392;
79 FR 27365; 79 FR 28588; 79 FR 29498; 79 FR 35212; 79 FR 35218; 79 FR
38659; 79 FR 41735; 79 FR 45868; 79 FR 46153; 79 FR 46300; 79 FR 47175;
79 FR 51642; 79 FR 51643; 79 FR 53514; 79 FR 56097; 79 FR 56099; 79 FR
56104; 79 FR 58856; 79 FR 59348; 79 FR 59357; 79 FR 64001; 79 FR 68199;
79 FR 70928; 79 FR 72754; 80 FR 63869; 80 FR 67481; 80 FR 70060; 81 FR
15401; 81 FR 16265; 81 FR 39320; 81 FR 40634; 81 FR 42054; 81 FR 52514;
81 FR 66720; 81 FR 68098; 81 FR 71173; 81 FR 80161; 81 FR 81230; 81 FR
90050; 81 FR 91239; 81 FR 96196):

John W. Arnold (KY)
Joel W. Bryant (LA)
Derric D. Burrell (AL)
Kenneth C. Caldwell (NY)
Juan Carranco (TX)
Dionicio Carrera (TX)
John P. Catalano (NJ)
Joshua L. Cecotti (WA)
David A. Coburn, Sr. (VT)
Julian Collins (GA)
Jimmie L. Crenshaw (AL)
Edward Cunningham (MI)
Louis A. DiPasqua, Jr. (NY)
Roderick L. Duvall (PA)
Kelvin Frandin Bombu (KY)
Tyron O. Friese (MN)
Randy M. Garcia (NM)
Jeffrey M. Hall (AL)
Clifford J. Harris (VA)
John H. Holmberg (WI)
Edward P. Hynes II (VA)
Thomas L. Kitchen (VA)
Richard A. Kolodziejczyk (CT)
John C. Lewis (SC)
Ronnie R. Lockamy (NC)
Ernest B. Martin (KY)
Mark L. McWhorter (FL)
Ronald S. Milkowski (NJ)
Jeremy L. Miller (OR)
Benny R. Morris (WV)
Larry G. Nikkel (WA)
Donald L. Nisbet (WA)
Dennis E. Palmer, Jr. (CT)
Larry A. Priewe (ND)
Chad M. Quarles (AL)
Robert D. Reeder (MI)
Albert L. Remsburg III (MD)
Antonio A. Ribeiro (CT)
Christopher W. Robinson (NY)
Sabahudin Sabic (IA)
Kirk Scott (CT)
Jimmy E. Settle (MO)
Lawrence Siegler (MN)
LeTroy D. Sims (SC)
David M. Smith (IL)
Sandra J. Sperling (WA)
Dale L. Stewart (MI)
Malcolm J. Tilghman, Sr. (DE)
Donald Wallace (IL)
Scott C. Westphal (MN)
Carl V. Wheeler (NC)
Earl L. White, Jr. (NH)
Hubert Whittenburg (MO)

    The drivers were included in docket numbers FMCSA-1998-3637; FMCSA-
2000-7006; FMCSA-2000-8203; FMCSA-2002-12294; FMCSA-2004-17195; FMCSA-
2006-24015; FMCSA-2006-24783; FMCSA-2007-0071; FMCSA-2008-0106; FMCSA-
2008-

0174; FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0291; FMCSA-2010-
0161; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2012-0040; FMCSA-2012-
0161; FMCSA-2012-0214; FMCSA-2012-0215; FMCSA-2013-0029; FMCSA-2013-
0030; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0170; FMCSA-2014-
0003; FMCSA-2014-0004; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-
0010; FMCSA-2014-0011; FMCSA-2014-0296; FMCSA-2015-0072; FMCSA-2016-
0028; FMCSA-2016-0029; FMCSA-2016-0031. Their exemptions are applicable
as of November 9, 2018, and will expire on November 9, 2020.
    As of November 11, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 22 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (81 FR 70248; 81 FR 70251; 81 FR
70253; 81 FR 90046; 81 FR 96178; 81 FR 96191):

Elijah A. Allen (AR)
Randal D. Aukes (MN)
Daniel L. Bawden (IL)
Keith D. Blackwell (TX)
Kathy J. Brown (OH)
Louis J. Cullen (NJ)
Edwin P. Davis (OR)
Wayne L. Dorbert (PA)
Timothy J. Dougherty (MN)
Kelly L. Ewing (PA)
Joseph G. Fischer (MO)
Josh Gallant (SC)
Stanley W. Goble (IA)
John P. Grum (PA)
William R. Guida (PA)
Jerry L. Hayden (IA)
Nylo K. Helberg (ND)
Dillon L. Hendren (SC)
J.W. Keener (PA)
George P. Mendiola (CA)
Alfred L. Robinson (AR)
Jerry L. Smith (VA)

    The drivers were included in docket numbers FMCSA-2016-0207; FMCSA-
2016-0208; FMCSA-2016-0209. Their exemptions are applicable as of
November 11, 2018, and will expire on November 11, 2020.
    As of November 22, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 63211; 80 FR 2471; 81 FR
72664; 81 FR 80161; 81 FR 94013):

Harry R. Brewer (TN)
Kevin J. Embrey (IN)
Peter J. Faber (NE)
Johnny E. Hill (AL)
Justin A. Hooper (MO)
John R. Horst (PA)
Robert E. Kelley (WA)
James F. McLaughlin (MN)
Michael J. Monroe (IA)
Brian T. Morrison (MO)

    The drivers were included in docket numbers FMCSA-2014-0297; 2016-
0210. Their exemptions are applicable as of November 22, 2018, and will
expire on November 22, 2020.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5,
who attests that the driver is otherwise physically qualified under 49
CFR 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (3) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file or keep a copy of his/her
driver's qualification if he/her is self- employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. The
exemption will be rescinded if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 85 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years unless revoked earlier by FMCSA.

    Issued on: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23234 Filed 10-23-18; 8:45 am]
 BILLING CODE 4910-EX-P


SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR Part 60, Subpart CCCC) (Renewal)

1.  Identification of the Information Collection

	1(a)  Title of the Information Collection

NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR Part 60, Subpart CCCC) (Renewal), EPA ICR Number 1926.05, OMB Control Number 2060-0450

	1(b)  Short Characterization/Abstract

	The New Source Performance Standards (NSPS) for Commercial and Industrial Solid Waste Incineration Units (CISWI) were proposed on November 30, 1999, and promulgated on December 1, 2000.  This standard applies to solid waste incinerators as defined at 40 CFR, part 60, subpart CCCC.

	Respondents are owners or operators of solid waste incinerators.  This standard applies to new stationary sources, that is, incineration units that meet either of the two criteria: 1) sources whose construction begins after the NSPS is proposed, which is November 30, 1999; or 2) sources that are reconstructed or modified on or after June 1, 2001.  The standards apply to the owner or operator of a combustion device that combusts commercial and industrial waste.  Commercial and industrial waste is a solid waste combusted in an enclosed device using controlled flame combustion without energy recovery, which is a distinct operating unit of any commercial or industrial facility, including field-erected, modular, and custom-built incineration units operating with starved or excess air, or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.

	The annual performance testing will ensure on an ongoing basis that the air pollution control device is operating properly and its performance has not deteriorated.  To minimize the burden of the annual performance testing, the rule only requires that the owner or operator test for particulate matter (PM), hydrogen chloride (HCl), and opacity.  Annual performance testing is not required for dioxins/furans, cadmium (Cd), carbon monoxide (CO), lead (Pb), mercury (Hg), nitrogen oxides (NO  ADVANCE \d 3 x  ADVANCE \u 3 ), and sulfur dioxide (SO  ADVANCE \d 3 2  ADVANCE \u 3 ).  This significantly reduces the testing costs while still providing the EPA with sufficient data to adequately assess compliance.  In addition, the rule allows the owner or operator to skip two annual tests for a pollutant if all performance tests over the previous three years show compliance with the emission limit.  During the initial performance test (for PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO, NO  ADVANCE \d 3 x  ADVANCE \u 3  and SO  ADVANCE \d 3 2  ADVANCE \u 3 ), the owner or operator must establish maximum or minimum values for each operating parameter.  Thereafter, the owner or operator must conduct annual performance tests for PM, HCl, and opacity, and continuously monitor the operating parameters.

	Owners or operators subject to the provisions of the subpart must perform the following activities: conduct performance tests; monitor operating parameters; prepare siting analysis; prepare waste management plan, operator training and qualifications, one-time and periodic reports, and the maintenance of records.  Reports are submitted semiannually and annually.  These activities will enable EPA to determine initial compliance with emission standards for the regulated pollutants, monitor compliance with operating parameters, and ensure that facilities conduct the proper planning and operator training.  Owners or operators of CISWI units are required to keep records of certain parameters and information for a period of five years.

	The standards include annual operator training requirements for incinerator unit operators (rule requires at least one qualified operator or supervisor per facility).  The annual training requirements include annual refresher training to maintain operator qualifications and an annual review of site-specific documentation.  The way in which an incinerator is operated has a significant impact on the emissions from that incinerator.  The annual operator training is essential to ensure that the incinerator is being operated properly.  The rule contains flexibility in the operator training by allowing the use of state-approved training and qualification programs.

	Records and reports required by the NSPS for commercial and industrial solid waste incineration units are necessary to enable EPA to identify sources subject to the standards and to ensure that the standards are being achieved.  Records and reports must be maintained at the facility and/or submitted to EPA.  All reports are sent to the delegated state, local, or tribal agency.  In the event that there is no such delegated authority, the reports are sent directly to the U.S. Environmental Protection Agency (EPA) regional office.

	The information collection requirements for the NSPS for Commercial and Industrial Solid Waste Incineration Units are summarized in Section 4(b).

	Approximately 31 sources are currently subject to the regulation which includes one new unit per year for the next three years.  All respondents are owned by either business or other for-profit entities.  The estimated labor cost of this ICR is $1,021,351.

The burden to the “Affected Public” may be found below in Table 1: Annual Industry Burden and Cost  - NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC) (Renewal).  The burden to the “Federal Government” is attributed entirely to work performed by Federal employees or government contractors; this burden may be found below in Table 2: Annual EPA Burden - NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC) (Renewal).

	The Office of Management and Budget (OMB) approved the current Information Collection Request (ICR) without any “Terms of Clearance.”

2.  Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

	The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

	In the Administrator's judgment, emissions from commercial and industrial solid waste incinerators cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart CCCC.

	2(b)  Practical Utility/Users of the Data

The information generated by monitoring, recordkeeping, and reporting requirements described in this ICR is used by EPA to assure compliance with the regulations which were promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standards.  Continuous emission monitors are used to ensure compliance with the emission standards at all times.  During the performance test, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance, if the continuous emission monitoring systems are not required.  Performance test reports are needed as these are the Agency records of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved.  The Agency or delegated authority may also observe the performance test.

The notifications required by the regulation are used to inform the Agency or delegated authority when a source becomes subject to the requirements and regulations.  The reviewing authority may then inspect the source to check if the pollution devices are properly installed and operated and if the facility complies with the regulatory standards.

The control of emissions of PM, HCl, or opacity from commercial and industrial solid waste incineration units requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment.  Emissions of pollutants from commercial and industrial solid waste incineration are the result of operation of the affected facilities.  The subject standards are achieved by the reduction of pollutant emissions using control technology and leak detection and repair procedures.

	The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.  The information generated by the monitoring, recordkeeping and reporting requirement described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment in compliance with the regulation.

3.  Non-duplication, Consultations, and Other Collection Criteria

	The requested recordkeeping and reporting are required under 40 CFR part 60,

subpart CCCC.

	3(a)  Non-duplication

	If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

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

	An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on July 30, 2009 (74 FR 38004).  No comments were received on the burden published in the Federal Register.

	3(c)  Consultations

The primary source of information was the industry and EPA data including an assessment by the Office of Air and Radiation.  Information provided by the industry is retained in the EPA Air Facility System (AFS) database which is operated and maintained by the EPA Office of Compliance.  AFS is the EPA database for the collection, maintenance, and retrieval of all compliance data.  Approximately 31 respondents are currently subject to the regulation, including one new respondent in each of the next three years.

It should be noted that the industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard when it was proposed and the standard was previously reviewed to determine the minimum information needed for compliance purposes.  No major problems regarding the rule monitoring, recordkeeping, or reporting were identified during the public comment period.

	3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and that emission limitations are met.  If the information required by these standards were collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.  If the relevant information is collected at less frequent intervals, the EPA would not be reasonably assured that an affected facility owner or operator is in compliance with the standards.

	3(e)  General Guidelines

	None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

	These standards require affected facilities to maintain all records, including reports and notifications for at least five years.  This is consistent with the General Provisions as applied to the standards.  EPA believes that the five-year records retention requirement is consistent with the part 70 permit program and the five-year statute of limitations on which the permit program is based.  Also, the retention of records for five years would allow EPA to establish the compliance history of a source and any pattern of compliance for purposes of determining the appropriate level of enforcement action.  Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five years.  EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if records were retained for less than five years.

	3(f)  Confidentiality

	The required information has been determined not to be confidential.  However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

	None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 4 CFR part 1320, section 1320.5.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC and NAICS Codes

	The respondents to the recordkeeping and reporting requirements are commercial and industrial solid waste incineration (CISWI) units.  The United States Standard Industrial Classification (SIC) codes, which correspond to the North American Industry Classification System (NAICS) codes, can be found in the following table:

Standard	SIC Codes	NAICS Codes

Commercial and Industrial Solid Waste Incineration Units (40 CFR, part 60, subpart CCCC)

Manufacturers of chemicals and allied products	28	325

Manufacturers of electronic equipment	34	325

Manufacturers of wholesale trade, durable goods	36	421

Manufacturers of lumber and wood furniture	24, 25	321, 337

	4(b)  Information Requested

	None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

		(i)  Data Items

	All data in this ICR that is recorded and/or reported is required by New Source Performance Standards (NSPS) for Commercial and Industrial Solid Waste Incineration (CISWI) Units (40 CFR part 60, subpart CCCC).

	A source must make the following reports:

Notification Reports

Notification of preconstruction (prior to commencing construction) including anticipated date of initial startup	60.2190

Notification of actual startup	60.2195

Notification of initial performance test	60.2200

Annual report 	60.2205 and 60.2210

Emission limitation or operating limit deviation report	60.2215 and 60.2220

Qualified operator deviation notification	60.2225(a)(1)

Qualified operator deviation status report	60.2225(a)(2)

Qualified operator deviation notification of resumed operation 60.2225(b)

Status report for operator offsite for more than 2 weeks	60.2225(a)(2)

	A source must keep the following records:

Recordkeeping

Records of initial performance tests, annual performance tests, and any subsequent performance tests.	60.2175(f)

Maintain records of days for which data on operating parameters have not been obtained, including operating parameters not measured, reasons for not measuring, and a description of corrective actions taken.	60.2175(c)

Maintain records of occurrence and duration of malfunction and the corrective action taken.	60.2175(d)

Maintain records of days when deviation from operating limits have occurred, and description of corrective actions taken.	60.2175(e)

Maintain records of all documentation produced for the siting analysis. 60.2175(g)

Maintain records of names of persons who have completed review of site-specific information and incinerator operating procedures. 60.2175(h) and 60.2095(a)

Maintain records of names of persons who have completed the operator training requirements.	60.2175(i)

Maintain records of names of phone and/or pager numbers of persons who have met the operator qualification criteria.	60.2175(j)

Maintain records or calibration of monitoring devices.	60.2175(k)

Maintain records of equipment vendor specifications for the incinerator, emission controls, and monitoring equipment.	60.2175(l)

Maintain records of daily log of quantity and types of wastes burned. 60.2175(n)

Records should be retained for five years.	60.2175

Electronic Reporting

	Currently, sources are using monitoring equipment that provides parameter data in an automated way, e.g., leaks and spills of mercury.  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.  In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden.  However, electronic reporting systems are still not widely used by the regulatory agencies.  It is estimated that approximately 10 percent of the respondents use electronic reporting.

		(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate control devices for PM, HCl, and opacity.

Perform initial performance test, Reference Method 1, 3A or 3B test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit or otherwise disclose the information.

5.  The Information Collected: Agency Activities, Collection Methodology, and Information Management

	5(a)  Agency Activities

	EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the AIRS Facility Subsystem (AFS).

	5(b)  Collection Methodology and Management

	Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard, and to note the operating conditions under which compliance was achieved.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

	Information contained in the reports is entered into the AFS which is operated and maintained by the EPA Office of Compliance.  AFS is the EPA database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for more than 125,000 industrial and government-owned facilities.  EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters.  EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

	 The records required by this regulation must be retained by the owner or operator for five years.

	5(c)  Small Entity Flexibility

	A majority of the affected facilities are large entities (e.g., large businesses).  The proposed NSPS and Emission Guidelines were intended to cover CISWI units burning industrial solid waste, not combustors burning municipal solid waste.  According to the final rule (65 FR 75348), approximately 29 percent of companies that own affected facilities may be small businesses.  However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.         The Agency considers these requirements to be the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities.  To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Industry Burden - NSPS for Commercial and Industrial Solid Waste Incineration Units (CSWI) (40 CFR part 60, subpart CCCC) (Renewal).

6.  Estimating the Burden and Cost of the Collection

	Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Where appropriate, specific tasks and major assumptions have been identified.  Responses to this information collection are mandatory.

	The 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.

	6(a)  Estimating Respondent Burden

	The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 11,246 (Total Labor Hours from Table 1) per year.  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

	6(b)  Estimating Respondent Costs

		(i)  Estimating Labor Costs

	This ICR uses the following labor rates:

Managerial	$100.99 ($48.09 + 110%)

Technical	$87.97   ($41.89 + 110%)

Clerical	$43.81   ($20.86 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, “December 2005, Table 2. Civilian Workers, by Occupational and Industry group”.  The rates are from column 1, “Total Compensation”.  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

		(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

	The types of industry cost associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring.  The capital/startup cost is a one-time cost when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitors and other costs such as photocopying and postage.

		(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent 1	(C)

Number of New Respondents 	(D)

Total Capital/Startup Cost

(B X C)	(E)

Annual O&M Costs for One Respondent 1	(F)

Number of Respondents with O&M	(G)

Total O&M

(E X F)

Wet Scrubber	$2,240	1	$2,240	$211	30	$6,330

	1  The capital/startup cost and O&M can be found in Table 1 under column “Non-labor costs per occurrence” and “Total non-labor costs per year”.

	The total capital/startup costs for this ICR are $2,240.  This is the total of column D in the above table.  The total operation and maintenance (O&M) costs for this ICR are $6,330.  This is the total of column G.  The total respondent costs have been calculated as the addition of the capital/startup costs and the annual operation and maintenance costs.  The average annual cost for capital/startup and operation and maintenance cost to industry over the next three years of the ICR is estimated to be $8,570.

	6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $9,521.

This cost is based on the average hourly labor rate as follows:

	Managerial	$57.20  (GS-13, Step 5, $35.75 x 1.6)

	Technical	$42.45  (GS-12, Step 1, $26.53 x 1.6)

	Clerical	$22.96  (GS-6, Step 3, $14.35 x 1.6)

These rates are from the Office of Personnel Management (OPM) ”2006 General Schedule“ which excludes locality rates of pay.

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

	There are approximately 31 respondents that are currently subject to the regulation.  Each respondent has one affected facility.

Respondent Universe and Number of Responses Per Year

Regulation Citation by Section	(A)

Average Number of New Respondents per Year	(B)

Number of Reports for New Sources	(C)

Number of Existing Respondents Reporting	(D)

Number of Reports for Existing Sources	(F)

Number of Respondents That Keep Records But Do Not Submit Reports	(E)

Total Annual Responses

(AxB)+(CxD)+F

Preconstruction Report 	1	1	N/A	N/A	0	1

Startup Notification	1	1	N/A	N/A	0	1

Annual Report	N/A	N/A	30	1	0	30

Deviation Report	N/A	N/A	3	2	0	6

Qualified Operator Deviation Notification	N/A	N/A	3	1	0	3

Qualified Operator Report	N/A	N/A	3	2	0	6

	Total	47

	The number of total respondents is 31.  This represents the number of existing sources plus the number of new sources averaged over the three-year period (i.e., the total of the number of new respondents over the three-year period divided by three years).

	The number of Total Annual Responses is 47.  This is the sum of column E of the Respondent Universe and Number of Responses Per Year table above.

	The Total Hours Requested is 11,246.  The total annual labor costs are $1,021,351.  Details regarding these estimates may be found below in Table 1: Annual Industry Burden and Cost - NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC) (Renewal).

	Note that the total annual capital and O&M costs to the regulated entity are $8,570.  These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

	6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

	The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively.

(i)  Respondents Tally

The annual burden for this collection of information is approximately 239 hours per response.  The Total Hour burden is 11,246 and the total annual labor costs are $1,021,351.

		(ii)  The Agency Tally

	The average annual Agency cost during the three years of the ICR is estimated to be $9,521.

	6(f)  Reasons for Change in Burden

	There is no change in the total labor hours for the respondents in this ICR compared to the previous ICR.  This is due to two considerations.  First, the regulations have not changed over the past three years and are not anticipated to change over the next three years.  Secondly, the growth rate for the industry is very low, negative or non-existent.  Therefore, the burden hour figures in the previous ICR reflect the current burden to the respondents and are reiterated in this ICR.  However, there are some minor corrections due to calculation errors.  There is an increase of one dollar in the total rounded labor cost to the respondents due to a calculation error in Table 1 of the previous ICR.  There is an increase in the total number of responses, from 45 to 47, due to a calculation error in “Respondent Universe and Number of Responses Per Year” in the previous ICR; this results in a decrease in the per-response hour burden, from 250 to 239 hours per response.

	6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 239 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2009-0537.  An electronic version of the public docket is available at http://www.regulations.gov/ which may be used 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.  When in the system, select “search,” then key in the docket ID number identified in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the docket center is<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0537 and OMB Control Number 2060-0450 in any correspondence.

Part B of the Supporting Statement

	This part is not applicable because no statistical methods were used in collecting this information.

Table 1:  Annual Industry Burden - NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC) (Renewal)

Burden Item	(A)

Respondent Hours per Occurrence (Technical hours)	Emission Testing Contractor Hours Per Occurrence	Non-Labor Costs Per Occurrence	(B)

Number of Occurrences Per Respondent Per Year	(C)

Hours Per Respondent Per Year

(C=A x B)	(D)

Number of Respondents Per Year a	(E)

Technical Hours Per Year @$87.97

(CXD) b	(F)

Management Hours Per Year @$100.99

(E x 0.05) b	(G)

Clerical Hours Per Year @$43.81

(E x 0.1) b	(H)

Emission Testing Contractor Hours Per Year @ $100 b	Total Labor Costs

Per Year b

1.	APPLICATIONS	N/A

2.	SURVEY AND STUDIES 	N/A

3.	REPORTING REQUIREMENTS

New Sources

A.	Read Instructions c,d	16 	0 	$0 	1 	16 	1 	16 	0.8 	1.6	0 	$1,558.4

	B.	Required Activities

	1)  Initial requirements c

	    a)  Initial stack test and report (PM, dioxins/ furans, opacity, HCI, Pb, Hg, SO2)	24	750	$0	1	24	1	24	1.2	2.4	750	$77,337.6

    b)  Establish and teach operator qualification course c	64	0	$0	1	64 1	64	3.2	6.4	0	$6,233.6

    c)  Obtain  operator qualification 	72	0	$0	1	72	1	72	3.6	7.2	0 $7,012.8

    d)  Establish operating parameters (maximum and minimum)	160 Included in 3B	$0	1	160	1	160	8	16	0	$15,584.1

    e)  Continuous parameter monitoring (including by-pass stack) initial costs d, e	9	0	$2,240 f	1	9	1	9	0.45	0.9	0	$876.6

    f)  Initial review of site-specific information	Included in 3B

2)  Periodic requirements g

	    a)  Annual stack test and test report (PM, HCl, and Opacity) 	12 125	$0	1	12	30	360	18	36	3,750	$410,064.2

    b)  Annual refresher operator training course	12	0	$0	1	12	30	360	18 36	0	$35,064.2

    c)  Annual review of site-specific information	8	0	$0	1	8	30	240	12 24	0	$23,376.1

    d)  Continuous parameter monitoring (including by-pass stack) annual costs f	83	0	$211	1	83	30	2,490	124.5	249	0	$242,527.2

	C. 	Create Information	Included in 3B

	D.	Gather Information	Included in 3E

	E.	Report Preparation

	1)  Report prior to construction (includes siting analysis) 	160 	0 	$0 	1 	160 	1 	160 	8 	16 	0 	$15,584.1

2)  Report prior to initial start-up c,i

    a)  Without site specific parameter petition	6	0	$0	1	6	1	6	0.3	0.6 0	$584.4

    b)  With site specific parameter petition	14	0	$0	1	14	0	0	0	0	0	$0

	   	3)  Report of initial performance test	Included in 3B

 	   	4)  Siting analysis for new units only (establishes values for site-specific  operating parameters).c	8	0	$0	1	8	1	8	0.4	0.8	0 	$779.2

	       	5)  Waste management plan c	160	0	$0	1	160	1	160	8	16	0 $15,584.1

	 	6)  Annual Report:

	    a)  Site specific operating parameters	8	0	$0	1	8	30	240	12	24	0 $23,376.1

    b)  Emissions/parameter exceedances and malfunctions k	Included in 3E	0	$0	1	0	3	0	0	0	0	$0

    c)  Results of stack tests conducted during the year	Included in 3B

    d)  Statement of no exceedances k	8	0	$0	1	8	27	216	10.8	21.6	0 $21,038.51

    e)  Documentation of use of by-pass stack	Included in 6B

    f) Documentation for periods when all qualified operators were unavailable for more than 8 hours	8	0	$0	1	8	30	240	12	24	0	$23,376.1

7)  Status report for operators that are off-site for more than 2 weeks j	8	0	$0	1	8	3	24	1.2	2.4	0	$2,337.6

8)  Corrective action summary for operators that are off-site for more than 2 weeks j	8	0	$0	2	16	3	48	2.4	4.8	0	$4,675.2

9)  Semiannual report of emissions/parameter exceedances k	12	0	$0	2	24 3	72	3.6	7.2	0	$7,011.65

 Reporting SUBTOTAL

	10,214	$933,983

4.  Recordkeeping Requirements

	A.	Read Instructions	Included in 3A

	B.	Plan Activities	Included in 3B

	C.	Implement Activities	Included in 3B

	D.	Develop Record System	Not applicable

	E.	Record Information

    	1)  Records of operating parameters	Included in 3B 	0	$0	52	0	30	0 0	0	0	$0

	 	2)  Records of periods for which minimum amount of data on operating parameters were not obtained	0.5	0	$0	52	26	3	78	3.9	7.8	0	$7,597.24

	  	3)  Records of malfunction of the unit	1.5	0	$0	1	1.5	3	4.5	0.225 0.45	0	$438.3

	 	4)  Records of exceedances of the operating parameters	1.5	0	$0	1	1.5 3	4.5	0.225	0.45	0	$438.3

	 	5)  Records of stack tests	Included in 3E

	 	6)  Records of siting analysis	Included in 3E

	 	7)  Records of persons who have reviewed operating procedures	1	0	$0 1	1	30	30	1.5	3	0 	$2922

	 	8)  Records of persons who have completed operator training	1	0	$0	1 1	30	30	1.5	3	0 	$2922

	 	9)  Records of persons who meet operator qualification criteria	1	0 $0	1	1	30	30	1.5	3	0 	$2922

	 	10)  Records of monitoring device calibration	Included in 3B

	11) Records of site-specific documentation	24	0	$0	1	24 	30	720	36	72	0 	$70,128.4

	F.	Personnel Training	Included in 3B

	G.	Time for Audits	Not applicable

Recordkeeping SUBTOTAL

	1,032	$87,368

TOTAL:

5,866	293	587	4,500	$1,021,351

	Total Hours	Labor	Non-Labor	Total Labor and No-Labor

Summary of Respondent Burden	11,246	$1,021,351	$8,570	$1,029,921

ASSUMPTIONS:

a.  We assume 700 hours per stack test

b  We assume that all tasks are to be performed by managerial, technical and clerical personnel.  This ICR uses the following labor rates: $100.99 for Managerial labor, $87.97 for Technical labor and $43.81 for Clerical labor.  These rates are from the United States Department of Labor Bureau of Labor Statistics, “September 2005, Table 2 Civilian Workers, by Occupational and Industry group.”  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.  We also included contractors at $100/hr.  The labor rate was also taken from the above occupational and industry group under Blue-Collar occupation that covers Machine operators, and took the rates from column 1, “Total compensation.”

c.  This activity is based on a one-time cost only.

d  Cost incurred by a facility regardless of the number of affected units at the plant.

e.  Based on the “Revised Testing and Monitoring Options and Costs for medical Waste Incinerators (MWIs) - Methodology and Assumptions (A-91-61,IV-B-66), was assumed that ($300 will be for planning + $500 for selection)/$89.94 per hour = 9 hours.

f   Total capital cost of parameter monitoring for wet scrubbers minus costs for planning and selecting equipment ($300 + $500) equals: $18,786 - $800 = $17,986.  Based on 0.11746 capital recovery factor, 10 percent interest rate and 20 year lifetime of the units = $2,113 with a 1.06 cost adjustment = $2,240.

g.  Annual costs are not incurred until the second year that the units are in operation.

h.  Based on memorandum titled "Revised Testing and Monitoring Options and Costs for Medical Waste Incinerators (MWI's) - Methodology and Assumptions [A-91-61, IV-B-66].  83 hours for reporting.  Operation and maintenance costs - $1,693 * 0.11746 = $199.   $199 * 1.06 cost adjustment= $211.

i  We assume that one-third of the facilities will petition for site-specific parameters (6 x 33% = 2).

j  We assume that 10 percent of the facilities would not have a qualified operator available for more than two weeks at least once a year.  We assume that this required only two corrective action summaries.

k  We assume that 10 percent of the facilities would have an exceedance during the year.

TABLE 2: Annual EPA Burden - NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC) (Renewal)

BURDEN ITEMS	(A)

Hours Per Occurrences	(B)

Number of Occurrence Per Year	(C)

Tech Hours Per Year

@ $42.45

(C=AxB) a	(D)

Management Hours Per Year

@ $57.20

(D=Cx0.05) a	(E)

Clerical Hours Per Year

@ $22.96

(E=Cx0.1)a	(F)

Cost Per

Year (b)e

1.	Applications	N/A

	2.	Read and Understand Rule Requirements a&c	16	0	0	0	0	$0

3.	Required Activities

	A.	Observe initial stack tests b&c

(PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO, NOx, and SO2)	48	0	0 0	0	$0

	B.	Create Information	N/A

C.	Gather Information	N/A

D.	Report Reviews

1)  Review control plan c	8	0	0	0	0	$0

2)  Review notification of final compliance c	8	0	0	0	0	$0

3)  Review waste management plan c	8 	0 	0	0	0	$0

4)  Review initial stack test report c	40	0	0	0	0	$0

5)  Review annual compliance report	8	0 	0	0	0	$0

6)  Review semi-annual excess emission and parameter exceedance report 16	0 	0	0	0	$0

7)  Review status reports and corrective action summary for operators off-site	4 	0	0	0	0	$0

	E.	Prepare annual summary report d	4	50	200	10	20	$9,521

	TOTAL

200 f	10 f	20 f	$9,521

Assumptions:

a.  Costs are based on the following rates obtained from the Office of Personnel Management (OPM) “2006 General Schedule” which excludes locality rates of pay:  1) Managerial at $57.20, 2) Technical at $42.45, and 3) Clerical at $22.96 per hour.  These rates are increased by 1.6 benefits multiplication factor to account for government overhead expenses.

b.  Time required to observe initial stack tests (hours per plant):  48

c.  This is a one-time only cost.

d.  We assume that each state will prepare an annual summary of progress for implementing the state plan.  One occurrence per year x 50 states = 50 occurrences.

e.  Total costs per year may not correspond with the end total, this is due to the number being rounded.  Total cost per year:  $8,858.

f.  Total number of EPA hours per year:  230

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