[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Notices]
[Page 47612]
[DOCID:fr06au10-94]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1930-DR; Docket ID FEMA-2010-0002]

Iowa; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Iowa (FEMA-1930-DR), dated July 29, 2010, and
related determinations.

DATES: Effective Date: July 29, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 29, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Iowa resulting from severe storms, flooding, and tornadoes
beginning on June 1, 2010, and continuing, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Iowa.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas A. Hall, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Iowa have been designated as
adversely affected by this major disaster:

    Adams, Appanoose, Audubon, Buena Vista, Butler, Cherokee, Clay,
Davis, Decatur, Franklin, Howard, Humboldt, Iowa, Lee, Lyon,
Madison, Marion, Mills, Monroe, Montgomery, O'Brien, Osceola, Palo
Alto, Ringgold, Shelby, Union, Van Buren, Wapello, Warren, Wayne,
Webster, and Wright Counties for Public Assistance.
    All counties within the State of Iowa are eligible to apply for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-19465 Filed 8-5-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Proposed Rules]
[Pages 21532-21534]
[FR Doc No: 2010-9614]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1011; Airspace Docket No. 09-ANM-19]

Proposed Establishment of Class E Airspace; Bryce Canyon, UT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This SNPRM elicits comments addressing the proposed
establishment of Class E surface airspace at Bryce Canyon Airport,
Bryce Canyon, UT. In a NPRM published in the Federal Register November
18, 2009, the FAA proposed only to establish Class E airspace extending
upward from 700 feet above the surface, to accommodate aircraft using
new Area Navigation (RNAV) Global Positioning System (GPS) Standard
Instrument Approach Procedures (SIAPs) at the airport. This action
would increase safety within the National Airspace System.

DATES: Comments must be received on or before June 10, 2010.

ADDRESSES: Send comments on this proposal 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.
Telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2009-
1011; Airspace Docket No. 09-ANM-19, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On November 18, 2009, the FAA published in the Federal Register a
NPRM to establish Class E airspace, extending upward from 700 feet or
more above the surface, at Bryce Canyon Airport, Bryce Canyon, UT (74
FR 59492). The comment period closed January 4, 2010. Two comments were
received.
    Both commenters recommended establishing Class E surface airspace
for aircraft safety. The FAA found merit in

their comments, and, therefore, seeks comments on the proposal for
establishment of Class E surface airspace in this SNPRM.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2009-1011 and Airspace Docket No. 09-ANM-19) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2009-1011 and Airspace Docket No. 09-ANM-19.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Supplemental Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E surface airspace
at Bryce Canyon, UT, in concert with Class E airspace extending upward
from 700 feet above the surface, to accommodate aircraft using the new
RNAV (GPS) SIAPs at Bryce Canyon Airport. This action would enhance the
safety and management of IFR operations at the airport.
    Class E airspace designations are published in paragraph 6002 and
6005, respectively, of FAA Order 7400.9T, signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in this Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Bryce Canyon Airport,
Bryce Canyon, UT.

List of Subjects in 14 CFR Part 71

    Airspace, incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009 is amended as follows:

Paragraph 6002 Class E airspace Designated as Surface Areas.

* * * * *

ANM UT E2 Bryce Canyon, UT [New]

Bryce Canyon Airport, UT
    (Lat. 37[deg]42'23'' N., long. 112[deg]08'45'' W.)

    Within a 4.2-mile radius of Bryce Canyon Airport. This Class E
airspace area is effective during specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM UT E5 Bryce Canyon, UT [New]

Bryce Canyon Airport, UT
    (Lat. 37[deg]42'23'' N., long. 112[deg]08'45'' W.)

    That airspace extending upward from 700 feet above the surface
within 8 miles each side of the 047[deg] and 227[deg] bearing from
the airport, extending 18 miles northeast and 15.9 miles southwest
of the airport.

    Issued in Seattle, Washington, on April 16, 2010.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-9614 Filed 4-23-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 20, 2008 (Volume 73, Number 98)]
[Notices]
[Page 29141-29142]
[DOCID:fr20my08-60]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-0383]

Information Collection Request to Office of Management and
Budget; OMB Control Numbers: 1625-0028, 1625-0034, and 1625-0043

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit Information Collection Requests
(ICRs) and Analyses to the Office of Management and Budget (OMB)
requesting an extension of their approval for the following collections
of information: (1) 1625-0028, Course Approvals for Merchant Marine
Training Schools; (2) 1625-0034, Ships' Stores Certification for
Hazardous Materials Aboard Ships, and (3) 1625-0043, Ports and
Waterways Safety--Title 33 CFR Subchapter P. Before submitting these
ICRs to OMB, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before July 21, 2008.

ADDRESSES: To avoid duplicate submissions to the docket [USCG-2008-
0383], please use only one of the following means:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (DMF) (M-30), U.S. Department
of Transportation (DOT), West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand deliver between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.
    The DMF maintains the public docket for this notice. Comments and
material received from the public, as well as documents mentioned in
this notice as being available in the docket, will become part of this
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find this docket on the Internet
at http://www.regulations.gov.
    Copies of the completed ICRs are available through this docket on
the Internet at http://www.regulations.gov. Additionally, copies are
available from Commandant (CG-611), U.S. Coast Guard Headquarters,
(Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-
0001. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    The Coast Guard invites comments on whether this information
collection request should be granted based on it being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the collections; (2) the accuracy of the estimated burden of
the collections; (3) ways to enhance the quality, utility, and clarity
of information subject to the collections; and (4) ways to minimize the
burden of collections on respondents, including the use of automated
collection techniques or other forms of information technology.
    We encourage you to respond to this request by submitting comments
and related materials. We will post all comments received, without
change, to http://www.regulations.gov. They will include any personal
information you provide. We have an agreement with DOT to use their
DMF. Please see the paragraph on DOT's ``Privacy Act Policy'' below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2008-0383], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES; but please
submit them by only one means. If you submit them by mail or 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 them by mail
and would like to know that they reached the Facility,

please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
We may change the documents supporting this collection of information
or even the underlying requirements in view of them.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this notice as being available in the
docket. Enter the docket number [USCG-2008-0383] in the Search box, and
click, ``Go>>.'' You may also visit the DMF in room W12-140 on the West
Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act Statement of DOT in the Federal Register published on April 11,
2000 (65 FR 19477), or by visiting http://DocketsInfo.dot.gov.

Information Collection Request

    1. Title: Course Approval and Records for Merchant Marine Training
Schools.
    OMB Control Number: 1625-0028.
    Summary: The information is needed to ensure that merchant marine
training schools meet minimal statutory requirements. The information
is used to approve the curriculum, facility and faculty for these
schools.
    Need: 46 U.S.C. 7315 authorizes an applicant for a license or
document to substitute the completion of an approved course for a
portion of the required sea service. 46 CFR 10.302 prescribes the Coast
Guard regulations for course approval.
    Respondents: Merchant marine training schools.
    Frequency: Five years for reporting; one year for recordkeeping.
    Burden Estimate: The estimated burden has increased from 27,675
hours to 97,260 hours a year.
    2. Title: Ships' Stores Certification for Hazardous Materials
Aboard Ships.
    OMB Control Number: 1625-0034.
    Summary: The information is needed to ensure that personnel aboard
ships are made aware of the proper usage and stowage instructions for
certain hazardous materials. Provisions are made for waivers of
products in special DOT hazard classes.
    Need: 46 U.S.C. 3306 authorizes the Coast Guard to prescribe
regulations for the transportation, stowage, and use of ships' stores
and supplies of a dangerous nature. 46 CFR Part 147 prescribes the
regulations for hazardous ships' stores.
    Respondents: Suppliers and manufacturers of hazardous products used
on ships.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has increased from 9 hours to
12 hours a year.
    3. Title: Ports and Waterways Safety--Title 33 CFR Subchapter P.
    Summary: This collection of information allows the master, owner,
or agent of a vessel affected by these rules to request a deviation
from the requirements governing navigation safety equipment to the
extent that there is no reduction in safety.
    Need: Provisions in 33 CFR chapter I, subchapter P, allow any
person directly affected by the rules in that subchapter to request a
deviation from any of the requirements as long as it does not
compromise safety. This collection enables the Coast Guard to evaluate
the information the respondent supplies, to determine whether it
justifies the request for a deviation.
    Respondents: Master, owner, or agent of a vessel.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has decreased from 3,171
hours to 2,865 hours a year.

    Dated: May 13, 2008.
D.T. Glenn,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
 [FR Doc. E8-11231 Filed 5-19-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Notices]
[Page 19060]
[DOCID:fr08ap08-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EG08-19-000; EG08-20-000; EG08-21-000; EG08-22-000; EG08-
23-000; EG08-24-000; EG08-25-000; EG08-27-000; EG08-28-000]

Sweetwater Wind 5 LLC; South Trent Wind LLC; Forward Windpower,
LLC; Lookout Wind Power, LLC; Breech Ridge Energy LLC; Las Vegas
Cogeneration Limited Partnership; Buffalo Gap Wind Farm 3, LLC; Rail
Splitter Wind Farm, LLC; Waterbury Generation, LLC; Notice of
Effectiveness of Exempt Wholesale Generator or Foreign Utility Company
Status

March 31, 2008.
    Take notice that during the month of February 2008, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-7286 Filed 4-7-08; 8:45 am]

BILLING CODE 6717-01-P


Calculations Performed in Developing the Proposed 2012 RWQC Values:

This memo presents the calculations and process of rounding values performed by EPA in the process of developing the 2012 RWQC values.

1. The Recommended 2012 RWQC values

Table 1. Recommended 2012 RWQC.
                               Criteria Elements
     Estimated Illness Rate (NGI): 36 per 1,000 primary contact recreators

                                      OR
                        Estimated Illness Rate (NGI):
                    32 per 1,000 primary contact recreators

                                   Magnitude

                                   Magnitude
Indicator
                                      GM
                                (cfu/100 mL)[a]
                                      STV
                               (cfu/ 100 mL)[a]

                                      GM
                                (cfu/100 mL)[a]
                                      STV
                               (cfu/ 100 mL)[a]
Enterococci  -  marine and fresh
                                      35
                                      130

                                      30
                                      110
OR

E. coli  -  fresh
                                      126
                                      410

                                      100
                                      320
Duration and Frequency: The waterbody GM should not be greater than the selected GM magnitude in any 30-day interval. There should not be greater than a ten percent excursion frequency of the selected STV magnitude in the same 30-day interval.
[a] EPA recommends using EPA Method 1600 (U.S. EPA, 2002a) to measure culturable enterococci, or another equivalent method that measures culturable enterococci and using EPA Method 1603 (U.S. EPA, 2002b) to measure culturable E. coli, or any other equivalent method that measures culturable E. coli.

Enterococci (fresh and marine waters)
Culturable enterococci GMs of 30 and 35 cfu per 100 mL are based on the EPA's analysis of the 1986 epidemiological data and the NEEAR combined fresh and marine water quality data as described in the 2012 RWQC document. STVs for those GMs were calculated as follows:

STV = 130 cfu per 100 mL for a GM of 35 cfu per 100 mL
   * Assuming a log10 standard deviation of 0.44, the 90[th] percentile of the distribution with a GM of 35 cfu per 100 mL is given by Equation (1):

STV= antilog10 [log10(GM)+Z90*log10SD]			(1)

where Z90=1.28 is the one-sided standard normal z statistic for a 90% confidence interval (CI).
   * The STV is 128 cfu per 100 mL. EPA rounded up to 130 cfu per 100 mL.

STV = 110 cfu per 100 mL for a GM of 30 cfu per 100 mL
   *  Using Equation (1) and a log10 standard deviation of 0.44, the STV for a GM of 30 cfu per 100 mL is 110 cfu per 100 mL.

E. coli (fresh waters)
GM = 126 cfu per 100 mL
   * Based on the results of the 1986 freshwater analyses and the analyses presented in section 3.2.4 of the 2012 RWQC, EPA assumes that 35 cfu per 100 mL culturable enterococci corresponds to 36 NGI per 1,000 primary contact recreators (8 HCGI per 1,000 primary contact recreators).
   * Using the 1986 fresh water relationship between swimming-associated illness (Equation (2)):

Swimming associated HCGI illness = − 11.74 + 9.397 (mean log10 E. coli per 100 mL) (2)

EPA computed that 8 HCGI per 1,000 primary contact recreators corresponds to an E. coli density of 126 cfu per 100 mL.

GM = 100 cfu per 100 mL
   * Based on the analyses presented in section 3.2.4 of the 2012 RWQC, EPA estimated that 30 cfu per 100 mL culturable enterococci corresponds to an estimated illness range of 27-36 NGI per 1,000 primary contact recreators (Figure 4 in the 2012 RWQC document). EPA used the midpoint of this range (31.5 NGI per 1,000 primary contact recreators) as the estimated illness corresponding to 30 cfu per 100 mL. The illness rate of 31.5 NGI per 1,000 primary contact recreators corresponds to 7 HCGI per 1,000 primary contact recreators.
   * Using the 1986 fresh water relationship between swimming-associated illness (Equation (2)), 7 HCGI per 1,000 primary contact recreators corresponds to an E. coli density of 99 cfu per 100 mL. EPA rounded up to 100 cfu per 100 mL.

STV = 410 cfu per 100 mL for a GM of 126 cfu per 100 mL
   * Using Equation (1) and assuming a log10 standard deviation of 0.40, the STV is 410 cfu per 100 mL.

STV = 320 cfu per 100 mL for a GM of 100 cfu per 100 mL
   * Using Equation (1) and assuming a log10 standard deviation of 0.40, the STV corresponding to the GM of 100 cfu per 100 mL is 325 cfu per 100 mL. EPA rounded down to 320 cfu per 100 mL.

2. Beach Action Values (BAV)

Table 2. Beach Action Values (BAV).
                                   Indicator
     Estimated Illness Rate (NGI): 36 per 1,000 primary contact recreators

                                      OR
     Estimated Illness Rate (NGI): 32 per 1,000 primary contact recreators

                                      BAV
                              (Units per 100 mL)

                                      BAV
                              (Units per 100 mL)
Enterococci  -  culturable (fresh and marine)[a]

                                    70 cfu

                                    60 cfu
 E. coli  -  culturable (fresh)[b]
                                    235 cfu

                                    190 cfu
 Enterococcus spp.  -  qPCR (fresh and marine)[c]
                                   1,000 cce

                                    640 cce
[a] Enterococci measured using EPA Method 1600 (U.S. EPA, 2002a), or another equivalent method that measures culturable enterococci.
[b] E. coli measured using EPA Method 1603 (U.S. EPA, 2002b), or any other equivalent method that measures culturable E. coli.
[c] EPA Enterococcus spp. Method 1611 for qPCR (U.S. EPA, 2012b). See section 5.2. 2012 RWQC.

Enterococci (marine and fresh waters)
BAV of 70 cfu per 100 mL for a GM of 35 cfu per 100 mL
   *    Assuming a log10 standard deviation of 0.44, the 75[th] percentile of the distribution is given by Equation (1), where Z75=0.675 is the one-sided standard normal z statistic for a 75% CI.

   *    The BAV is 69 cfu per 100 mL. EPA rounded up to 70 cfu per 100 mL.

BAV of 60 cfu per 100 mL for a GM of 30 cfu per 100 mL
   * Using Equation (1) with a Z75=0.675 and log10 standard deviation of 0.44, the BAV is 59 cfu per 100 mL. EPA rounded up to 60 cfu per 100 mL.

E. coli (fresh waters)
BAV of 235 cfu per 100 mL for a GM of 126 cfu per 100 mL
   * Using Equation (1) with a Z75=0.675 and log10 standard deviation of 0.40, the BAV is 235 cfu per 100 mL.

BAV of 190 cfu per 100 mL for a GM of 100 cfu per 100 mL
   * Using Equation (1) with a Z75=0.675 and log10 standard deviation of 0.40, the BAV is 186 cfu per 100 mL. EPA rounded up to 190 cfu per 100 mL

Enterococcus qPCR (fresh and marine waters)
BAV of 1,000 cce per 100 mL for a GM of 470 cce per 100 mL
   * Using Equation (1) with a Z75=0.675 and log10 standard deviation of 0.49, the BAV is 1,007 cce per 100 mL. EPA rounded down to 1,000 cce per 100 mL.

BAV of 1,000 cce per 100 mL for a GM of 300 cce per 100 mL
   * Using Equation (1) with a Z75=0.675 and log10 standard deviation of 0.49, the BAV is 642 cfu per 100 mL. EPA rounded down to 640 cce per 100 mL
3. Equivalent Enterococcus qPCR Method 1611 values (fresh and marine waters)

Table 3. Values for qPCR.
Element
     Estimated Illness Rate (NGI): 36 per 1,000 primary contact recreators
                                      OR
     Estimated Illness Rate (NGI): 32 per 1,000 primary contact recreators

                                   Magnitude

                                   Magnitude

                                      GM
                                   (cce per
                                    100 mL)
                                      STV
                                   (cce per
                                    100 mL)

                                      GM
                                   (cce per
                                    100 mL)
                                     STV
                                   (cce per
                                    100 mL)
qPCR[a]
                                      470
                                     2,000

                                      300
                                     1,280
Duration and Frequency: The waterbody GM should not be greater than the selected GM magnitude in any 30-day interval. There should not be greater than a 10 percent excursion frequency of the selected STV magnitude in the same 30-day interval.
[a] EPA Enterococcus spp. Method 1611 for qPCR (U.S. EPA, 2012b).

Enterococcus  -  qPCR Method 1161(fresh and marine waters)
qPCR-based GM values of 470 cce per 100 mL and 300 cce per 100 mL
   * Using EPA's NEEAR combined relationship between swimming-associated illness (Equation (3) below)

Swimming associated NGI = -27.31 + 23.73 (mean log10 qPCR cce per 100 mL)       (3)

   * 31.5 NGI per 1,000 primary contact recreators corresponds to a qPCR GM of 301 cce per 100 mL.
   * 36 NGI per 1,000 primary contact recreators corresponds to an exact qPCR GM of 466 cce per 100 mL.
   * EPA rounded 301 to 300 cce per 100 mL, and 466 to 470 cce per 100 mL.

qPCR-based STV values of 2,000 and 1,280 cce per 100 mL
   * Using Equation (1) with a Z90=1.28 and assuming a log10 standard deviation of 0.49,
         o The STV value for a GM of 470 cce per 100 mL is 1,992 cce per 100 mL. EPA rounded up to 2,000 cce per 100 mL.
         o The STV value for a GM of 300 cce per 100 mL is 1,272 cce per 100 mL. EPA rounded up to 1,280 cce per 100 mL.


[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Proposed Rules]
[Pages 80109-80110]
[FR Doc No: 2022-28313]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122 and 123

[EPA-HQ-OW-2022-0834; FRL-10123-03-OW]
RIN 2040-AG27

NPDES Small MS4 Urbanized Area Clarification; Extension of
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the proposed rule entitled ``NPDES Small MS4
Urbanized Area Clarification.'' EPA is extending the comment period for
15 days, from January 3, 2023 to January 18, 2023, in response to a
stakeholder request for an extension. EPA is also publishing the same
extension of the comment period to the direct final rule in the Federal
Register.

DATES: The comment period for the proposed rule published in the
Federal Register on December 2, 2022 (87 FR 74066), is being extended
for fifteen days. Comments must be received on or before January 18,
2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2022-0834 to https://www.regulations.gov/. Follow the online
instructions for submitting comments.
    Once submitted, comments cannot be edited or removed from
Regulations.gov.

EPA may publish any comment received to the public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment.
    The written comment is considered the official comment and should
include discussion of all points you wish to make. The agencies will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Heather Huddle, Water Permits Division
(MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20004; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: On December 2, 2022, EPA published a direct
final rule (87 FR 73965) and a proposed rule (87 FR 74066) entitled
``NPDES Small MS4 Urbanized Area Clarification.'' The original deadline
to submit comments was January 3, 2023. This action extends the comment
period for 15 days. Written comments must now be received by January
18, 2023. Related to this extension, the direct final rule will become
effective on March 2, 2023 without further notice, unless EPA receives
adverse comment by January 18, 2023. If EPA receives adverse comment by
January 18, 2023, the Agency will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

Wynne Miller,
Deputy Director, Office of Wastewater Management.
[FR Doc. 2022-28313 Filed 12-28-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Page 57838]
[FR Doc No: 2015-24410]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3372-EM; Docket ID FEMA-2015-0002]

Washington; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Washington (FEMA-3372-EM), dated August 21, 2015, and
related determinations.

DATES: Effective Date: September 10, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 10, 2015.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-24410 Filed 9-24-15; 8:45 am]
 BILLING CODE 9111-23-P


Supporting Statement

for

Information Collection Request

Emission Control System Performance Warranty Regulations

and Voluntary Aftermarket Part Certification Program

(Renewal)

ICR 0116.09

OMB 2060-0060

42 USC 7521

40 CFR Part 85

Compliance and Innovative Strategies Division

Office of Transportation and Air Quality

Office of Air and Radiation

U.S. Environmental Protection Agency

PART A

1.     Identification of the Information Collection

1(a)  Title and Number of the Information Collection

	Emission Control System Performance Warranty Regulations and Voluntary
Aftermarket Part Certification Program (Renewal), EPA Number 0116.09,
OMB Control Number 2060-0060.

1(b) Short Characterization

	Under Section 206(a) of the Clean Air Act (CAA, 42 USC 7521),
on-highway engine and vehicle manufacturers may not legally introduce
their products into US commerce unless EPA has certified that their
production complies with applicable emission standards. Under section
207(a), original vehicle manufacturers must warrant that vehicles are
free from defects in materials and workmanship that would cause the
vehicle not to comply with emission regulations during its useful life.
Section 207(a) directs EPA to provide certification to those
manufacturers or builders of automotive aftermarket parts who
demonstrate that the installation and use of their products will not
cause failure of the engine or vehicle to comply with emission
standards.  An aftermarket part is any part offered for sale for
installation in or on a motor vehicle after such vehicle has left the
vehicle manufacturer’s production line (40 CFR 85.2113(b)).
Participation in the aftermarket certification program is voluntary.

	Aftermarket part manufacturers electing to participate in the
certification program conduct emission and durability testing as
described in 40 CFR part 85, subpart V, and submit data about their
products and testing procedures.

	This information is collected by the Compliance and Innovative
Strategies Division (CISD), Office of Transportation and Air Quality
(OTAQ), Office of Air and Radiation (OAR), U.S. Environmental Protection
Agency (EPA).  Besides CISD, this information could be used by the
Office of Enforcement and Compliance and the Department of Justice for
enforcement purposes.  Non-confidential portions of the information
submitted to EPA could be disclosed to the public upon request.  This
information could be used by trade associations, environmental groups,
and the public.

	Due to the fact that EPA has received only two aftermarket part
certification applications since 1989, the Agency does not expect to
receive any applications in the next three years.  The purpose of this
ICR renewal is to preserve EPA's authority to receive such an
application in the event that one is submitted. Consequently, for the
purposes of this information collection request, EPA has assumed that
one manufacturer will apply for aftermarket part certification during
the three-year period covered by this collection.

2.  	Need for and Use of the Collection

2(a)	Need/Authority for the Collection

	EPA’s emission certification programs, including aftermarket part
certification, are statutorily mandated; the agency does not have
discretion to discontinue these functions. Section 207(a) of the CAA
mandates EPA to provide emissions compliance certification for
manufacturers of automotive aftermarket parts that wish to certify their
products.  Regulations implementing this requirement are found at 40 CFR
part 85, subpart V.

	The information collected under this request is needed to insure that
aftermarket parts do not cause vehicles to exceed emission standards and
to enforce the CAA’s warranty requirements.  Original vehicle
manufacturers are required to honor warranty claims when a malfunction
was caused by a certified aftermarket part.  If the aftermarket part had
not been certified, the original vehicle manufacturer can deny the
claim.

2(b)	Practical Utility/Users of the Data

	EPA would use the information to investigate warranty claim denials and
possible tampering violations and to inform the public about what parts
are certified.

 	The information would be received and used by CISD/OTAQ/OAR.
Non-confidential portions of the information submitted would be
available to be used by importers, environmental groups, members of the
public and local, state and federal government organizations.

3.	Nonduplication, Consultations and Other Collection Criteria

3(a)	Nonduplication

	The information requested under this ICR is required by statute.
Because of its specialized nature, the information collected is not
available from any other source.

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

	A notice of the docket and public comment period for this ICR renewal
was published in the Federal Register on January 22, 2010 (75 FR 3723).
A copy of the ICR was placed in the docket.  No comments were received.

3(c)	Consultations

Since no aftermarket part certification applications have been received
during the last several years, burden estimates are based on estimates
developed in 1986.  These estimates were developed using information
obtained during informal conversations with Mr. Robert Burch from the
Specialty Equipment Marketing Associations (SEMA) and Mr. Joseph
Dougherty from the Motor and Equipment Manufacturing Association (MEMA).

3(d)	Effects of Less Frequent Collection

	The information requested is only collected on occasion, when a
manufacturer elects to submit an application for aftermarket part
certification.

3(e)	General Guidelines

	According to 40 CFR 85.2120(a), the information gathered by the
manufacturer to compile aftermarket part applications must be kept for
five years unless the part has been certified for use exclusively in
vehicles with less than five years of emission warranty coverage
remaining (see section 4(b)(i)(B) for details).  The five-year
recordkeeping requirement stems from the CAA mandate that manufacturers
recall engines failing to meet emission standards throughout their
useful lives.

	Under this information collection, manufacturers may submit certain
sensitive technical and proprietary information related to part design.
This information is kept confidential in accordance with the Freedom of
Information Act, EPA regulations at 40 CFR part 2, and class
determinations issued by EPA's Office of General Counsel.

	No other general guideline is exceeded by this information collection.

3(f)	Confidentiality

	Manufacturers are allowed to assert a claim of  confidentiality over
information provided to EPA.  Confidentiality is provided in accordance
with the Freedom of Information Act and EPA regulations at 40 CFR part
2.

3(g)	Sensitive Questions

	No sensitive questions are asked.

4.	Respondents and Information Requested

4(a)	Respondents/NAICS Codes

	Respondents are manufacturers of on-highway vehicles within the
following North American Industry Classification System (NAICS) code:

336312 Gasoline Engine and Engine Parts Manufacturing

4(b)	Information Requested

	(i)	Data Items

	Tables A and B list the data items requested under this information
collection.

Notification of intent to certify

	Manufacturers of automotive aftermarket parts who wish to get their
product certified need to submit, at least 45 days prior to the sale of
the part, a ‘Notification of Intent’ or application with the
following information:

 Table A

Notification of Intent to Certify

Identification of each part to be certified	85.2115(a)(1)(i)

Identification of the vehicle or engine configurations for which the
part is being certified	85.2115(a)(1)(ii)

Technical information requested in 85.2114	85.2115(a)(1)(iii)

Any waivers previously obtained and all correspondence with EPA
regarding certification of the part	85.2115(a)(1)(iv)

A description of all tests, techniques, procedures, statistical
analysis, etc. used to demonstrate compliance	85.2115(a)(1)(v)

All results and documentation pertaining to durability and emissions
tests per 85.2114	85.2115(a)(1)(vi)

A justification for forgoing any part of the Federal Test Procedure, if
applicable	85.2115(a)(1)(vii)

A description of the criteria used to select the test part and a
statement that the test part is representative of production parts
85.2115(a)(1)(viii)

A description of the vehicle in which the part was tested and an
explanation of why it represents the worst emissions case of all
configurations for which this part is being certified	85.2115(a)(1)(ix)

The service intervals, including maintenance and replacement intervals,
and a statement indicating whether it is different for the original part
intervals	85.2115(a)(1)(x)

A description of the label and whether it complies with EPA requirements
85.2115(a)(1)(xi)

Acceptance of the warranty and dispute resolution requirements in
85.2117	85.2115(a)(1)(xii)

A statement of commitment to comply with all terms and conditions of
85.2115	85.2115(a)(1)(xiii)

A statement that the replacement part will not cause a substantial
increase in emissions in any normal driving mode not represented during
testing	85.2115(a)(1)(xiv)

Contact information	85.2115(a)(1)(xv)

	EPA may deny certification if the Agency finds that the manufacturer
did not prove compliance or that the documentation submitted was not
adequate (85.2116).  The Agency may also de-certify a part if it has
reason to believe that the manufacturer did not comply with the
regulations (85.2121).  In both cases, the affected manufacturer may
appeal the decision, in writing, within 20 days of receipt of the
decision.

	If a part is modified after certification has been granted, the
manufacturer must re-certify the part if the modification could affect
vehicle emissions and/or the durability of the part or other components
of the vehicle (85.2118).  There are also labeling requirements
(85.2119).

	Manufacturers are also required to warrant their products “for the
remaining performance warranty period of any vehicle on which the part
is installed, or for the warranty period specified for an equivalent
original equipment component, if this period is shorter than the
remaining warranty period of the vehicle” (85.2117).  Manufacturers
must also reimburse original vehicle manufacturers for any reasonable
expenses incurred by the original vehicle manufacturer as a result of
honoring a warranty claim where a certified aftermarket part was found
to have caused the problem.  40 CFR 85.2117 and Appendix II to 85 CFR
Subpart V contain the procedures an original vehicle manufacturer must
follow when pursuing reimbursement from an aftermarket part
manufacturer.

Recordkeeping

	For each certified part, manufacturers must maintain, for five years
(85.2120(a)), the following records:

Table B

Recordkeeping Requirements

Detailed production drawings	85.2120(a)(1)

A description of the testing program	85.2120(a)(2)

All test data and subsequent analyses 	85.2120(a)(3)

Information used to determine equivalency with original parts
85.2120(a)(4)

A description of quality control plans and compliance assurance
85.2120(a)(5)

All data taken during quality control and subsequent analyses
85.2120(a)(6)

A description of all techniques used to determine emission critical
parameter specifications	85.2120(a)(7)

Any data, documents, correspondence with vendors and consumers, etc.
related to problems found in 25 certified parts or more	85.2120(a)(8)

	Records must be made available to EPA upon request.  For parts
certified only for vehicles with less than five years of emissions
warranty remaining, records must be maintain for three years or until
80% of applicable vehicles are outside the warranty period, whichever
occurs later.

	(ii)	Respondent Activities

The activities manufacturers need to perform to comply with the
requirements of each type of report are as follows:

Review instructions and regulations

Compile data

Test aftermarket parts according to regulations

Prepare and submit report

Maintain records

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

5(a)	Agency Activities

	EPA officials carry out the following activities:

Review regulations

Answer respondents’ questions

Review and analyze applications for completeness and compliance with
regulations

Analyze applications

Request additional information, if needed

Address requests for confidentiality

5(b)	Collection Methodology and Management

	The information requested under this collection would be submitted by
manufacturers on occasion, when a manufacturer chooses to seek
certification for its products.  EPA has not received applications for
aftermarket part certification in the last several years.  In fact, only
two applications have been received since 1989. Due to the lack of
participation in this program, there is no need to develop electronic
forms or databases.  Therefore, should EPA receive an application in the
next three years, the information will most likely be collected on
paper.

5(c)	Small Entity Flexibility

	The information requested is considered to be the minimum needed to
effectively maintain the emission control program’s integrity and
comply with the requirements of the Clean Air Act.  Further measures to
simplify reporting requirements for small businesses do not appear
prudent or necessary.

5(d)	Collection Schedule

	Applications for aftermarket part certification are collected on
occasion only, when a manufacturer chooses to seek certification for its
products.

6.	Estimating the Burden and Cost of the Collection

6(a)	Estimating Respondent Burden

	Burden estimates are based on a 1985 burden assessment, updated to
incorporate the most recent testing cost estimates and methodology in
the certification ICR, EPA ICR number 0783.54 (OMB control number
2060-0104) and the Greenhouse Gases rulemaking (EPA ICR numbers 0783.56
and 2387.01).  Since only two applications have been submitted since
1989, EPA continues to rely on these estimates.

6(b) Estimating Respondent Costs

	(i)	Estimating Labor Costs

	Rates for engineering managers, mechanical engineers, and secretaries
(except legal, medical, and executive) are from the May 2008 National
Industry-Specific Occupational Employment and Wage Estimates
(http://www.bls.gov/oes/2008/may/naics4_336100.htm, accessed December
10, 2009). With a 160% overhead multiplier, these are $87.30, $60.40,
and $30.50, respectively.

	(ii) Estimating Capital and Operations and Maintenance Costs

	Operation and Maintenance costs (O&M Costs) associated with this
information collection are those for conducting city emissions tests
(FTPs). They also include CDs and DVDs, photocopying, postage and other
shipping expenses and phone calls.  CDs and DVDs are used by
manufacturers to submit data electronically and to keep records.

     (iii) Capital/Start Up Operations

	This ICR estimates an undepreciated capital cost of $7,467.  There are
no start-up costs associated with the renewal of this ICR.

     (iv)  Annualizing Capital Costs

	Consistent with EPA ICR number 0783 (OMB 2060-0104), for uniformity of
treatment, we are assuming a capital cost for facilities to conduct FTP
tests on a per-test basis, assuming no prior capacity, and without
regard to whether the testing services are contracted or done in house.
On this basis, we estimate an annualized (over ten years) and
depreciated (7%) capital cost of $1,063 for one application under this
program.

6(c) Estimating Agency Burden

	EPA’s labor costs are based on the 2009 yearly wage rate for a GS-9,
Step 5 Engineer ($57,343) based in Ann Arbor, Michigan, and adjusted by
a factor of 1.6 to account for benefits and overhead ($91,749).  This
rate was obtained from the Office of Personnel Management 2009 General
Schedule Locality Pay Tables.

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

	Based on the 1985 assessment mentioned earlier and comments from the
industry, EPA estimates that a manufacturer applying for aftermarket
part certification will spend 1,640 hours for an aftermarket part
certification application covering one part. This estimate included
1,460 hours for the five percent of all parts requiring durability
tests, rounded up to one part;  20 hours conducting emissions tests; 30
hours conducting the Federal Test Procedure (FTP); 122 hours of
reporting burdens; and 8 hours for recordkeeping. These numbers have
been updated to reflect current burden estimates for testing and to
cover one part only, for a total of 1,640 hours for one application in
the three year period, annualized to 547 hours per year, the majority of
which is a very generous allowance for durability testing, which, in
fact, would not apply to most applications.

	EPA does not expect to receive any application in the next three years.
 However for the purpose of this ICR, EPA is assuming that one
application will be received during that period and annualized the
burden estimates.

6(e) Bottom Line Burden Hours and Cost Tables

	(i) Respondent Tally (annualized)

		Number of Respondents: 1

		Total Hours per year: 547

		Total Labor Cost per year: $17,108

		Total Capital Costs per year: $1,063

		Total O&M Costs per year: $892

		Total Costs:  $19,063

	(ii) The Agency Tally (annualized)

		Number of Respondents: 1

		Total Hours per year: 4

		Total Labor Cost per year: $184

		Total Capital Costs per year: $0

		Total O&M Costs per year: $5

		Total Costs:  $189

6(f) Reasons for change in burden

	The hours are the same as in the last renewal. Labor costs have been
updated to reflect current labor costs as detailed above. Capital and
O&M costs have been slightly adjusted to reflect the most recent
estimates for similar cost elements in ICRs developed since the last
renewal.

6(g) Burden Statement

	The annual public reporting and recordkeeping burden for this
collection is estimated to average 547 hours per response.  Burden means
the total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or for
a Federal agency.  This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.  An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information unless
it displays a currently valid OMB control number.  The OMB control
numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR
chapter 15.

	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-OAR-2009-0983, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket and Information Center in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.  The telephone number for the Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket and
Information Center is<PHONE_NUMBER>.  An electronic version of the
public docket is available at www.regulations.gov.  This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OAR-2009-0983 and OMB Control Number
2060-0060 in any correspondence.

 PAGE

  PAGE   - 10 -


[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14018-14020]
[FR Doc No: 2012-5634]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0553]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Potential Tobacco
Product Violations Reporting Form

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by April
9, 2012.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-NEW and
title ``Potential Tobacco Product Violations Reporting Form.'' Also
include the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT:  Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Potential Tobacco Product Violations Reporting Form--(OMB Control
Number 0910-NEW)

    On June 22, 2009, the President signed the Family Smoking
Prevention and Tobacco Control Act (the Tobacco Control Act) (Pub. L.
111-31) into law. The Tobacco Control Act amended the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 321 et. seq.) by
adding a new chapter granting FDA important new authority to regulate
the manufacture, marketing, and distribution of tobacco products to
protect the public health generally and to reduce tobacco use by
minors.
    FDA is requesting OMB approval for a new collection of information
to accept consumer and other stakeholder feedback and notification of
potential tobacco violations of the FD&C Act, as amended by the Tobacco
Control Act.
    As part of its enforcement strategy, FDA created a Tobacco Call
Center (with a toll-free number: 1-877-CTP-1373) to accept information
from the public about violations of the Tobacco Control Act. Callers
are able to report potential violations of the Tobacco Control Act, and
FDA may conduct targeted followup investigation based on information
received. When callers report a violation, the caller will be asked to
provide as much information as they can recall, including: The date the
potential violation happened, the product type (e.g., cigarette,
smokeless, roll-your-own, etc.), tobacco brand, type of potentially
violative promotional materials, potential violation type, who
potentially violated, and the name, address, phone number, and email
address of the potential violator. The caller will also be asked to
list the potential violator's Web site (if available), describe the
potential violation, and provide any additional files or information
pertinent to the potential violation. FDA has developed a form that
will be used to solicit this information from the caller (Form FDA
3779, Potential Tobacco Product Violations Reporting), which is
expected to eventually replace current Form FDA 3734 for Cigarette
Flavor Ban Violations. This new form will be posted on FDA's Web site,
and information may be submitted by filling out the form online (or the
public can request a copy of Form FDA 3779 by contacting the Center for
Tobacco Products (CTP)). In addition, FDA has developed a smartphone
application for use with mobile devices (i.e., iPhones, Android) to
allow consumers to report potential violations to FDA via their
smartphone. Others may simply choose to send a letter to FDA with their
information. In summary, the public and interested stakeholders will be
able to report information regarding possible violations of the Tobacco
Control Act through the following methods: Calling the Tobacco Call
Center using CTP's toll-free number, using a fill-able form found on
FDA's Web site, using FDA's tobacco violation reporting smartphone
application, and sending a letter to FDA's Center for Tobacco Products.
    In the Federal Register of August 22, 2011 (76 FR 52333), FDA
published a 60-day notice requesting public comment on this proposed
collection of information. FDA received 24 comment submissions, which
included over 60

comments embedded. The comments have been summarized into four PRA-
related areas as follows.
    (Comment 1) FDA received several comments that said the Tobacco
Control Act does not include a provision directing FDA to request or
accept information on potential tobacco product violations from the
public and other stakeholder groups. The comments stated that the
public and other stakeholder groups have not been trained to inspect
retail tobacco operations, have not been trained to recognize or report
tobacco product violations, and are not able to verify what does or
does not constitute compliance with the Tobacco Control Act. Commenters
also stated that a retailer of tobacco products could be targeted by
overzealous stakeholders and unfairly earmarked by FDA for future
inspections.
    (Response) FDA disagrees with this comment. The Tobacco Control Act
amended the FD&C Act by adding a new chapter granting FDA important new
authority to regulate the manufacture, marketing, and distribution of
tobacco products to protect public health generally and to reduce
tobacco use by minors. This includes broad authority to enforce the
provisions of the Tobacco Control Act.
    FDA is requesting OMB approval for a new collection of information
to accept consumer and other stakeholder feedback and notification of
potential violations of the FD&C Act, as amended by the Tobacco Control
Act (TCA). This collection of information falls under FDA's
responsibilities to monitor compliance with and enforce the TCA.
    In addition, the proposed tobacco violation form does not require
respondents to verify compliance with or violations of the TCA.
Instead, the submitted information will be one source of information to
help FDA identify potential areas for further Agency inquiry.
    (Comment 2) FDA received several comments that stated that the form
is contrary to and may violate Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' the intent of which is to eliminate
unnecessary and wasteful government regulations.
    (Response) FDA disagrees with this comment. Executive Order 13563
pertains to unnecessary and wasteful regulations. This form is not a
regulation but an extension of the means that the public and
stakeholders have to voluntarily report potential tobacco violations
and events to FDA. Current methods of reporting are FDA's toll-free
hotline number (1-877-CTP-1373), email (AskCTP@fda.hhs.gov), and Form
FDA 3734. This form is not an inspection reporting form but is another,
perhaps easier, way for the public and stakeholders to report
information to FDA. No information received from the form will be
forwarded to inspectors unless the information is deemed credible by
FDA.
    (Comment 3) Several comments questioned the burden to complete the
form and the methodology used to compute total responses expected
through the use of this form. Commenters also stated that the form is
overly broad and includes some categories of tobacco products currently
not regulated by FDA under the Tobacco Control Act. Commenters also
stated that the form was redundant in places, while one commenter liked
the form and encouraged FDA to make the public aware that the form
exists.
    (Response) FDA generally agrees with these comments, except with
regard to the redundancy of the form. The time to gather information
and complete the form has been tested internally to take no longer than
10 minutes. However, due to the comments received, FDA is revising the
burden estimate upward to indicate that the form or mobile application
will take 15 minutes to complete.
    With regard to the form being overly broad, the Potential Tobacco
Product Violations Reporting Form has been revised to ensure that it
only lists currently regulated tobacco products and possible violations
under the TCA for those products. Most notably, the word ``other'' has
been removed from some of the questions on the form to reduce confusion
about which tobacco products are regulated by FDA. The layout of the
form has also been adjusted to make it easier for the public to
voluntarily submit information to FDA. The intent of the form is not to
gather establishment inspection information like that collected by
Federal, State, or local inspectors of tobacco facilities but to offer
another means of contacting FDA about tobacco-related events and
potential violations, such as that offered by the 1-877-CTP-1373 toll-
free hotline and the<EMAIL_ADDRESS>email address. The use of the
form is voluntary and is not designed to target specific establishments
or deputize the public as inspectors for identifying specific
violations of the TCA.
    With regard to the comments addressing the methodology for
computing the burden, FDA has based this estimate on information
received from several flavored cigarette reports, reports currently
received from FDA's toll-free hotline and email address, and FDA
experience. If the number of actual reports received is either too high
or low, FDA will either correct the collection via a revision of the
information collection or during its next renewal submission to OMB.
Upon receiving OMB approval for the form and the collection of
information, FDA will place the form on its complaint Web site and will
advertise its location to the public.
    With regard to the redundancy of fields of information on the form,
FDA has reviewed all aspects of the form and mobile application
carefully and has eliminated any redundant fields on the form.
    (Comment 4) Several comments indicated that they thought the form
is being used by the public and stakeholders as an inspection report to
police or target tobacco retailers and the public, and that
stakeholders have not been thoroughly or extensively trained with the
training provided to FDA's Federal, State, and local inspectors. In
addition to the lack of training, commenters also wondered what type of
corrective action would or could be taken against a person or entity
who files a false or inaccurate report against a retailer.
    (Response) FDA's intent in creating this form and mobile
application is not to target retailers but to provide the public and
stakeholders with another means to report tobacco-related events,
concerns, or potential violations, much like the information that is
currently collected using the existing Center for Tobacco Products
toll-free hotline telephone number, email address, and Form FDA 3774.
The Web-based, paper, and mobile application form may allow the Agency
to become better informed about certain tobacco-related topics and will
provide the public and other stakeholders with an easier and possibly
more efficient way to submit potential violation and event information
to FDA. Information received by FDA from this form will not be
forwarded to an inspector unless FDA deems the information is credible
and worth further investigation. The information provided by this form
will also help FDA more efficiently use its inspection resources, based
on credible information provided by the public and stakeholders on
potential events.
    With regard to the type of corrective action taken against persons
falsifying information submitted on these forms, FDA will scrutinize
each submission carefully. Only forms containing information which are
determined to be worthy of further investigation will be submitted to
investigators for further review. Because this form is voluntary,

submission of the information by the public and stakeholders does not
guarantee that an investigation against a retailer will be triggered,
and FDA will work to ensure that no specific retailer or supplier is
unfairly targeted.
    To clarify that Form FDA 3779 is not an inspection report, FDA is
amending the title of Form FDA 3779 to ``Potential Tobacco Product
Violations Reporting.'' FDA is making this change to reflect that the
form is voluntary, that the form is intended to be a means for the
public to submit information to FDA regarding possible violations of
the laws that it enforces, and that a Form FDA 3779 submission is not,
by itself, enough to warrant further FDA action.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Annual
                       Activity and Form FDA 3779                            Number of     frequency per   Total annual   Average burden    Total hours
                                                                            respondents      response        responses     per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting potential violations of the FD&C Act, as amended by the                  1,000               1           1,000            0.25             250
 Tobacco Control Act, by telephone, Internet or paper form, smartphone
 application or email...................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA estimates that submitting the information (by phone, Internet
form, paper form by mail, smartphone application, or email) will take
15 minutes per response. Since a similar type of reporting went into
effect for the cigarette flavor ban, FDA has received several reports
via the Internet or email. Based on the rate of reporting for the
cigarette flavor ban, reports received from FDA's toll-free telephone
number and email address, and FDA experience, FDA estimates the number
of annual respondents to this collection of information will be 1,000,
who will each submit 1 report by phone, Internet form, paper form,
smartphone application, or email. Each report is expected to take 15
minutes to complete and submit, therefore, total burden hours for this
collection of information is estimated to be 250 hours (1,000 responses
x 0.25 hours per response). Because of the variety of products
regulated by FDA under the authority of the FD&C Act, as amended by the
Tobacco Control Act, FDA expects the rate of calls and reports received
to remain constant over the next 3 years.

    Dated: March 5, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-5634 Filed 3-7-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4413-4414]
[FR Doc No: 2011-1483]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7363; FMCSA-2004-18885; FMCSA-2004-17984; FMCSA-
2008-0340]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
20 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective February 5, 2011. Comments must be
received on or before February 24, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) FMCSA-2000-7363; FMCSA-2004-18885; FMCSA-2004-
17984; FMCSA-2008-0340, using any of the following methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or 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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>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. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period 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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 20 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 20 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Bryant M. Adams
Ricky J. Childress
Walden V. Clarke
Thomas A. Crowell

Thomas E. Dewitt, Jr.
David L. Dykman
Clarence N. Florey, Jr.
Milan D. Frasier
Harold J. Haier
Timothy L. Kelly
Lewis A. Kielhack
David Lancaster
Thomas D. Laws
Joe A. Mcllroy
Harry J. McSuley, Jr.
Robert S. Metcalf
Elmer R. Miller
Richard L. Moreland
Ronald M. Scott
Jeremichael Steele

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retains a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. 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.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 20 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR 77066; 68 FR 1654; 69 FR 53493; 69 FR
71098; 69 FR 61292; 69 FR 62742; 69 FR 33997; 71 FR 62148; 71 FR 55820;
72 FR 1054; 73 FR 61925; 73 FR 75803; 73 FR 78421; 73 FR 65009; 74 FR
6209). Each of these 20 applicants has requested renewal of the
exemption and has submitted evidence showing that the vision in the
better eye continues to meet the standard 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 standards. 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.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by February 24, 2011.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 20 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    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.

    Issued on: January 19, 2011.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-1483 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-EX-P