[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70676-70679]
[FR Doc No: 2015-28978]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No.150825777-5777-01]
RIN 0694-AG70

Amendment to the Export Administration Regulations to Add XBS
Epoxy System to the List of 0Y521 Series; Technical Amendment to Update
Other 0Y521 Items

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Interim final rule with request for comments.

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SUMMARY: In this interim final rule, the Bureau of Industry and
Security (BIS) amends the Export Administration Regulations (EAR) to
make certain items subject to the EAR and to impose on those items a
license requirement for export and reexport to all destinations, except
Canada. Specifically, this rule classifies the specified XBS Epoxy
System under Export Control Classification Number (ECCN) 0C521 on the
Commerce Control List (CCL). As described in the final rule that
established the 0Y521 series and that

was published in the Federal Register on April 13, 2012, items are
added to the 0Y521 series upon a determination by the Department of
Commerce, with the concurrence of the Departments of Defense and State,
that the items should be controlled for export because the items
provide at least a significant military or intelligence advantage to
the United States or foreign policy reasons justify control. The items
identified in this rule are controlled for regional stability (RS)
Column 1 reasons. The only license exception available for these items
is for exports, reexports, and transfers (in-country) made by or
consigned to a department or agency of the U.S. Government. In this
rule, BIS also removes technology and software related to aircraft wing
folding systems.

DATES: This rule is effective November 16, 2015. Comments must be
received by January 15, 2016. Comments requested on the addition of the
0C521 item only.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. The identification number for this rulemaking is
BIS-2015-0043.
     By email directly to<EMAIL_ADDRESS>Include
RIN 0694-AG70 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN
0694-AG70.

FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Electronics and
Materials Division, Office of National Security and Technology Transfer
Controls by phone at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    BIS established the ECCN 0Y521 series to identify items that
warrant control on the CCL but are not yet identified in an existing
ECCN (77 FR 22191, April 13, 2012). Items are added to the ECCN 0Y521
series by the Department of Commerce, with the concurrence of the
Departments of Defense and State, upon a determination that an item
should be controlled because it provides at least a significant
military or intelligence advantage to the United States or because
foreign policy reasons justify such control. The ECCN 0Y521 series is a
temporary holding classification with a limitation that while an item
is temporarily classified under ECCN 0Y521, the U.S. Government works
to adopt a control through the relevant multilateral regime(s), to
determine an appropriate longer-term control over the item, or that the
item does not warrant control on the CCL.
    Items classified under ECCN 0Y521, including the item identified in
this interim final rule as an 0C521 item, remain so-classified for one
year from the date a final rule identifying the item is published in
the Federal Register amending the EAR, unless the item is re-classified
under a different ECCN, under an EAR99 designation, or the 0Y521
classification is extended. During this time, the U.S. Government
determines whether it is appropriate to submit a proposed control to
the applicable export control regime (e.g., the Wassenaar Arrangement)
for potential multilateral control, with the understanding that
multilateral controls are preferable when practical. An item's ECCN
0Y521 classification may be extended for two one-year periods to
provide time for the U.S. Government and multilateral regime(s) to
reach agreement on controls for the item, and provided that the U.S.
Government has submitted a proposal to obtain multilateral controls
over the item. Further extension beyond three years may occur only if
the Under Secretary for Industry and Security makes a determination
that such extension is in the national security or foreign policy
interests of the United States. An extension or re-extension, including
a determination by the Under Secretary for Industry and Security, will
be published in the Federal Register.

License Requirements, Policies and Exceptions

    The license requirements and policies for the ECCN 0Y521 series
appear in Sec.  742.6(a)(7) of the EAR. ECCN 0Y521 items are subject to
a nearly worldwide license requirement (i.e., for every country except
Canada) with a case-by-case license review policy, through regional
stability (RS Column 1) controls. The description and status of ECCN
0Y521 items appear in Supplement No. 5 to part 774 of the EAR, along
with any item-specific license exceptions, where applicable. Unless
otherwise indicated, License Exception GOV is the only license
exception available and is applicable to all ECCN 0Y521 series items,
including those items identified in this document, if the item is
within the scope of Sec.  740.11(b)(2)(ii) (Exports, reexports, and
transfers (in-country) made by or consigned to a department or agency
of the U.S. Government), as provided in Sec.  740.2(a)(14).

Addition of ECCN 0C521 Item: XBS Epoxy System

    In this rule, BIS amends the EAR to make the specified XBS Epoxy
System subject to the EAR and impose a license requirement on the item.
This item is being added to the 0Y521 series pursuant to a
determination by the Department of Commerce, with the concurrence of
the Departments of State and Defense, that the item should be
controlled because it provides a significant military or intelligence
advantage to the United States or because foreign policy reasons
justify such controls. The specified XBS Epoxy System is classified
under ECCN 0C521 No. 1. The control, which appears in the table found
in Supplement No. 5 to part 774 of the EAR, covers an Epoxy system
designed to obfuscate critical technology components against X-ray and
terahertz microscopy imaging attempts.

License Applications for the New ECCN 0C521 Item

    License applications for this item may be submitted through SNAP-R
in accordance with Sec.  748.6 of the EAR. Exporters are directed to
include detailed descriptions and technical specifications with the
license application, and identify the item as 0C521.

Technical Amendment: Removal of No. 3 0D521 and No. 2 0E521 Items,
Aircraft Wing Folding Systems, From Supplement No. 5 to Part 774

    In this rule, BIS also removes references to aircraft wing folding
systems ``software'' and related ``technology'' listed, prior to this
rule, as entries No. 3 0D521 and No. 2 0E521, respectively, in
Supplement No. 5 to part 774. The references to these items are
obsolete because, in accordance with procedure established in the April
13, 2012, final rule, the U.S. Government adopted a control through the
relevant multilateral regime(s), which determined an appropriate
longer-term control over the item. The wing fold system ``software'' is
now controlled by ECCN 9D001, and the ``technology'' is controlled by
ECCN 9E003.j on the CCL. A final rule published in the Federal Register
May 21, 2015 (80 FR 29431), and which went into effect the same day,
implemented the 2014 Wassenaar Plenary Agreements by establishing new
controls on the items, rendering their 0Y521 status obsolete. BIS is
not soliciting public comments on the removal provisions.
    The rule is being issued in interim final form because while the

government believes that it is in the national security interests of
the United States to immediately implement these controls, it also
wants to provide the interested public with an opportunity to comment
on the new controls of the XBS Epoxy System. Comments may be submitted
in accordance with the DATES and ADDRESSES sections of this rule.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222 as amended by Executive Order
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid OMB
control number. This rule affects two approved collections: (1) The
Simplified Network Application Processing + System (control number
0694-0088), which carries a burden hour estimate of 43.8 minutes,
including the time necessary to submit license applications, among
other things, as well as miscellaneous and other recordkeeping
activities that account for 12 minutes per submission; and (2) License
Exceptions and Exclusions (0694-0137). With these initial 0Y521 series
items, BIS does not believe that this rule will materially increase the
number of submissions under these collections.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring prior notice, the opportunity for public comment and a
delay in effective date are inapplicable because this regulation
involves a military or foreign affairs function of the United States
(See 5 U.S.C. 553(a)(1)). BIS, with the concurrence of the U.S.
Departments of Defense and State, is implementing this rule because the
item identified for the ECCN 0Y521 series in this rule provide a
significant military or intelligence advantage to the United States.
Immediate imposition of a license requirement is necessary to effect
the national security and foreign policy goals of this rule. Immediate
implementation will allow BIS to prevent exports of these items to
users and for uses that pose a national security threat to the United
States or its allies. If BIS delayed this rule to allow for prior
notice and opportunity for public comment, the resulting delay in
implementation would afford an opportunity for the export of these
items to users and uses that pose such a national security threat,
thereby undermining the purpose of the rule. In addition, if parties
receive notice of the U.S. Government's intention to control these
items under 0Y521 once a final rule was published, they might have an
incentive to either accelerate orders of these items or attempt to have
the items exported prior to the imposition of the control. In addition,
prior notice and opportunity for public comment is unnecessary for the
amendment to remove references to wing folding technology and software.
The removal of the references updates Supplement No. 5 to part 774 and
ensures that it accurately reflects the legal status of those items now
classified under other ECCNs under the EAR. This amendment also serves
to avoid confusing readers about the items' current status.
    Further, BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3). Immediate implementation of
these changes will allow BIS to prevent exports of these items to users
and for uses that pose a national security threat to the United States
or its allies. If BIS delayed this rule to allow for a 30-day delay in
effectiveness, the resulting delay in implementation would afford an
opportunity for the export of these items to users and uses that pose
such a national security threat, thereby undermining the purpose of the
rule. BIS also finds good cause to waive the 30-delay in effectiveness
for the implementation of the amendment to remove items because the
amendment will assist in clarifying the current status of the wing
folding technology and software, eliminating any possible confusion.
Furthermore, the amendment is not a substantive change. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule by 5 U.S.C. 553, or by any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory
flexibility analysis is required and none has been prepared. Although
notice and opportunity for comment are not required, BIS is issuing
this rule as an interim final rule with a request for comments. All
comments must be in writing and submitted via one or more of the
methods listed under the ADDRESSES caption to this document. All
comments (including any personal identifiable information) will be
available for public inspection and copying. Those wishing to comment
anonymously may do so by submitting their comment via regulations.gov
and leaving the fields for identifying information blank.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
2. Supplement No. 5 to part 774 is revised to read as follows:

SUPPLEMENT NO. 5 TO PART 774--ITEMS CLASSIFIED UNDER ECCNS 0A521,
0B521, 0C521, 0D521 AND 0E521

    The following table lists items subject to the EAR that are not
listed elsewhere in the CCL, but which the Department of Commerce,
with the concurrence of the Departments of Defense and State, has

identified warrant control for export or reexport because the items
provide at least a significant military or intelligence advantage to
the United States or for foreign policy reasons.

----------------------------------------------------------------------------------------------------------------
                                                                Date when the item will
      Item descriptor. Note: The          Date of initial or      be designated EAR99,
   description must match by model         subsequent  BIS       unless reclassified in   Item-specific license
 number or a broader descriptor that    classification  (ID =     another ECCN or the     exception eligibility
   does not necessarily need to be       initial date;  SD =    0Y521 classification is
           company specific                subsequent date)             reissued
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                                    0A521. Systems, Equipment and Components
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                                                   [RESERVED]
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                                0B521. Test, Inspection and Production Equipment
----------------------------------------------------------------------------------------------------------------
                                                   [RESERVED]
----------------------------------------------------------------------------------------------------------------
                                                0C521. Materials
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No. 1 XBS Epoxy system designed to     November 16, 2015 (ID).  November 16, 2016......  License Exception GOV
 obfuscate critical technology                                                            under Sec.
 components against x-ray and                                                             740.11(b)(2)(ii) only
 terahertz microscopy imaging
 attempts.
----------------------------------------------------------------------------------------------------------------
No. 2 [RESERVED].....................  [RESERVED].............  [RESERVED].............  [RESERVED]
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                                                 0D521. Software
----------------------------------------------------------------------------------------------------------------
                                                   [RESERVED]
----------------------------------------------------------------------------------------------------------------
                                                0E521. Technology
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                                                   [RESERVED]
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    Dated: November 9, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-28978 Filed 11-13-15; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Notices]
[Page 28096-28097]
[DOCID:fr12jn09-117]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2009-0115]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt twenty-seven
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. The exemptions will enable these
individuals to operate CMVs in interstate commerce.

DATES: The exemptions are effective June 12, 2009. The exemptions
expire on June 12, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/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.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's 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, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://Docketinfo.dot.gov.

Background

    On April 28, 2009, FMCSA published a notice of receipt of Federal
diabetes exemption applications from twenty-seven individuals, and
requested comments from the public (74 FR 19271). The public comment
period closed on May 28, 2009 and no comments were received.
    FMCSA has evaluated the eligibility of the twenty-seven applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that diabetic drivers had a
higher rate of

crash involvement than the general population. The diabetes rule
provides that ``A person is physically qualified to drive a commercial
motor vehicle if that person has no established medical history or
clinical diagnosis of diabetes mellitus currently requiring insulin for
control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The 2003 notice in conjunction with the
November 8, 2005 (70 FR 67777) Federal Register Notice provides the
current protocol for allowing such drivers to operate CMVs in
interstate commerce.
    These twenty-seven applicants have had ITDM over a range of 1 to 36
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated willingness to properly
monitor and manage their diabetes, received education related to
diabetes management, and is on a stable insulin regimen. These drivers
report no other disqualifying conditions, including diabetes-related
complications. Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the April 28, 2009, Federal Register
Notice (74 FR 19275). Therefore, they will not be repeated in this
notice.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologist's medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level
of safety equal to that existing without the exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not they are
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    After considering the comments to the docket, and based upon its
evaluation of the twenty-seven exemption applications, FMCSA exempts,
Carroll F. Aardema, Edward F. Back, III, Aaron Bailey, Mirsad
Beganovic, Carol J. Brummel, Paul R. Caudill, Bernia G. Denegar, Felipe
Guerra, Jr., Michael K. Gunn, Steven D. Hancock, George E. Hardman,
David L. Hottell, Marlin K. Johnson, Joshua L. Kroetch, Thomas E.
Kusinsky, David S. Maynard, Gareth L. Miller, Joseph C. Minnier, Brian
K. Moore, Zachary T. Patton, Edward R. Peters, Terry L. Robinett, Mark
E. Strunk, Scot J. Suhr, Michael R. Sullivan, Kenneth R. Walker, and
Blake A. Woolman from the ITDM standard in 49 CFR 391.41(b)(3), subject
to the conditions listed under ``Conditions and Requirements'' 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. The exemption
will be revoked 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. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.

    Issued on: June 5, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-13832 Filed 6-11-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18793-18794]
[FR Doc No: 2022-06832]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0663; FRL--9708-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Synthetic Fiber Production
Facilities (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Synthetic Fiber
Production Facilities (EPA ICR Number 1156.15, OMB Control Number 2060-
0059), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through May
31, 2022. Public comments were previously requested, via the Federal
Register, on February 8, 2021 during a 60-day comment period. This
notice allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information,
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before May 2, 2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2020-0663, to EPA online using https://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be confidential business information or other information
whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov, or in person, at the EPA Docket Center,
WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington,
DC. The telephone number for the Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Owners and operators of synthetic fiber production
facilities are required to comply with reporting and record keeping
requirements for the General Provisions (40 CFR part 60, subpart A), as
well as for the applicable specific standards found at 40 CFR part 60,
subpart HHH. This includes submitting initial notifications,
performance tests and periodic reports and results, and maintaining
records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility, or any period
during which the monitoring system is inoperative. These reports are
used by EPA to determine compliance with these standards.
    Form Numbers: None.
    Respondents/affected entities: Synthetic fiber production plants
with a solvent-spun, synthetic fiber process that produce more than 500
megagrams (Mgs) of fiber per year.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart HHH).
    Estimated number of respondents: 22 (total).
    Frequency of response: Initially, semiannually, and quarterly.
    Total estimated burden: 1,880 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $388,000 (per year), which includes $165,000
in annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is no change in burden from the
most-recently approved ICR as currently identified in the OMB Inventory
of Approved Burdens. This is due to two considerations: (1) The
regulations have not changed over the past three years and are not
anticipated to change over the next three years; and (2) the growth
rate for this industry is very low or non-existent, so there is no
significant change in the overall burden. Since there are no changes in
the regulatory requirements and there is no significant industry
growth, there are also no changes in the capital/startup or

operation and maintenance (O&M) costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-06832 Filed 3-30-22; 8:45 am]
BILLING CODE 6560-50-P


Date Time 10/ 14/ 03 1: 55 p. m.

Project Name CONTACT REPORT IC Engines Project Number ESD2 2 1 5 Alpha Gamma Originator Contact Phone Number Melanie Taylor Bernie Dailey  Wyoming Department of Environmental Quality 307 777 7391 General Subject I spoke with Bernie regarding the comments submitted by the WY DEQ on the proposed RICE NESHAP, in which they indicated that 935 of the 1515 4SLB engines greater than 500 HP permitted since 1999 have been required to be equipped with oxidation catalyst to control formaldehyde. I asked Bernie how many of those engines were actually installed and operating. He said that based primarily on information from engines suppliers, his best guess is about 60 percent of them were actually in operation.

Signed


1 MEMORANDUM SUBJECT: Additional Emissions Control Option Considered for Area Source Glycol Dehydrators at Oil and Natural Gas Production Facilities FROM: Greg Nizich U. S. EPA TO: HQ EPA Docket Docket ID No. EPA HQ OAR 2004 0238 DATE: December 6, 2005 Based on comments received on the supplemental proposal published in the Federal Register on July 8, 2005, and follow up discussions with commenters, another option is being considered to reduce emissions from area source glycol dehydrators.

The additional information provided by commenters has led us to believe that a high percentage of area source glycol dehydrators are located at unmanned facilities that lack electrical power and data transmission capabilities. This operational infrastructure is necessary to meet the continuous monitoring requirements in the proposed rule. Since our cost estimate did not account for the absence of these utilities, our previous compliance cost estimate would increase an estimated $ 6,000 to $ 10,000 per unit.

In light of this added cost, rather than require continuous monitoring, it may be more effective to specify a design standard as a compliance option and eliminate monitoring requirements that rely on power availability and data transmission. We anticipate that periodic inspections would be required to ensure ongoing proper equipment function.

We believe this approach merits consideration for area sources since a properly designed aircooled ( natural draft) condenser achieves a substantial reduction in emissions of hazardous air pollutants ( HAP) without the need for electrical power. In addition, the presence of the condenser ensures that the reduction is achieved, eliminating the need to collect data for verification.

The following is a list of criteria being considered to define the control option:

° Design, install and operate a natural draft condenser that achieves a to be determined designated outlet temperature. The temperature could be specified as a maximum above ambient temperature, based on annual average. This is typically referred to as the approach temperature; 2 and ° Specify certain, critical, glycol dehydrator operating parameters ( e. g., adsorber temperature/ pressure, flash tank pressure, glycol recirculation pump rating), either as operational ranges or minimums/ maximums, in addition to a condenser outlet temperature; and ° Establish the operating parameters based on a benzene emission reduction of 90 percent since that is the maximum reduction level needed to achieve the 1 ton/ year ( tpy) threshold for an area source ( i. e. 9.9 tpy reduced to below 1 tpy); and ° Inspect the condenser monthly ( this coincides with existing requirements in 63.771( c)( 3)( i)( B) for bypass device inspection) to verify: the condenser is intact per initial installation, and the dehydrator is being operated within the specified ranges and limitations. Maintain a log documenting this information; and ° Correct any malfunction of the condenser within 7 calendar days of detection. If the malfunction cannot be repaired within 7 calendar days, then the dehydrator cannot be operated until the repair is made; and ° Submit an annual report documenting information from periodic inspections and any malfunction incidents/ repairs.


[Federal Register: March 15, 2007 (Volume 72, Number 50)]
[Notices]
[Page 12173-12174]
[DOCID:fr15mr07-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD07-8-000]

Review of Market Monitoring Policies; Second Notice of Technical
Conference

March 9, 2007.
    On January 25, 2007, the Federal Energy Regulatory Commission
(Commission) announced that a conference will be held to review the
Commission's general policies regarding market monitoring, on April 5,
2007, at the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426 in the Commission Meeting Room. The
Commission had announced its intent to hold this conference in PJM
Interconnection, LLC., order on reh'g, 117 FERC ] 61,263 (2006).
    The Commission is making one change in the schedule with this
notice, viz., to change the beginning of the conference from 9:30 a.m.
to 9 a.m. (EDT).
    All interested persons are invited to attend. There is no
registration fee to attend.
    Proactive oversight of the activities of regulated entities is a
relatively recent development in the history of the Commission's
utility regulation, one largely driven by the Commission's efforts to
make greater use of market forces to discipline the activities of
regulated entities. A significant aspect of this oversight effort has
been the development of market monitoring units (MMUs) in the
Commission-regulated Independent System Operators (ISOs) and Regional
Transmission Organizations (RTOs), along with the establishment of
independent market monitors (IMMs) of certain vertically integrated
utilities as a condition of approving those utilities' mergers or
acquisition of assets. In addition, almost five years ago, the
Commission dedicated staff members, now located in the Office of
Enforcement's Division of Energy Market Oversight (DEMO), to monitor
natural gas and electricity markets. In that capacity, DEMO staff works
closely with the MMUs and IMMs.
    In the technical conference, the Commission would like to explore
the effectiveness of MMUs and IMMs both in performing market oversight
and in serving a variety of interested stakeholders. The Commission
does not intend to evaluate any individual MMU or IMM or to discuss
issues in any pending proceeding. Rather, the Commission would like to
focus on the concepts and principles involved in market monitoring and
the relationship between the market monitors and the Commission market
monitoring staff, informed by the experience of the industry since the
inception of market monitoring. Of course, the Commission does not go
into this conference with a blank slate. To the contrary, the
Commission has spoken on many occasions on the role of market monitors
in generic and case-specific proceedings. The Commission also issued a
policy statement in May 2005. See Policy Statement on Market Monitoring
Unit, 111 FERC ] 61,267 (2005) (and citations therein). Accordingly,
rather than hearing about what it has done, the Commission would like
to hear about what it should do to improve its market monitoring
program.
    With these thoughts in mind, the technical conference will be made
up of two panels, each examining the role and effectiveness of market
monitors from their respective perspectives, especially as that relates
to market monitoring in the RTOs and ISOs. The panelists may discuss
the IMMs as well as the MMUs.
    After time reserved for initial statements by the Members of the
Commission starting at 9 a.m., the first panel (9:30 a.m. until 10:30
a.m.) will consist of individuals who have participated in, written
about, or are otherwise informed about the development of the concept
and function of market monitoring. Members of this panel will be asked
to answer the following questions:
    1. What is the Commission's market monitoring role in the context
of ensuring the competitiveness of wholesale electricity markets?
    2. How do MMUs (as a concept or function) generally serve or
facilitate that role?
    3. What changes, if any, in the current structure of MMUs could
enhance their ability to assist the Commission in its market monitoring
role?
    4. Are there other industries that are subject to comparable
monitoring activities, and, if so, how are these activities structured?
    The next panel will be held in three parts (10:45 a.m. to 11:45
a.m., 12 noon to 1 p.m., and 2 p.m. to 3 p.m.) and will consist of
representatives from the MMUs, the ISOs or RTOs, and the various
Stakeholders (including market participants, state regulators, and
consumers), respectively. Members of these panels will be asked to
answer the following questions:
    1. MMUs' Role With Respect to FERC:
     What are the key functions of the role that MMUs have
performed?
     Should these functions be changed or improved?
     What changes, if any, in the current structure of MMUs
would allow them to more effectively assist the Commission in
performing its market oversight activities?
    2. MMUs' Role with Respect to ISOs/RTOs:
     What are the key functions of the role that MMUs have
performed with respect to the operations of the ISOs/RTOs, including
the operation of the transmission grid and Day 1 or Day 2 energy
markets?
     Should these functions be changed or improved?
     What changes, if any, in the current structure of MMUs
would allow them to more effectively assist ISOs/RTOs?
    3. MMUs' Role with Respect to the various Stakeholders:
     What are the key functions of the role that MMUs have
performed with respect to stakeholders?
     Should these functions be changed or improved?
     What changes, if any, in the current structure of MMUs
would allow them to more effectively assist stakeholders?
    Anyone interested in serving on one of these panels should contact
Saida Shaalan at<PHONE_NUMBER> or by e-mail at<EMAIL_ADDRESS>on
or before March 22, 2007. Please be advised, however, that the
Commission may not be able to accommodate everyone who asks to be a
panelist. Persons interested in serving on panels are therefore
encouraged to coordinate their positions and choose a single panel
representative. The Commission will issue a subsequent notice naming
the panelists and providing further guidance on the format for
presentations, which will be limited in time (probably five minutes) to
provide sufficient opportunity for discussion.
    As stated in the first notice issued January 25, 2007, a free
webcast of this event will be available through http://www.ferc.gov. Anyone

with Internet access who desires to view this event can do so by
accessing http://www.ferc.gov's Calendar of Events and locating this event in

the Calendar. The event will contain a link to its webcast. The Capitol
Connection provides technical support for the Web casts and offers

access to the meeting via phone bridge for a fee. If you have any
questions, visit http://www.CapitolConnection.org or contact Danelle

Perkowski or David Reininger at<PHONE_NUMBER>.
    Transcripts of the meeting will be available immediately for a fee
from Ace Reporting Company<PHONE_NUMBER> or 1-800-336-6646). They will
be available for free on the Commission's eLibrary system and on the
events calendar approximately one week after the meeting.
    FERC conferences and meetings are accessible under section 508 of
the Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-4713 Filed 3-14-07; 8:45 am]

BILLING CODE 6717-01-P