[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Page 30730]
[FR Doc No: 2014-12385]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0357]

Drawbridge Operation Regulation; Berwick Bay-Atchafalaya River,
Morgan City, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Morgan City Railroad Bridge across Berwick Bay--Atchafalaya River, mile
17.5 and the Gulf Intracoastal Waterway (Morgan City-Port Allen
Alternate Route, mile 0.3) in Morgan City, St. Mary's Parish,
Louisiana. This deviation provides for the bridge to remain closed to
navigation for four consecutive hours with an opening to pass vessels
in the middle for the purpose of conducting scheduled maintenance to
the drawbridge.

DATES: This deviation is effective from 1 p.m. through 5 p.m. on June
12, 2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0357] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Jim Wetherington, Bridge
Administration Branch, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F. Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The BNSF Railway Company requested a
temporary deviation from the normal operation of the drawbridge in
order to perform the installation of a new signaling system. These
repairs are necessary for the continued operation of the bridge. This
deviation allows the draw of the Morgan City Railroad Bridge across
Berwick Bay--Atchafalaya River, mile 17.5 and the Gulf Intracoastal
Waterway (Morgan City-Port Allen Alternate Route, mile 0.3), to remain
closed to navigation for four consecutive hours between 1 p.m. and 5
p.m. on June 12, 2014 with an opening at 3 p.m. to pass any traffic
stopped by the closure.
    Broadcast Notice to Mariners will be used to update mariners of any
changes in this deviation.
    The bridge has a vertical clearance of 4 feet above high water in
the closed-to-navigation position and 73 feet above high water in the
open-to-navigation position. Navigation on the waterway consists of
tugs with tows, oil industry related work boats and crew boats,
commercial fishing vessels and some recreational craft. In accordance
with 33 CFR 117.5, the draw of the bridge shall open on signal. The
Morgan City-Port Allen Landside route through Amelia, LA is the
alternate route.
    BNSF and the Coast Guard have coordinated the closure with waterway
users, industry, and other Coast Guard units. This date and this
schedule were chosen to minimize the significant effects on vessel
traffic.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedules immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.

    Dated: May 16, 2014.
David M. Frank,
Bridge Administrator.
[FR Doc. 2014-12385 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P


23455 Federal Register / Vol. 68, No. 85 / Friday, May 2, 2003 / Notices 1404; e mail address: TSCA   Hotline@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. EPA has established a public docket for this ICR under Docket ID No. OPPT   2002   0048, which is available for public viewing at the OPPT Docket in the EPA Docket Center, EPA West Building Basement Room B102, 1301 Constitution Ave., NW., Washington, DC. The Center is open from 8 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. Title: Notification of Chemical Exports   TSCA Section 12( b) ( EPA ICR No. 0795.11; OMB Control No. 2070   0030). This is a request to renew an approved collection that is scheduled to expire on April 30, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: Section 12( b)( 2) of the Toxic Substances Control Act ( TSCA) requires that any person who exports or intends to export to a foreign country a chemical substance or mixture that is regulated under TSCA sections 4, 5, 6 and/ or 7 submit to EPA notification of such export or intent to export. Upon receipt of notification, EPA will advise the government of the importing country of the U. S. regulatory action with respect to that substance. EPA uses the information obtained from the submitter via this collection to advise the government of the importing country. Responses to the collection of information are mandatory ( see 40 CFR part 707). Respondents may claim all or part of a document confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. 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, unless that collection is specifically mandated by statute. The OMB control numbers for EPA's regulations in Title 40 are listed in 40 CFR part 9, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting burden for this collection of information is estimated to be about one hour per response. Under the PRA, 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. Respondents/ Affected Entities: Companies that export from the United States to foreign countries, or that engage in wholesale sales of, chemical substances or mixtures. Frequency of Collection: On occasion, either once or annually. Estimated No. of Respondents: 500. Estimated Total Annual Burden on Respondents: 7,450 hours. Estimated Total Annual Costs: $ 452,055. Changes in Burden Estimates: There is a decrease of 2,950 hours ( from 10,400 hours to 7,450 hours) in the total estimated respondent burden compared with that identified in the information collection request most recently approved by OMB. This change reflects EPA's experience over the past three years, in which there has been an increase in the number of reporting firms but a decrease in the number of notices per firm than anticipated at the time of the last approval of this information collection. The net result is a decrease in burden hours ( adjustment).

Dated: April 23, 2003. Richard T. Westlund, Acting Director, Collection Strategies Division. [ FR Doc. 03   10895 Filed 5   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0035; FRL   7492   3]

Agency Information Collection Activities; Submission of EPA ICR No. 0794.10 ( OMB No. 2070   0046) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8( e) ( EPA ICR No. 0794.10; OMB Control No. 2070   0046). The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. On August 22, 2002 ( 67 FR 54416), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received two comments, and addressed the comments received as an attachment to the ICR. DATES: Additional comments may be submitted on or before June 2, 2003. ADDRESSES: Submit your comments, identified by docket ID number OPPT   2002   0035, to both ( 1) EPA online at http:// www. epa. gov/ edocket ( our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mailcode: 7407T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) OMB at: Office of Information and Regulatory VerDate Jan< 31> 2003 15: 12 May 01, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02MYN1. SGM 02MYN1 OPPT 2002 0035 0008 RECEIVED OPPT NCIC 2003 MAY 2 8: 22AM 23456 Federal Register / Vol. 68, No. 85 / Friday, May 2, 2003 / Notices Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, Mailcode: 7408, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202   554   1404; e mail address: TSCAHotline epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. EPA has established a public docket for this ICR under Docket ID No. OPPT   2002   0035, which is available for public viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566   0280. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. Title: Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8( e) ( EPA ICR No. 0794.10; OMB Control No. 2070   0046). This is a request to renew an approved collection that is currently scheduled to expire on April 30, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: TSCA section 8( e) requires that any person who manufactures, imports, processes or distributes in commerce a chemical substance or mixture and which obtains information that reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment must immediately inform EPA of such information. EPA routinely disseminates TSCA section 8( e) data it receives to other Federal agencies to provide information about newly discovered chemical hazards and risks. Responses to the collection of information are mandatory ( see 15 U. S. C. 2607( e)). Respondents may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable. Burden Statement: The annual public reporting burden for this collection of information is estimated to range between 5 hours and 27 hours per response, depending upon the nature of the response. Under the PRA, 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. Respondents/ Affected Entities: Companies that manufacture, import, process or distribute in commerce chemical substances or mixtures and that obtain information that reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment. Frequency of Collection: On occasion. Estimated No. of Respondents: 218. Estimated Total Annual Burden on Respondents: 6,431 hours. Estimated Total Annual Costs: $ 678,525. Changes in Burden Estimates: There is a decrease of 1,778 hours ( from 8,209 hours to 6,431 hours) in the total estimated respondent burden compared with that identified in the information collection request most recently approved by OMB. This change results from an overall decrease in section 8( e) reporting, primarily from a reduction in the number of follow up/ supplemental section 8( e) notices received. In previous ICR renewals, EPA used an historical average of 2.2 follow up notices per each initial submission. This figure was based on EPA's experience and system for reviewing section 8( e) notices in place pre 1990. During that time EPA received fewer than 100 initial notices per year and was able to perform a much more detailed review of each notice received. The consequence of that review was that there was much more interaction with the submitting companies generating numerous followup notices and information submissions. However, during and since the 1991 Compliance Audit Program, because of the increase in initial notices submitted, EPA has contacted submitters for additional information only for those initial notices that are identified during the preliminary screening evaluation as needing additional information from the submitters. Consequently, the number of follow up notices has fallen due to the changed nature of EPA's review of initial notices. Over the last three fiscal years, EPA has received 341 follow up notices versus 653 initial notices, or approximately 0.5 follow up notices per initial notice ( adjustment). In addition, EPA has separately identified mailing costs for the first time in this ICR, i. e., mailing costs of $ 10 per 327 submissions, or $ 3,270, which are included in the total costs identified above ( adjustment).

VerDate Jan< 31> 2003 15: 12 May 01, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02MYN1. SGM 02MYN1 23457 Federal Register / Vol. 68, No. 85 / Friday, May 2, 2003 / Notices Dated: April 23, 2003. Richard T. Westlund, Acting Director, Collection Strategies Division. [ FR Doc. 03   10896 Filed 5   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7492   8]

Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency. ACTION: Notice of proposed Consent Decree; request for public comment.

SUMMARY: In accordance with section 113( g) of the Clean Air Act, as amended (`` Act''), 42 U. S. C. 7413( g), notice is hereby given of a proposed Consent Decree. On April 17, 2003, Our Children's Earth Foundation filed a complaint pursuant to section 304( a) of the Act, 42 U. S. C. 7604( a), alleging the Environmental Protection Agency (`` EPA'') failed to meet its mandatory duty to `` assemble and publish a comprehensive document for each State setting forth all of the requirements of the applicable implementation plan for such State.'' Our Children's Earth Foundation v. EPA, No. C03   1705 ( N. D. CA). On April 17, 2003, EPA lodged a draft Consent Decree with the United States District Court for the Northern District of California and is seeking through this notice comment on whether to enter into the Consent Decree. The Consent Decree establishes time frames for nine EPA Regional Offices to make federally approved state clean air plans accessible via the worldwide web. DATES: Written comments on the proposed Consent Decree must be received by June 2, 2003. ADDRESSES: Written comments should be sent to Jan M. Tierney, Air and Radiation Law Office ( 2344A), Office of General Counsel, U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Copies of the proposed Consent Decree are available from Phyllis J. Cochran,( 202) 564   5566. On April 17, 2003, a copy of the proposed Consent Decree was lodged with the Clerk of the United States District Court for the Northern District of California.

SUPPLEMENTARY INFORMATION: Our Children's Earth Foundation (`` OCEF'') alleges that nine EPA Regional Offices failed to meet the obligation under section 110( h) of the Clean Air Act to `` assemble and publish a comprehensive document for each State setting forth all of the requirements of the applicable implementation plan for such State.'' Numerous provisions in the Clean Air Act require States to submit state implementation plans (`` SIPs'') specifying specify how areas within the State will attain ( i. e., meet) and maintain ( i. e., ensure continued compliance with) federal air quality standards. SIPs include state regulations that establish enforceable obligations on different sources of pollution, such as stationary industrial sources, to limit emissions of pollutants into the air. In addition, the SIP may include modeling or other plans (`` SIP Plans'') demonstrating how these state regulatory controls, in conjunction with federal programs, will bring and/ or keep air quality in compliance with federal air quality standards. OCEF alleges that five EPA Regional Offices   Regions 1, 2, 3, 8 and 10   have not met the section 110( h) obligation with respect to SIP rules. OCEF alleges that nine EPA Regional Offices   Regions 1, 2, 3, 4, 5, 6, 7, 8, and 10   have not met the section 110( h) obligation with respect to SIP Plans. The Consent Decree provides schedules by which Regions 1, 2, 3, 8, and 10 will make web accessible SIP rules for each state within the Region. In addition, for the nine Regions, the Consent Decree provides schedules by which each Region will make summaries of SIP Plans web accessible. For a period of thirty ( 30) days following the date of publication of this notice, the Agency will receive written comments relating to the proposed Consent Decree from persons who were not named as parties or interveners to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed Consent Decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determine, following the comment period, that consent is inappropriate, the Consent Decree will be final.

Dated: April 28, 2003.

Lisa Friedman Associate General Counsel. [ FR Doc. 03   10894 Filed 5   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ ER   FRL   6639   8]

Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information ( 202) 564   7167 or http:// www. epa. gov/ compliance/ nepa/. Weekly receipt of Environmental Impact Statements Filed April 21, 2003, through April 25, 2003. Pursuant to 40 CFR 1506.9. EIS No. 030183, Final EIS, AFS, UT, Uinta National Forest Revised Land and Resource Management Plan, Implementation, Juab, Sanpete, Tooele, Utah and Wasatch Counties, UT, Wait Period Ends: June 2, 2003, Contact: Marlene DePietro ( 801) 342   5161. EIS No. 030184, Draft EIS, AFS, AZ, Cross County Travel by Off Highway Vehicle Project, To Restrict Motorized, Wheeled Cross County Travel, Apache Sitegreaves, Conino, Kaibab, Prescott and Tonto National Forests, AZ, Comment Period Ends: June 16, 2003, Contact: Jim Anderson ( 928) 333   6370. This document is available on the Internet at: http:// ( www. fs. fed. us/ r3/ ohv). EIS No. 030185, Final Supplement, AFS, ID, Salmon Wild and Scenic River Management Plan, Timeline Change From December 31, 2002 to December 31, 2005 and Clarification of Economic Impacts on the Campes, Stub Creek, Arctic Creek and Smith Gulch Creek, Salmon National Forest, Salmon County, ID, Wait Period Ends: June 2, 2003, Contact: Patricia Pearson ( 208) 756   5148. EIS No. 030186, Final EIS, AFS, WI, Northwest Howell Project, Timber Harvest, Wildlife Openings Maintenance, Aspen and Jack Pine Types Regeneration, Hardwood and Conifer Tree Seedlings Protection, Lakes Habitat Improvements and Transportation System Development, Eagle Florence District, Chequameg Nicolet National Forest, Forest and Florence Counties, WI, Wait Period Ends: June 2, 2003, Contact: Shirley Frank ( 715) 528   4464 Ext. 27. EIS No. 030187, Draft EIS, FHW, MO, Missouri River Corridor, Widening and Improvements a New Four Lane Expressway, Corridor consist of Four Segments: Front Street, Chouteau Trafficway, South Riverfront Expressway ( SRE) and Little Blue Expressway ( LBE), Jackson and Clay Counties, MO, Comment Period Ends:

VerDate Jan< 31> 2003 15: 12 May 01, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02MYN1. SGM 02MYN1


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Page 28940]
[FR Doc No: 2013-11730]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Ninth Meeting: RTCA Next Gen Advisory Committee (NAC)

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Notice of RTCA NextGen Advisory Committee (NAC).

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SUMMARY: The FAA is issuing this notice to advise the public of the
ninth meeting of the RTCA NextGen Advisory Committee (NAC).

DATES: The meeting will be held June 4, 2013 from 9:30 a.m. to 3:00
p.m.

ADDRESSES: The meeting will be at RTCA Headquarters, NBAA/Colson
Conference Rooms, 1150 18th Street NW., Suite 910, Washington DC 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, by telephone at<PHONE_NUMBER>,
fax at<PHONE_NUMBER>, or the Web site at http://www.rtca.org.
Alternately, contact Andy Cebula at<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a NextGen Advisory Committee meeting. The agenda will
include the following:
June 4, 2013
 Opening of Meeting and Introduction of NAC Members--Chairman
Bill Ayer, Chairman, Alaska Air Group
 Official Statement of Designated Federal Official--The
Honorable Michael Huerta, FAA Administrator
 Review and approval of February 7, 2013 Meeting Summary
 Chairman's Report--Chairman Ayer
 FAA Report--Mr. Huerta
 FAA NextGen Performance SnapShots
 Featured PBN Implementation Location
 Data Sources for Measuring NextGen Fuel Impact
    [cir] Report on data sources to track and analyze the impacts of
NextGen developed by the Business Case and Performance Metrics Work
Group
 Recommendation for Implementing Categorical Exclusion
Contained in FAA Modernization Act of 2012
 Recommendation developed by CatEx2 Task Group for implementing
new statutory authority for a streamlined environmental review process.
 Performance Based Navigation (PBN)
    [cir] Recommendation identifying barriers to implementing PBN along
with mitigation strategies developed by Operational Capabilities Work
Group
 NAC Taskings Discussion
 Anticipated Issues for NAC consideration and action at the
next meeting, September 30, 2013, Washington, DC
 Other Business
 Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the ``FOR FURTHER INFORMATION CONTACT'' section. Members of the public
may present a written statement to the committee at any time.

    Issued in Washington, DC, on May 7, 2013.
Paige L. Williams,
Management Analyst, Business Operations Group, ANG-A12, Federal
Aviation Administration.
[FR Doc. 2013-11730 Filed 5-15-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Notices]
[Page 10751-10752]
[DOCID:fr09mr07-71]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0119; FRL-8117-6]

Experimental Use Permit; Receipt of Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of an application 71693-EUP-R
from Interregional Research Project Number 4 (IR-4), on behalf of the
Arizona Cotton Research and Protection Council, requesting an
experimental use permit (EUP) for Aspergillus flavus AF36. The Agency
has determined that the application may be of regional and national
significance. Therefore, in accordance with 40 CFR 172.11(a), the
Agency is soliciting comments on this application.

DATES: Comments must be received on or before April 9, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0119 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0119. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shanaz Bacchus, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to to those persons who are interested in
agricultural biotechnology or may be required to conduct testing of
pesticidal substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Since other entities may also be interested, the Agency has
not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    IR-4, Rutgers University, 500 College Road East, Suite 201W,
Princeton, NJ 08540, on behalf of the Arizona Cotton Research and
Protection Council, 3721 East Weir Avenue Phoenix, Arizona 85040-2933
proposes to treat pistachio in California. The registrant plans to use
the a conditionally registered microbial pesticide containing
Aspergillus flavus AF36, at 0.0008 percent (EPA Registration Number
71693-1). This pesticide is currently used on cotton in California.

III. What Action is the Agency Taking?

    Following the review of the IR-4 application and any comments and
data received in response to this notice, EPA will decide whether to
issue or deny the EUP request for this EUP program, and if issued, the
conditions under which it is to be conducted. Any issuance of an EUP
will be announced in the Federal Register.

IV. What is the Agency's Authority for Taking this Action?

    The Agency is authorized to take this action under FIFRA section 5.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: February 28, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

[FR Doc. E7-4169 Filed 3-8-07; 8:45 am]

BILLING CODE 6560-50-S


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 29, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18727

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  China Southern Airlines Company Limited				Date Filed:  July
23, 2004

Relief requested: Exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of property and mail between
Shanghai, People’s Republic of China, on the one hand, and the
coterminal points Anchorage, Alaska, and Chicago, Illinois, on the other
hand.

Date and citation of last action:  New authority

Applicant representative:  Ronald P. Brower<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  July 29, 2004

(We acted on China Southern’s request in less than the full 15-day
period for filing answers with the consent of all parties served)

Effective dates of authority granted:  July 29, 2004-July 29, 2005

Basis for approval (bilateral agreement/reciprocity):  U.S.-China Air
Transport Services Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) and China Southern’s
foreign air carrier permit (Order 2001-11-4)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Attachment

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland, except
as otherwise provided for in the U.S.-U.K. Air Services Agreement;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in
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उ〉⼵〲㐰

›


[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Page 46595]
[FR Doc No: 2015-19219]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4222-DR; Docket ID FEMA-2015-0002]

Oklahoma; Amendment No. 12 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-4222-DR), dated May 26, 2015, and
related determinations.

DATES: Effective date: July 24, 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: The notice of a major disaster declaration
for the State of Oklahoma is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 26, 2015.

    Cherokee and Lincoln Counties for Individual Assistance.
    Adair, Coal, Delaware, Garvin, Hughes, Logan, Love, Murray,
Ottawa, and Pontotoc Counties for Individual Assistance (already
designated for Public Assistance).
    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. 2015-19219 Filed 8-4-15; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: March 2, 2006 (Volume 71, Number 41)]
[Notices]
[Page 10728]
[DOCID:fr02mr06-101]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 1-11394]

Issuer Delisting; Notice of Application of MEDTOX Scientific,
Inc. To Withdraw Its Common Stock, $.15 Par Value, From Listing and
Registration on the American Stock Exchange LLC

February 24, 2006.
    On February 9, 2006, MEDTOX Scientific, Inc., a Delaware
corporation (``Issuer''), filed an application with the Securities and
Exchange Commission (``Commission''), pursuant to section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, $.15 per value
(``Security''), from listing and registration on the American Stock
Exchange LLC (``Amex'')
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 781(d).
    \2\ 17 CFR 240.12d-2(d).
---------------------------------------------------------------------------

    On February 7, 2006, the Board of Directors (``Board'') of the
Issuer unanimously approved a resolution with the Security from Amex
and to list the Security on the Nasdaq National Market (``Nasdaq'').
The Issuer stated it believes Nasdaq will not only provide more
recognition for the Issuer in the investment community, but increase
liquidity and enhance value for shareholders. The Issuer stated that it
anticipates the Security to trade on Nasdaq on February 16, 2006.
    The Issuer stated in its application that it has met the
requirements of Amex Rule 18 by complying with all applicable laws in
effect in the State of Delaware, in which it is incorporated, and
provided written notice of withdrawal to Amex.
    The Issuer's application relates solely to withdrawal of the
Security from listing on Amex and from registration under section 12(b)
of the Act,\3\ and shall not affect its obligation to be registered
under section 12(g) of the Act.\4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
---------------------------------------------------------------------------

    Any interested person may, on or before March 22, 2006, comment on
the facts bearing upon whether the application has been made in
accordance with the rules of Amex, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments

     Use the Commission's Internet comment from (http://www.sec.gov/rules/delist.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

the File Number 1-11394 or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number 1-11394. This file
number should be included on the subject line if e-mail is used. To
help us process and review your comments more efficiently, please use
only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/delist.shtml).

Comments are also available for public inspection and copying in the
Commission's Public Reference Room. All comments received will be
posted without change; we do not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. 06-1952 Filed 3-1-06; 8:45am]

BILLING CODE 8010-01-M


Supporting Statement for Information Collection Request Recordkeeping and Reporting Requirements for the Fuel Quality Regulations for Nonroad, Locomotive, and Marine Diesel Fuel EPA ICR 1718.05 Spring 2003 Assessment and Standards Division Office of Transportation and Air Quality Office of Air and Radiation U. S. Environmental Protection Agency 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title Of The Information Collection Recordkeeping and Reporting Requirements for the Fuel Quality Regulations for Nonroad, Locomotive, and Marine Diesel Fuel ICR: 1718.05, OMB Control Number: 2060 0308 1( b) Short Characterization/ Abstract Nonroad diesel engines are the largest remaining contributor to the overall mobile source emissions inventory. We have already taken steps to dramatically reduce emissions from lightduty vehicles and engines through the Tier 2 and 2007 highway diesel programs. With expected growth in the nonroad sector, the relative emissions contribution is projected to be even larger in later years. The proposed rule sets out emissions standards for nonroad engines used in construction, farming, and mining operation that will achieve over 90% reduction in emissions levels from today's engines. Additionally, we are proposing to reduce sulfur levels in nonroad diesel fuel, including diesel fuel used in locomotive and marine applications, first to 500 parts per million ( ppm) and then a further reduction to 15 ppm. Taken together, controls included in this proposal would result in large public health and welfare benefits. As was the case with the Tier 2 and 2007 highway diesel programs, this proposed program would treat vehicles and fuels as a system, combining requirements for much cleaner vehicles with requirements for much lower levels of sulfur in diesel fuel.

The current proposal sets out new engine exhaust emissions standards, sulfur control requirements for nonroad diesel fuel, and new engine emissions test procedures.

The pollution emitted by diesel engines contributes greatly to our nation's continuing air quality problems. EPA is introducing a rule that would establish standards for the quality of nonroad, locomotive and marine diesel fuel. New emissions standards for these engines will apply starting with model year 2007. Since the new technology developed will require low sulfur diesel fuel ( 500 ppm sulfur or less), the regulations require the availability of this fuel starting by no later than June 1, 2007.

The diesel sulfur rule contains many types of flexibility 2 aimed at reducing burdens on small businesses and those faced with particular hardships. The probable fuel program design will be implemented stepwise for the years 2007, 2010 and 2014 and beyond.

This Information Collection Request ( ICR) would make ICR additions to the existing fuels regulations applicable to diesel fuel. The additional requirements covered under this ICR are included in the proposed rule.

The information under this ICR will be collected by EPA's Transportation and Regional Programs Division, Office of Transportation and Air Quality, Office of Air and Radiation ( OAR), and by EPA's Air Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance ( OECA). The information collected will be used by EPA to evaluate compliance with diesel sulfur control requirements under the diesel rule. This oversight by EPA is necessary to ensure attainment of the air quality goals of the diesel program.

The scope of the recordkeeping and reporting requirements for each type of party ( e. g., refiners, marketers, or retailers of diesel), and therefore the cost to that party, reflects the party's opportunity to create, control or alter the sulfur content of diesel fuel. As a result, refiners and importers will generally have more requirements than parties downstream from the diesel production or import point, such as retailers. EPA has made every effort to minimize recordkeeping and reporting burdens and to ensure that parties do not have to submit duplicate information. For example, a refiner or importer who has already registered under the reformulated gasoline and anti dumping program ( ICR number 1591.13, OMB control number 2060 0277) is not required to resubmit the same information for purposes of this program.

It is estimated that there will be 37,713 reports, 54,858 burden hours, and total costs ( labor, overhead and maintenance, purchased services, and annualized capital costs) of $ 7,352,915. This figure includes the initial burden associated with learning and adapting to the new requirements.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority For The Collection 3 EPA is proposing a rule to establish a comprehensive national control program that will regulate equipment and its fuel as a single system. As part of this program, new emissions standards will begin to take effect in model year 2007, and will apply to nonroad, locomotive, and marine diesel fuel engines. These standards are based on the use of high efficiency catalytic exhaust emission control devices or comparably effective advanced technologies. Because these devices are damaged by sulfur, we are also reducing the level of sulfur in diesel fuel significantly at an appropriate time. The program provides substantial flexibility for refiners, especially small refiners, and for manufacturers of engines and equipment. These options will ensure that there is widespread availability and supply of the low sulfur diesel fuel from the very beginning of the program and that high sulfur and low sulfur fuels are segregated at all points in the distribution system. This rule also provides for exemptions, upon application, for research, development, and testing purposes.

This supporting statement describes the recordkeeping and reporting requirements and the associated costs to various parties ( e. g., refiners, importers, distributors, and retailers of diesel fuel). These requirements are necessary to enable the Administrator to:

( 1) Identify the sources of diesel fuel; and ( 2) Ensure that these sources comply with the standards and limitations of the rules.

An effective enforcement scheme is necessary to ensure that the environmental goals of the diesel program are met, and that those complying with the requirements in good faith are not disadvantaged by noncomplying parties. The diesel program requirements create a significant economic incentive for noncompliance.

Sections 114 and 208 of the Clean Air Act ( CAA), 42 U. S. C. § § 7414 and 7542, authorize EPA to require recordkeeping and reporting regarding enforcement of the provisions of Title II of the CAA. Relevant portions of the statutes referenced above can be found in the Attachment. The current regulations applicable to nonroad, locomotive and marine diesel fuel can be found in 40 CFR Part 80, Regulation of Fuels and Fuel Additives. The regulations associated with the information collection are contained in the proposed rule for the nonroad diesel rulemaking. 4 2( b) Practical Utility/ Users of the Data EPA will use the information contained in the annual reports required by this information collection to evaluate the compliance of parties involved in the production and importation of diesel with the nonroad, locomotive, and marine diesel fuel requirements. These reports will also be used by EPA to target compliance investigations. Any baseline information submitted by refiners in order to generate early credits will be used to ensure that credits generated are correctly determined. PTDs maintained by parties in the diesel fuel distribution system and records related to diesel blending will be used to evaluate the compliance of the parties that maintain the records, and to help evaluate upstream compliance.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication Efforts have been made to eliminate duplication in this information collection. Where possible, information requirements from various organizations within the Agency have been combined to minimize the submittal of duplicate information in different formats. The information in this collection will not be available from another source.

To minimize the information collection burden, refiners and importers who are registered under the RFG program ( 40 CFR 80.76) are considered to have satisfied the registration requirements under the diesel rule. This also applies to the registration requirements for refiners subject to the small refiner or temporary hardship relief provisions, and refiners and importers subject to the GPA standards. Refiners and importers who are not already registered with EPA must register in accordance with the registration requirements under the RFG program.

3( b) Public Notice Prior to Submission to OMB We will publish a proposed rulemaking in the Federal Register regarding requirements for low sulfur nonroad diesel fuel. The proposed rule will include invitations to comment on the ICR. We have already received comments on several issues related to information collection as part of our effort to develop the proposal. These comments and our responses are reflected in the proposal and will be addressed in the summary and analysis of comments and this ICR for the final rule. 5 3( c) Consultations EPA has discussed aspects of this information collection with representatives of regulated industry.

As part of its effort to comply with the requirements of the Small Business Regulatory Enforcement Fairness Act ( SBREFA) requirements, EPA met several times with small entity representatives. Additionally, EPA convened an intergovernmental panel, in accordance with the SBREFA, which met with small entity representatives and made specific recommendations to EPA regarding the impact of diesel sulfur control on small businesses. These recommendations were carefully considered by EPA in developing the proposed and final rules and the specific provisions for qualifying small refiners. A copy of the Panel's report is available in the docket for this regulatory action. The Panel report contains a list of the fuel industry's participating small entity representatives, and provides a summary of their comments. In addition, EPA staff met periodically with API and its member companies to develop the proposed requirements.

3( d) Effect of Less Frequent Collection The diesel rule requires refiners and importers to submit annual reports which will, by the information contained therein, demonstrate a party's compliance with the applicable sulfur standards. Less frequent submittal of such reports would severely hinder EPA's ability to monitor compliance, and would likely lead to noncompliance.

3( e) General Guidelines This information collection activity complies with the guidelines in 5 CFR 1320.6, except that respondents are required to keep certain records for longer than three years. Specifically, all parties are required to keep PTDs and records of quality assurance testing ( if conducted) for five years. Refiners and importers are also required to keep their compliance records for five years. The PTD information will facilitate EPA's identification of the source of any diesel fuel found to be in violation of the sulfur standard. These recordkeeping requirements should impose little additional burden. Five years is the applicable statute of limitations for fuel programs. See 28 U. S. C. 2462.

Refiners and importers will be submitting a limited amount of proprietary information in their annual reports. Those 6 submitting a baseline or applying for one of the flexibility options such as small refiner, GPA or temporary relief provisions, will be submitting additional proprietary information.

This type of information has been collected in the past and will be safeguarded in the same manner as data required by other EPA directives. Pertinent information, whether kept by the respondent or by a contractor, is subject to auditing by EPA. Consequently, EPA officials will require entry and access to facilities.

3( f) Confidentiality As discussed in 3( e) above, proprietary information will be submitted by refiners and importers. Confidentiality for such information is covered by established Agency procedures and the regulations at 40 CFR Part 2.

3( g) Sensitive Questions No questions of a sensitive nature are asked in this information collection.

4. THE RESPONDENTS AND THE INFORMATION COLLECTED 4( a) Respondents/ SIC Codes The respondents to this information collection are:  Refiners ( both domestic and foreign refiners who manufacture diesel for use in the U. S.)  Importers of diesel into the U. S.  Diesel distributors, carriers, wholesale purchaserconsumers and retailers  Users of research and development diesel ( testing laboratories)

Recordkeeping and, in some cases, reporting are required by the following industries: refiners ( 2911), importers ( 5172), pipelines ( 4613), petroleum marketers and and other distributors ( 5171,5172), terminals ( 4226), fuel oil dealers ( 5983), fuel additive manufacturers ( 5172, 2911), and petroleum retailers and wholesale purchaser consumers ( 5541).

Some of the required records  like product transfer documents  ( PTDs) are generated and maintained in the normal 7 course of business ( i. e., customary business practices, or " CBP"). Diesel fuel additive manufacturers who sell bulk additives to terminals will have a new requirement to generate PTDs describing the sulfur content of such additives. This burden on additive manufacturers should be minimal. Without the required records, EPA would be unable to enforce the diesel sulfur requirements.

4( b) Information Requested 1. Data Items Knowledge of the following definitions at 40 CFR Part 2 is important for a thorough understanding of the reporting and recordkeeping requirements:

" Diesel fuel" means any fuel sold in any state or Territory of the United States and suitable for use in diesel motor vehicles, diesel motor vehicle engines or diesel nonroad engines, and which is commonly or commercially known or sold as diesel fuel.

" Nonroad, locomotive, and marine diesel fuel" means any diesel fuel, or any distillate product, that is used, intended for use, or made available for use, as a fuel in diesel motor vehicles or diesel nonroad, locomotive, and marine engines.

" Refinery" means a plant in the United States at which gasoline or diesel fuel is produced.

" Foreign refinery" means a refinery that is located outside the United States.

" Refiner" means any person who owns, leases, operates, controls, or supervises a refinery.

" Small refiner" means a refiner who produces diesel fuel at a refinery by processing crude through refinery units, employed fewer than an average of 1,500 people from January 1, 1999 to January 1, 2000, had an average crude capacity less than or equal to 155,000 barrels per calendar day ( bpcd) for 1999, and that has submitted an application and received EPA approval under 40 CFR § 80.550.

" Importer" means a person who imports gasoline, gasoline blending stocks or components, or diesel from a foreign country into the United States ( including the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. 8 " Sulfur percentage" is the percentage of sulfur in diesel fuel by weight, as determined using one of the test methods specified in the regulations.

" Batch of nonroad, locomotive, and marine diesel fuel" means a quantity of diesel fuel which is homogenous with regard to those properties that are specified for nonroad, locomotive, and marine diesel fuel under 40 CFR subpart I.

" Nonroad, locomotive, and marine diesel fuel additive" means any substance not composed of purely carbon and/ or hydrogen, or of diesel blendstocks, that is added, intended for adding, used, or offered for use in nonroad, locomotive, and marine diesel fuel subject to its production.

2. Recordkeeping and Reporting Requirements a. General Recordkeeping and Reporting Requirements Applicable to Refiners and Importers Registration. ( See 40 CFR § 80.597.) The diesel sulfur program requires that refiners and importers who are either currently producing and supplying nonroad diesel fuel, or that expect to do so. Where a registrant has already provided information under the reformulated gasoline and anti dumping program ( see 40 CFR § 80.76), that registrant is not required to re register under this diesel program. Pre Compliance Reports. ( See 40 CFR § 80.594.) All refiners and importers must generally report on their progress towards meeting the nonroad diesel sulfur standard as specified in this proposal. Pre compliance reports may be submitted electronically or on paper and must describe any changes related to registration, volume estimates for both 15 ppm and 500 ppm diesel fuel to be produced from crude oil and other sources, estimates as to the number of credits to be earned and/ or used, and information indicating progress toward making necessary capital commitments and modifications to produce 15 ppm diesel fuel by the appropriate date. Pre compliance reports must be submitted by a date to be specified upon finalization of this proposal and should be accompanied by a written, signed certification by a responsible corporate officer.

Annual reports, underlying records, and electronic reporting. ( See 40 CFR § § 80.592( b) and 80.593.)

The first compliance period during which credits are generated, any refiner or importer who produces or imports diesel fuel subject to the 500 ppm sulfur standard or who generates credits under the diesel program must submit annual reports to 9 EPA. The annual reports are due the last day of February for the previous year's activity.

Annual reports must contain the following information: name of the company and registration number, volume and quality data for all diesel fuel produced for sale within the United States during the compliance period, what percentage of fuel met the 15 ppm and 500 ppm sulfur standards, and information regarding credits generated, used, and/ or transferred. ( See 40 CFR § 80.593.) Small refiners will be required to provide minimal additional information, which varies according to which small refiner option the refiner will be using. All annual reports must be accompanied by a written, signed certification by a responsible corporate officer.

Records related to the annual reports must be maintained for at least five years. The first compliance period during which credits are generated, whichever is earlier, any refiner or importer continuing to produce 500 ppm nonroad, locomotive, and marine diesel fuel must keep records that including the following information for each batch of diesel fuel produced by all refiners or imported by all import facilities subject to one of the flexibilities:

1) batch volume; 2) batch number; 3) date of production or import; 4) PADD of production/ import; and 5) designation of the batch as meeting the 15 ppm or 500 ppm sulfur standard.

For foreign refiners and importers, designations and other records required under 40 CFR § 80.620 are also required. Importers are required to keep records identifying and verifying the source of each batch of certified and non certified foreign refiner diesel fuel under 40 CFR § 80.620. ( See 40 CFR § 80.592( c).)

For all refiners and importers, who generate credits, the following records must be kept separately for each refinery and by PADD of production/ import for for each credit trading area ( in the case of an importer):

1) the number of credits possessed at the beginning of the year; 5) the number of credits generated during the year; 6) the number of credits used during the year; 7) information about any party from whom credits were obtained 10 or to whom credits were traded, including that party's EPA registration number; 8) any credits that will carry over into ( the) subsequent year( s); and 9) any other commercial documents related to transfer of credits.

It is our intention to accept all diesel program annual reports in a highly simplified, electronic format ( i. e., either within a common commercial spreadsheet or as a comma delimited text file). We believe that this will minimize the cost of reporting for regulated parties and, based upon our experience with electronic reporting in other fuels programs, will be widely embraced by regulated parties.

We will request encryption in order maintain strict protection of these submissions, which are generally covered by a claim of " confidential business information" ( CBI). The signature and certification by the responsible corporate officer will be in writing. In order to ensure the integrity of electronic files, a hash value will be included to identify the annual report file( s) submitted. ( A hash algorithm computes a unique and condensed representation of a message or a data file. This " hash value" and is useful for identification and evidentiary purposes.)

All annual reporting under this program ends with the report due on the last day of February 2011 and covering compliance year 2010. After that date, all nonroad, locomotive, and marine diesel fuel will have to meet the 15 ppm standard and there is no further purpose to be served by annual reporting.

Registration information and reports will be entered into an EPA Office of Air and Radiation, Office of Transportation and Air Quality computer database. Information covered by a claim of business confidentiality will be handled in accordance with standard Agency procedures regarding confidential business information and the applicable provisions at 40 CFR Part 2.

Product transfer documents. ( See 40 CFR § 80.590.) All parties in the distribution system are required to keep product transfer documents ( PTDs), but refiners and importers are also required to initially generate and provide information on commercial PTDs that identify diesel fuel for highway use complying with either the 15 ppm or 500 ppm standard or identifying the diesel fuel as meeting certain other specific needs. For example, PTDs will be 11 used to identify diesel fuel as meeting the 15 ppm or 500 ppm sulfur standard, as diesel fuel for export only, as diesel fuel for use in specified Territories, as diesel fuel for use as research and development fuel only, etc. Product transfer documents are also used to identify diesel fuel for use in Alaska and exempt from Federal dye requirements. ( See 40 CFR § 69.51( a)( 2) and ( c)( 2).)

The record retention time for most records is five years, which is the same as under other fuels programs. Creation and retention of PTDs does not create a new requirement, but there will be a one time expense associated with developing new computer product codes or descriptive phrases to identify product. Product codes may be used by most parties if such codes are clearly understood by each transferee. Textual statements are to be provided to truck carriers, retailers, and/ or wholesale purchaser consumers. Once established, these product codes will continue to be routinely used.

Any additional burdens associated with PTDs are reasonably expected to be quite minimal because all parties already routinely receive transfer documents as a customary business practice and generally maintain them for four or five years under state tax laws. Product transfer document information is necessary to 1) prevent commingling of products meeting different sulfur standards, 2) avoid contamination of non road diesel with higher sulfur products, and 3) prevent misfueling of model year 2007 and later vehicles with any fuel having a sulfur content greater than 15 ppm. It is very important that misfueling not occur, as it may result in harm to the vehicles emissions controls and other systems. It is important that excessive amounts of 15 ppm fuel not be downgraded in the distribution system in order to ensure sufficient availability of 15 ppm compliant fuel at retail.

Product transfer documents for additives. ( See 40 CFR § 50.591.) Product transfer documents for diesel additives must indicate that the additive does not exceed 15 ppm sulfur or, in the alternative, that the additive does exceed 15 ppm sulfur and care must be taken to blend it properly in order to ensure that the blended final product is compliant with the 15 ppm sulfur standard.

Quality assurance test results for batches of diesel fuel. ( See 40 CFR § 80.592.) Refiners and importers are not required to test each batch of diesel for its sulfur content. Quality assurance testing is voluntary, although nearly all refiners and 12 importers would engage in such testing in order to establish an affirmative defense under an enforcement scenario. Records retained would have to indicate the location, date, time and storage tank or truck sampled, the name and title of the person who sampled the tank or truck, and the results of any testing. For any product that was non compliant as a result of quality assurance testing, records would have to be made and kept to indicate the actions the party has taken, if any, to identify the cause of the noncompliance and to prevent future instances of noncompliance. Any generated records related to quality assurance testing would have to be retained for five years.

All records, including electronic records and the various types of specific recordkeeping and reporting requirements ( discussed below), must be made available to EPA upon request.

b. Applications and baselines for small refiners. ( See 40 CFR § § 80.550  80.80.553.)

Small refiners must apply for small refiner status. Application must be made by December 31, 2001. ( This date may be June 1, 2003 in limited circumstances involving the activation or reactivation of a refinery.)

Small refiner applications must include information about the company, its corporate structure and its refining capacity that will permit EPA to assess whether the refiner is, in fact, " small" for purposes of the program. All applications must be in writing and signed and certified by a responsible corporate officer.

The application must indicate whether the refiner is seeking to continue the sale of 500 ppm nonroad, locomotive, and marine diesel fuel and/ or to generate early compliance credits, or if the refiner is seeking an extension of its small refiner gasoline sulfur standard under the gasoline sulfur regulations. ( See 40 CFR § § 80.240, 80.552( c) and 80.553.)

Small refiners must apply for a small refiner baseline. ( See 40 CFR § 80.595.) A separate volume baseline must be submitted for each refinery for which small refiner status is sought. Instructions for calculating the baseline are included in the regulations at 40 CFR § 80.596. The baseline must be accompanied by a written signature and certification by a responsible corporate officer.

Small refiners must comply with the same recordkeeping and 13 reporting requirements, including pre compliance and annual reports, required of all refiners. If they choose to continue to produce 500 ppm and/ or to generate credits, then they will have to make a showing ( as part of the pre compliance and/ or annual report) that sufficient sources of 15 ppm diesel exist in areas where they will supply 500 ppm product. If, after 2003, the sources of 15 ppm diesel decrease, then they must further identify ( as part of the pre compliance and/ or annual report) the change and include supplementary information showing that the sources of 15 ppm product are still adequate.

c. Applications by Refiners Seeking to Be Granted Temporary Relief for General Hardship. ( See 40 CFR § 80.560.)

A refiner may petition for temporary relief from some or all of the diesel requirements if the refiner can demonstrate that unusual circumstances exist that impose extreme hardship and prevent the refiner from being able to comply with applicable requirements. The items that must be included in the petition are laid out in 40 CFR § 80.560 and include description of a plan demonstrating how the refiner plans to comply with the diesel rule's requirements as soon as possible, information about the refiner's efforts to obtain capital for refinery improvements or to obtain credits, information about the bond rating of the entity that owns the refinery, and similar items that support the application. The refiner must also include a compliance plan that will demonstrate how the refiner will engage in a quality assurance testing program, engage in period sampling and testing at its own facilities and at downstream locations, inspect retail and wholesale purchaser consumer facilities it supplies to ensure proper segregation and labeling of its product, etc. All applications must be accompanied by a signed, certification letter from a responsible corporate officer.

d. Applications by Refiners Seeking to be Granted Relief under Extreme Circumstances. ( See 40 CFR § 80.561.)

In appropriate extreme, unusual, and unforseen circumstances, clearly outside the control of the refiner or importer and which could not have been avoided by exercising due diligence, EPA may permit distribution of diesel fuel that does not meet regulatory requirements if certain conditions are met ( e. g. it must be in the public interest to do so, the refiner must make up any air quality detriment, the refiner must pay the U. S. Treasury an amount equal to the economic benefit of the nonconformity minus the amount paid making up any air quality 14 detriment, etc.). Due to the extreme nature of this relief, no exact format is prescribed by the regulations for application. However, in order for the Agency to make a decision as to whether to grant such relief, it is necessary for the party to describe the circumstances in sufficient detail.

e. Applications for Research and Development Exemptions. ( See 40 CFR § 80.600.)

Any person may receive an exemption from the regulations for diesel fuel used for research, development, or testing purposes. The regulations specify the type of information a party would submit in order to demonstrate that there is a legitimate basis for granting an exemption. Such information includes a concise statement of the purpose and scope of the program and an explanation as to why an exemption is needed. Information about the duration of the program, the maximum number of vehicles or engines involved, and the quantity of diesel fuel is to be provided to the Agency. In addition, the party must provided information about the site where research is to be conducted and the manner in which records will be kept. Contact information must be provided.

f. Recordkeeping and reporting that is specific to foreign refiners subject to a temporary compliance option or a hardship provisions ( See 40 CFR § 80.620.)

Generally, the requirements of the diesel program are to be met by the importer ( who imports foreign refiner diesel) unless a foreign refinery has applied for and received EPA approval to produce nonroad, locomotive, and marine diesel fuel under the temporary compliance option or one of the hardship provisions. Foreign refiners may seek to be included under the temporary compliance option ( see 40 CFR § § 80.530 80.532), the small refiner hardship provisions ( see 40 CFR § § 80.552 and 80.553), the temporary relief provisions of 40 CFR § 80.560 or the extreme unforeseen circumstances provisions of 40 CFR § 80.561. As with other refiners, application must be made in writing to EPA, and signed and certified by a responsible corporate officer. The writing must be in English or an English translation must be provided.

Because of the difficulties of enforcing requirements in foreign countries, there is an attest engagement requirement 15 associated with foreign refiner flexibility. This must be performed on a yearly basis and must be submitted on May 30th for the prior calendar year. An attest engagement is similar to a financial audit and is to be conducted by a party who is independent of the foreign refiner and who is either a licensed CPA or a person approved in advance by EPA who is capable of carrying out those duties.

g. Recordkeeping and reporting that is specific to the generation of early credits. ( See 40 CFR § § 80.531 and 80.532.)

Details to be given upon finalization of this proposal.

3. Respondent Activities The following are required:

1. Read and comprehend the regulations and instructions for submission of registration, reports, and/ or applications.

2. Train personnel to meet the requirements, employing new technologies if warranted.

3. Develop the information that is not already available.

4. Gather and organize the information.

5. Review the information, perform quality assurance, and take corrective action, if necessary, to meet the regulatory requirements.

6. Report the information to EPA in an appropriate manner, and/ or retain the information, as specified in the regulations. 16 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities The following are required:

3.

Prepare necessary guidance documents, including a Question and Answer ( Q& A) document

Convey the requirements in a manner that is understandable. Emphasize the benefits of submitting data electronically.

Respond to inquiries.

Provide access to the regulations, guidance documents, and forms.

Review the submitted information prior to data entry for compliance with submission requirements.

Process baseline applications and applications for hardships.

Contact the respondent when the information has not been submitted properly and provide guidance on correction of the problem.

Maintain and refine hardware and software systems for handling confidential data via hard copy and electronically.

Administer a contract for data entry.

Input information into databases and store the information.

Perform data analysis and identify violations. 1. 5( b) Collection Methodology and Management The information collection has been developed by EPA offices that have planned and allocated resources for the efficient and effective management and use of the information to be collected, 17 including the processing of the information in a manner which shall enhance the utility of the information for the Agency and the public. The information collection, to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, Agency efficiency, and responsiveness to the public.

EPA will accept common electronic formats for most of the reporting requirements  for example, annual reports may be submitted in any of several commercial spreadsheet formats or, more simply, as comma delimited text files. For applications for small refiner status, research and development exemptions, and similar documents, any format may be used that contains the necessary information. All submissions must be signed and certified by a responsible corporate officer. Electronic submissions should be encrypted and must contain a " hash value," as discussed above in section 4.

The product transfer document information can be included on standard transfer documentation customarily used in the ordinary course of business. EPA allows the information to be encoded by upstream parties ( refiners, importers, terminals) to facilitate reporting and save space.

The information is carefully reviewed for compliance with the requirements. Most of the information submitted to the Agency is confidential. It is stored in a secure area and on secure databases.

5( c) Small Entity Flexibility The information collection reduces to the extent practicable and appropriate the burden on respondents, including small entities. The major reporting requirements apply to refiners and importers of diesel , which are not usually small businesses. Small refiners and other parties are required to supply information in order to confirm their status and the applicability of appropriate flexibility provisions to them. However, most of these reporting requirements are included in the one time submission of the registration, application, and baseline. Other small businesses which are covered, including diesel distributors, retailers, and wholesale purchaser consumers, have no mandatory requirements other than maintaining product transfer documents, which is already done in the ordinary course of business. 18 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) and( b) Estimating Respondent Burdens and Costs Several reporting burdens associated with this program are one time burdens associated with the start of the program. For example, there is a one time reporting burden associated with registration ( for those parties who are not already registered under the reformulated gasoline and anti dumping program or gasoline sulfur program). There is also a one time reporting burden associated with each application under various available compliance options, including the small refiner, GPA, and temporary hardship provisions.

QA testing of batches of diesel fuel under this program is voluntary. Such testing is performed by many parties in the normal course of business. There is an annualized capital cost for the equipment necessary for the batch testing.

Third party activity, the transmittal or storage of producttransfer documents, is a customary business practice. For most reporting requirements, the only operating and maintenance ( O& M) costs are for copying and postage/ courier fees. Some electronic reports may be encrypted and sent via e mail or diskette. There is a very modest capital cost for encryption software.

Labor rates on a per hour basis, are taken from the Bureau of Labor Statistics web site at http:// stats. bls. gov/ news. release/ ecec. t12. htm ( accessed November 24, 2000). Technical labor is $ 42.89/ hr, managerial labor is $ 65.19/ hr, clerical labor is $ 27.11/ hr. Labor rates were multiplied by 1.5 to account for fringe benefits and other overhead expenses.

The labor mix for the activities above will be about the same for each. It is assumed that for each hour of activity the mix will be about 0.1 hour managerial, 0.7 hour technical, and 0.2 hour clerical. This gives an average labor cost of about $ 70 per hour, which will be used in this ICR. The annual burden estimates given below are based upon the likely respondents and estimated number of reports, industry contact, and our knowledge of likely industry activity over the next three years. They are presented in the same order as above, but with abbreviated titles. The estimated respondent population by respondent is noted on the table below.

ANNUAL ESTIMATED REPORTING BURDENS For most activities the estimate is one hour per report. However, some reports and some applications may require 19 considerably more time, as estimated below. We expect that all or nearly all annual reports and baselines applications will be submitted electronically. 1 Many parties have already registered under other fuels program and will not have to re register. We are assuming 125 refineries, 75 importers, and 1,350 terminals total for purposes of this annual burden table.

2 These are one time burdens.

3 Applications of this type are only for extreme, unforseen circumstances and are expected to be very rare.

20 Annual Burden Table by Collection Activity Collection Activity Number of Respondents Reports per Respondent/ Total Hours per Report/ Total Labor Costs in $ Non postage Other Costs in $

Refiner and importer registration1 20 1/ 20 1/ 20 1,350 Application for Small Refiner Status ( including Baseline) 2 25 1/ 25 20/ 500 33,750 Temporary Hardship Relief Application2 20 1/ 20 20/ 400 27,000 Application for Relief Under Extreme Circumstances3 2 1/ 2 40/ 80 5,400 Collection Activity Number of Respondents Reports per Respondent/ Total Hours per Report/ Total Labor Costs in $ Non postage Other Costs in $

4 Estimate is based upon the number of R& D exemptions requested in similar programs and upon discussion with industry sources. 21 R& D Exemption Application4 8 1/ 8 1/ 8 540 Refiners' and importers'

database and software programming needs for diesel reporting and credit tracking2 150 1/ 150 150/ 22,500 ( annualized over 3 years) 1,518,750 Refiners' and Importers' Precompliance Reports 150 1/ 150 20/ 3,000 202,500 Refiners' and Importers'

Annual reports 150 1/ 150 40/ 6,000 405,000 Collection Activity Number of Respondents Reports per Respondent/ Total Hours per Report/ Total Labor Costs in $ Non postage Other Costs in $

5 Product transfer documents are kept in the normal course of business; however there is a one time burden associated with creating new program codes or phrases.

6 Product transfer documents are kept in the normal course of business; however there is a one time burden associated with creating new program codes or phrases. 22 Refiners' and importers'

creation of new product codes or phrases for Product Transfer Documents5 150 15/ 2,250 .33/ 750 ( annualized over 3 years) 50,625 Diesel additive manufacturers'

creation of new product codes or phrases for Product Transfer Documents6 200 100/ 20,000 .33/ 6,600 ( annualized over 3 years) 445,500 Voluntary QA by refiners and importers 150 100/ 15,000 1/ 15,000 1,012,500 3,600,000 ( 24,000 per respondent, 1/ 2 assumed to be O & M and 1/ 2 assumed to be capital cost) Collection Activity Number of Respondents Reports per Respondent/ Total Hours per Report/ Total Labor Costs in $ Non postage Other Costs in $

7 Only for foreign refiners who use the temporary compliance or other flexibility option ( e. g. small refiner).

23 Attest engagements for foreign refiners7 5 1/ 5 40/ 200 13,500 50,000 Purchased Services ( PS)

( 10,000 per respondent per year)

This page intentionally left blank. 24 TOTALS:

TOTAL NO. OF REPORTS: 37,713 TOTAL BURDEN HOURS: 54,858 TOTAL LABOR COSTS: 3,702,915 TOTAL O& M AND CAPITAL COSTS: 3,600,000 ( 1/ 2 O& M and 1/ 2 CAPITAL)

TOTAL PURCHASED SERVICES COSTS: 50,000 TOTAL OF ALL COSTS = 7,352,915 The above cost estimate represents the maximum cost associated with the information collection for the nonroad diesel rule. It is highly probable that refiners and importers will incorporate the data submission requirements for the nonroad diesel with other established submission forms such as the highway diesel collection. As a result the overall cost could be reduced significantly.

6( c) Estimating Agency Burden and Cost The Agency activities listed in 5( a) are part of an overall gasoline and diesel reporting system ( including reformulated gasoline, conventional gasoline, and diesel). This system is handled by a contractor for $ 218,000 per year, a GS 13 computer specialist for $ 120,000 per year ( including overhead), a GS 13 program analyst for $ 120,000 per year, and the equivalent of a GS 14 program manager for $ 150,000 per year. Annual cost for lease and security of the secure area where the confidential data are stored and analyzed is estimated at $ 30,000. Annual computer cost is estimated at $ 30,000. Thus, the annual estimated cost to the government is $ 668,000. The total annual hours for government employees are 3 full time equivalents ( FTE) x 2080 hours/ FTE = 6,240 hours.

6( d) and ( e) Estimating the Respondent Universe and Total Burden and Costs, and Bottom Line Burden Hours and Costs This was incorporated into 6( a) and ( b). 25 6( f) Reasons for Change in Burden The reporting burden related to diesel fuel has changed as a result of the final rule establishing the low sulfur nonroad equipment diesel fuel requirements.

6( g) Burden Statement There are only two printed forms for this program. These are the same as the company and facility registration forms currently used for the RFG and anti dumping program ( OMB Control Number 2060 0277.) Parties may indicate a diesel registration by simply writing " diesel" at the top of the form( s) if they so wish.

The public reporting burden for this Environmental Protection Agency ( EPA) collection of information is estimated to average one hour per response. This includes time for reviewing instructions and regulations, searching company records, gathering the needed data, and completing, reviewing, copying, and transmitting the collection of information.

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 or requirements; train personnel to be able to response 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 No. OAR 2003 0012, which is available for public viewing at the Air Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is 26 open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room and the Air Docket is ( 202) 566 1744. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. EDOCKET is available for submitting or viewing public comments, accessing the index listing of the contents of the public docket, and accessing those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OAR 2003 0012) and OMB control number ( 2060 0308) in any correspondence.