[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48838-48840]
[FR Doc No: 2011-20065]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP11-2331-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.402: Annual Charge Adjustment to be effective 10/
1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5029.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2332-000.
    Applicants: Southern Natural Gas Company.
    Description: Southern Natural Gas Company submits tariff filing per
154.204: SNG Name Change to be effective 8/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5040.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2333-000.
    Applicants: Kinder Morgan Louisiana Pipeline LLC.
    Description: Kinder Morgan Louisiana Pipeline LLC submits tariff
filing per 154.402: Annual Charge Adjustment Filing to be effective 10/
1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5060.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2334-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.402: Annual Charge Adjustment to be effective 10/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5068.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2335-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: BP K37-6 Amendment to Negotiated Rate Agreement
Filing to be effective 8/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5091.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2336-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Horizon Pipeline Company, L.L.C. submits tariff filing
per 154.402: Annual Charge Adjustment Filing to be effective 10/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5106.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2337-000.
    Applicants: Bobcat Gas Storage.
    Description: Bobcat Gas Storage submits tariff filing per 154.204:
Non-conforming Agreement Filing to be effective 9/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5112.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2338-000.
    Applicants: Bobcat Gas Storage.
    Description: Bobcat Gas Storage submits tariff filing per 154.204:
Revision to FSS Form of Service Agreement to be effective 9/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5113.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2339-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: BP K37-7 Amendment to Negotiated Rate Agreement
Filing to be effective 8/2/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5114.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2340-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Discovery Gas Transmission LLC submits tariff filing
per 154.204: August 1, 2011 Clean-up Filing to be effective 9/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5117.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2341-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Negotiated Rate Filing--Secure Energy to be
effective 8/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5121.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2342-000.
    Applicants: Kinder Morgan Illinois Pipeline LLC.
    Description: Kinder Morgan Illinois Pipeline LLC submits tariff
filing per 154.402: Annual Charge Adjustment Filing to be effective 10/
1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5127.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2343-000.
    Applicants: CenterPoint Energy Gas Transmission Company, LLC.
    Description: CenterPoint Energy Gas Transmission Company, LLC
submits tariff filing per 154.204: CEGT LLC--Negotiated Rate--August
2011--Macquarie to be effective 8/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5151.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2344-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline LLC submits tariff
filing per 154.402: Annual Charge Adjustment Filing to be effective 10/
1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5154.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2345-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Fayetteville Express Pipeline LLC submits tariff
filing per 154.204: FEP BHP NCA Filing to be effective 8/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5161.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2346-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Wyoming Interstate Company, L.L.C. submits tariff
filing per 154.403(d)(2): WIC FL&U Filing effective 9-1-11.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5162.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2347-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Ozark Gas Transmission, L.L.C. submits tariff filing
per 154.204: Receipt and Delivery Pressure Modification to be effective
9/1/2011.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5164.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2348-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Wyoming Interstate Company, L.L.C. Request for Limited
Waiver.
    Filed Date: 08/01/2011.
    Accession Number: 20110801-5221.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Docket Numbers: RP11-2349-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Ozark Gas Transmission, L.L.C. submits tariff filing
per 154.204: Non-conforming Agreements to be effective 9/1/2011.
    Filed Date: 08/02/2011.
    Accession Number: 20110802-5037.
    Comment Date: 5 p.m. Eastern Time on Monday, August 15, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the

FERC Online links at http://www.ferc.gov. To facilitate electronic
service, persons with Internet access who will eFile a document and/or
be listed as a contact for an intervenor must create and validate an
eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 2, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20065 Filed 8-8-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Pages 20132-20133]
[FR Doc No: 2021-07866]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-94-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of Applcation
and Establishing Intervention Deadline

    Take notice that on March 26, 2021, Transcontinental Gas Pipe Line
Company, LLC (Transco), P.O. Box 1396, Houston, Texas 77251, filed in
the above referenced docket an application pursuant to section 7(b) and
7(c) of the Natural Gas Act (NGA) and Parts 157 and 284 of the
Commission's regulations to construct, install, modify, operate and
maintain its Regional Energy Access Expansion (REAE Project), an
expansion of Transco's existing pipeline system that will enable
Transco to provide an additional 829,400 dekatherms per day of firm
transportation service to shippers (Project Shippers), and to abandon
certain compression facilities. Transco estimates that the REAE Project
will cost approximately $950.05 million, all as more fully set forth in
the request which is on file with the Commission and open to public
inspection.
    Specifically, Transco proposes to: (1) Construct 22.3 miles of 30-
inch-diameter pipeline in Luzerne County, Pennsylvania; (2) construct
13.8 miles of 42-inch-diameter pipeline in Monroe County, Pennsylvania;
(3) construct the new 11,107 hp Compressor Station 201 in Gloucester
County, New Jersey; (4) construct an additional 15,800 hp at its
existing Compressor Station 505 in Somerset County, New Jersey; (5)
construct an additional 46,742 hp at its existing Compressor Station
515 in Luzerne County, Pennsylvania; (6) increase the certificated
station compression by 5,000 hp at its existing Compressor Station 195
in York County, Pennsylvania; (7) modify its existing Compressor
Station 200 in Chester County, Pennsylvania; (8) increase the
certificated station compression by 4,100 hp at its existing Compressor
Station 207 in Middlesex County, New Jersey; and (9) additional
modifications to tie-ins, regulators, and delivery meter stations in
Pennsylvania, New Jersey, and Maryland. Transco states that it has
executed binding precedent agreements with the Project Shippers for
100% of the incremental firm transportation service under the REAE
Project.
    Transco's application states that a water quality certificate under
section 401 of the Clean Water Act is required for the project from the
Pennsylvania Department of Environmental Protection. The request for
certification must be submitted to the certifying agency and to the
Commission concurrently. Proof of the certifying agency's receipt date
must be filed no later than five (5) days after the request is
submitted to the certifying agency.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
Nick Baumann, at<PHONE_NUMBER>, P.O. Box 1396, Houston, Texas 77251,
or by email at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: Complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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    \1\ 18 CFR (Code of Federal Regulations) Sec.  157.9.
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Public Participation

    There are two ways to become involved in the Commission's review of
this project: You can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on April 30, 2021.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before April 30, 2021.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number (CP21-94-000) in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP21-94-000).
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    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
---------------------------------------------------------------------------
First Street NE, Washington, DC 20426

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
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    \3\ 18 CFR 385.102(d).
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    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is April 30, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.
    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number (CP21-94-000) in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docsfiling/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below.\6\
Your motion to intervene must reference the Project docket number
(CP21-94-000).

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426

    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
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    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Motions to intervene must be served on the applicant either by mail
or email at: P.O. Box 1396, Houston, Texas 77251, or by email at
<EMAIL_ADDRESS>Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
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    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
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Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docsfiling/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on April 30, 2021.

    Dated: April 9, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-07866 Filed 4-15-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Rules and Regulations]
[Page 72309]
[FR Doc No: 2011-30187]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1050]

Drawbridge Operation Regulations; Chelsea River, Chelsea and East
Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
new Chelsea Street Bridge across the Chelsea River, mile 1.2, between
Chelsea and East Boston, Massachusetts. The recently installed new
vertical lift bridge span will undergo testing for three weeks. This
deviation requires a four hour advance notice for bridge openings
during the lift span test period.

DATES: This deviation is effective from 7 a.m. on November 12, 2011
through 11 a.m. on December 3, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-1050 and are available online
at http://www.regulations.gov, inserting USCG-2011-1050 in the
``Keyword'' and then clicking ``Search''. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. John McDonald, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER><EMAIL_ADDRESS>If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Chelsea Street Bridge, across the
Chelsea River, mile 1.2, between Chelsea and East Boston,
Massachusetts, has a vertical clearance in the closed position of 7
feet above mean high water and 17 feet above mean low water, and 175
feet above mean high water in the full open position. The bridge opens
on signal at all times as required by 33 CFR 117.593.
    The waterway is transited predominantly by commercial operators
delivering petroleum products to facilities located upstream from the
new bridge.
    The lift span at the new bridge will be operated by the contractor,
J.F. White Company, for testing from 7 a.m. on November 12, 2011
through 11 a.m. on December 3, 2011. At least a four hour advance
notice shall be required for bridge openings during the above test
period. Requests to open the bridge may be made by calling J.F. White
Company at<PHONE_NUMBER> or<PHONE_NUMBER> or by VHF FM marine radio
channel 13 and 16.
    The waterway users and upstream oil facilities, were all advised
regarding the four hour advance notice requirement. No objections were
received.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: November 10, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2011-30187 Filed 11-22-11; 8:45 am]
BILLING CODE 9110-04-P


SF-83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Brick and Structural Clay Manufacturing

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Brick and Structural Clay Manufacturing (40 CFR part 63,
subpart JJJJJ) (Renewal)

1(b)  Short Characterization/Abstract

	The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for brick and structural clay manufacturing were proposed on July 22,
2002, (67 FR 47894), and promulgated on May 16, 2003, (68 FR 26690).  A
brick and clay structural manufacturing facility manufactures brick
(including, but not limited to, facers); clay pipe; roof tile; extruded
floors and wall tile; and/or other extruded, dimensional clay products.
Brick and structural clay products (BSCP) manufacturing facilities
typically process raw clay and shale, form the processed materials into
bricks or shapes, and dry and fire the bricks or shapes.  The rule
applies to existing large kilns, i.e., tunnel kilns with design
capacities of 10 tons per hour (tph) or more of fired product at these
facilities.  Each new or reconstructed tunnel kiln is an affected source
regardless of design capacity.  This information is being collected to
assure compliance with 40 CFR part 63, subpart JJJJJ.

In general, all NESHAP standards require initial notifications,
performance tests, notification of compliance status, and periodic
reports by the owners/operators of the affected facilities.  They are
also required to maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative.  These notifications, reports, and records are essential in
determining compliance, and are required of all affected facilities
subject to NESHAP.  A semiannual report of compliance is also required.

Any owner/operator subject to the provisions of this part shall maintain
a file of these measurements, and retain the file for at least five
years following the date of such measurements, maintenance reports, and
records.  All reports are sent to the delegated state or local
authority.  In the event that there is no such delegated authority, the
reports are sent directly to the United States Environmental Protection
Agency (EPA) regional office.

Based on our consultations with industry representatives, there is an
average of 1.5 affected facilities at each plant site and that each
plant site has only one respondent (i.e., the owner/operator of the
plant site).

An average of 72 respondents will be subject to the regulation over the
period covered by this ICR, and it is estimated that one additional
respondent per year will also become subject to the standard.

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

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended,
to establish standards of performance for each category or subcategory
of major sources and area sources of hazardous air pollutants.  These
standards are applicable to new or existing sources of hazardous air
pollutants and shall require the maximum degree of emission reduction.
In addition, section 114(a) states that the Administrator may require
any owner/operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C)
install, use, and maintain such monitoring equipment, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures or methods, at such locations, at such intervals, during
such periods, and in such manner as the Administrator shall prescribe);
(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3); and (G) provide such other information as the
Administrator may reasonably require.

In the Administrator's judgment, hazardous air pollutants (HAP)
emissions from BSCP manufacturing facilities cause or contribute to air
pollution that may reasonably be anticipated to endanger public health
or welfare.  Therefore, the NESHAP were promulgated for this source
category at 40 CFR part 63, subpart JJJJJ.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which where promulgated in
accordance with the Clean Air Act.  The collected information is also
used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected
facility(s initial capability to comply with the emission standard.
Continuous emission monitors are used to ensure compliance with the
standard at all times.  During the performance test, a record of the
operating parameters under which compliance was achieved may be recorded
and used to determine compliance in place of a continuous emission
monitor.

	The notifications required in the standard are used to inform the
Agency or delegated authority when a source becomes subject to the
requirements of the regulations.  The reviewing authority may then
inspect the source to check if the pollution control devices are
properly installed and operated, that leaks are being detected and
repaired, and that the standards are being met.  The performance test
may also be observed.

	The required semiannual reports are used to determine periods of excess
emissions, identify problems at the facility, verify
operation/maintenance procedures and for compliance determinations.

3.  Nonduplication, Consultations, and Other Collection Criteria

	The requested recordkeeping and reporting are required under 40 CFR
part 63, subpart JJJJJ.

	3(a)  Nonduplication

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

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

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (70 FR 24020) on May 6, 2005.  No
comments were received on the burden published in the Federal Register.

	3(c)  Consultations

	Consultation with an industry representative (i.e., respondent) was
conducted to determine if there is anyway for EPA to reduce the
recordkeeping and reporting burden or improve the language in the
standard to make it easier to comply.  Our contact was Mr. Joe Casper
from the Brick Industry Association (BIA), at<PHONE_NUMBER>.

	We also referenced the most recent ICR, consulted with the preparer of
the active ICR, and used other resources to obtain the most recent data
available.  We reviewed information available from the United States
Census Bureau, the AIRS Facility Subsystem (AFS), which is the primary
source of information regarding the number of existing sources, and
websites covering brick and structural clay manufacturing.  We also
consulted with EPA's Office of Air Quality Planning and Standards,
Information Transfer and Program Integration Division.

3(d)  Effects of Less Frequent Collection

	Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards.
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and that emission limitations are met.  If the information
required by these standards was collected less frequently, the
likelihood of detecting poor operation and maintenance of control
equipment and noncompliance would decrease.

	3(e)  General Guidelines

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

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

	3(f)  Confidentiality

	Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, part 2, subpart B -
Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR
42251, September 20, 1978; 44 FR 17674, March 23, 1979).

	3(g)  Sensitive Questions

	None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are
brick and structural clay manufacturing.  The United States Standard
Industrial Classification (SIC) codes for the respondents affected by
the standards, which corresponds to the North American Industry
Classification System (NAICS) codes, are listed below for source
category descriptions.

Standard (40 CFR Part 63, Subpart JJJJJ)	SIC Codes	NAICS Codes

Brick and Structural Clay Tile Manufacturing	3251	327121

Ceramic Wall and Floor Tile Manufacturing	3253	327122

Other Structural Clay Product Manufacturing	3259	327123

	4(b)  Information Requested

	These reporting or recordkeeping requirements do not violate any of the
regulations that OMB established under 5 CFR part 1320, section 1320.5.

		(i)  Data Items

All data in this ICR that are recorded and/or reported are required by
NESHAP for Brick and Structural Clay Manufacturing (40 CFR part 63,
subpart JJJJJ).

	A source must make the following reports:

Notifications	Standard Citation by Sections

Initial notification (including construction/reconstruction)	63.5(b),
63.9(b), 63.8480(a)-(c)

Notification of performance test	63.7(b)-(c), 63.9(e), 63.8480(d)

Notification of compliance status	63.9(h), 63.10(d)(2), 63.8480(e)

Request for routine control device maintenance exemption	63.8480(f)

Request for extension of compliance date	63.9(c), 63.4283

First compliance report	63.10(e)(3), 63.8485(b)-(f)

Semiannual reports of no deviations	63.10(e)(3), 63.8485 (c)(6)-(7)

Semiannual report of deviations	63.10(e)(3), 63.8485(d)(e)

Startup, shutdown, malfunction (SSM) report	63.10(d)(5), 63.8485(c)(4)

	A source must make the following reports:

Recordkeeping

Records supporting initial and compliance status notifications
63.10(b)(2)(xiv), 63.8490(a)(1)

Records of performance tests	63.10(b)(2)(viii), 63.8490(a)(3)

Record of startup, shutdown, and malfunctions	63.6(e)(3)(iii)-(iv),
63.8490(a)(2)

Records for each continuous monitoring system (CMS), production records,
and bag leak detection system records	63.8(d)(3), 63.8(f)(6)(i),
63.8(g), 63.10(b)(2)(vi)-(xi), 63.8490(b)-(c)

Records of SSM and operation, maintenance, and monitoring (OM&M) plans
63.6(e)(3), 63.8490(c)(6)

Records are required to be retained for five years	63.10(b)(1), 63.8495

Electronic Reporting

	At the present, respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the
affected facility must evaluate the data, this internal automation has
significantly reduced the burden associated with monitoring and
recordkeeping at the plant site.

	Also, regulatory agencies in cooperation with the respondents continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
it is estimated that approximately 10 percent of the respondents use
electronic reporting.

		(ii)  Respondent Activities

 Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS for opacity.

Perform initial performance test, Reference Method 5, and 26A tests, and
repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded.

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

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

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

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

Transmit, or otherwise disclose the information.

	Currently, sources are using automated monitoring equipment that
provides parameter data.  Although personnel at the sources need to
evaluate the data, this type of monitoring equipment has significantly
reduced the burden associated with monitoring and recordkeeping.

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

	5(a)  Agency Activities

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

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

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

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

	5(b)  Collection Methodology and Management

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

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

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

	5(c)  Small Entity Flexibility

	A majority of the respondents are large entities (i.e., large
businesses).  However, the impact on small entities (i.e., small
businesses) was taken into consideration during the development of the
regulation.  Due to technical considerations involving the process
operations and the types of control equipment employed, the
recordkeeping and reporting requirements are the same for both small and
large entities.  The Agency considers these requirements the minimum
needed to ensure compliance and, therefore, cannot reduce them further
for small entities.  To the extent that larger businesses can use
economies of scale to reduce their burden, the overall burden will be
reduced.

	5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden for NESHAP for
Brick and Structural Clay Manufacturing (40 CFR part 63, subpart JJJJJ).

6.  Estimating the Burden and Cost of the Collection

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

The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

	6(a)  Estimating Respondent Burden

	The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be 14,086
(Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of this
regulation, Agency knowledge and experience with the NESHAP program, the
previously approved ICR, and any comments received.

	6(b)  Estimating Respondent Costs

		(i)  Estimating Labor Costs

	This ICR uses the following labor rates:

		Managerial	$97.46   ($46.41 + 110%)

		Technical	$83.71   ($39.86 + 110%)

		Clerical	$42.55   ($20.26 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, March 19, 2005, “Table 2. Civilian Workers, by
occupational and industry group.”  The rates are from column 1,
“Total compensation.”  The rates have been increased by 110 percent
to account for the benefit packages available to those employed by
private industry.

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

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

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

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

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents 1	(D)

Total Capital/Startup Cost,

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M 1	(G)

Total O&M,

(E X F)

Parametric monitoring 	$10,000	1	$10,000	$66	72	$4,752

   1   During the fourth year of this ICR, all existing facilities are
required to be in full compliance with the standard.

The total capital/startup costs for this ICR are $10,000.  This is the
total of column D in the above table.  These costs are shown on the OMB
83-I form in block 14(a), Total annualized capital/startup costs.

The total operation and maintenance (O&M) costs for this ICR are $4,752.
 This is the total of column G.  These costs are shown on the OMB 83-I
form in block 14(b), Total annual costs (O&M).

The total respondent costs in block 14 have been calculated as the
addition of the capital/startup costs, and the annual operation and
maintenance costs.  The average annual cost for capital/startup and
operation and maintenance costs to industry over the next three years of
the ICR is estimated to be $15,000 (rounded).  This cost is shown on the
OMB 83-I form in Block 14(c), Total annualized cost requested.  The
numbers in block 14 of the OMB 83-1 form are rounded to show the cost in
thousands of dollars.

	6(c)  Estimating Agency Burden and Cost

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

	The average annual Agency cost during the three years of the ICR is
estimated to be $18,658.  This cost is based on the average hourly labor
rate as follows:

		Managerial	$56.02   (GS-13, Step 5, $35.01 x 1.6)

		Technical	$41.57   (GS-12, Step 1, $25.98 x 1.6)

		Clerical	$22.50   (GS-6, Step 3, $14.06 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2005
General Schedule” which excludes locality rates of pay.  Details upon
which this estimate is based appear in Table 2: Average Annual EPA
Burden, NESHAP for Brick and Structural Clay Manufacturing (40 CFR part
63, subpart JJJJJ.

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

	Based on our research for this ICR, on average over the next three
years, approximately 72 existing respondents will be subject to the
standard.  It is estimated that one additional respondent per year will
become subject.  The overall average number of respondents, as shown in
the table below is 72 per year.

	The number of respondents is calculated using the following table which
addresses the three years covered by this ICR.

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any
Reports

	Year	(A)

Number of New Respondents	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records but Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	1	70	0	0	71

2	1	71	0	0	72

3	1	72	0	0	73

Average	1	71	0	0	72

	To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 72.  This number appears on the OMB 83-I form in block
13(a), Number of respondents.

	The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

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

Total Annual Responses

E=(BxC)+D

Initial notification of applicability	1	1	0	1

Application of construction/reconstruction	1	1	0	1

Notification of anticipated startup	1	1	0	1

Notification of actual startup	1	1	0	1

Request air pollution control device maintenance exemption	1	1	0	1

Notification of performance test	1	1	0	1

Report of performance test	1	0.1	0	0.1

Notification of compliance status	1	1	0	1

Compliance report	1	1	0	1

Report of deviations	10.8	2	0	21.6

Report of no deviations	61.2	2	0	122.4

Startup, shutdown, malfunction report	7.2	2	0	14.4

	Total	166

	The number of Total Annual Responses is 166.  This number is shown on
the OMB 83-I form in block 13(b), Total annual responses.

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

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

		(i) Respondent Tally

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).
 The total annual labor costs are $1,110,915.  The annual labor costs
are not shown on the OMB 83-I form.  Details regarding these estimates
may be found in Table 1. Annual Respondent Burden and Cost, NESHAP for
Brick and Structural Clay Manufacturing (40 CFR part 63, subpart JJJJJ).
 Furthermore, the annual public reporting and recordkeeping burden for
this collection of information is estimated to average 85 hours per
response.

The total annual capital/startup and O&M costs to the regulated entity
are $15,000 (rounded).  This number is shown on the OMB 83-I form in
block 14(c), Total annualized cost requested.  The cost calculations are
detailed in Section 6(b)(iii), Capital/Startup vs. Operation and
Maintenance (O&M) Costs.

		(ii) The Agency Tally

	The average annual Agency burden and cost over next three years is
estimated to be 460 labor hours at a cost of $18,658.  See Table 2.
Annual Agency Burden and Cost, NESHAP for Brick and Structural Clay
Manufacturing (40 CFR part 63, subpart JJJJJ).

	6(f)  Reasons for Change in Burden

	The decrease in burden hours from the most recently approved ICR is due
to the requirements of the standard that states all existing facilities
must be in full compliance three years after promulgation, which would
be the fourth year or the first years of this renewal ICR.  All existing
sources, along with the additional new sources would be fulfilling the
applicable standards thus, justifying the decrease in respondent’s
burden as compared to the active ICR.

	There is a decrease in the number of sources from the previous ICR.  We
have found through our research that a number of facilities/units have
curtailed production to a level that resulted in their not being
regulated under the MACT standards any longer.

	There is a decrease in the capital/startup and operations and
maintenance (O&M) costs from the previous ICR.  The reason for this
decrease is also due to the fact that during the fourth year of this
ICR, all existing facilities are required to be in full compliance with
the standards, thus reflecting the decrease incurred in this renewal
ICR.

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 85 hours per response.
 Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

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

	To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
 EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2005-0021, which is available for online viewing at
www.regulations.gov,  or in person viewing at the Enforcement and
Compliance  Docket and  Information Center in the EPA Docket Center
(EPA/DC),  EPA West, Room B102, 1301 Constitution Avenue, 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<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket and
Information Center is<PHONE_NUMBER>.  An electronic version of the
public docket is available through EPA Dockets www.regulations.gov.
This site can be used to submit or view public comments, access the
index listing of the contents of the public docket and to access those
documents in the public docket that are available electronically.  When
in the system, select “search,” then key in the Docket ID number
identified above.  You can also send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725
17th Street, NW, Washington, DC 20503, Attention Desk Officer for EPA.
Please include the EPA Docket Number: EPA-HQ OECA-2005-0021, and OMB
Control Number 2060-0508 in any correspondence.

Part B of the Supporting Statement

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

Table 1:  Annual Respondent Burden and Cost – NESHAP for Brick and
Structural Clay Manufacturing (40 CFR Part 63, Subpart JJJJJ)

Burden item

(A)

Person-

hours per

occurrence

(B)

No.  of

occurrences

per respondent

per year

(C)

Person-

hours per

respondent

per year

(C=AxB)

(D)

Respondents

per year  a

(E)

Technical

person-

hours per

year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

person-

hours per year

(Ex0.1)

(H)

Cost, $  b

1.  Applications	N/A

	2.  Survey and Studies	N/A

	3.  Reporting Requirements

   A.  Read instructions 	0.5	1	0.5	72	36	1.8	3.6	$3,342.17

   B.  Required activities

       Develop startup, shutdown,                        malfunction
plan c, d	100	1	100	1	100	5	10	$9,283.80

       Develop operation, maintenance, and         monitoring plan c, d
100	1	100	1	100	5	10	$9,283.80

   C.  Create information	See 3B

	   D.  Gather existing information	See 3B

	   E.  Write report

       Initial notification of applicability c, e	2	1	2	1	2	0.1	0.2
$185.68

       Notification of construction/
reconstruction c, e	2	1	2	1	2	0.1	0.2	$185.68

       Notification of anticipated startup c, e 	2	1	2	1	2	0.1	0.2
$185.68

       Notification of actual startup c, e 	2	1	2	1	2	0.1	0.2	$185.68

       Request air pollution control device           maintenance
exemption c, e	2	1	2	1	2	0.1	0.2	$185.68

       Notification of performance test f	2	1	2	1	2	0.1	0.2	$185.68

       Notification of report of performance         test	2	0.1	0.2	1
0.2	0.01	0.02	$18.56

       Notification of compliance status f	16	1	16	1	16	0.8	1.6
$1,485.41

       First compliance report f	16	1	16	1	16	0.8	1.6	$1,485.41

       Report of deviations f, g,                            	20	2	40
10.8	432	21.6	43.2	$40,106.02

       Report of no deviations f, h, j	8	2	16	61.2	979.2	48.96	97.92
$90,906.97

       Startup, shutdown, malfunction f, i, j     	20	2	40	7.2	288	14.4
28.8	$26,737.34

4.  Recordkeeping requirements

   A. Read instructions 	4	1	4	72	288	14.4	28.8	$26,737.34

   B. Plan activities

       Prepare for initial performance test f, 	24	1	24	24	576	28.8	57.6
$53,474.69

       Prepare for repeat performance

       test f, i,  k	24	1	24	2.4	57.6	2.88	5.76	$5,347.57

   C.  Implement activities

       Initial performance test f	24	2.5	60	24	1,440	72	144	$133,686.72

       Repeat performance test f, 	24	2.5	60	2.4	144	7.2	14.4	$13,368.67

   D.  Develop record system	See 4E

   E.  Time to enter information

       Records of all information required            by standards l	2
52	104	72	7,488	374.4	748.8	$695,170.94

   F.  Time to train personnel m	40	6	240	1	240	12	24	$22,761.12

  G.  Time to adjust existing ways to                   comply with
previously applicable             requirements	N/A

	  H. Time to transmit or disclose                        information n
0.25	2	0.5	72	36	1.8	3.6	$3,342.17

   I. Time for audits 	N/A

	Subtotals Labor Burden and cost

	12,249	612.45	1,224.9	$1,110,915.35

TOTAL LABOR BURDEN AND COST (rounded)

	14,086	$1,110,915

Assumptions:

a  We have assumed that the average number of respondents that will be
subject to the rule will be 72.  There will be one additional new source
per year that will become subject to the rule per year.

b  This ICR uses the following labor rates: $97.46 per hour for
Executive, Administrative, and Managerial labor; $83.71 per hour for
Technical labor, and $42.55 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, March 19, 2005, (Table 2. Civilian Workers, by occupational

and industry group.(  The rates are from column 1, (Total compensation.(
 The rates have been increased by 110% to account for the benefit
packages available to those employed by private industry.

c  This is a one-time only activity.

d  We have assumed that it will take 100 hours for each respondent to
complete the required activity.

e  We have assumed that each respondent will take two hours each to
write report.

f  During the fourth year of this renewal ICR, all existing facilities
are required to be in full compliance with the standard.

g  We have assumed that 15 percent of respondent will report deviations.

h  We have assumed that 85 percent of respondents will report deviation.

i  We have assumed that 10 percent of respondents will file a startup,
shutdown, malfunction report.

j   Semiannual reports are required.

k  We have assumed that 10 percent of respondents will have to repeat
the performance test.

l  It is assumed that all of the respondents will be required to record
information on a weekly basis.

m  It is assumed that it will take 40 hours to train each personnel.

n  It is assumed that respondents will be required to transmit/disclose
information on a semiannual basis.

Table 2:  Average Annual EPA Burden - NESHAP for Brick and Structural
Clay Manufacturing (40 CFR Part 63, Subpart JJJJJ)

	Activity

(A)

EPA person-

hours per

occurrence

(B)

No. of

occurrences

per plant

 per year

(C)

EPA person

hours per

plant  per year

(C=AxB)

(D)

Plants per year  a

(E)

Technical

person-hours

per year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

person-

hours per year

(Ex0.1)

(H)

Cost, $ b

1.   Attend Initial performance test 	24	1	24	0	0	0	0	$0

2.   Attend repeat performance

         Retesting preparation	8	1	8	0	0	0	0	$0

         Retesting	24	1	24	0	0	0	0	$0

3.  Report review

        Initial notification of applicability	2	1	2	1	2	0.1	0.2	$93.24

        Notification of  construction/ c                reconstruction	2
1	2	1	2	0.1	0.2	$93.24

        Notification of anticipated startup c	2	1	2	1	2	0.1	0.2	$93.24

        Notification of actual startup c	2	1	2	1	2	0.1	0.2	$93.24

        Request for APCD maintenance c           exemption	2	1	2	1	2	0.1
0.2	$93.24

        Notification of performance test d	2	1	2	1	2	0.1	0.2	$93.24

        Notification of report of                          performance
tests	2	0.1	0.2	1	0.2	0.01	0.02	$9.32

        Notification of compliance status d	60	1	60	1	60	3	6	$2,797.26

        Repeat performance test report d, e	40	1	40	0.1	4	0.2	0.4
$186.48

        First compliance report	8	1	8	0	0	0	0	$0

        Semiannual compliance reports

             Deviation reports f, g	8	2	16	10.8	172.8	8.64	17.28
$8,056.11

             No deviation reports f	2	2	2	61.2	122.4	6.12	12.24
$5,706.41

       Review of startup, shutdown, f, h             malfunction reports
2	2	4	7.2	28.8	1.44	2.88	$1,342.69

Subtotals Labor Burden and cost

	400.2	20.01	40.02	$18,657.71

TOTAL ANNUAL BURDEN AND COST (rounded)

	460	$18,658

Assumptions:

    a  We have assumed that the average number of respondents that will
be subject to the rule will be 72.  There will be one additional new
source per year that will become        subject to the rule per year.

b  This cost is based on the following labor rates which incorporates a
1.6 benefits multiplication factor to account for government overhead
expenses:  Managerial rate of $56.02 (GS-13, Step 5, $35.01 x 1.6),
Technical rate of $41.57 (GS-12, Step 1, $25.98 x 1.6), and Clerical
rate of $22.50 (GS-6, Step 3, $14.06 x 1.6).  These rates are from the
Office of Personnel Management (OPM) (2005 General Schedule( which
excludes locality rates of pay.

c  This is a one-time only activity.

    d  During the fourth year of the ICR, all existing facilities are
required to come in full compliance with the standard.

e  We have assumed that 10 percent of respondents will review the repeat
performance test report

f  Semiannual reports are required.

g  We have assumed that 15 percent of respondents will have to review
the deviation report.

h  We have assumed that 10 percent of respondents will be engaged in the
reviewing of  the startup, shutdown, malfunction reports.

 PAGE   12

 PAGE   11


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 39998-40000]
[FR Doc No: 2013-16043]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0547]
RIN 1625-AA00

Safety Zone; Grand Haven 4th of July Fireworks; Grand River;
Grand Haven, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Grand River in Grand Haven, Michigan. This safety zone is intended to
restrict vessels from a portion of the Grand River due to a fireworks
display. This temporary safety zone is necessary to protect the
surrounding public and vessels from the hazards associated with the
fireworks display.

DATES: This rule is effective from 9:30 p.m. until 11:30 p.m. on July
4, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0547. To view documents mentioned in this preamble as being
available in the docket, go to 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 rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
CFR Code of Federal Regulations

A. Regulatory History and Information

    This annual fireworks display is codified in 33 CFR 165.929(a)(19).
However, the Coast Guard was informed by the event organizer that this
year's fireworks will be shot from a different location than what is
shown in 33 CFR 165.929(a)(19). This temporary final rule reflects the
new launch site for this year's event.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because it is impracticable. The final details for this event were not
known to the Coast Guard until there was insufficient time remaining
before the event to publish an NPRM. Thus, delaying the effective date
of this rule to wait for a comment period to run would be both
impracticable because it would inhibit the Coast Guard's ability to
protect spectators and vessels from the hazards associated with a
maritime fireworks display, which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    On July 4, 2013, the City of Grand Haven will host a fireworks
display. Fireworks will be launched from a position on the west bank of
the Grand River in Grand Haven, Michigan. The Coast Guard, after
speaking with the event organizer, anticipates that a large number of
spectator vessels will be present in the Grand River on the night of
the display. As such, the Captain of the Port, Lake Michigan, has
determined that this fireworks display will pose a significant risk to
public safety and property. Such hazards include falling debris,
flaming debris, and collisions among spectator vessels.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of spectators and vessels during the
fireworks display in Grand Haven, Michigan. This rule is effective and
will be enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2013. The
safety zone will encompass all waters of the Grand River within the arc
of a circle with an 800 foot radius with a center in position 43[deg]3'
55.7'' N and 86[deg]14' 13.8'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and

does not require an assessment of potential costs and benefits under
section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
small and enforced for only two hours on a single day in July. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which might be small entities: The owners or operators of
vessels intending to transit or anchor in a portion of the Grand River
on July 4, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons noted in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0547 to read as follows:

Sec.  165.T09-0547  Safety Zone; Grand Haven 4th of July fireworks;
Grand River, Grand Haven, MI.

    (a) Location. All waters of the Grand River within the arc of a
circle with an 800 foot radius with a center in position 43[deg] 3'
55.7'' N and 86[deg] 14' 13.8'' W (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective and
will be enforced from 9:30 p.m. until 11:30 p.m. on July 4, 2013.
    (c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Lake Michigan or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or his on-scene representative may be contacted via
VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port, Lake Michigan, or his on-scene representative.

    Dated: June 21, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-16043 Filed 7-2-13; 8:45 am]
BILLING CODE 9110-04-P


P-19-0099 Sanitized Support Documents Index:
 P-19-0099 Sanitized Determination Document (linked)
 P-19-0099 Sanitized CHEM Report (attached)
 P-19-0099 Sanitized ECO Report (attached)
 P-19-0099 Sanitized ENG Report (attached)
 P-19-0099 Sanitized EXP Report (attached)
 P-19-0099 Sanitized Fate Report (attached)
 P-19-0099 Sanitized HLTH Report_POST-FOCUS FINAL (attached)