Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life.  I had been a smoker for over 35 years and typically used more than a pack per day.  I am a hardware test engineer doing a lot of research and development and did a fair amount of due diligence regarding this technology before starting its use.  It has been nearly 4 years since I started using electronic cigarettes and after committing to this technology, I have not had nor craved a real cigarette since.  I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Page 36915]
[FR Doc No: 2019-16121]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP19-1391-000.
    Applicants: LLOG Bluewater Holdings, LLC, LLOG Exploration
Offshore, L.L.C., Murphy Exploration & Production Company.
    Description: Joint Petition for Limited Waiver, et al. of LLOG
Bluewater Holdings, LLC, et al.
    Filed Date: 7/22/19.
    Accession Number: 20190722-5049.
    Comments Due: 5 p.m. ET 7/29/19.

    Docket Numbers: RP19-1392-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: 2019 Cash Out Report of Dauphin Island Gathering
Partners.
    Filed Date: 7/22/19.
    Accession Number: 20190722-5086.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: RP19-1393-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: NWP Non-Conforming Filing--
Intermountain, Puget, Southwest Gas to be effective 8/30/2019.
    Filed Date: 7/23/19.
    Accession Number: 20190723-5046.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: RP19-1394-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Amendment to Neg Rate Agmts
(JERA 46435) to be effective 7/23/2019.
    Filed Date: 7/23/19.
    Accession Number: 20190723-5090.
    Comments Due: 5 p.m. ET 8/5/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 24, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-16121 Filed 7-29-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Rules and Regulations]
[Pages 26846-26847]
[FR Doc No: 2020-09479]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0598; Airspace Docket No. 19-ASO-16]
RIN 2120-AA66

Amendment of the Class D and Class E Airspace; Meridian, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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

SUMMARY: This action corrects a final rule published in the Federal
Register on January 30, 2020, amending the Class D airspace at Joe
Williams NOLF, Meridian, MS; Key Field, Meridian, MS; and NAS Meridian/
McCain Field, Meridian, MS; the Class E airspace area designated as an
extension to Class D airspace at Key Field; and the Class E airspace
extending upward from 700 feet above the surface at Key Field, Joe
Williams NOLF, and NAS Meridian/McCain Field. A cardinal direction was
inadvertently omitted from the Class E airspace extending upward from
700 feet above the surface at Key Field. This action corrects that
omission.

DATES: Effective date 0901 UTC, May 21, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (85 FR 5316;
January 20, 2020) for FR Doc. 2020-01568 amending the Class D airspace
at Joe Williams NOLF, Meridian, MS; Key Field, Meridian, MS; and NAS
Meridian/McCain Field, Meridian, MS; the Class E airspace area
designated as an extension to Class D airspace at Key Field; and the
Class E airspace extending upward from 700 feet above the surface at
Key Field, Joe Williams NOLF, and NAS Meridian/McCain Field. Subsequent
to publication, the FAA identified that a cardinal direction was
inadvertently omitted from the Class E airspace extending upward from
700 feet above the surface at Key Field. This action corrects that
error.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be subsequently
published in the Order.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, Amendment
of the Class D and Class E Airspace; Meridian, MS, published in the
Federal Register of January 30, 2020 (85 FR 5318), FR Doc. 2019-01568,
is corrected as follows:

Sec.  71.1  [Amended]

0
On page 5318, column 3, line 12, amend to read, ``. . . miles east of
the 009[deg]. . .''

    Issued in Fort Worth, Texas, on April 27, 2020.
Steven Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-09479 Filed 5-5-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Notices]
[Pages 42242-42243]
[FR Doc No: 2022-14983]

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SECURITIES AND EXCHANGE COMMISSION

[Securities Exchange Act of 1934: Release No. 34-95235/July 8, 2022]

In the Matter of the: Order Granting Temporary Conditional
Exemptive Relief Pursuant to Section 36 of the Securities Exchange Act
of 1934 (``Exchange Act'') and Rule 608(e) of Regulation NMS Under the
Exchange Act, Relating to Certain Requirements of the National Market
System Plan Governing the Consolidated Audit Trail; In the Matter of
the: Order Granting Temporary Conditional Exemptive Relief Pursuant to
Section 36 of the Exchange Act and Rule 608(e) of Regulation NMS Under
the Exchange Act, From Section 8.1.1 and Section 8.1.2 of Appendix D of
the National Market System Plan Governing the Consolidated Audit Trail;
Order Denying Stay

    On December 16, 2020, the Commission issued two orders pursuant to
Section 36 of the Exchange Act and Rule 608(e) of Regulation NMS under
the Exchange Act: (1) an Order Granting Temporary Conditional Exemptive
Relief Pursuant to Section 36 of the Exchange Act and Rule 608(e) of
Regulation NMS Under the Exchange Act Relating to Certain Requirements
of the National Market System Plan Governing the Consolidated Audit
Trail, Release No. 34-90688 (Dec. 16, 2020) (the ``First Order''); and
(2) an Order Granting Temporary Conditional Exemptive Relief Pursuant
to Section 36 of the Exchange Act and Rule 608(e) of Regulation NMS
Under the Exchange Act From Section 8.1.1 and Section 8.1.2 of Appendix
D of the National Market System Plan Governing the Consolidated Audit
Trail, Release No. 34-90689 (Dec. 16, 2020) (the ``Second Order'')
(together, the ``prior Orders''). On February 14, 2021, Petitioner
Consolidated Audit Trail, LLC (``Petitioner'' or ``CAT LLC''), on
behalf of itself and a majority of the Participants in the National
Market System Plan Governing the Consolidated Audit Trail (``CAT NMS
Plan'' or ``Plan'') (together, ``Petitioners'') \1\ filed with the
Commission the pending motions for partial stays of the prior Orders.
That same day, Petitioners \2\ filed petitions in the U.S. Court of
Appeals for the District of Columbia Circuit seeking review of the
Orders. See Case Nos. 21-1065, 21-1066. Petitioners sought a partial
stay of the prior Orders until the Commission ``had an opportunity to
consider all the Participants' arguments and supporting evidence'' and
``reevaluate whether the Order[s] [are] appropriate in light of that
information,'' or, in the alternative, pending resolution of the
petitions for judicial review. Since that time, the Participants and
Commission staff have been engaged in ongoing discussions with the goal
of resolving or narrowing their differences with respect to the issues
raised in the Participants' stay motions. On January 12, 2022, the
Participants requested that the Commission supplement the record to
include certain additional materials prepared in connection with those
discussions.\3\
---------------------------------------------------------------------------

    \1\ The Participants joining the motion include BOX Exchange
LLC; Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA
Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe C2 Exchange, Inc. and
Cboe Exchange, Inc.; Investors Exchange LLC; MEMX LLC; Miami
International Securities Exchange LLC, MIAX Emerald, LLC, MIAX
PEARL, LLC; NASDAQ BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC,
Nasdaq MRX, LLC, NASDAQ PHLX LLC, The NASDAQ Stock Market LLC; and
New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc.,
NYSE Chicago, Inc., and NYSE National, Inc. Participants FINRA and
Long-Term Stock Exchange, Inc. did not approve the stay motions.
    \2\ The following Participants joined in the stay motions but
did not approve the filing of a petition for judicial review:
Investors Exchange LLC, MEMX LLC, Miami International Securities
Exchange LLC, MIAX Emerald, LLC, and MIAX PEARL, LLC. Participants
FINRA and Long-Term Stock Exchange, Inc. did not approve the stay
motions or the filing of a petition for judicial review.
    \3\ See Letter from K. King, Counsel for Consolidated Audit
Trail, LLC, Covington & Burling LLP, to Vanessa Countryman,
Secretary, Commission (January 12, 2022).
---------------------------------------------------------------------------

    On July 8, 2022, after careful review of the arguments and evidence
proffered by the Participants, the Commission issued an Order Granting
Temporary Conditional Exemptive Relief, Pursuant to Section 36 of the
Exchange Act and Rule 608(e) of Regulation NMS under the Exchange Act,
from Certain Requirements of the National Market System Plan Governing
the Consolidated Audit Trail (the ``Third Order''), which supersedes
the prior Orders. The Third Order clarifies certain aspects of the
prior Orders and modifies

other aspects of the prior Orders in light of subsequent developments
and/or additional information provided by the Participants. It also
gives the Participants until July 31, 2024 to either come into
compliance with the relevant provisions of the CAT NMS Plan or to
develop alternative solutions that achieve the regulatory goals of Rule
613 and the CAT NMS Plan in a more cost-effective manner. Because the
terms of the Third Order now govern, the terms of the prior Orders are
no longer in force, and the pending motions are moot.\4\
---------------------------------------------------------------------------

    \4\ On February 14, 2021, the Participants also filed a motion
for a protective order shielding from public disclosure certain
documents submitted in connection with their stay motions as well as
portions of the motions that refer to those documents, pursuant to
SEC Rule of Practice 322. Finding that the harm resulting from
disclosure of that material would outweigh the benefits of
disclosure, we grant the motion for a protective order.
---------------------------------------------------------------------------

    Accordingly, it is ordered that the motions for a stay of the prior
Orders be denied as moot.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14983 Filed 7-13-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Page 44138]
[FR Doc No: 2022-15872]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4644-DR; Docket ID FEMA-2022-0001]

Virginia; Amendment No. 1 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 Commonwealth of Virginia (FEMA-4644-DR), dated March 11, 2022,
and related determinations.

DATES: This change occurred on July 1, 2022.

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 Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Catharine O.
Fan, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Gerard M. Stolar as
Federal Coordinating Officer for this disaster.

    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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-15872 Filed 7-22-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Rules and Regulations]
[Pages 22463-22464]
[FR Doc No: 2022-08028]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0870; EPA-HQ-OAR-2021-0663; FRL-9468-02-R7]

Air Plan Approval; Iowa; 2015 Ozone NAAQS Interstate Transport
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Iowa as
meeting the Clean Air Act (CAA) requirement that each State's SIP
contain adequate provisions to prohibit emissions that will
significantly contribute to nonattainment or interfere with maintenance
of the 2015 8-hour ozone national ambient air quality standards (NAAQS)
in any other state. This action is being taken in accordance with the
CAA.

DATES: This final rule is effective on May 16, 2022.

ADDRESSES: The EPA has established dockets for this action under Docket
ID No. EPA-R07-OAR-2021-0870 with additional supporting documentation
included in Docket ID No. EPA-HQ-OAR-2021-0663. All documents in the
dockets are listed on the https://www.regulations.gov website. Although
listed in the index, some information is not publicly available, i.e.,
confidential business information (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 through https://www.regulations.gov or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.

FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7714; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 22, 2022, EPA published a notice of proposed rulemaking
(NPRM) for the State of Iowa. See 87 FR 9477. The NPRM proposed
approval of an Iowa SIP revision that addresses the CAA requirement
prohibiting emissions from the State that significantly contribute to
nonattainment or interfere with maintenance of the 2015 8-hour ozone
NAAQS in other states. See CAA section 110(a)(2)(D)(i)(I) (the ``good
neighbor provision''). The SIP revision was submitted to EPA by Iowa on
November 30, 2018. The rationale for EPA's proposed action is given in
the NPRM and will not be repeated here.
    The EPA solicited comments on the proposed revision to Iowa's SIP
and received no comments.

II. Final Action

    EPA is approving an Iowa SIP revision, which was submitted on
November 30, 2018. This submission is approved as meeting CAA section
110(a)(2)(D)(i)(I) requirements that Iowa's SIP includes adequate
provisions prohibiting any source or other type of emissions activity
within the State from emitting any air pollutant in amounts that will
contribute significantly to nonattainment or interfere with maintenance
of the 2015 ozone NAAQS in any other state.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
     In addition, the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
     This action is subject to the Congressional Review Act,
and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
     Under section 307(b)(1) of the CAA, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by June 14, 2022. Filing a petition
for reconsideration by the Administrator of this final rule does not
affect the finality of this action for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 11, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart Q--Iowa

0
2. In Sec.  52.820, the table in paragraph (e) is amended by adding the
entry ``(55)'' in numerical order to read as follows:

Sec.  52.820   Identification of plan.

* * * * *
    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
  Name of non  regulatory SIP       geographic or         State
           provision                nonattainment       submittal     EPA approval date        Explanation
                                        area              date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(55) Transport SIP for the 2015  Statewide.........      11/30/2018  April 15, 2022,     [EPA-R07-OAR-2021-0870;
 Ozone Standard.                                                      [insert Federal     EPA-HQ-OAR-2021-0663;
                                                                      Register            FRL-9468-02-R7]. This
                                                                      citation].          transport SIP shows
                                                                                that Iowa does not
                                                                                significantly
                                                                                contribute to ozone
                                                                                nonattainment or
                                                                                maintenance in any
                                                                                other state. This
                                                                                submittal is approved
                                                                                as meeting the
                                                                                requirements of Clean
                                                                                Air Act section
                                                                                110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-08028 Filed 4-14-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Proposed Rules]
[Pages 28338-28340]
[FR Doc No: 2012-11639]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0208; FRL-9672-2]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonably Available Control Technology for the 1997 8-Hour
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Maryland. This revision pertains to
the requirements for meeting reasonably available control technology
(RACT) for the 1997 8-hour ozone national ambient air quality standard
(NAAQS). These requirements are based on: A certification that
previously adopted RACT controls in Maryland's SIP, that were approved
by EPA under the 1-hour ozone NAAQS, are based on the currently
available technically and economically feasible controls, and that they
continue to represent RACT for the 1997 8-hour ozone NAAQS
implementation purposes; a negative declaration demonstrating that no
facilities exist in the State for the applicable control technique
guideline (CTG) categories; and adoption of new or more stringent RACT
determinations. This action is being taken in accordance with the
requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0208 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0208, Cristina Fernandez, Associate
Director, Office of Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0208. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
www.regulations.gov Web site 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 email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On October 17, 2011, the
Maryland Department of the Environment submitted a revision to its SIP
that addresses requirements of RACT for the 1997 8-hour ozone NAAQS set
forth by the CAA.

I. Background

    Ozone is formed in the atmosphere by photochemical reactions
between volatile organic compounds (VOC), oxides of nitrogen
(NOX), and carbon monoxide (CO) in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment areas to apply control on VOC and
NOX emission sources to achieve emission reductions. Among
effective control measures, RACT controls are a major group for
reducing VOC and NOX emissions from stationary sources.
    Since the 1970's, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility. See 44 FR 53761,
September 17, 1979. Section 182 of the CAA sets forth two separate RACT
requirements for ozone nonattainment areas. The first requirement,
contained in section 182(a)(2)(A) of the CAA and referred to as RACT
fix-up, requires the correction of RACT rules for which EPA identified
deficiencies before the CAA was amended in 1990. EPA published final
rulemaking notices approving the State of Maryland's SIP revisions in
order to correct their VOC RACT regulations and establish and require
the implementation for revised SIP regulations to control VOCs. See 58
FR 63085, November 30, 1993; 59 FR 46180, September 7, 1994; 59 FR
60908, November 29, 1994; and 60 FR 2018, January 6, 1995.
    The second requirement, set forth in section 182(b)(2) of the CAA
and referred to as RACT catch-up, applies to moderate (or worse) ozone
nonattainment areas as well as to marginal and attainment areas in the
ozone transport region (OTR) established pursuant to section 184 of the
CAA, and requires these areas to implement RACT controls on all major
VOC and NOX emission sources and on all sources and source
categories covered by a CTG issued by EPA. On January 6, 1995, EPA
published one of many final rulemaking notices approving the State of
Maryland's SIP revision as meeting the CTG RACT provisions of the CAA.
See 60 FR 2018, January 6, 1995.
    All Maryland counties were subject to RACT requirements under the
1-hour ozone standard. The Baltimore, Washington, DC, and Cecil County,
Maryland nonattainment areas were designated as severe 1-hour ozone
nonattainment areas. Kent and Queen Anne's counties were designated as
a marginal 1-hour ozone nonattainment area. All remaining Maryland
counties were identified as part of the OTR. As part of the planning
process, section 182(b)(2) of the CAA required the State of Maryland to
adopt all RACT regulations for all CTG sources and all major non-CTG
VOC sources (VOC sources with the potential to emit greater than or
equal to 25 tons per year (TPY) in Baltimore, Washington, DC, and Cecil
County, Maryland nonattainment areas and greater than or equal to 50
TPY in the remainder of the State) throughout the State.
    On July 18, 1997, EPA promulgated an 8-hour NAAQS for ozone. See 62
FR 38856, July 18, 1997. Under the 1997 8-hour ozone NAAQS, four areas
were designated nonattainment for the 1997 8-hour ozone standard in
Maryland. Three areas were classified as moderate and one as marginal.
Maryland also had an Early Action Compact area. All other remaining
counties are part of the OTR. The three moderate 1997 8-hour ozone
standard nonattainment areas are Baltimore, Washington, DC, and Cecil
County (part of the Philadelphia nonattainment area). The one marginal
1997 8-hour ozone NAAQS nonattainment area consists of Kent and Queen
Anne's Counties. Washington County was part of the Early Action Compact
program.
    EPA requires under the 1997 8-hour ozone NAAQS that states meet the
CAA RACT requirements, either through a certification that previously
adopted RACT controls in their SIP revisions be approved by EPA under
the 1-hour ozone NAAQS represent adequate RACT control levels for 1997
8-hour ozone NAAQS attainment purposes, or through the adoption of new
or more stringent regulations that represent RACT control levels. A
certification must be accompanied by appropriate supporting information
such as consideration of information received during the public comment
period and consideration of new data. This information may supplement
existing RACT guidance documents that were developed for the 1-hour
standard, such that the state's SIP accurately reflects RACT for the
1997 8-hour ozone standard based on the current availability of
technically and economically feasible controls. Adoption of new RACT
regulations will occur when states have new stationary sources not
covered by existing RACT regulations, or when new data or technical
information indicates that a previously adopted RACT measure does not
represent a newly available RACT control level. Another 1997 8-hour
ozone NAAQS requirement for RACT is to submit a negative declaration
that there are no CTG major sources of VOC and NOX emissions
within Maryland.

II. Summary of SIP Revision

    Maryland's SIP revision contains the requirements of RACT set forth
by the CAA under the 1997 8-hour ozone NAAQS. Maryland's SIP revision
satisfies the 1997 8-hour ozone standard RACT requirements through (1)
certification that previously adopted RACT controls in Maryland's SIP
that were approved by EPA under the 1-hour ozone NAAQS are based on the
currently available technically and economically feasible controls and
that they continue to represent RACT for the 8-hour implementation
purpose; (2) a negative declaration demonstrating that no facilities
exist in Maryland for the applicable CTG categories; and (3) adoption
of new or more stringent RACT determinations. A detailed summary of
EPA's review and rationale for proposing to approve this SIP revision
may be found in the Technical Support Document (TSD) for this action
which is available on line at www.regulations.gov. Docket number EPA-
R03-OAR-2012-0208.

III. Proposed Action

    EPA's review of this material indicates that Maryland has met the
requirements of RACT for NOX and VOCs set forth by the CAA
with respect to the 1997 8-hour ozone standard. EPA is proposing to
approve the Maryland SIP revision for the requirements of RACT set
forth by the CAA under the 1997 8-hour ozone NAAQS, which was submitted
on October 17, 2011. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions,

EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely proposes to
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule pertaining to Maryland RACT for the
1997 8-hour ozone NAAQS, does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 2, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-11639 Filed 5-11-12; 8:45 am]
BILLING CODE 6560-50-P


Farm ID # _______________

Methyl Bromide Critical Use Exemption Enterprise Budget Work Sheets Alternatives Pepper  Single Crop Yield Cartons Per Acre IFAS Average 900 Farm Information Cost Information IFAS Farm Information Acre Carton Acre Carton Pre Harvest Production Costs:

Fertilizer 291.11 Fumigant 847.00 Crop Protection Materials 723.76 Transplants/ Seeds 750.00 Stakes 64.00 Plastic String 27.50 Plastic Mulch/ Irrigation Tubing 337.67 Frost Protection Machinery: Irrigation 146.09 Non irrigation 430.64 Plastic Mulch/ Drip Tape Disposal 140.96 Scounting 27.50 Labor Costs: Tractor Drivers 254.53 Direct Labor 217.88 Miscellaneous 170.00 Interest 166.16 Fixed Costs: Land Cost 350.00 Supervision 845.50 Overhead 1,056.87 Total Pre Harvest Production Costs: 6,847.17 $ 7.61 $  $ # DIV/ 0!

Harvesting 1,233.00 $ 1.37 $ # DIV/ 0!

Packing, Selling & Related Overhead 2,430.00 $ 2.70 $ # DIV/ 0!

TOTAL COST: 10,510.17 $ 11.68 $  $ # DIV/ 0! Farming Costs:

dwcgi 15181 1081177579 696730000. xls August 3, 2003


[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Notices]
[Pages 15105-15106]
[FR Doc No: 2016-06315]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0078; FRL-9943-50]

Agency Information Collection Activities; Proposed Renewal of an
Existing Collection (EPA ICR No. 2415.03); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Pesticide Environmental Stewardship Program Annual
Measures Reporting'' and identified by EPA ICR No. 2415.03 and OMB
Control No. 2070-0188, represents the renewal of an existing ICR that
is scheduled to expire on November 30, 2016. Before submitting the ICR
to OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection that is summarized in
this document. The ICR and accompanying material are available in the
docket for public review and comment.

DATES: Comments must be received on or before May 20, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2016-0078, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Scott Drewes, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Pesticide Environmental Stewardship Program Annual Measures
Reporting.
    ICR number: EPA ICR No. 2415.03.
    OMB control number: OMB Control No. 2070-0188.
    ICR status: This ICR is currently scheduled to expire on November
30, 2016. 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 Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR enables EPA to run the Pesticide Environmental
Stewardship Program (PESP). PESP is an EPA voluntary program
implemented by the Office of Pesticide Programs (OPP). Its goal is to
promote environmental stewardship to protect human health and the
environmental. PESP encourages the use of integrated pest management
(IPM) strategies to reduce pests and pesticide risks through
partnerships with entities among the pesticide user community. IPM is
an approach that involves making the best choices from among a series
of pest management practices. It allows for economical pest management,
and does so with the least possible hazard to people, property, and the
environment. PESP uses the information collected to establish partner
membership, develop stewardship strategies, measure progress towards
stewardship goals, and award incentives.
    While most PESP members are entities that are pesticide end-users,
several others are organizations which focus on training, educating, or
influencing pesticide users. To become a PESP member, a pesticide user
entity or an organization submits an application and a five-year
strategy. The strategy outlines how environmental and human health risk
reduction goals will be achieved through the implementation of IPM, or
through educating others on IPM. In addition, members submit annual
progress reports that enable EPA and PESP members to track progress
being made in adopting IPM activities and reductions in risks to human
health and the environmental. Entities in the PESP program benefit
through technical assistance, and through incentives for achievements.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 114
hours per respondent. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed

explanation of the collection activities and the burden estimate that
is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are pesticide user companies and organizations, or entities
that practice IPM or promote the use of IPM through education and
training. EPA expects that most respondents will come from the
following industries: Agriculture, Forestry, Fishing and Hunting (NAICS
Code 11), Crop Production (NAICS Code 111), Nursery and Floriculture
Production (NAICS Code 11142), Nursery and Tree Production (NAICS Code
111421), Forestry and Logging (NAICS Code 113), Utilities (NAICS Code
22), Electric Power Generation, Transmission and Distribution (NAICS
Code 2211), Services to Buildings and Dwellings (NAICS Code 5617),
Exterminating and Pest Control Services (NAICS Code 56171), Janitorial
Services (NAICS Code 56172), Landscaping Services (NAICS Code 56173),
Elementary and Secondary Schools (NAICS Code 6111), Junior Colleges
(NAICS Code 6112), Colleges, Universities, and Professional Schools
(NAICS Code 6113), Hospitals (NAICS Code 622), Child Day Care Services
(NAICS Code 6244), Golf Courses and Country Clubs (NAICS Code 71391),
and Environment, Conservation and Wildlife Organizations (NAICS Code
813312).
    Estimated total number of potential respondents: 419.
    Frequency of response: Annual and on occasion.
    Estimated total average number of responses for each respondent:
Respondents submit a one-time PESP Membership application, an annual
survey, and a PEST strategy every five years.
    Estimated total annual burden hours: 47,665 hours.
    Estimated total annual costs: $ 3,073,383. This is the estimated
burden cost; there are no capital investment or maintenance and
operational costs for this information collection.

III. Are there changes in the estimates from the last approval?

    There is an increase of 4642 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This increase reflects EPA's updating of burden
estimates for this collection based upon historical information on the
number of PESP members. Members are classified as IMP Promoters, IPM
Users, and National IMP Users. Based on revised estimates, the number
of IPM Promoters has decreased, the number of IMP users has increased,
and the number of National IPM users has not changed. While the
estimated burden per response has not changed for any category, the
shift in memberships has resulted in a net increase in the overall
burden. This change is an adjustment.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.

    Authority:  44 U.S.C. 3501 et seq.

    Dated: March 14, 2016.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2016-06315 Filed 3-18-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Rules and Regulations]
[Pages 41699-41704]
[FR Doc No: 2012-17268]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 375

[Docket No. FMCSA-2011-0313]
RIN 2126-AB41

Transportation of Household Goods in Interstate Commerce;
Consumer Protection Regulations: Household Goods Motor Carrier Record
Retention Requirements

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

ACTION: Direct final rule; request for comments.

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

SUMMARY: FMCSA amends the regulations governing the period during which
household goods (HHG) motor carriers must retain documentation of an
individual shipper's waiver of receipt of printed copies of consumer
protection materials. This change harmonizes the retention period with
other document retention requirements applicable to HHG motor carriers.
FMCSA also amends the regulations to clarify that a HHG motor carrier
is not required to retain waiver documentation from any individual
shippers for whom the carrier does not actually provide services. This
rule responds to a petition filed by the American Moving and Storage
Association (AMSA).

DATES: This final rule is effective November 13, 2012, unless an
adverse comment, or notice of intent to submit an adverse comment, is
either submitted to the above docket via http://www.regulations.gov on
or before August 15, 2012 or reaches the Docket Management Facility by
that date. If an adverse comment, or notice of intent to submit an
adverse comment, is received by August 15, 2012, we will withdraw this
direct final rule and publish a timely notice of withdrawal in the
Federal Register.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2011-0313 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30) West Building Ground
Floor Room W12-140, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., E.T., Monday through Friday,

except Federal holidays. The telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Comments'' portion of the SUPPLEMENTARY
INFORMATION section below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Brodie Mack, FMCSA Household Goods
Enforcement and Compliance Team Leader,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Comments

    If you would like to participate in this rulemaking, you may submit
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2011-0313), indicate the specific section of this
direct final rule to which each comment applies, and provide a reason
for each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission. As a reminder, FMCSA will only consider adverse
comments as defined in 49 CFR 389.39(b) and explained below.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Final Rule'' and insert ``FMCSA-2011-0313'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``FMCSA-2011-0313'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may also view the docket
online by visiting 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.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

II. Regulatory Information

    FMCSA publishes this direct final rule under 49 CFR 389.39 because
the Agency determined that the rule is a routine and non-controversial
amendment to 49 CFR part 375. The rule reduces the record retention
period in 49 CFR 375.213(e)(3) from three years to one year to
harmonize it with the retention period required for other household
goods shipping documents. It also clarifies that a household goods
motor carrier is not required to retain waiver documentation from an
individual shipper for whom the carrier does not transport household
goods or provide related services. FMCSA does not expect any adverse
comments to this rule because it merely makes this recordkeeping
requirement consistent with others in 49 CFR part 375. If no adverse
comments, or notices of intent to submit an adverse comment, are
received by August 15, 2012, this rule will become effective as stated
in the DATES section. In that case, approximately 30 days before the
effective date, we will publish a document in the Federal Register
stating that no adverse comments were received and confirming that this
rule will become effective as scheduled. However, if we receive any
adverse comments or notices of intent to submit an adverse comment, we
will publish a document in the Federal Register announcing the
withdrawal of all or part of this direct final rule. If we decide to
proceed with a rulemaking following receipt of any adverse comments, we
will publish a separate notice of proposed rulemaking (NPRM) and
provide a new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.

III. Legal Basis for the Rulemaking

    The Secretary of Transportation's (Secretary) general jurisdiction
to establish regulations over transportation of property by motor
carrier is found at 49 U.S.C. 13501. Household goods motor carriers are
a subset of all property motor carriers and are required by 49 U.S.C.
13902 to register with FMCSA as HHG motor carriers. The Secretary's
authority to inspect, copy and set retention periods for HHG motor
carriers' records is found at 49 U.S.C. 14122. This rulemaking only
applies to HHG motor carriers that provide for-hire transportation in
interstate or foreign commerce.
    This rulemaking is based on the statutory provisions cited above
and on the Household Goods Mover Oversight Enforcement and Reform Act
of 2005, Title IV, Subtitle B of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59). Section 4205 of SAFETEA-LU, codified at 49 U.S.C.
14104(b)(2), requires HHG motor carriers to distribute the following
two FMCSA consumer pamphlets to prospective shippers: ``Your Rights and
Responsibilities When You Move,'' and ``Ready to Move?--Tips for a
Successful Interstate Move.''
    The Secretary has delegated these various authorities to the FMCSA
Administrator (49 CFR 1.73(a)).

IV. Background

    On November 29, 2010, FMCSA published a final rule entitled
``Brokers of Household Goods Transportation by Motor Vehicle'' (73 FR
72987). That rule amended FMCSA's regulations to require HHG brokers to
comply with certain consumer protection requirements. As a part of that
rule, FMCSA also amended existing regulations to permit HHG motor
carriers to provide FMCSA's consumer protection publications by
Internet in place of paper copies (49 CFR 375.213(a) and (b)). In
accordance with that rule, if an individual shipper elects to waive
physical receipt of the consumer protection information and instead
chooses to access the information via hyperlink on the Internet, HHG
motor carriers must obtain a signed paper or electronic

receipt from the shipper documenting this waiver (49 CFR
375.213(e)(2)). Household goods motor carriers must keep this receipt
on file for three years (49 CFR 375.213(e)(3)).
    On January 11, 2011, the American Moving and Storage Association
(AMSA) submitted a petition for rulemaking to amend 49 CFR 375.213(e).
AMSA requested that FMCSA reduce the retention period for the waiver
documentation from three years to one year to harmonize this
requirement with other one-year document retention requirements in 49
CFR part 375. AMSA also requested that FMCSA amend Sec.  375.213(e)(3)
to clarify that household goods motor carriers are only required to
retain receipts from those shippers for whom they actually provide
moving services.
    A copy of AMSA's current petition is in Docket FMCSA-2011-0313, as
well as Docket FMCSA-2004-17008.

V. Discussion of the Rule

    FMCSA amends 49 CFR 375.213(e)(3) by reducing the retention period
from three years to one year for signed receipts documenting an
individual shipper's waiver of physical receipt of the consumer
protection publications ``Your Rights and Responsibilities When You
Move,'' and ``Ready to Move?--Tips for a Successful Interstate Move.''
This change would harmonize this requirement with other requirements in
part 375 that require HHG motor carriers to retain shipping documents
for only one year. See, for example, 49 CFR 375.403(c) (binding
estimates); Sec.  375.405(d) (non-binding estimates); and Sec.
375.501(g) (orders for service). FMCSA does not believe that any valid
consumer protection purpose would be served by requiring HHG motor
carriers to retain the consumer protection waiver receipt documentation
two years longer than the other documentation about a shipper's move.
In any event, without the other documentation related to a shipper's
move, FMCSA would be limited in its ability to use the waiver for
enforcement purposes.
    FMCSA also amends 49 CFR 375.213(e)(3) by clarifying that a HHG
motor carrier that obtains a signed waiver from a shipper is required
to comply with the retention requirements in Sec.  375.213(e)(3) only
if the carrier actually provides moving services to the shipper. FMCSA
estimates that shippers solicit approximately three estimates from
different household goods carriers before choosing one. The Agency does
not believe there are any significant consumer protection benefits
associated with requiring a HHG carrier to retain receipts for
prospective shippers that ultimately do not use its services. As a
result, Sec.  375.213(e)(3) no longer requires HHG carriers to retain
receipts from shippers who decide not to use that particular HHG motor
carrier.

VI. Regulatory Analyses

Executive Order (E.O.) (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and DOT
Regulatory Policies and Procedures

    FMCSA has determined that this direct final rule is not a
``significant regulatory action'' within the meaning of Executive Order
(E.O.) 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21,
2011), or within the meaning of DOT regulatory policies and procedures.
The estimated cost or benefit of the direct final rule is not expected
to exceed the $100 million annual threshold for economic significance;
therefore, any costs or benefits associated with the rule are expected
to be minimal. Moreover, the Agency does not expect the direct final
rule to generate substantial Congressional or public interest.
Therefore, this rule has not been formally reviewed by the Office of
Management and Budget. No expenditures are required of the affected
population because this rule reduces a regulatory burden.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
110 Stat. 857), FMCSA is not required to prepare a final regulatory
flexibility analysis under 5 U.S.C. 604(a) for this final rule because
the agency has not issued a notice of proposed rulemaking prior to this
action.

Unfunded Mandates Reform Act

    FMCSA is not required to prepare an assessment under the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1531, et seq., evaluating a
discretionary regulatory action because the Agency has not issued an
NPRM prior to this action.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects 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.'' FMCSA has determined that this rule would not have
substantial direct effects on States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), a Federal agency must obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations.
    The FMCSA seeks approval of the collection of information
requirements in this direct final rule to generate, maintain, retain,
disclose, and provide information to, or for, the agency under 49 CFR
part 375. The information collected will assist individual household
goods shippers in their commercial dealings with interstate household
goods carriers, thereby providing a desirable consumer protection
service. The collection of information would be used by prospective
household goods shippers to make informed decisions about contracts and
services to be ordered, executed, and settled within the interstate
household goods carrier industry.
    FMCSA estimates there are approximately 6,000 active household
goods carriers.\1\ This direct final rule reducing the record retention
time from 3 years to one year results in a smaller burden on the HHG
motor carrier industry. However, necessary adjustments were made to
baseline annual burden and cost estimates because the Agency previously
failed to account for the paperwork burden/reduction the November 29,
2010, final rule ``Brokers of Household Goods Transportation by Motor
Vehicle'' (73 FR 72987) would have on household goods carriers who
provide consumers electronic access to the mandated consumer protection
information. FMCSA has calculated a program adjustment decrease of
31,900 estimated annual burden hours [5,524,500 proposed estimated
annual burden hours--5,556,400 currently-approved estimated annual
burden hours = (31,900)] and a decrease of $5,328,000 in estimated
annual costs to respondents [$4,516,000 proposed annual cost to
respondents--$9,844,000 currently-approved annual cost to respondents =
-$5,328,000].\2\
---------------------------------------------------------------------------

    \1\ Three year average for 2008--2010. See http://www.fmcsa.dot.gov/documents/facts-research/CMV-Facts.pdf.
    \2\ See http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201007-2126-002.
---------------------------------------------------------------------------

    The Agency has updated its baseline for burden estimates and costs
to respondents in regard to consumers

(shippers) requesting either printed or electronic copies of Federal
consumer protection information, specifically, Department of
Transportation publications FMCSA-ESA-03-005 entitled ``Ready to
Move?'' and FMCSA-ESA-03-006 ``Your Rights and Responsibilities When
You Move.'' The Agency estimates that forty percent of consumers will
request printed copies and the remaining sixty percent will request
electronic copies. HHG motor carriers may provide a hyperlink directed
to each of these documents from their Web sites, but are required to
obtain a receipt that indicates verification of the shipper's agreement
to access the Federal consumer protection information on the Internet.
Although an increase in burden hours is associated with carriers
providing hyperlinks, obtaining, and retaining receipts from shippers
who elect to access these publications electronically, there is a
substantial reduction in material costs from producing and storing
documents. In addition to these adjustments, the Agency identified and
corrected a calculation error regarding annual burden hours in the
currently approved Information Collection Request (ICR).
    Table 1 summarizes the revision to annual burden estimates for IC1:
``Required Information for Prospective Individual Shippers'' based on
Agency errors found in the calculations done in 2010. A detailed
analysis of the burden hours can be found in the Paperwork Reduction
Act supporting statement that corresponds with this direct final rule.
The supporting statement and its attachments are in the docket
associated with this direct final rule (Docket No. FMCSA-2011-0313).

              Table 1--Summary of Revisions to Annual Hourly Burden Estimates Due to Agency Errors
----------------------------------------------------------------------------------------------------------------
                                                                                Revision due
                                                                                Revision due      to agency
                           Collection                               Old burden       to error      error (old--
                                                                                error)
----------------------------------------------------------------------------------------------------------------
IC1:
    ``Ready to Move?''..........................................           3,000               0           3,000
    ``Rights & Responsibilities''...............................          68,000         -34,000          34,000
    Complaint & Inquiry Program Summary.........................           1,000            -500             500
    Arbitration Procedure Summary...............................           1,000            -500             500
    Create Summaries............................................           2,400               0           2,400
    Website Hyperlink...........................................               0               0               0
    Signed Receipts.............................................  ..............               0               0
                                                                 -----------------------------------------------
        Total for IC1...........................................          75,400         -35,000          40,400
----------------------------------------------------------------------------------------------------------------

    Table 2 below summarizes the revisions to annual burden estimates
based on the Household Goods Broker final rule of November 29, 2010.
The direct final rule to reduce the record retention period for
receipts from three years to one year does not affect the annual burden
hour estimates, only the capital costs shown in Table 3.

 Table 2--Summary of Revisions to Annual Hourly Burden Estimates Based on HHG Broker Final Rule of November 29,
                                                      2010
----------------------------------------------------------------------------------------------------------------
                                                                                Total after
                                                                                HHG broker
                                                                   Revision due    Revision due     final rule
                           Collection                                to agency     to HHG broker    (error--HHG
                                                                       error        final rule     broker final
                                                                                rule)
----------------------------------------------------------------------------------------------------------------
IC1:
    ``Ready to Move?''..........................................           3,000          -1,500           1,500
    ``Rights & Responsibilities''...............................          34,000         -20,400          13,600
    Complaint & Inquiry Program Summary.........................             500               0             500
    Arbitration Procedure Summary...............................             500               0             500
    Create Summaries............................................           2,400               0           2,400
    Website Hyperlink...........................................               0           1,000           1,000
    Signed Receipts.............................................               0          24,000          24,000
                                                                 -----------------------------------------------
        Total for IC1...........................................          40,400           3,100          43,500
----------------------------------------------------------------------------------------------------------------

    Table 3 summarizes the revision to annual costs to respondents.
Revisions are due to consumer requests for electronic pamphlets instead
of printed ones. A detailed analysis of annual costs can be found in
the Paperwork Reduction Act supporting statement that corresponds with
this direct final rule. The supporting statement and its attachments
are in the docket associated with this direct final rule (Docket No.
FMCSA-2011-0313).

                    Table 3--Summary of Revisions of Estimates of Annual Costs to Respondents
----------------------------------------------------------------------------------------------------------------
                                                                                Total cost
                           Collection                                New cost        Old cost        reduction
                                                                                (new--old)
----------------------------------------------------------------------------------------------------------------
IC1:
    ``Ready to Move?''..........................................        $288,000        $720,000       -$432,000
    ``Rights & Responsibilities''...............................       3,264,000       8,160,000      -4,896,000
    Complaint & Inquiry Program Summary.........................         120,000         120,000               0
    Arbitration Procedure Summary...............................         120,000         120,000               0
                                                                 -----------------------------------------------
        Total Capital Costs for IC1.............................       3,792,000       9,120,000      -5,328,000
----------------------------------------------------------------------------------------------------------------

    We particularly request your comments on whether the collection of
information is necessary for the FMCSA to meet the goal of 49 CFR part
375 to protect consumers, including: (1) Whether the information is
useful to this goal; (2) the accuracy of the estimate of the burden of
the information collection; (3) ways to enhance the quality, utility
and clarity of the information collected; and (4) ways to minimize the
burden of the collection of information on respondents, including the
use of automated collection techniques or other forms of information
technology. You may submit comments on the information collection
burden addressed by this direct final rule to the Office of Management
and Budget (OMB). The OMB must receive your comments by September 14,
2012. You must mail or hand deliver your comments to: Attention: Desk
Officer for the Department of Transportation, Docket Library, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Room 10102, 725 17th Street NW., Washington, DC 20503. Please also
provide a copy of your comments on the information collection burden
addressed by this direct final rule to docket FMCSA-2011-0313 in
www.regulations.gov by one of the four ways shown above under the
ADDRESSES heading.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Agency has determined under its environmental procedures Order 5610.1,
published March 1, 2004 in the Federal Register (69 FR 9680), that this
action is categorically excluded (CE) from further environmental
documentation under Appendix 2, Paragraph 6(q) of the Order (69 FR
9703). This CE relates to regulations implementing record preservation
procedures for household goods freight forwarders, brokers, and motor
carriers, including record types and retention periods. In addition,
the Agency believes this rule includes no extraordinary circumstances
that will have any effect on the quality of the environment. Thus, the
action does not require an environmental assessment or an environmental
impact statement.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.

E.O. 13211 (Energy Effects)

    FMCSA has analyzed this direct final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under E.O. 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Therefore, no Statement of Energy Effects is required.

E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. As discussed previously, this direct final rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, FMCSA does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.

E.O. 12988 (Civil Justice Reform)

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

E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and has determined it will not affect a
taking of private property or otherwise have taking implications.

Privacy Impact Assessment

    FMCSA conducted a privacy impact assessment of this rule as
required by section 522(a)(5) of the FY 2005 Omnibus Appropriations
Act, Public Law 108-447, 118 Stat. 3268 (Dec. 8, 2004) [set out as a
note to 5 U.S.C. 552a]. Section 522 of title I of division H of the
Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub.
L. 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note) requires the
Agency to conduct a privacy impact assessment (PIA) of a regulation
that will affect the privacy of individuals. This rule does not require
the collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.

List of Subjects in 49 CFR Part 375

    Advertising, Arbitration, Consumer protection, Freight, Highways
and roads, Insurance, Motor carriers, Moving

of household goods, Reporting and recordkeeping requirements.

VII. The Final Rule

    For the reasons stated in the preamble, FMCSA amends 49 CFR part
375 in title 49, Code of Federal Regulations, chapter III, subchapter
B, as follows:

PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS

0
1. The authority citation for part 375 continues to read as follows:

    Authority:  49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902,
14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49
CFR 1.73.

0
2. Revise Sec.  375.213, paragraph (e)(3), to read as follows:

Sec.  375.213  What information must I provide to a prospective
individual shipper?

* * * * *
    (e) * * *
    (3) You must maintain the signed receipt required by paragraph
(e)(2) of this section for one year from the date the individual
shipper signs the receipt. You are not required to maintain the signed
receipt when you do not actually transport household goods or perform
related services for the individual shipper who signed the receipt.

    Issued on: July 6, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-17268 Filed 7-13-12; 8:45 am]
BILLING CODE 4910-EX-P