Docket ID No. OAR 2002 0056 Commenter A 182 4597 Lisa Marshall 4598 Kim Dunn 4599 Lisa Edwards 4600 Stacey Kirms 4601 RaDonna Roland 4602 Catherine Sumners 4603 Meggan McEvoy 4604 Ruth Ann Humphrey 4605 Patricia Williams 4606 Irma Call 4607 Rosalind Mearns 4608 Ruth McIntosh 4609 Richard C. Stancliff 4610 Ed Masters 4611 Suzanne Skinner 4612 Frenesa K. Hall, MD 4613 Paul Regan 4614 Frances K. Tetens 4615 Tom Sheeley 4616 Tony Siegle 4617 Wilson Bryan 4618 The Ward Family 4619 Peggy Lee 4620 Anonymous Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 183 4621 Anonymous 4622 Lin Hall 4623 Thomas C. Maurer 4624 Betty Jennings 4625 Jennifer B. Frazier 4626 Bernadine Rettger 4628 Elizabeth Ward 4629 Bridget Fonger 4630 June Davis 4631 Pamela Gale Park 4632 Loraine Scime 4633 Shelly Tracy 4634 Marilyn Cuffee Gordon 4636 Lisa O'Neil 4637 Phyl Morello 4638 Dwayne Tuttle 4639 Kathleen Gabriel 4640 John and Verna Wright 4641 John Dziak 4642 Kayde Cadwell 4643 June Foster Stinson 4644 Glormil 4645 David Turnbell 4647 Anonymous Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 184 4648 Galen and Paula 4649 Rick Temple 4651 Cara Gifford 4652 Christine Rogers 4653 253 mass mailings 4654 Peggy Lee 4655 Peter McClelland 4656 A. J. Maimbourg 4657 Carolyn G. Crombie 4658 Aaron Dougherty 4659 76 mass mailings from Illinois PIRG and Education Fund 4660 10 mass mailings from PIRG Michigan 4661 183 mass mailings from League of Conservation Voters Education Fund 4662 1 15 mass mailings 4663 3 mass mailings from Sierra Club 4664 11,717 mass mailings 4665 15 mass mailings 4666 390 mass mailings from Sierra Club 4667 1,330 mass mailings from SC Partnership 4668 194 mass mailings 4669 150 mass mailings from Environmental Maine 4670 5 mass mailings from Environmental Maine 4671 283 mass mailings 4672 1,379 mass mailings from Wisconsin Earth Day Coalition Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 185 4673 82 mass mailings from Sierra Club North Star Chapter 4674 902 mass mailings from League of Conservation Voters Education Fund 4675 927 mass mailings from Montana PIRG 4676 2,540 mass mailings from Save the Clean Air Act Organization 4677 870 mass mailings Penn Environment 4678 4,101 mass mailings from Environment Colorado 4679 6,086 mass mailings from Environment California 4680 120 mass mailings from Illinois PIRG and Education Fund 4681 7,644 mass mailings from Penn Environment 4682 9,956 mass mailings from State PIRGs 4683 10,407 mass mailings from Sierra Club 4684 114,639 mass mailings from State PIRGs 4685 2,358 mass mailings 4697 Kirk Freundenburg 4698 Ann Wilsnack 4699 Anne Wood 4700 Bob Bramblett 4701 Carey Crist 4702 Charlene Woodcock 4703 Cheryl Heath 4704 Sean McCandless 4705 Crystal Bevans 4706 Cyane Gresham 4707 Dave Daulton Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 186 4708 David K. Richardson 4709 Anonymous 4710 Dennis Dimster 4711 Derek McLaughlin 4712 David Giffen 4713 Edward Askew 4714 Debra Shankland 4715 David Keller 4716 Jim Miller 4717 Howard Edson 4718 Jay and Lucia Weinroth 4719 Jeff Lane 4720 Jessica Murdaugh 4721 Joe Jennings 4722 Keith Brown 4723 Karen L. Hansen 4724 Kirk Freudenburg 4725 D. Keith 4726 Katherine Duncanson 4727 Ken Thygerson 4728 Marla Rolfe 4729 Megan Harris 4730 Melissa Powers 4731 Tawny Mata Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 187 4732 Michael Bennett 4733 M. J. Gardner 4734 Nancy Kessler 4735 Nita Ferguson 4736 Melissa J. Brenneman 4737 Ellen Weiner 4738 Amanda Leogue 4739 Ragen Tilzey 4740 Ralph Klawitter 4741 Steven Rychnovsky 4742 Chuck Swensen 4743 Vickie Bielanski 4744 William G. Wales 4745 Patricia DeMarco Rowe 4746 Tanya Dobbs 4747 Ann Rumrill 4748 Pamela Heskett 4749 Linda Rose 4750 4 mass mailings 4751 Marybeth Clark 4752 Janet Gilbert 4753 1 Ginny Mayhew 4754 7,399 mass mailings 4755 Thomas Stiles Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 188 4756 Michael Peltneir 4757 R. H. Williams 4758 Ginny Corzire 4759 Peggy Louise Daulton 4760 Joline Bettendorf 4761 Nancy Schiegg 4762 Claire Iverson 4763 Lee Walker Oxenham, Patapsco Riverkeeper 4764 Robert Rutowski 4765 Kate Godfrey 4766 Tania Banak 4767 John Ulloth, Sierra Club, Angeles Chapter 4768 Marion Thorne 4769 Allan H. Messinger 4770 Carmen Pirotte 4771 Jim Sconyers, Sierra Club, New Hampshire 4772 Alan C. Hasselwander 4773 Anabell Kinney 4774 Anita Moris 4775 William DeForest 4776 Bonita DiGennaro 4777 Carol Vericker 4778 Charles M. Paden, PhD 4779 Claire Hartford Hornsten, President, Women's Public Forum Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 189 4780 John Garret Baker 4781 D. Meehan 4782 Gwenyth M. Nichols 4783 David Kohn 4784 Dru Carter 4785 Matthew and Elizabeth Stein 4786 Erin Maloney 4787 Eve Fox 4788 Glenna Lea Citron 4789 Gwynne Brown 4790 Henry Massery 4791 Janis Haansen Klinger 4792 Jewel Down 4793 Kimberly Murphy 4794 John Thornberg 4795 Claude Roland, MD 4796 Jonathan Davids 4797 Kenneth Hill 4798 Kyle Farley 4799 Kristen J. Garrett 4800 Lawrence D'Arco 4801 Amy Rudson 4802 Christine Dawkins 4803 Meggen Harris Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 190 4804 Amanda O'Hearn, PhD 4805 Patrick Marcell 4806 Paul Crouser 4807 Stephen and Ann Devitt 4808 Peter Lee 4809 Pierre Musy 4810 Russell Behrman 4811 Robert H. Delves 4812 J. Richard Manier, Jr.

4813 Ronald Harris 4814 Rosario Martin 4815 Rosemarie M. Jeffery, MD 4816 Ruth Kuhfahl 4817 Geoffrey Greene 4818 Susan Localio 4819 Todd D. Johnson 4820 Dr. Peter J. Veverka 4821 Vicki Stephens 4822 Marcy Bode 4823 William and Margo Cooper 4824 Rozane Williamson 4825 Amanda Chrisp 4826 Herb Mintz 4827 Sharon Wang Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 191 4828 Marian Hackney 4829 John de Souza 4830 Steve Blum 4831 Doug Poole 4832 Mel and Gail Minthorn 4833 1 Nicholas Rosenstock 4834 Michael J. Mayo 4835 Benjamin Allen 4836 April Ford 4837 Barbara Presson 4838 Anonymous 4839 Ben and Stacy Merrick 4840 Bruce L. Renguist 4841 Chris Mihill 4842 Gertrude Freidel 4843 Lona Rosenfeld 4844 Dan Schotter 4845 David Weitzler 4846 Donna J. Williams 4847 James Wilson 4848 1 Marjorie Larson 4849 Linda S. Sanders 4850 Karen Cowdrey 4851 Milton Hanzel Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 192 4852 Evan Francis 4853 Nancy Matyasovsky 4854 Peggy Kyprianides 4855 Susan Bawin Coonradt 4856 Robert Lowery 4857 Patricia Nicely 4858 1 Tim Lingg 4859 Todd Bradshaw 4860 T. Reid Kavieff 4861 Jill 4862 Christine R. Masterson 4863 Homer J. Hall 4864 Jackie Needleman 4865 Pete Jimenez 4866 Mr. and Mrs. Martin Glynn 4867 33,498 mass mailings 4868 502 mass mailings 4869 31 mass mailings 4870 Neila Jack 4871 2 mass mailings 4872 10 mass mailings 4873 22 mass mailings 4874 82 mass mailings 4875 374 mass mailings Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 193 4876 34 mass mailings 4877 78 mass mailings 4878 3,656 mass mailings 4879 279 mass mailings 4880 100 mass mailings 4881 29 mass mailings 4882 11,849 mass mailings 4883 16,667 mass mailings 4884 3 mass mailings 4885 981 mass mailings 4899 Gil Freedman 4900 Anonymous 4901 Chris Robbins 4902 Kathy Knudsen 4903 Paul Thib 4905 Ann Walton 4906 Mike Shifflet 4907 13 mass mailings 4908 Jennifer Garrick 4936 Kevin Fitzpatrick 4937 Jeanette Hartge 4938 Marc B. Horin 4939 Nicholas Shestople 4940 Mike Jones Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 194 4941 Ben Eubanks 4942 Kristen Rachford 4943 Frances E. Harkins 4944 Anonymous 4945 Denise Brown 4946 Anonymous 4947 Holly Terschuur 4948 Marilyn Brittner 4949 Sharon L. Oler 4950 L. Evelyn Beason 4951 James B. Mitchell, PhD 4952 Carolyn Ulrich 4953 Anne M. Hanada 4954 Lois Miles and family 4955 Juanita Wright Potter 4956 Patricia A. Baldwin 4957 Buck O'Herin 4958 Mariel E. Matthews 4959 Faith Helen Farris 4960 Dr. Andrew Millard 4961 Linda Davis 4963 4 mass mailings 4964 750 mass mailings 4965 Carol E. Colip Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 195 4966 Joan Sprague 4967 Peter W. Joseph, MD 4968 Dorothy Horton 4969 T. Hudson 4970 Mark Potter, MD 4971 Tom Aldridge 4973 Carol Long 4975 3 mass mailings 4977 Sean Palfrey, MD 4978 Rachael Blumenthal 4979 Anne C. Godfrey 4980 Rhoda Lonow 4981 Janet M. Redding 4982 Pamela P. McVety 4986 James A Rapp 4987 Fayetta P. Weaver 4988 Marjorie M. Donn 4989 2 mass mailings 4990 Nancy Corson Carter 4991 M. D. Hanson 4992 Marilyn Jacobs 4993 Anonymous 4994 Amber Powers 4995 Danna P. Murch Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 196 4996 Nancy dell'Aquilla 5002 Nathan Pierce 5003 Judi Keppler 5004 Sam West 5005 Elaine Storella 5006 Jessie Magnuson 5007 Christie Thomas 5008 Tetsa Skordos 5009 Joy Peterson 5010 Leighanna Kelley Midkiff 5011 Tom McDonnell 5013 Doris Hartman 5014 Phyllis F. Campbell 5015 Susan Bergmann 5016 J. C. Englert 5017 Helen Jo Williams 5018 Darlene Wagner 5019 Karl B. Bucholz and Karen H. Robinson 5020 Jane Krentz 5021 Allen Davisson 5022 Gil Freedman 5023 Anonymous 5024 Chris Robbins 5025 Kathy Knudsen Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 197 5026 Paul Thib 5027 Nicholas S. Carpenter 5028 Richard Holt 5029 Karen Meyer 5030 Glen Becker 5031 Kristy Hartje 5032 Camille Holthaus 5033 Margaret Young 5034 Marc Polansky 5035 Elizabeth Cohen 5036 Hilary Lorraine 5037 Karen Luepke 5038 Christen C. Garrett 5039 Robert F. Delaney 5040 Andrew J. Spano, Westchester County Executive, NY 5041 Stephanie Klotz 5042 Wendy Tokuda 5043 Katie Phipps 5044 Tatyana Livshultz 5045 Mike Shifflet 5046 Janet and Donald Mackenzie 5047 Christina Hasseth 5048 M. Levy 5050 Bob Taft, Governor, Ohio Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 198 5051 Patrick Leahy, et al., U. S. Senate 5052 Alabama Waterfowl Association 5053 National Wildlife Association 5054 Victor Carrillo, Texas Railroad Commission 5055 Robert and Geraldine Folz 5056 David C. Foerter, Institute of Clean Air Companies 5057 Audrey Falcon, Chief, Saginaw Chippewa Indian Tribe 5058 Ian Nelson 5059 Jane Hagrave 5060 John Osner 5061D Mass campaign, Sierra Club 5062 Christopher Hord, Sierra Club, Georgia Chapter 5063D Mass campaign, Wisconsin Earth Day Coalition 2004 5064D Mass campaign, Penn Environment 5065D Mass campaign, Environment California 5066D Mass campaign, Environment Colorado 5067 Chris Spalding 5068D Mass campaign, LCV Education Fund 5069 Dr. Charles Powers, NY Academy of Sciences 5070 Edger P. Stegmann 5071 J. Sipkins 5073 2657 mass campaign, Greenpeace mailings 5073 Brandy Toft, Leech Lake Band of Ojibwe 5074 404 mass campaign mailings Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 199 5075 833 mass campaign mailings, Audobon Ohio et al.

5076 George and Myra Hurst 5077 Miriam L. Wolin 5078 Barbara Greenman 5079 Annette Wilber 5080 Ethel M. Kinkaid 5081 James E. Wagner 5082 Candice Peters 5083 Jan Rice 5084 John Paniperin 5085 Ann Regel 5086 Richard A. Kendrick 5087 Pedro L. Lanabina 5088 Sue Lorens 5089 Randy Heidenfelder 5090 Mary L. Roark 5091 Ruth Niswander 5092 Valeri McCaly 5093 Dan Feiertag 5094 Barry Fansher 5095 Barbara Hillhouse 5096 Liis McKenna 5097 Evelyn N. Brew 5098 Bruce Pisby Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 200 5099 Nancy B. Delaiti 5100 Shari Bachmann 5101 Robert M. Hensley 5102 Laura Manthe 5103 Anonymous 5104 James Coes 5106 Brandon R.

5109 69 mass campaign mailings 5110 66 mass campaign mailings 5111 Donald Manzull, U. S. Congress 5124 Maria Van Kirk 5126 16 mass campaign mailings 5128 25 mass campaign mailings 5129 9,231 mass campaign mailings 5130 Richard Smith 5131 Craig Overbeck 5132 Marc Stein 5133 Theresa Neuroth 5134 Julie Sutor 5135 Kris Medic 5136 Ken Mosher 5137 Rollin Newcomb 5138 Patricia Miller 5139 Eun Swansong Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 201 5140 Anonymous 5141 Anonymous 5142 Nicholas Engelfried 5143 John Bollinger 5144 Tina Engelfried 5147 Janice Watten 5149 Anonymous 5152 7 mass campaign mailings 5153 5 mass campaign mailings 5154 7 mass campaign mailings 5155 17 mass campaign mailings 5156 1,579 mass campaign mailings 5157 18 mass campaign mailings, Little Chute Elementary School 5158 George A. Jones 5159 Brandon Aikin 5160 Eloise Heimann 5161 Susan Scheppler 5162 Jessica Moy 5163, 5165 Ted Light 5166 William Huggins 5167, 5174 Paul Cowden 5187 1 mass campaign mailing 5193 Rosemary Engelfried 5194 Renae Robertson Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 202 5195 Billie Robertson 5198 Roger Hoffman 5199 Ted Beringer 5200 Anonymous 5253 1,161 mass campaign mailings 5254 Tina Spears 5258 124 mass campaign mailings 5260 Ellen Lougee 5261 David Leithhauser 5264 Irene Lieberman 5266 Robert Hunter 5267 Diane Sklensky 5268 Karin Kirulis 5269 Lynn Kinnucan 5270 Bassam Imam 5271 Jerise Fogel 5272 Alaina Borget 5273 Robert A. Mertz 5274 James Swaney 5275 Judith Gilliland 5276 Carey Blanchard 5277 Susanna Levin 5278 Dr. Carole Warner 5279 James Berg Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 203 5280 Karin Kvale 5281 Diana Varley 5282 The Clean Energy Group 5283 Tressa Schendel 5285 Chris Wells 5286 William Robens 5287 Laura E. Tudor 5288 Eric Zuber 5289 Ron Hildebrand 5290 Mary Young 5291 Dawn Brennan 5292 Althea Godfrey 5293 Patricia Archbold 5294 Suzanne Marckx 5295 K. Oneill 5296 Craig Scheunemann 5297 John Phillips 5298 Sandra Collins 5299 Max Hemmert 5300 David Fitzjarrell 5301 Liz Lundberg 5302 Dr. Wendy. Yona Noon 5303 812 mass campaign mailings 5304 105 mass campaign mailings Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 204 5305 Beth Hamilton 5306 Roy Fouts 5307 Robert Shroy 5308 Robert Mossman 5309 Lynell Martinez 5310 Joe Culbertson Jr.

5311 Fred Vanderbeek 5312 Erica Schwartz 5313 700 mass campaign mailings, Clean Wisconsin 5315 Brandon 5316 Peter Garrett 5317 Susan Miller 5318 Brian Scott 5319 Michael Fiori, MD 5320 Mary Ann Maxson 5321 John Witte, Ph. D 5322 Monique Maisenhalter 5323 Gerrit Crouse, Ph. D 5324 Milan and Patricia Murchek 5325 Jay Allaire 5326 Ann Modro 5327 Matt Roman 5328 Pat Gallagher 5329 Arthur Gilbert Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 205 5330 Delwin Johnson 5331 Heather A. Ridle 5332 The Clean Energy Group 5333 Anonymous 5334 Terry Travers Davin 5335 Hilda Knowles 5336 Anonymous 5348 Priscilla Ivester 5349 Wendy Rosenau 5350 Erin Morgan 5351 Daniel Dougherty 5352 Chris Baeckstrom 5353, 5354 Lorri Carrell 5355 Anonymous 5356 Bernadine Bellmor 5357 Anna Gray 5358 Kathy Dato 5359 Victoria Hager Rose 5360 Chuck Abbate 5361 Doug Fogel 5362 Melissa Hester 5363 Henry Schrieber 5364 Robert Reed 5365 Bryant C. Danner, Edison International Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 206 5366 Stephen Johnson 5367 Wanda S. Ballentine 5368 James Jenkins 5369 Bev Stadick 5370 Robert L. Powers 5371 Julian Huerta 5372 Jesse Ayotte 5373 Nori Muster 5374 Ann Isaksen 5375 Bob Barcus 5376 137 mass campaign mailings, Sierra Club 5377 Eugene Dallas Gay 5378 Seth M. Robbins 5379 J. Michael Reisert 5380 William C. Mahaffey 5381 Michael L. Gourley 5382 Arthur F. Kistler 5383 Neil Anthony Busche 5384 Donald H. Miller 5385 Kathleen Doris Janacek 5386 Sean Conley 5387 Jeff Leibfreid 5388 Luke Allen Russell 5389 Joe Roger Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 207 5390 Mrs. Marian Buckner 5391 Clarence A. Petty 5392 James 5393 Cynthia Kobak 5394 Candice Peters 5395 Susan Scheppler 5396 R. Allen 5397 Ann Regel 5398 Barbara Voelker 5399 Bonnie J. Walling 5400 Luann Lindstrom 5401 Doug LaFullette 5402 2,100 mass campaign mailings, Sierra Club 5403 Whitney Parks 5404 John L. Stowell, Cinergy Corp 5405 Anonymous 5406 Edward J. Barton 5407 Aishaa Abdul Karim 5408 Deb Belmore 5409 Michele Theberge 5410 Linda Foster 5411 Jeff Quick, Utah Geological Survey, Utah 5412 Pauline Blocker, President, Save Our Sea Life Org, Inc.

5413, 5414 Jane K. Stahl, Connecticut DEP Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 208 5415 Cassidy Weyel 5416 Margaret Manzo 5417 Pala 5419 Pat 5420, 5565 John A. Paul, RAPCA 5421 Kevin Donnelly and John Belvins, Connecticut DNREC 5422 Charles B. Sedman, Consultant and Willard L. Goss, RJM Beaumont 5422 Robert L. Kappelman, Florida Municipal Electric Association Large Generator Coalition 5422 Robert L. Kappelmann, Florida Municipal Electric Association Large Generator Coalition 5423 Robert Ferguson, Center for Science and Public Policy 5424 Catherine Gay 5425 Robert F. Gruenig 5426, 5427 Charles B. Sedman, Consultant and Willard L. Goss, RJM Beaumont 5428 Charles T. Phillips 5429 5440 ADA Environmental Systems 5442 Robert Ferguson, Center for Science and Public Policy 5443, 5461 5463 Robert W. Golledge, Jr., Massachusetts DEP 5444 Anonymous 5445 Michael L. Marvin, Business Council for Sustainable Energy and John W. Jimison, U. S. Combined Heat and Power Association 5446 Mark H. Davies, Kennecott Energy Company 5447 Frederick D. Palmer and Rogert B. Walcott, Peabody Energy 5448 S. Morgan Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 209 5449 Ingeborg Eibl 5450 5454 Dr. Leonard Levin, Electric Power Research Institute 5455, 5512, 5513 Christine Berini, Fond du Lac Band of Lake Superior Chippewa 5455 Michael L. Marbin, Business Council for Sustainable Energy and John W. Jimison, US Combined Heat and Power Association 5456 Joe L. Citta, Jr., Nebraska Public Power District 5457, 5459, 5510 A. Todd Johnston, National Mining Association 5458 Carl Johnson, New York State Department of Environmental Conservation 5460, 5514, 5515 Eliot Spitzer, New York Attorney General; Richard Blumenthal, Connecticut Attorney General; Thomas F. Reilly, Massachusetts Attorney General; Connecticut Attorney General; Kelly A. Ayotte, New Hampshire Attorney General; William H. Sorrell, Vermont Attorney General; and Peggy A. Lautenschlager, Wisconsin Attorney General 5464 Nancy L. Seidman, STAPPA and Dennis J. McLerran, ALAPCO 5465 5468 Catherine A. O'Neill, Center for Progressive Regulation 5469 Quinlin J. Shea, Edison Electric Institute 5470 Charles Richardson 5471 Class of ` 85 Regulatory Response Group 5472 William Rogers, Detroit Edison Company 5473 National Rural Electric Cooperative Association 5474 Douglas J. Fulle, Oglethorpe Power Corporation 5475 Kathleen A. McGinty, Pennsylvania Department of Environmental Protection 5476 Charles J. Lippert, Mille Lacs Band of Ojibwe Indians 5477, 5479, 5480, 5481, 5483 Northeast States for Coordinated Air Use Management ( NESCAUM) Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 210 5478, 5547, 5548, 5562, 5630, 5631 Neal J. Cabral, McGuireWoods LLP, for American Coal for Balanced Mercury Regulation ( The Bituminous Coal Coalition)

5482 John W. Dwyer, Lignite Energy Council 5484 5487, 5489 C. M. Hobson, Southern Company 5488 Environmental Defense et al 5490 Shawn Glacken, TXU Power 5491, 5623, 5628, 5629 Sid Nelson Jr., Sorbent Technologies 5492 Bill Hoback, Illinois Department of Commerce and Economic Opportunity 5493 Edward C. Sullivan, AFL CIO 5494 C. V. Mathai, Arizona Public Service Company 5495 Tractebel Power Inc 5495 Tractebel Power Inc.

5496 Michael G. Cashin, Minnesota Power Company Allete 5497 Hunton and Williams LLP for Utility Air Regulatory Group 5498, 5499, 5501 Bill Edmonds, WEST Associates 5500, 5591 David C. Foerter, Institute for Clean Air Companies 5502 Richard Carlton, Paul Chu, Leonard Levin, George Offen, and Janice Yager, Electric Power Research Institute 5503 Susan Ford 5504, 5505, 5508, 5511 Alan E. Bland, Subbituminous Energy Coalition 5506, 5507 Brandy Toft, Leech Lake Band of Ojibwe 5509 Terry R. Yellig, Sherman, Dunn, Cohen, Liefer and Yellig for AFL CIO Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 211 5516, 5517 William L. Kovacs, U. S. Chamber of Commerce 5518 5530 Jeffery T. Underhill, New Hampshire Department of Environmental Services 5534 5540 Jon Devine, Natural Resources Defense Council 5542 Marshall E. Whitenton, National Association of Manufacturers 5543 5544 John W. Shipp, Jr., Tennessee Valley Authority 5545, 5546, 5590 Michael J. Nassi and Lloyd Gosselink for Gulf Coast Lignite Coalition 5550, 5551 5554 William O'Sullivan, New Jersey Department of Environmental Protection 5556, 5557 Steven E. Chester, Michigan Department of Environmental Quality 5558, 5559, 5589 Al Shea, Wisconsin Department of Natural Resources 5560, 5561 Edward A. Helme and Stacey E. Davis, Center for Clean Air Policy 5563 J. Stephen Hartsfield, National Tribal Air Association 5564 Joseph E. Euitizi, San Miguel Electric Cooperative, Inc.

5566 Felice Stadler, National Wildlife Federation 5567 3 mass campaign mailings 5568, 5569 Gypsum Association 5570 Melanie A. Marty, Children's Health Protection Advisory Committee 5571 Therese Pugh, American Public Power Association 5572 95 Mass campaign State PIRGs 5573 Anonymous 5574 Thomas Glynn El 5575 Alma Smith 5576 John Pamperin Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 212 5578 Carla D. Hanson 5579 Edward A. Pahnke 5580 Carol Wilson 5581 Jack Litka 5582 Tom Tomilson 5583 Michele E. Mukatis 5584 April Stouffer 5585 Diane G. Conway 5586 J. W. Ward 5587 Paul Cardran 5588 Helen Kalin Klanderud, Mayor, Aspen, Colorado 5592 2 mass campaign mailings, Sierra Club 5593 Bengt and Polly Ohman 5594 P. Vilinsky 5595 Cynthia Leahy 5596 Mindy Drossner 5597 Lillian and Charles Rhinehart 5598 Elizabeth Watts 5599 Miriam L. Wolin 5600 Richard Samuels 5601 Thomas Aldridge 5602 Marilyn R. Cornelius 5603 Kathryn Wild 5604 Daniel Byrd et al. Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 213 5605 Myfanwy Plank 5606 Marilyn Hamete 5607 Robert Francis Piazza 5608 Kathy Harty 5609 L. Jean Anderson 5610 Arthur O. Long 5611 Eleiza Parkson 5612 Marlene Boecken 5613 Jim DeCecco 5614 Paula Cardia 5615 Clerence Guerin 5616 Francis Volpe 5617 Violette B. Van Belle 5618 India Loevner 5619 Terrie Derstine 5620 Sharon Ford 5621 Kathleen Bailey 5625 Judy Valentine 5626 URS Group et al.

5627 Duke Power et al.

5632 Anonymous 5633 D. Roxey 5634 L. Wooldridge Table A 1 ( Continued)

Docket ID No. OAR 2002 0056 Commenter A 214 5768 Record of telephone comments received, weeks of March 29 June 18, 2004 1 Not applicable ( Interstate Air Quality Rule, New Source Review, Clean Air Planning Act, CAFÉ standards, nuclear waste). 2 Request for public hearing and/ or extension of comment period. 3 Public hearing testimony ( Chicago, IL; Philadelphia, PA; Research Triangle Park, NC; or Denver, CO).


[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31958-31961]
[FR Doc No: 2015-13657]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0442; FMCSA-2013-0443; FMCSA-2013-0444; FMCSA-
2013-0445; FMCSA-2014-0213; FMCSA-2014-0214; FMCSA-2014-0215; FMCSA-
2014-0216; FMCSA-2014-0378; FMCSA-2014-0379; FMCSA-2014-0380; FMCSA-
2014-0381; FMCSA-2014-0382]

Denial of Exemption Applications; Epilepsy and Seizure Disorders

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

ACTION: Notice of denial of applications for seizure exemptions.

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SUMMARY: FMCSA announces the denial of 36 individuals' applications for
exemptions from the rule prohibiting persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to operate a commercial motor
vehicle (CMV) from operating CMVs in interstate commerce. The reason
for each of the denials is listed after the individual's name.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (202)

366-4001, or via email at<EMAIL_ADDRESS>or by letter to FMCSA,
Room W64-113, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statutes allow the
Agency to renew exemptions at the end of the 2-year period. The 36
individuals listed in this notice have requested an exemption from the
epilepsy and seizure disorder standard in 49 CFR 391.41(b)(8), which
applies to drivers who operate CMVs as defined in 49 CFR 390.5, in
interstate commerce. Section 391.41(b)(8) states that a person is
qualified physically to drive a CMV if that person has no established
medical history or clinical diagnosis of epilepsy or any other
condition which is likely to cause the loss of consciousness or any
loss of ability to control a CMV.
    In order to make an evidence-based decision, FMCSA conducted a
comprehensive review of scientific literature and convened a panel of
medical experts in the field of neurology to evaluate key questions
regarding seizure and anti-seizure medication related to the safe
operation of a CMV. Previously, the Agency gathered evidence for
decision making concerning potential changes to the regulation by
conducting a comprehensive review of scientific literature that was
compiled into a report entitled, ``Evidence Report on Seizure Disorders
and Commercial Vehicle Driving'' (Evidence Report) [CD-ROM HD TL230.3
.E95 2007]. The Agency then convened a MEP in the field of neurology on
May 14-15, 2007, to review 49 CFR 391.41(b)(8) and the advisory
criteria regarding individuals who have experienced a seizure and the
2007 Evidence Report. The Evidence Report and the MEP recommendations
are published on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm under Seizure Disorders and are in the
docket for this notice. In reaching the determination to grant or deny
exemption requests for individuals who have experienced a seizure, the
Agency considered both current medical literature and information and
the 2007 recommendations of the Agency's Medical Expert Panel (MEP).

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended
criteria for evaluating whether an individual with epilepsy or a
seizure disorder should be allowed to operate a CMV.\1\ The MEP
recommendations are included in an appendix at the end of this notice
and in each of the previously published dockets.
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    \1\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
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    Epilepsy diagnosis. If there is an epilepsy diagnosis, the
applicant should be seizure-free for 8 years, on or off medication. If
the individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with an epilepsy diagnosis should be
performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure
(i.e., there is no known trigger for the seizure), the individual
should be seizure-free for 4 years, on or off medication. If the
individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with a single unprovoked seizure should be
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure
(i.e., there is a known reason for the seizure), the Agency should
consider specific criteria that fall into the following two categories:
low-risk factors for recurrence and moderate-to-high risk factors for
recurrence.
     Examples of low-risk factors for recurrence include
seizures that were caused by a medication; by non-penetrating head
injury with loss of consciousness less than or equal to 30 minutes; by
a brief loss of consciousness not likely to recur while driving; by
metabolic derangement not likely to recur; or by alcohol or illicit
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence
include seizures caused by non-penetrating head injury with loss of
consciousness or amnesia greater than 30 minutes or penetrating head
injury; intracerebral hemorrhage associated with a stroke or trauma;
infections; intracranial hemorrhage; post-operative complications from
brain surgery with significant brain hemorrhage; brain tumor; or
stroke.
    The MEP report indicates that individuals with moderate to high-
risk conditions should not be certified. Drivers with a history of a
single provoked seizure with low risk factors for recurrence should be
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the
Medical Review Board (MRB) for consideration. The MRB reviewed and
considered the 2007 ``Seizure Disorders and Commercial Driver Safety''
evidence report and the 2007 MEP recommendations. The MRB recommended
maintaining the current advisory criteria, which provide that ``drivers
with a history of epilepsy/seizures off anti-seizure medication and
seizure-free for 10 years may be qualified to drive a CMV in interstate
commerce. Interstate drivers with a history of a single unprovoked
seizure may be qualified to drive a CMV in interstate commerce if
seizure-free and off anti-seizure medication for a 5 year period or
more'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but
believes current relevant medical evidence supports a less conservative
approach. The medical advisory criteria for epilepsy and other seizure
or loss of consciousness episodes was based on the 1988 ``Conference of
Neurological Disorders and Commercial Driving'' (NITS Accession No.
PB89-158950/AS). A copy of the report can be found in the docket
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a
seizure the same, regardless of individual medical conditions and
circumstances. In addition, the recommendation to continue prohibiting
drivers who are taking anti-seizure medication from operating a CMV in
interstate commerce does not consider a driver's actual seizure history
and time since the last seizure. The Agency has decided to use the 2007
MEP recommendations as the basis for evaluating applications for an
exemption from the seizure regulation on an individual, case-by-case
basis. The disposition of applications announced in this notice applies
the 2007 MEP recommendations.

Denials and Reasons

     The following driver was listed previously in Federal
Register Notice

FMCSA-2013-0442 published on February 25, 2014:
    Bryan Puterbaugh--Mr. Puterbaugh has a history of epilepsy. His
last seizure was in 2002. His anti-seizure medication was discontinued
in 2008. He does not meet the MEP guidelines at this time.
     The following driver was listed previously in Federal
Register Notice FMCSA-2013-0443 published on March 21, 2014:
    Scott Smith--Mr. Smith has a history of seizure disorder. His last
seizure was in 2002. His anti-seizure medication was discontinued 2012.
He does not meet the MEP guidelines at this time.
     The following driver was listed previously in Federal
Register Notice FMCSA-2013-0444 published on May 13, 2014:
    Earnest Williams--Mr. Williams has a history of epilepsy. His last
seizure was in 2001. His anti-seizure medication was discontinued in
2010. He does not meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal
Register Notice FMCSA-2014-0213 published on August 12, 2014:
    Brian Brown--Mr. Brown has a history of seizure disorder. His last
seizure was October 2008. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
    Adam Schultz--Mr. Schultz has a history of epilepsy. His last
seizure was November 2009. He takes anti-seizure medication. He does
not meet the MEP guidelines at this time.
     The following driver was listed previously in Federal
Register Notice FMCSA-2014-0214 published on September 18, 2014:
    Michael LaPlante--Mr. LaPlante has a history of epilepsy. His last
seizure was June 2011. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal
Register Notice FMCSA-2014-0215 published on September 9, 2014:
    Brian Bose--Mr. Bose has a history of epilepsy secondary to a right
frontal lobe meningioma which was resected in 1997 and again in 2014.
He had a postoperative seizure in 2014. He does not meet the MEP
guidelines at this time.
    Aimee-Christine Bjornstad--Ms. Bjornstad has a history of epilepsy.
Her last seizure was August 2008. She takes anti-seizure medication.
She does not meet the MEP guidelines at this time.
    Todd Riel--Mr. Riel has a history of seizure disorder. His last
seizure was September 2011. He takes anti-seizure medication. He does
not meet the MEP guidelines at this time.
    Tory Shuler--Mr. Shuler has a history of seizure disorder. His last
seizure was October 2012. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
     The following driver was listed previously in Federal
Register Notice FMCSA-2014-0216 published on October 1, 2014:
    David Allen Mitchell--Mr. Mitchell has a history of seizure
disorder due to a frontal craniotomy aneurysm clipping. His last
seizure was approximately four years ago. He takes anti-seizure
medication. He does not meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal
Register Notice FMCSA-2014-0378 published on October 27, 2014:
    Jason McKenna Sr.--Mr. McKenna has a history of seizure disorder.
His last seizure was July 2010. He takes anti-seizure medication. He
does not meet the MEP guidelines at this time.
    Bobby Shane Walker--Mr. Walker has a history of seizure disorder.
His last seizure was in 1990, however in 2014 he became suddenly
incapacitated while driving and suffered a minor crash. He does not
meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal
Register Notice FMCSA-2014-0379 published on November 24, 2014:
    Keith Boelter--Mr. Boelter has a history of epilepsy. His last
seizure was May 2014. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
    Philip Canales, Jr.--Mr. Canales has a history of a seizure 30
years ago after a severe post traumatic brain injury. His doctor stated
that in 2009 he suffered three brief spells in which he felt funny. It
is unclear if these three brief spells were seizures. He takes anti-
seizure medication. He does not meet the MEP guidelines at this time.
    Gerald Hodge--Mr. Hodge has a history of seizure disorder. His last
seizure was in 2012. He takes anti-seizure medication. He does not meet
the MEP guidelines at this time.
    Donald Horst--Mr. Horst has a history of seizure disorder. His last
seizure was July 2008. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
    David Satchell--Mr. Satchell has a history of seizure disorder. His
last seizure was September 2013. He takes anti-seizure medication. He
does not meet the MEP guidelines at this time.
    Eric Schams--Mr. Schams has a history of seizure disorder. His last
seizure was September 2013. He takes anti-seizure medication. He does
not meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal
Register Notice FMCSA-2014-0380 published on January 22, 2015:
    Allen James Broll--Mr. Broll has a history of having two
spontaneous subdural hematomas. He has no history of seizure. He takes
anti-seizure medication as a prophylactic measure. He does not meet the
MEP guidelines at this time.
    Mark A. Grafton--Mr. Grafton has a history of a seizure in 2014,
secondary to a stroke. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
    Zachary Kyle Griffin--Mr. Griffin has a history of post-traumatic
seizure disorder. His last seizure was 2009. He takes anti-seizure
medication. He does not meet the MEP guidelines at this time.
    Matthew M. Lohman--Mr. Lohman has a history of seizures. His last
seizure was in 2011. He takes anti-seizure medication. He does not meet
the MEP guidelines at this time.
    Nicholas Blake Malott--Mr. Malott has a history of a seizure
disorder. His last seizure was in 2014. He takes anti-seizure
medication. He does not meet the MEP guidelines at this time.
    Kevin W. Mathis--Mr. Mathis has a history of epilepsy. His last
seizure was in 2012. He takes anti-seizure medication. He does not meet
the MEP guidelines at this time.
    Jason R. McKenzie--Mr. McKenzie has a history of seizures. His last
seizure was in 2012. He takes anti-seizure medication. He does not meet
the MEP guidelines at this time.
    Steven R. Plummer--Mr. Plummer has a history of a movement disorder
with symptoms of unsteadiness and muscle twitching. He has no history
of seizure. He takes anti-seizure medication for his movement disorder.
He does not meet the MEP guidelines at this time.
    Clinton James Howard Sheller--Mr. Sheller has a history of a
seizure disorder. His last seizure was in 2010. He takes anti-seizure
medication. He does not meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal
Register Notice FMCSA-2014-0381 published on February 4, 2015.
    Bryant Justin Carter--Mr. Carter has a history of seizure. His last
seizure was in 2012. He does not take anti-seizure medication. He does
not meet the MEP guidelines at this time.

    Richard A. Frazier, Jr.--Mr. Frazier has a history of an episode of
loss of consciousness in 2013. He takes anti-seizure medication. He
does not meet the MEP guidelines at this time.
    Emanuel Villegas--Mr. Villegas has a history of seizures. His last
seizure was in 2013. He takes anti-seizure medication. He does not meet
the MEP guidelines at this time.
     The following drivers were listed previously in Federal
Register Notice FMCSA-2014-0382 published on April 13, 2015.
    Cody A. Baker--Mr. Baker has a history of a seizure disorder. His
last seizure was in 2010. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
    Glenn M. Gervais--Mr. Gervais has a history of a seizure disorder.
His last seizure was in 2011. He takes anti-seizure medication. He does
not meet the MEP guidelines at this time.
    Robert I. Keene, Jr.--Mr. Keene has a history of a seizure
disorder. His last seizure was in 2012. He takes anti-seizure
medication. He does not meet the MEP guidelines at this time.
    Larry T. Lintelman--Mr. Lintelman has a history of a seizure
disorder. His last seizure was in 2011. He takes anti-seizure
medication. He does not meet the MEP guidelines at this time.
    Robert R. Rosebrough, Jr.--Mr. Rosebrough has a history of
epilepsy. His last seizure was in 2014. He takes anti-seizure
medication. He does not meet the MEP guidelines at this time.

    Issued on: May 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-13657 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Proposed Rules]
[Pages 60386-60389]
[FR Doc No: 2018-25679]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0596; FRL-9986-94-Region 10]

Air Plan Approval; OR: Lane County Outdoor Burning and
Enforcement Procedure Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
and incorporate by reference (IBR) into the Oregon State Implementation
Plan (SIP) the Lane Regional Air Protection Agency's (LRAPA) revised
outdoor burning rule submitted by the Oregon Department of
Environmental Quality (ODEQ) on July 19, 2018. The revised rule, as it
applies in Lane County, Oregon, clarifies terminology and provides
additional controls of outdoor burning activities, reducing particulate
emissions and strengthening the Oregon SIP. In addition, the EPA
proposes to approve but not IBR the enforcement procedures and civil
penalties rule for LRAPA submitted by the ODEQ on September 25, 2018.
The revised rule contains revisions that bring enforcement procedures
and civil penalties rule into alignment with recent changes in Oregon
State regulations.

DATES: Comments must be received on or before December 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0596, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski at<PHONE_NUMBER>, or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Evaluation of Revisions
    A. Title 47: Outdoor Burning
    B. Title 15: Enforcement Procedures and Civil Penalties
III. Proposed Action
IV. Incorporation by Reference
V. Oregon Notice Provision
VI. Statutory and Executive Order Reviews

I. Background

    Each State has a Clean Air Act (CAA) State Implementation Plan
(SIP), containing the control measures and strategies used to attain
and maintain the national ambient air quality standards (NAAQS)
established for the criteria pollutants (carbon monoxide, lead,
nitrogen dioxide, ozone, particulate matter, sulfur dioxide). The SIP
contains such elements as air pollution control regulations, emission
inventories, attainment demonstrations, and enforcement mechanisms. The
SIP is a compilation of these elements and is revised and updated by a
State over time--to keep pace with Federal requirements and to address
changing air quality issues in that State.
    The Oregon Department of Environmental Quality (ODEQ) implements
and enforces the Oregon SIP through rules set out in Chapter 340 of the
Oregon Administrative Rules (OAR), Divisions 200 to 268, apply in all
areas of the State, except where the Oregon Environmental Quality
Commission (EQC) has designated Lane Regional Air Protection Agency
(LRAPA) to administer rules within its area of jurisdiction.
    LRAPA has been designated by the EQC to implement and enforce State
rules in Lane County, and to adopt local rules that apply within Lane
County. LRAPA may promulgate a local rule in lieu of a State rule
provided: (1) it is as strict as the corresponding State rule; and (2)
it has been submitted to and approved by the EQC. This delegation of
authority to LRAPA in the Oregon SIP is consistent with CAA section
110(a)(2)(E) requirements for State and local air agencies.
    On July 19, 2018 and September 25, 2018, the ODEQ and LRAPA
submitted revisions to the Oregon SIP as it applies in Lane County.
These changes update the LRAPA Title 47 outdoor burning rule providing
clarification and additional controls of outdoor burning activities in
Lane County and align the Title 15 enforcement procedure and civil
penalties rule with recently approved State rules in OAR Chapter 340,
Division12 (80 FR 64346, October 23, 2015).

II. Evaluation of Revisions

A. Title 47: Outdoor Burning

    LRAPA regulates outdoor burning throughout Lane County, Oregon,
except for agricultural burning, forest slash burning permitted by the
Oregon Department of Forestry or U.S. Forest Service, and fire
department training burns. The LRAPA Title 47 outdoor burning rule,
most recently approved by the EPA on October 23, 2015, is an element of
the SIP strategy outlining how Oregon will meet Federal air quality
standards to protect public health and the environment (80 FR 64346).
In general, the revised LRAPA outdoor burning rule provides for
additional controls of outdoor burning activities in Lane County,
Oregon. In addition, the submitted revisions make clarifications,
incorporate housekeeping changes that eliminate duplicative text,
change the ``open burning'' reference to ``outdoor burning'', separate
the reference of Eugene-Springfield Urban Growth Boundary (ESUGB) to
the Eugene Urban Growth Boundary (UGB) and the Springfield UGB (noting
each as a separate and distinct UGB), clean up typographical errors,
and format and renumber sections and paragraphs. The key substantive
changes are discussed below.
General
    LRAPA revised the general policy section of Title 47, Section 47-
001 to clarify the outdoor burning rule applies in Lane County in
accordance with OAR<PHONE_NUMBER>(1). This State rule establishes the
outdoor burning requirements in Lane County are not to be less
stringent than Oregon's rule and prohibits LRAPA from regulating
agricultural outdoor burning. In addition, LRAPA added ``bonfires'' and
``ecological conversion'' to the list of outdoor burning categories to
provide clarification and a more complete list of what types of permits
LRAPA issues for outdoor burning,
Exemptions
    LRAPA revised the agricultural outdoor burning exemption language
in Section 47-005 to align with OAR<PHONE_NUMBER> and ORS 468A.020 and
made clear that this type of burning is still subject to the
requirements and prohibitions of local jurisdictions and the State Fire
Marshal. The exemption for recreational fires on private property or in
designated recreational areas was tightened in two ways: the
prohibition on recreational fires on yellow and red home wood heating
advisory days now extends from at least October through May (as opposed
to November through February in the current SIP) and now applies in the
Oakridge Urban Growth Boundary (in addition to within the Eugene and
Springfield Urban Growth Boundaries and the city limits of Oakridge).
Although outdoor barbequing remains exempt, woody yard trimmings,
leaves and grass clippings may no longer be burned as fuel. Religious
ceremonial fires remain exempt; however, LRAPA clarified the allowable
size, location, and fuel source. Larger fires are to be permitted under
the ``Bonfire'' requirement under Section 47-020 Outdoor Burning Letter
Permit. LRAPA expects religious ceremonial fires to occur infrequently
and the definition requires that such fires be controlled, be
``integral to a religious ceremony or ritual,'' and that prohibited
materials not be burned.
Definitions
    In general, the revisions to LRAPA's definitions in Section 47-010
clarify the types of burn categories, and further define restrictions
and burn boundaries. For example, the ``bonfire'' definition
establishes the size of a controlled outdoor fire to be larger than 3
feet in diameter and 2 feet in height. This helps to distinguish
between what is allowed as a bonfire, or what is considered
``recreational'' or ``religious ceremonial''. LRAPA also clarified that
a bonfire cannot serve as a disposal for prohibited materials listed in
Section 47-015(1)(e). LRAPA bounded the definition of ``religious
ceremonial fire'', setting limits on pile size, defining materials that
can and cannot be burned and defining where the burn can take place.
Finally, LRAPA defined ``outdoor burning letter permit'', issued
pursuant to Section 47-020, to authorize burning of select materials at
a defined site and under certain conditions. These updates provide
clarification designed to enhance the enforceability of the rule. We
propose to approve the submitted revisions to Title 47 definitions
because the changes strengthen the SIP and are consistent with the CAA.
Outdoor Burning Requirements
    LRAPA Section 47-015 contains most of the general requirements for
all outdoor burning and specific requirements for the following burn
types: residential, construction and demolition, commercial,
industrial, and forest slash. The general outdoor burning requirements
have been made more stringent in many respects. First, subsection 47-
015(1)(e) regarding prohibited materials has been expanded to broadly
prohibit the burning of items which, when burned, normally emit dense
smoke noxious odors, or hazardous air contaminants, and specifically
adds cardboard, clothing and grass clippings to the list of such items.
The prohibition on the outdoor burning of cardboard and clothing was
included to be at least as stringent with OAR<PHONE_NUMBER>. In
addition, a new provision was added, Section 47-015(1)(i), which
prohibits the outdoor burning in barrels throughout Lane County.
    Residential outdoor burning is allowed only on approved burning
days with the start and end times for burning set as part of the daily
burning advisory issued by LRAPA. The previous start and end times,
beginning at sunrise and extending until sunset, were eliminated to
avoid misinterpretation of the hours set by the LRAPA outdoor burning
advisory, which generally allows the burn to commence a minimum of
several hours after sunrise and requires the burn to be extinguished at
least several hours prior to sunset.
    LRAPA also added and expanded several provisions defining outdoor
burning limits for the cities of Eugene, Springfield, Oakridge and
Lowell and their associated urban growth boundaries; and the cities of
Coburg, Cottage Grove, Creswell, Dunes City, Junction City, Veneta and
Westfir. For example, LRAPA expanded outdoor burning limits from the
Eugene city limits to the Eugene UGB, except that outdoor burning of
wood yard trimmings is allowed on lots of two acres or more. The
outdoor burning prohibition for Springfield was expanded to include the
UGB, except that outdoor burning of woody yard trimmings is allowed on
lots of one half acre or more. The Oakridge outdoor burning boundary
was also expanded to include the UGB. In addition, LRAPA added that
outdoor burning within Florence city limits is prohibited per Florence
city ordinance. These changes strengthen the previous rule, which only
restricted the burning of woody yard trimmings within the Eugene and
Springfield city limits and as otherwise prohibited by some city fire
codes. LRAPA's approved burn days are still from March 1 through June
15 and October 1 through October 31. LRAPA also formalized the
prohibition of the outdoor burning of grass clippings throughout Lane
County; however, the outdoor burning of fallen leaves and woody yard
trimmings is still allowed, subject to restrictions based on time and
location.
    In general, these revisions impose more stringent requirements on
additional geographic areas, increasing the overall stringency of the
restrictions on outdoor burning, and the EPA

proposes to approve them as consistent with CAA requirements.
Letter Permits
    Section 47-020 authorizes certain types of outdoor burning under
letter permits issued by LRAPA. Section 47-020(2) has been amended,
increasing the fees for letter permits issued for outdoor burning of
standing vegetation from $100 to $1,000. A new provision in Section 47-
020(2) authorizes the Director to compromise on the permit fee, on a
case by case basis, based on set factors. In addition, Subsection 47-
020(4) was amended to increase the permit fee for outdoor burning from
$4 per cubic year to $10 per cubic yard, with a minimum fee of $100.
The fee applies to all outdoor burning except for prescribed burning of
standing vegetation, which is addressed in Section 47-010(2).
    The EPA proposes to find the revised LRAPA Title 47 outdoor burning
rule provides for additional controls on outdoor burning which are
designed to reduce particulate emissions in Lane County and strengthen
Oregon's SIP. Based on the EPA's review and analysis of the revised
rule, the EPA is proposing to approve the submitted Title 47 revisions
to the Oregon SIP for Lane County as meeting the requirements of
section 110 of the Clean Air Act.
Rules not Appropriate for SIP Approval
    Title 47 contains several provisions that are not appropriate for
SIP approval, including but not limited to nuisance, fire safety, and
Title V. The EPA's authority to approve SIPs extends to provisions
related to attainment and maintenance of the NAAQS and carrying out
other specific requirements of section 110 of the CAA. In this action,
the EPA is not approving into the SIP the following provisions of Title
47 because they are inappropriate for SIP approval: LRAPA 47-010--
definition of ``nuisance''; LRAPA 47-015(1)(d); LRAPA 47-015(1)(h);
LRAPA 47-020(3); LRAPA 47-020(9)(i); and LRAPA 47-020(10) (80 FR 64346,
October 23, 2015).

B. Title 15: Enforcement Procedure and Civil Penalties

    Title 15 outlines enforcement procedures and civil penalty
provisions that apply to air quality regulations implemented by LRAPA
and approved by the EPA into the SIP. Title 15 provides the authority
and procedures under which LRAPA notifies regulated entities of
violations, determines the appropriate penalties for violations, and
assesses penalties for such violations.
    LRAPA updated Title 15 to correspond to the State enforcement rule
in OAR Chapter 340, Division 12, approved by the EPA on October 23,
2015 (80 FR 64346). LRAPA revisions implement legislative increases in
statutory maximum penalties, align violation classifications and
magnitudes with program priorities, and provide greater mitigating
credit for correcting violations. In addition, the rules incorporate
housekeeping changes that include eliminating duplicative text,
changing references from ``the Agency'' to ``LRAPA'' and ``open
burning'' to ``outdoor burning'', formatting and renumbering the
sections and paragraphs, and cleaning up typographical errors. The key
substantive changes are discussed below.
    Overall, LRAPA aligned its definitions with those in the
corresponding State rule recently reviewed and approved by the EPA on
October 23, 2015 (80 FR 64346). Key definition changes include adding
definitions for ``alleged violation'', ``conduct'', ``notice of civil
penalty assessment'', ``residential owner-occupant'' and ``willful''
and removing the term ``risk of harm''. To mirror the State's
definition, LRAPA revised the term ``magnitude of the violation'' by
removing language that is procedural in nature. Detailed procedures are
centralized in Section 15-030 Civil Penalty Determination Procedure
(Mitigating and Aggravating Factors). LRAPA also simplified the
definition of ``violation'' to remove redundant language defining the
three classes of violation (class I, II and III).
    The submitted revisions also include several rule sections revised
to be consistent with OAR Chapter 340, Division 12. LRAPA revised
Section 15.018 Notice of Permit Violations and Exceptions to align with
OAR<PHONE_NUMBER> by including language requiring no advance notice
prior to assessment of a civil penalty if the permittee has an Air
Contaminant Discharge Permit (ACDP) condition that implements the SIP
under the CAA and the permit violation would disqualify a State program
from Federal approval or delegation.
    Section 15.025 Civil Penalty Matrices was revised to align with
State civil penalties in OAR<PHONE_NUMBER>. The LRAPA penalty matrices
and applications were updated to directly reflect Oregon's SIP-approved
penalty amounts. LRAPA also amended Section 15.030 Civil Penalty
Determination to provide the director the discretion to increase the
penalty amount to $25,000 per violation per day of violation to
correspond with OAR<PHONE_NUMBER>(4). In addition, the civil penalty
formulation factors were updated to mirror language in OAR<PHONE_NUMBER>
and OAR<PHONE_NUMBER>. The submitted revisions increase the additional
civil penalties for violations that pose an extreme hazard to public
health or cause extensive environmental damage to mirror those in OAR
340-200-012-0155. As stated in Section 15-045, nothing in Title 15 is
intended to preclude LRAPA from assessing a penalty of up to the
maximum allowed for the violation by Oregon Revised Statutes 468 (ORS
468).
    LRAPA also aligned Section 15.060 Selected Magnitude Categories
with the State SIP-approved language in OAR<PHONE_NUMBER> by removing a
duplicative table defining significant emission rate amounts for
selected air pollutant magnitude determinations. This information can
now be found in LRAPA's Title 12, Tables 2 and 3.
    The EPA has reviewed the revisions to the LRAPA Title 15
enforcement procedures and civil penalties rule and finds the rule
continues to provide LRAPA with adequate authority to enforce the SIP
as required by section 110 of the Clean Air Act. The EPA therefore
proposes to approve into the SIP the revisions to Title 15 to the
extent the provisions relate to section 110 of the CAA and determining
compliance with and for purposes of implementation of SIP-approved
requirements. We note that we are not incorporating Title 15 by
reference into the Code of Federal Regulations (CFR). These types of
rules are generally not incorporated by reference into the CFR because
they may conflict with the EPA's independent administrative and
enforcement procedures under the CAA.

III. Proposed Action

    We propose to approve and incorporate by reference into the Oregon
SIP the submitted revisions to the LRAPA Title 47 outdoor burning rule,
Sections 001, 005, 010 (except the definition of ``nuisance''), 015
(except (1)(d) and (1)(h)), and 020 (except (3), (9)(i), and (10)).
These rules were State effective July 13, 2018 and submitted to the EPA
by the ODEQ and LRAPA on July 19, 2018.
    We also propose to approve, but not incorporate by reference, the
submitted revisions to the LRAPA Title 15 enforcement procedures and
civil penalty rule, Sections 001, 005, 015, 018, 020, 025, 030, 035,
040, 045, 055, 057, 060, and 065. These rules were State effective on
September 14, 2018, and submitted by the ODEQ and LRAPA on September
25, 2018. They align LRAPA's Title 15 rule with the ODEQ's

Division 12 and provide LRAPA with authority needed for SIP approval.

IV. Incorporation by Reference

    In this document, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, we are proposing to incorporate by
reference the provisions described above in Section III. Proposed
Action. The EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).

V. Oregon Notice Provision

    Oregon Revised Statute 468.126 prohibits the ODEQ from imposing a
penalty for violation of an air, water or solid waste permit unless the
source has been provided five days' advanced written notice of the
violation and has not come into compliance or submitted a compliance
schedule within that five-day period. By its terms, the statute does
not apply to Oregon's title V program or to any program if application
of the notice provision would disqualify the program from Federal
delegation. Oregon has previously confirmed that, because application
of the notice provision would preclude EPA approval of the Oregon SIP,
no advance notice is required for violation of SIP requirements.

VI. 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, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed 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 proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 this action does not involve technical standards; and
     Does not provide the 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).
    The proposed SIP would not be 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 proposed 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 9, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-25679 Filed 11-23-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Notices]
[Page 75167-75168]
[DOCID:fr10de08-112]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requirements (ICRs) abstracted below have been forwarded to
the Office of Management and Budget (OMB) for review and comment. Each
ICR describes the nature of the information collection and its expected
burden. The Federal Register notice with a 60-day comment period
soliciting comments on the collection of information listed below was
published on October 2, 2008 (See 73 FR 57404).

DATES: Comments must be submitted on or before January 9, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590 (telephone:
(202) 493-6292), or Ms. Nakia Jackson, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6073). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law No. 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as
revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5
CFR Part 1320, require Federal agencies to issue two notices seeking
public comment on information collection activities before OMB may
approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On October 2, 2008, FRA published a 60-day
notice in the Federal Register soliciting comment on ICRs that the
agency was seeking OMB approval. 73 FR 57404. FRA received one letter
in response to this notice.
    The letter came from Mr. Freddie Simpson, President of the
Brotherhood of Maintenance of Way Employes Division (BMWED). The BMWED
is a labor organization representing approximately 35,000 railroad
workers who build, maintain, inspect, and repair railroad tracks,
bridges, and related railroad infrastructure throughout the United
States. In his comments, Mr. Simpson noted the following:

    BMWED is a charter member of the Rail Safety Advisory Committee
(RSAC) and a voting member of the RSAC Railroad Bridge Working Group
(RBWG). The RBWG is tasked by FRA to ``report to the Federal
Railroad Administration on the current state of Railroad bridge
safety management, updating the findings and conclusions of the 1993
Summary Report of the FRA Railroad Bridge Safety Survey, including
recommendations for further action.''
    BMWED believes the information collection activities outlined in
the OMB Control Number 2130--New are necessary for FRA and RBWG to
properly execute its functions. BMWED also believes the information
collection activities will have practical utility in assessing the
current state of railroad bridge safety management and that the
anticipated surveys and evaluations of selected railroad bridge
management programs is vital to such assessment. Finally, BMWED
believes FRA's estimates of the burden of such information
collection activities are reasonable, sound, and minimally
burdensome.

    The information to be collected and weighting factors to be applied
thereupon are presently being reviewed by the American Short Line and
Regional Railroad Association (ASLRRA) Bridge Committee. This committee
is composed of the chief bridge engineers from the seven Class I
railroads and Amtrak, representatives of Class II regional and Class
III shot line railroads, consulting engineers, and industry suppliers.
FRA will consider the recommendations of the ASLRRA Bridge Committee in
this regard.
    Before OMB decides whether to approve this proposed collection of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summaries below describe the nature of the information
collection requirements (ICRs) and the expected burden. The proposed
requirements are being submitted for clearance by OMB as required by
the PRA.
    Title: Factors for Selection of Railroads for Evaluation of Bridge
Management Practices.
    OMB Control Number: 2130--New.
    Type of Request: Regular approval of a proposed collection of
information.
    Affected Public: Railroads.
    Form(s): FRA F 6180.129.
    Abstract: The Federal Railroad Administration (FRA) has conducted a
Railroad Bridge Safety Program at various levels of effort ever since
the enactment of the Railroad Safety Act of

1970. FRA is authorized under that act to issue regulations addressing
a wide variety of subjects regarding railroad safety, but FRA has found
that bridge safety has been well served by a non-regulatory policy.
    The resulting Statement of Agency Policy on the Safety of Railroad
Bridges, published in the Federal Register in 2000, is based on the
findings of a survey conducted by FRA in 1992 and 1993. That survey
showed that a large majority of railroads were managing their bridges
in a manner which promoted the immediate safety of those bridges. FRA
therefore adopted that Bridge Safety Policy, which incorporates non-
regulatory guidelines. The non-regulatory guidelines of the Bridge
Safety Policy are promulgated as Appendix C of the Federal Track Safety
Standards, Title 49 Code of Federal Regulations, Part 213.
    Since the initial bridge management survey was completed, FRA has
continued to conduct evaluations of the bridge management practices of
the Nation's railroads. Regular, continuing contact has been in place
between FRA and the larger railroads (Class I and major passenger
carriers). However, the selection of smaller railroads (Class III short
lines and smaller Class II regional railroads) has been on an ad hoc
basis. FRA has based decisions to evaluate individual smaller railroads
on recommendations from FRA regional staff, complaints from the public,
and the small number of bridge-related train accidents.
    The Government Accountability Office (GAO) in 2006 and 2007
conducted a study to evaluate the safety and serviceability of our
Nation's railroad bridges and tunnels. GAO reported to the Congress on
that study in August 2007. That report, ``RAILROAD BRIDGES AND
TUNNELS--Federal Role in Providing Safety Oversight and Freight
Infrastructure Investment Could Be Better Targeted'' includes the
following recommendation:

    To enhance the effectiveness of its bridge and tunnel safety
oversight function, we recommend that the Secretary of
Transportation direct the Administrator of the Federal Railroad
Administration to devise a systematic, consistent, risk-based
methodology for selecting railroads for its bridge safety surveys to
ensure that it includes railroads that are at higher risk of not
following the FRA's bridge safety guidelines and of having bridge
and tunnel safety issues.

FRA agrees with that recommendation, and is implementing it.
    A vital part of that methodology is the development of information
on which to base the factors by which railroads will be selected for
surveys and evaluations. The factors developed by FRA, in conjunction
with the railroads themselves, include such statistics as the length of
a railroad in miles, the number, types and total length of its bridges,
its level of traffic, the presence of hazardous material traffic, the
operation of passenger trains, and the railroad's record of train
accidents. Several of those factors, particularly regarding the
railroad's bridge population, are not found in data already held or
collected by FRA.
    An attempt to characterize the selection factors without
incorporating that data on a railroad's bridge population would
seriously compromise the accuracy and usefulness of the information.
FRA has, therefore, determined that the effectiveness of its bridge
safety program depends on this data, and has identified two options for
collecting it. In one case, FRA inspectors could visit each railroad in
turn, interview the managers of the railroad, and record the
information presented. In the other case, FRA could request that each
railroad provide its data to FRA in a convenient format.
    FRA believes that the second option, self-reporting by the
railroads, is more convenient for the responding universe, and that it
represents the most efficient use of agency resources. Railroad
managers will be able to gather the data on their own time schedules,
within reason, and FRA would not have to devote employee time and
travel expenses to visit the responding railroads.
    FRA will use the data received in this project to rank individual
railroads for scheduling bridge program evaluations by FRA's Bridge
Safety Staff. The data will be analyzed against weighting factors, and
railroads will be prioritized according to the resulting scores. The
weighting factors are presently being reviewed by a committee of the
American Short Line and Regional Railroad Association (ASLRRA). FRA
will consider the recommendation of ASLRRA in this regard, and will
make the weighting factors available to the respondent universe and the
public as part of this project.
    It should be noted that a high selection ranking of any railroad by
FRA will not necessarily indicate that the railroad has a bridge safety
problem. That determination, one way or the other, will only be made by
FRA during its evaluation of that railroad's bridge management
practices.
    Annual Estimated Burden: 1,500 hours.
    Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street, NW., Washington, DC 20503;
Attention: FRA Desk Officer. Comments may also be sent via e-mail to
the Office of Information and Regulatory Affairs (OIRA) of the Office
of Management and Budget at the following address: oira_
<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of FRA, including whether the information will have
practical utility; the accuracy of FRA's estimates of the burden of the
proposed information collections; ways to enhance the quality, utility,
and clarity of the information to be collected; and ways to minimize
the burden of the collections of information on respondents, including
the use of automated collection techniques or other forms of
information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on December 3, 2008.
Martin J. Eble,
Acting Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E8-29036 Filed 12-9-08; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Page 38264]
[FR Doc No: 2016-13872]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2016-0069]

Agency Information Collection Activities: Request for Comments;
Clearance of a New Information Collection(s): U.S. Department of
Transportation Accessibility Concern Form

AGENCY:  Department of Transportation--Office of the Secretary.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1994, (44
U.S.C. 3501 et seq.), this notice announces the U.S. Department of
Transportation's (DOT) intention to request the Office of Management
and Budget's (OMB) approval for the utilization of the U.S. Department
of Transportation Accessibility Concern Form when reporting
accessibility challenges faced during travel on our Nation's streets,
sidewalks, crosswalks, buses, trains, airports, and planes. The system
will provide an accessible, coordinated, and seamless web-based portal
for the traveling public to submit accessibility problems or challenges
they face during travel on the Nation's streets, sidewalks, crosswalks,
buses, trains, airports, and planes. The establishment of the system is
in response the President's National Council on Disability (NCD)
Report, ``Transition Update: Where We've Been and What We've Learned,''
released in 2015, as well as a letter to the Secretary of
Transportation from the NCD dated May 12, 2015. The information
received through the system will strengthen DOT's ability to understand
the challenges and impacts that passengers with disabilities face every
day when they use our nation' transportation systems.

DATES: Comments on this notice must be received by August 12, 2016.

ADDRESSES: You may submit comments identified by Docket No. DOT-OST-
2016-0069 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590.
     Hand Delivery: Docket Management Facility, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, excepted on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Yvette Rivera, Departmental Office of
Civil Rights, Office of the Secretary, U.S. Department of
Transportation, 1200 new Jersey Avenue SE., Washington, DC 20590; 202-
366-4648<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: XXXX-NEW.
    Title: Transportation Accessibility Concern Form.
    Form Numbers: None.
    Type of Review: OMB Approval.
    Background: The current process for submitting concerns about
American with Disabilities Act, as amended, (ADA) and other related
civil rights violations is fragmented across the Department--sometimes
being time consuming and cumbersome for the traveling public.
Establishing a streamlined and consistent process would respond
directly to the President's National Council on Disability, and more
importantly, the information received through this new system would
strengthen our ability to understand the challenges and impacts that
persons with disabilities face every day as they travel using our
nation's transportation systems. This would also offer significant
improvements to ensuring that access to all modes of transportation is
available to persons with disabilities and members of the public.
    Estimated Number of Respondents: the U.S. Department of
Transportation currently collects data on ADA and other civil rights-
related concerns based on information provided by the public via
written submission, or through a toll-free telephone number. Based on
our analysis of data collected through present formats, DOT receives
approximately 850 separate responses from the general public on
accessibility-related concerns, including:
     150 pieces of correspondence on one-time accessibility-
related incidents
     120 email messages
     400 telephone calls
     172 formal accessibility-related complaints.
    Currently, the estimated Total Burden on Respondents: 15 to 30
minutes per submission.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including, (a) whether the proposed
collection of information is necessary for the proper processing of
transportation-related accessibility issues; (b) the accuracy of the
estimated burden; (c) ways for the DOT to enhance the quality, utility,
and clarity of the information collection; and (d) ways that the burden
could be minimized without reducing the quality of the collected
information. All responses to the notice will be summarized and
included in the request for OMB approval. All comments will also become
a matter of public record.

    Issued in Washington, DC on June 6, 2016.
Habib Azarsina,
OST Privacy and PRA Officer.
[FR Doc. 2016-13872 Filed 6-10-16; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Proposed Rules]
[Page 76691]
[FR Doc No: 2010-31011]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2010-0947; FRL-9236-9]

Oregon; Correction of Federal Authorization of the State's
Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA Region 10 proposes to approve a correction to the
State of Oregon's federally authorized RCRA hazardous waste management
program. On January 7, 2010, EPA published a final rule under docket
EPA-R10-RCRA 2009-0766 granting final authorization for changes the
State of Oregon made to its federally authorized RCRA Hazardous Waste
Management Program. These authorized changes included, among others,
the Federal Recycled Used Oil Management Standards; Clarification rule,
promulgated on July 30, 2003. During a post-authorization review of the
State of Oregon's regulations, EPA identified that the Oregon
Administrative Rules (OAR), related to the federal used oil management
requirements (OAR<PHONE_NUMBER>), had not been updated to include the
adoption of the Federal Recycled Used Oil Management Standards;
Clarification rule. Therefore, the State did not have an effective
state rule and EPA inaccurately referenced this rule in the State's
Final Authorization Action published and effective on January 7, 2010.
This action will correct the State of Oregon's federally authorized
program, by removing the inaccurate authorization reference to the
federal Recycled Used Oil Management Standards; Clarification rule.

DATES: Comments on this proposed action must be received in writing on
or before January 10, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2010-0947, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, to the attention of Nina Kocourek.
     Mail: Send written comments to Nina Kocourek, U.S. EPA,
Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle,
Washington 98101.
     Hand Delivery or Courier: Deliver your comments to: Nina
Kocourek, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop
AWT-122, Seattle, Washington 98101. Such deliveries are only accepted
during the Office's normal hours of operation.
    For detailed instructions on how to submit comments, please see the
direct final rule which is located in the Rules section of this Federal
Register.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek at<PHONE_NUMBER> or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules section of this Federal
Register, EPA is approving Oregon's Authorization of State Hazardous
Waste Management Program Revision though a direct final rule without
prior proposal because the Agency views this as a noncontroversial
action and anticipates no adverse comments to this action. Unless we
get written adverse comments which oppose this approval during the
comment period, the direct final rule will become effective on the date
it establishes, and we will not take further action on this proposal.
If EPA receives adverse comments, the direct final rule will be
withdrawn and all public comments received will be addressed in a
subsequent final rule. EPA will not institute a second comment period
on this action. Any parties interested in commenting on this action
should do so at this time. For additional information, see the direct
rule which is located in the Rules section of this Federal Register.

    Dated: December 1, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-31011 Filed 12-8-10; 8:45 am]
BILLING CODE 6560-50-P