                             SUPPORTING STATEMENT
Regulations of Fuel and Fuel Additives: Renewable Fuel Pathways (RFS) Pathway II and Technical Amendments to the RFS2 Standards EPA

A.	JUSTIFICATION

1.	Identification of the Information Collection

a.	Title:  Regulations of Fuel and Fuel Additives: Renewable Fuel Pathways (RFS) Pathway II and Technical Amendments to the RFS2 Standards EPA ICR No.2469.01, OMB Control Number 2060-NEW.

b. 	Short characterization:

	SUMMARY:    EPA is proposing to amend certain of the renewable fuels standard (RFS2) program regulations at 40 CFR Part 80, Subpart M.  We believe these proposals will facilitate the introduction of new renewable fuels as well as improve implementation of the program.  This proposal includes various changes related to biogas including changes to the revised compressed natural gas (CNG)/liquefied natural gas (LNG) pathway and amendments to various associated registration, recordkeeping, and reporting provisions.  This proposed regulation includes a lifecycle greenhouse gas emissions analysis for renewable electricity, renewable diesel and naphtha produced from landfill biogas.  Adding these new pathways will enhance the ability of the biofuels industry to supply advanced biofuels, including cellulosic biofuels, which greatly reduce the greenhouse gas emissions (GHG) compared to the petroleum-based fuels they replace.  It also addresses "nameplate capacity" issues for certain production facilities that do not claim exemption from the 20% greenhouse gas (GHG) reduction threshold.  In this notice, EPA addresses issues related to crop residue and corn kernel fiber and proposes an approach to determining the volume of cellulosic RINs produced from various cellulosic feedstocks.  We also include a lifecycle analysis of advanced butanol and discuss the potential to allow for commingling of compliant products at the retail facility level as long as the environmental performance of the fuels would not be detrimental. Several other amendments to the RFS2 program are included.

	EPA is also proposing various changes to the E15 mis-fueling mitigation regulations (E15 MMR) at 40 CFR Part 80, Subpart N.   Among the E15 changes proposed are technical corrections and amendments to sections dealing with labeling, E15 surveys, product transfer documents, and prohibited acts.  We also propose to amend the definitions in order to address a concern about the rounding of test results for ethanol content violations.   These changes are not addressed in this ICR because they do not change the cost and burden estimates from the E15 ICR 2408.02.

Lastly, EPA is proposing changes to the survey requirements associated with the ultra-low sulfur diesel (ULSD) program. This change is also not addressed here because there are fewer than 9 respondents.

2.  Need For, and Use of, the Collection

	a.	Authority for the Collection

	Sections 114 and 208 of the Clean Air Act (CAA), 42 U.S.C. §§ 7414 and 7542, authorize EPA to require recordkeeping and reporting regarding enforcement of the provisions of Title II of the CAA.

	b. 	Practical Utility/Uses of the Data

	The recordkeeping and reporting requirements of this regulation will allow EPA to monitor compliance with the introduction of new renewable fuel pathways to improve on its implementation of the RFS2 program. The new pathways will enhance the ability of the biofuels industry to supply advanced biofuels, including cellulosic biofuels which will greatly reduce the greenhouse gas emissions (GHG) compared to the petroleum-based fuels they replace.

3.  Non-duplication, Consultation, and other Collection Criteria

	a. 	Non-duplication

	Efforts have been made to eliminate duplication in this information collection. Most information requested will assert claims as being confidential business information (CBI) and will be available to the EPA from the affected parties directly. The information is not considered general in nature and is not found in other databases, directories or sources. The data submitted to EPA is specific to a company's business practices.

      b. 	Public Notice

	A Notice of Proposed Rulemaking has been published in the Federal Register for comments (78 FR 36041, June 14, 2013).

	c. 	Consultations

      Many of the changes are being proposed in order to facilitate the introduction of new renewable fuels under the RFS2 program by suggestion of industry stakeholders. Other changes are being proposed to allow flexibility and better facilitation of the rule.

	d. 	Effects of Less Frequent Data Collection

	We have designed the reporting schedule to coincide with existing reporting deadlines applicable to many of the same parties under such programs as RFG (Reformulated Gasoline) and anti-dumping and diesel fuel.  Less frequent collection of data would make it impossible to carry out the provisions of the CAA and EISA.

	e. 	General Guidelines

	This rule does not exceed any of the OMB guidelines.

	f. 	Confidentiality

	We inform respondents that they may assert claims of business confidentiality (CBI) for information they submit. Actual RINs should not be treated as confidential business information under RFS2, as they are necessary identifiers to accompany renewable fuels.  Any information claimed as confidential will be treated in accordance with 40 CFR Part 2 and established Agency procedures.  Information that is received without a claim of confidentiality may be made available to the public without further notice to the submitter under 40 CFR § 2.203.

      g. 	Sensitive Information

	This information collection does not require submission of any sensitive information.

4.	The Respondents and the Information Requested

	a.	Respondents/with NAICS and SIC Codes

      The respondents to this information collection fall into the following general industry categories:  petroleum refineries (324110/2911), ethyl alcohol manufacturers (325193/2869), other basic organic chemical manufacturing (325199/2869), chemical and allied products merchant wholesalers (424690/5169), petroleum bulk stations and terminals (422710/5171), petroleum and petroleum products merchant wholesalers (422720/5172), and other fuel dealers (454319/5989).

      Using the terminology associated with the RFS2 Rule, we have assumed the following classes of party which are covered by this supporting statement.

   * Producers of renewable fuels
   * Importers of renewable fuels
   * Feedstock producers from waste treatment plants
   * Feedstock producers from Landfills
   * Parties who own RINs (including foreign RIN owners)

      b. 	Information Requested

	i. 	Reporting: For new pathway registration and renewable electricity and fuels produced from biogas that qualify as renewable fuel and that are registered for RIN generation, we are proposing for producers to submit the following additional information as part of their existing quarterly and annual reporting obligations (reported amounts should be provided as monthly summaries on an annual/calendar year basis, and must be obtained from a utility meter that is continuously measured):

   * Actual total amount of electricity used at the facility
   * Actual total amount of electricity purchased for the facility
   * Actual amount of total renewable electricity produced on-site, including source of energy and the equipment or process used to generate the renewable electricity
   * Calculation that verifies the facility meets the specified 20 percent minimum electricity production requirement based on the reported total amount of electricity used at the facility, total amount of fossil-fuel based electricity purchased, and total amount of renewable electricity produced .

Quarterly reports are due as follows:

                 Quarterly Reporting Schedule for RFS2 Program

Quarter Covered by Quarterly Report
Due Date for Quarterly Report
January - March
May 31
April - June
August 31
July - September
November 30
October - December
February 28

      Annual reports are due on February 28 for the preceding year.

      ii.	Recordkeeping:  For recordkeeping purposes, we are proposing that producers retain the additional information, calculations and supporting documents required for registration and reporting. The producer must also review and verify all related supporting documents such as design documents, calculations, regulatory permits, and contracts between facilities that track the raw biogas from the point of withdrawal from its source, the various injection/withdraw points into the distribution pipeline, the various production facilities, and the final step for use as transportation fuel. Respondents must keep copies of all reports filed for five (5) years.  The regulatory requirements for registration, reporting and recordkeeping as discussed in this proposed rulemaking can be located in the following applicable regulatory sections 80.1450, 80.1451 and 80.1454, respectively.

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

	a.	Agency Activities

   * All reports, petitions and registrations will be reviewed by EPA for completeness and for potential violations.
   * Potential violations will be referred to enforcement personnel.
   * Registration numbers will be issued for new registrants.
   * Reporting parties will be contacted if there is a problem with their submission or if an incomplete registration is dormant for more than a year.

	b. 	Collection and Methodology and Management

      EPA would like to continue to monitor RIN generation from fuel produced using the new pathways and their general use in the market place. EPA wants to continue to receive all reports, registrations, initial registrations and updates. We anticipate receiving data in a simplified and secure fashion via the Agency's electronic Central Data Exchange (CDX).  Information claimed as CBI will be stored in appropriately controlled areas.

	c.	Small Entity Flexibility

	Section 211(o)(9)(A) of the Clean Air act provides an exemption from RFS requirements through 2010 for "small refineries," defined as refineries having an average aggregate daily crude oil throughput for a calendar year that does not exceed 75,000 barrels.  It also provides possible extensions of this exemption, through individual petitions to EPA.  In this Notice of Proposed Rulemaking (NPRM) there is an amendment to update the definition of small entity to ensure fairness within the market as it relates to extensions and exemptions.

	d.	Collection Schedule

	Registrations of new renewable fuel pathways, PTD's from feedstock (landfills and waste treatment plants) and nameplate petitions are also being received on a rolling basis. Updates may be sent in at any time after initial registration.  New parties may enter the regulated industry at any time, triggering registration requirements.

6.	Estimating the Burden and Cost of Collection

      a.	Estimating the Respondent Universe

	We drew upon experience implementing RFS2 and similar regulations among the same entities to develop estimates of the burden associated with this collection.

      b.	Estimating the Respondent Burden and Cost

	Three labor categories are involved:  managerial (includes legal and professional review), technical, and clerical. The estimates used the Bureau of Labor Statistics figures from "National Industry-Specific Occupational Employment & Wage Estimate "Petroleum and Coal Products Manufacturing" (May 2012), with a 3% annual inflation factor applied to bring the values to the present.  Using this method, the following wages and benefits apply by category:

Wages and Benefits  -  Petroleum and Coal Products Manufacturing

Managerial    		$67.44   per hour
Technical		$65.56   per hour
Clerical		$22.17   per hour

Doubling for company overhead beyond wages and benefits, and for convenience, rounding up to the dollar, gives the following rates for this ICR:

Total Employer Cost

Managerial		$135.00   per hour
Technical		$131.00   per hour
Clerical		$   44.00   per hour

It is assumed that for each hour of activity the mix will be about 0.1 hour managerial, 0.7 hour technical, and 0.2 hour clerical.  This gives an average labor cost of $114 per hour, which will be used in this ICR. For purchased services related to attest engagements and some items of registration, we have doubled this hourly cost to $228 for overhead cost for associated with this collection. There is no O & M cost associated with this collection. The estimates by party are indicated in Tables 1  -  4 below.

c.  	Estimating the Agency Burden and Cost

	EPA must generate company and facility registration number(s) for new registrants and notify them of these numbers that appear on reports. Report formats and instructions/guidance must be prepared by Agency personnel.  Reports will be processed by contractors and must be reviewed by Agency personnel.  Reporting parties must be contacted if there is a problem with their submission.

      This supporting statement considers all Agency costs associated with accepting new registrants and new reports associated with RFS2, as expressed in EPA ICR Number 2469.01. Using the RFS2, and the RFG and anti-dumping ICR, and other recent fuels-related ICRs as a guide in developing these initial estimates for RFS, we anticipate that the RFS2 and other rule amendments may require the equivalent labor of one full time GS-13 technical employees for a total of $185,000, and labor costs of $88,000 in the clerical category and $31,000 in the management category.  Since we are using the CDX, some costs incurred by the Agency will be tied to the number of registrants who send us reports.  Adding the following values results in an annual estimated Agency burden as follows:

      One GS-13 technical employee (full time) =			$  185,000
      One GS-7 clerical worker (full-time) 	 =			$    88,000
      One GS-15 manager (1/8 time) =				$    31,000
      TOTAL=							$   304,000

      As with all items in this supporting statement, we strongly encourage comment on the estimated Agency burden and on the Agency activities associated with this proposed information collection.

d.	Estimating the Respondent Universe

	We were able to estimate the number of regulated entities drawing upon experience regulating the same or similar entities.  In this collection EPA is proposing amendments and technical changes to three existing regulations.

      For biogas and electricity feedstock producers from waste treatment plants and landfills, we have assumed the following classes of party, with the number of each in parenthesis:

         * Waste water treatment plants biogas feedstock producers (3,500)
         * Landfill biogas feedstock producers (1,908)

      [Note:  The above estimates are derived from the following sources:  1) Landfills: Municipal Solid Waste (MSW) in the United States: 2011 Facts and Figures, available at http://www.epa.gov/epawaste/nonhaz/municipal/pubs/MSWcharacterization_fnl_060713_2_rpt.  2) The U.S. Department of Energy, Federal Energy Management Program, Biomass and Alternative Methane Fuels (BAMF), Super ESPC Program Fact Sheet found at web site www1.eere.energy.gov/femp/pdfs/bamf_wastewater.pdf, stated that there are

      16,000 waste water treatment plants in the United States and only 2% or 3,500 of these facilities mostly the large ones will participate in capturing waste water digester gas to produce electricity.

	This supporting statement includes reporting estimates involving biogas feedstock at landfill and wastewater treatment plants. These parties must provide certain information about their feedstock to biofuel producers and to EPA upon request.  The biofuel producers are required to obtain product transfer documents from biogas feedstock producers who supply energy feedstock for them. The biofuels producer is the entity who will be obtaining RINs for the final fuel used in commerce.  Biofuels producers must provide certain information about their feedstock to EPA upon request.

e.	Bottom Line Burden Hours and Costs

	From the tables, we estimate the following annual totals:

TOTAL NO. OF RESPONDENTS:			6,161
TOTAL NO. OF RESPONSES:			40,869
TOTAL BURDEN HOURS:				11,908
TOTAL COST TO RESPONDENTS:	  	$ 1,357,512

f.	Reason for Change in Burden

	There is no previous ICR for this collection.

g.	Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to be .37 hours per response (total number of hours divided by total number of responses).  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID number EPA-HQ-OAR-2012-0401, which is available for online viewing at www.regulations.gov,or in person viewing at the Air Docket in the EPA Docket Center in Washington, DC (EPA/DC).  The docket is located in the EPA West Building, 1301 Constitution Avenue, NW, Room 3334, and is open from 8:30 a.m. to 4:30 p.m., Eastern Standard Time, Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air Docket is<PHONE_NUMBER>.

	You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number EPA-HQ-OAR-2012-0401.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OAR-2012-0401 and OMB Control Number 2060-NEW in any correspondence.
.


[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10581-10582]
[FR Doc No: 2014-03971]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71571; File No. SR-OCC-2013-23]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving Proposed Rule Change, As Modified by Amendment No. 1,
To Provide OCC With Authority in Emergency Circumstances To Waive,
Suspend, or Extend the Time for Compliance With Its By-Laws, Rules,
Policies and Procedures, or any Other Rules Issued by OCC

February 19, 2014.

I. Introduction

    On December 27, 2013, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-OCC-2013-23 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ On January 8, 2014, OCC filed Amendment No. 1 to the
proposed rule change.\3\ The proposed rule change was published for
comment in the Federal Register on January 15, 2014.\4\ The Commission
received no comments concerning the proposed rule change. For the
reasons set forth below, the Commission is approving the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, OCC clarified its ability to extend the
time fixed in certain Rules for the doing of any act or acts in
emergency situations, and made other technical changes.
    \4\ Securities Exchange Act Release No. 71268 (January 9, 2014),
79 FR 2739 (January 15, 2014) (SR-OCC-2013-23).
---------------------------------------------------------------------------

II. Description

    The rule change, as approved, amends OCC's by-laws to provide OCC
with authority in emergency circumstances, subject to certain
conditions, to waive or suspend the operation of its by-laws, rules,
policies and procedures, or any other rules issued by OCC
(collectively, ``Rules'') or to extend any time fixed thereby for the
doing of any act or acts. OCC previously sought action by the Division
of Trading and Markets on an ad hoc basis whenever OCC needed to
temporarily waive or suspend certain of its Rules, or extend the time
for doing any act or acts specified by its Rules, in order to help
facilitate the national system for the prompt and accurate clearance
and settlement of securities transactions.\5\ The rule change generally
aligns OCC's Rules with those of other registered clearing agencies,
which allow those clearing agencies to waive or suspend their rules, or
extend the time fixed thereby for performing any act or acts, in
similar circumstances.
---------------------------------------------------------------------------

    \5\ For instance, in one case, OCC needed to waive certain of
its rules temporarily to facilitate the transfer and assignment of
the correspondent securities-clearing business of one of its
clearing members to another. The Division of Trading and Markets
issued a No-Action Letter advising OCC that the Division would not
recommend an enforcement action if OCC waived its rules under those
circumstances. The Options Clearing Corporation, SEC No-Action
Letter, (June 4, 2012), available at http://www.sec.gov/divisions/marketreg/mr-noaction/2012/occ060412.pdf.
---------------------------------------------------------------------------

    Under the rule change, as approved, OCC's Board of Directors,
Chairman,\6\ Management Vice Chairman, or President is authorized
either to waive or suspend the Rules or extend any time fixed by the
Rules for the doing of any act or acts if it is believed that an
emergency exists and such extension, waiver, or suspension is necessary
or advisable to protect OCC or allow it to continue to facilitate the
prompt and accurate clearance and settlement of confirmed transactions
and to provide its services in a safe and sound manner. If a
determination to invoke these emergency powers is made by anyone other
than by the Board of Directors, the Board of Directors must be notified
as soon as practicable.
---------------------------------------------------------------------------

    \6\ Pursuant to Article IV, Section 6 of OCC's By-Laws, the
Chairman of the Board is also the Executive Chairman.
---------------------------------------------------------------------------

    The rule change, as approved, requires OCC to notify the Commission
and the CFTC within two hours after exercising its emergency powers.\7\
OCC is further required to provide the Commission and the CFTC as soon
as practicable, but not later than three calendar days after exercising
its emergency powers, with a report setting out the nature of the
emergency, the identity of the person or persons who invoked OCC's
emergency powers, and the rationale for doing so.
---------------------------------------------------------------------------

    \7\ The Commission's approval of this rule change does not
relieve OCC of its obligation to submit a filing to the Commission
pursuant to Section 806(e)(1) of Title VIII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act when appropriate. See 12
U.S.C. 5465(e)(1).
---------------------------------------------------------------------------

    OCC is permitted to continue the emergency action for up to thirty
calendar days unless the Commission or the CFTC, as applicable, objects
in writing. If OCC wishes to continue the emergency action beyond the
thirty-day period, then OCC is required to file a

corresponding proposed rule change with the Commission, the CFTC, or
both during this thirty-day period. In that case, the emergency action
would remain in effect while the agency or agencies review the
corresponding proposed rule change. If either the Commission or the
CFTC objects to the proposed rule change in writing, OCC is required to
discontinue the emergency extension, waiver, or suspension of its
rules.

III. Discussion

    Section 19(b)(2)(C) of the Act \8\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to such
organization. Section 17A(b)(3)(F) of the Act \9\ requires that the
rules of a registered clearing agency be designed to, among other
things, promote the prompt and accurate clearance and settlement of
securities transactions, as well as foster cooperation and coordination
amongst other persons engaged in the clearance and settlement of
securities transactions.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2)(C).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change is consistent
with the requirements of Section 17A of the Act and the rules and
regulations thereunder applicable to OCC. By giving OCC the ability to
respond promptly in the event of an emergency, the proposed rule change
will help to minimize the risk of a disruption to OCC's clearance and
settlement services. This will help facilitate the prompt clearance and
settlement of securities transactions, and will also enable OCC to
coordinate its actions with those of other clearing agencies that
already possess emergency powers similar to those at issue here.
Further, the proposed rule change circumscribes OCC's emergency powers
by requiring it to notify the Commission and the CFTC whenever OCC
invokes those powers, and by further requiring OCC to discontinue any
changes made under those powers if the Commission or the CFTC, as
applicable, objects. These procedural safeguards will help to ensure
that OCC exercises its emergency powers only in a manner that is
consistent with the requirements of the Act and the rules and
regulations thereunder.

IV. Conclusion

    On the basis of the foregoing, the Commission concludes that the
proposal is consistent with the requirements of the Act, particularly
the requirements of Section 17A of the Act \10\ and the rules and
regulations thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that proposed rule change SR-OCC-2013-23, as amended, be and
hereby is approved.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
    \12\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

    \13\ 17 CFR 200.30-3(a)(12).

For the Commission by the Division of Trading and Markets, pursuant
to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-03971 Filed 2-24-14; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM Date: June 17, 2004 Subject: Economic Data for Area Source Categories  Title V Permit Program Rulemaking From: Larry Sorrels, US EPA/ OAQPS/ AQSSD/ ISEG To: Ray Vogel, US EPA/ OAQPS/ ITPID/ OPG This memo contains economic data for the five source categories that are the focus of this rulemaking. The source categories are: dry cleaning, ethylene oxide ( EO) sterilizers, degreasers ( halogenated solvent cleaners), chromium electroplaters, and secondary aluminum sources. There are 1 to 2 pages of data for industries in which these source categories are located, and this data is meant to characterize the current state of these industries and, where possible, their future growth. The data shown consists of: number of firms, characterization of number of small firms, profit margins, economic growth, and other economic information as available.

The memo reflects not only work done by Art Rios, Darryl Weatherhead, and me, but also reflects your comments and suggestions made on drafts of this data a few days ago. If you have any questions on this memo, let me know. Thanks.

cc: Ron Evans, OAQPS/ AQSSD/ ISEG Art Rios, OAQPS/ AQSSD/ ISEG Darryl Weatherhead, OAQPS/ AQSSD/ ISEG 1 Dry Cleaning Industry  Summary Economic Profile ( 6/ 04)

Industry Affected: Dry Cleaning ( SIC 7216/ NAICS 812320).

Number of firms in the affected industry: 30,000 ( as of 2003, according to the International Fabricare Insitute). The industry is made up of many small firms. 85 percent of them are small, single family, independent " mom and pop" operations. The average dry cleaning firm employs 5 people ( Integra Information, January 2004).

Average or Median Annual Sales/ Revenues or Earnings for firms in affected industry: $ 200,000 in 2003 ( Integra Information, January 2004).

Economic Growth: Revenues are forecast to increase by 3.5% between 2003 and 2007 ( Ibid.).

Profit Margins: Less than 1% on average ( Ibid).

Elasticities: The dry cleaning industry is highly competitive  it is fragmented, and virtually all dry cleaners are " pricetakers"  each dry cleaners has no influence on the price of their cleaning output. Thus, the price elasticity of demand should be less than  1  meaning a 1% drop in demand can be triggered by a less than 1% increase in price.

Bottom Line Conclusions: Dry cleaners are likely to have difficulty affording the costs of complying with the requirements of a Title V permit program given their small profit margins and highly competitive environment.

Note: The Dry Cleaning industry is likely to be subject to a residual risk standard in the next 2 years. This standard will likely be applied to large industrial cleaners that are a very tiny minority of dry cleaners. Dry cleaners that are colocated at major sources for emissions may be subject to area source standards, but these are likely to involve voluntary measures. 2 Ethlyene Oxide ( EO) Sterilizers  Summary Economic Data ( 6/ 04)

Industry Affected: Hospitals. Sterilizers are used to clean medical equipment.

Of 5,800 hospitals nationwide, roughly 1,800 sterilize with EO. It is estimated that 1,200 hospitals control EO emissions from sterilizers. Most hospitals that sterilize with EO are located in urban areas ( about 95%) ( Information from EO Sterilizers Report to ESD from Ec/ R, December 2003).

Capital control costs for controlling EO emissions from sterilizers can range from $ 23,000 to $ 46,000 per unit. Total annualized costs can run from $ 4,000 to $ 16,000 per unit. Annual control costs per ton of reduction can run from $ 22,000 to $ 800,000 ( Information from EO Sterilizers Report to ESD from Ec/ R, December 2003).

Profit Margins for Hospitals: Range from 3 to 5% based on historical averages ( historical median of 4.6% based on American Hospital Association data from 1990 2000). For profit, publicly traded hospitals have profit margins in the high end of this range while the not for profit hospitals have profit margins closer to the low end. Typically, for profit hospitals are larger than not for profit hospitals, and not for profit hospitals typically generate less revenue per bed than for profit hospitals due to lack of economies of scale and larger overhead costs. For profit publicly traded hospitals are 15% of facilities and about 13% of the beds available to incoming patients, and the remaining 85% of facilities ( 87% of beds) are not for profit ( Health Care Industry Market Update, Centers for Medicare and Medicaid Services, July 14, 2003).

Economic Growth: Expected to climb as the number of patients grow due to the aging of the population and the expansion of hospitals into outpatient care.

Elasticities: While the price elasticity of demand can be quite low for health care services as a whole ( below  0.2), the price elasticity of demand for hospital services can be quite large ( nearly  6, or highly elastic, based on 1999 FTC study  " Competition Among Hospitals," Martin Gaynor and William B. Vogt). Hence, those who go to hospitals do consider the price of services as a parameter for decision making.

Bottom Line Conclusions: For profit, publicly traded hospitals will not likely have much trouble affording the costs associated with a Title V permit program aimed at EO sterilizers. However, the not for profit hospitals, which constitute the great majority of facilities, may have more difficulty in affording Title V permits due to their lower profit margins. In addition, smaller hospitals such as those in inner city areas are likely to have lower profit margins than other urban hospitals ( Issue Brief, National Health Policy Forum, March 1999), and would thus have more difficulty in affording Title V permits. 3 Note: EO Sterilizers may be subject to a residual risk standard  final decision has not been reached yet. Current concerns are with the annual cost/ ton for available controls to reduce risks of HAP exposure.

Degreasers  Summary Economic Data Industry Affected: Degreasers are in NAICS codes 332999, 337124, 335999, 336999, 332116, 336, 339. A description of each of these NAICS codes is contained below ( 1997 Economic Census).

All below NAICS descriptions obtained from the U. S. Census Bureau, 1997 Economic Census. NAICS 332999: All Other Miscellaneous Fabricated Metal Product Manufacturing . This U. S. industry comprises establishments primarily engaged in manufacturing fabricated metal products ( except forgings and stampings, cutlery and handtools, architectural and structural metals, boilers, tanks, shipping containers, hardware, spring and wire products, machine shop products, turned products, screws, nuts and bolts, metal valves, ball and roller bearings, ammunition, small arms and other ordnances, fabricated pipes and pipe fittings, industrial patterns, and enameled iron and metal sanitary ware).

NAICS 337124: Metal Household Furniture Manufacturing . This U. S. industry comprises establishments primarily engaged in manufacturing metal household type furniture and freestanding cabinets. The furniture may be made on a stock or custom basis and may be assembled or unassembled ( i. e., knockdown)..

NAICS 335999: All Other Miscellaneous Electrical Equipment and Component Manufacturing . This U. S. industry comprises establishments primarily engaged in manufacturing industrial and commercial electric apparatus and other equipment ( except lighting equipment, household appliances, transformers, motors, generators, switchgear, relays, industrial controls, batteries, communication and energy wire and cable, wiring devices, and carbon and graphite products). This industry includes power converters ( i. e., AC to DC and DC to AC), power supplies, surge suppressors, and similar equipment for industrial type and consumer type equipment.

NAICS 336999: All Other Transportation Equipment Manufacturing . This U. S. industry comprises establishments primarily engaged in manufacturing transportation equipment ( except motor vehicles, motor vehicle parts, boats, ships, railroad rolling stock, aerospace products, motorcycles, bicycles, armored vehicles and tanks).

NAICS 332116: Metal Stamping . This U. S. industry comprises establishments primarily engaged in manufacturing unfinished metal stampings and spinning unfinished metal products ( except crowns, cans, closures, automotive, and coins). Establishments making metal stampings and metal spun products and further manufacturing ( e. g., machining, assembling) a specific product are 4 classified in the industry of the finished product. Metal stamping and metal spun products establishments may perform surface finishing operations, such as cleaning and deburring, on the products they manufacture.

NAICS 336: Transportation Equipment Manufacturing . Industries in the Transportation Equipment Manufacturing subsector produce equipment for transporting people and goods. Transportation equipment is a type of machinery. An entire subsector is devoted to this activity because of the significance of its economic size in all three North American countries.

NAICS 339: Miscellaneous Manufacturing . Industries in the Miscellaneous Manufacturing subsector make a wide range of products that cannot readily be classified in specific NAICS subsectors in manufacturing. Processes used by these establishments vary significantly, both among and within industries. For example, a variety of manufacturing processes are used in manufacturing sporting and athletic goods that include products, such as tennis racquets and golf balls. The processes for these products differ from each other, and the processes differ significantly from the fabrication processes used in making dolls or toys, the melting and shaping of precious metals to make jewelry, and the bending, forming, and assembly used in making medical products.

Percentage of Firms and Enterprises with Less than 500 Employees by NAICS Code NAICS Code Firms (%) Establishments (%)

332999 97.38% 96.39%

337124 95.87% 90.45%

335999 92.14% 90.40%

336999 94.52% 90.98%

332116 95.11% 92.51%

336 94.39% 80.95%

339 98.59% 96.07%

( Information obtained from Statistics of U. S. Businesses, 2001, U. S. Census Bureau.)

Economic Growth:

A projection of the average annual rate of change in output from 2002 to 2012 for 4 digit NAICS codes these industries are found in shows expected output increases ranging from 1.2 to 5.2 % ( Monthly Labor Review, Bureau of Labor Statistics, February 2004). 1Information obtained from Statistics of U. S. Businesses, 2001, U. S. Census Bureau. http:// www. census. gov/ epcd/ susb/ 2001/ us/ US332813. HTM 5 Chrome Plating  Summary Economic Data Industry Affected: Chrome Plating includes decorative chromium electroplating of metals and plastics, hard chromium electroplating of metals, chromic acid anodizing and trivalent chromium plating. Examples of electroplated parts include appliances, automotive parts, and large cylinders used in construction equipment and printing presses. Anodized parts include miscellaneous aircraft components such as wings and landing gears. Facility Size: According to the Chemical Economic Handbook in 2000 there are an estimated 2,800 decorative plating facilities, 1,540 hard plating facilities, and 680 chromic acid anodizing shops operating in the United States. Firm and Enterprise Size: According to a 2001 report prepared for the National Association of Metal Finishers, the job shop sector consists predominantly of small businesses. The Small Business Administration categories a small business for NAICS code 332813 to employ less than 500 employees. The U. S. Census Bureau  Statistics of U. S. Businesses for 2001 collects data on firm size and enterprise size. For NAICS code 332813 approximately 98.7% of firms and 97.9% of enterprises are classified as small businesses. In addition, the National Association of Metal Finishers ( 2001) report states that small businesses are especially vulnerable to closure if capital investments for pollution control must be made during or soon after difficult periods in the business cycle.

Percentages of Firms for NAICS 332813 by Number of Employees ( 2001) 1 # of Employees % of Firms % of Enterprises 0 4.20% 4.01% 1 to 4 24.50% 23.42% 5 to 9 19.69% 18.82% 10 to 19 20.01% 19.16% 20 to 99 25.44% 25.52% 100 to 499 4.87% 6.97% 500+ 1.29% 2.10% Total 100.00% 100.00%

Profit Margins: " Metal finishing job shops earned pretax profits at an average rate of 4.8% of sales over the 9 year period from 1990 through 1998." ( National Association of Metal Finishers, 2001)

Compliance Costs: " Although it is very difficult to define a representative metal finishing product for which the price can be tracked over time, many job shop owners agree that prices have generally declined over the past decade or so, and they have been able to remain profitable only by 6 aggressively improving productivity and reducing their costs. We believe that any industry with characteristics such as these is unlikely to be able to pass through to its customers a significant share of any new environmental compliance costs." ( National Association of Metal Finishers, 2001)

Economic Growth: The chromium plating market as a whole is growing no more than 2% per year. This is primarily due to the impact of competitive products such as electrolysis nickel plating. However there does not appear to be a single replacement for hard chromium electroplating. ( CEH, 2000) Plated Chromium remains an attractive option for the highly competitive automotive finishes market. Automotive use is reported to begin growing 10% per year, driven by the plating of aluminum wheels. ( CEH, 2000)

Elasticity: According to a 2001 report prepared for the National Association of Metal Finishers, the estimated elasticity of demand of output price relative to input price is 1.299.

References:

Chemical Economics Hanbook Product Review by Schumacher, John W., Kälin, Thomas and Masahiro Yoneyama. 2000. Inorganic Chromium Compounds.

Environomics. 2001. Review of the Economic Analysis of EPA's Proposed Metal Products and Machinery Rule for the Metal Finishing Job Shop Sector. Prepared for the National Association of Metal Finishers, American Electroplaters and Surface Finishers Society, Inc., Metal Finishing Suppliers Association. 2 Price elasticity refers to the condition where a proportional change in quantity ( supply or demand), in response to a proportional change in price, is greater than the proportional change in price. In numerical terms, elasticity means the proportional change in quantity over the proportional change in price is greater, in absolute value, than 1.

7 Secondary Aluminum Industry   Economic Summary Data Industries Affected: Transportation ( Auto), Containers and Packaging, and Building and Construction.

According to the Aluminum Association, the U. S. total supply of aluminum decreased by 4.1% from 1999 2000, however, during the decade of the 90s, supply had increased by an average rate of 3.4% annually. Primary aluminum accounted for 34.3% of production while secondary aluminum accounted for 32.2% of production. The remaining 33.5% were imported.

The transportation industry accounted for 32.5% of total aluminum manufactured in 2000 including secondary aluminum ( Aluminum Association). Although the market increased only 0.3% from 1999 to 2000, it grew by 100% over the decade of the 90s. Increasing demand for fuel efficient cars is expected result in the construction of lighter vehicles with higher proportions of aluminum. Consequently, this shift in consumer preferences is likely result in an increase in consumption of both primary and secondary aluminum from the automotive industry.

Containers and packaging accounted for 20.4 % of the primary and secondary aluminum market in 2000( Aluminum Association). Aluminum shipments were used in the construction of beverage cans, food containers, and household & institutional foil. A large reason for the use of aluminum in this sector is the change in consumer preference for recycled products.

Building and Construction accounted for 13.1% of total aluminum shipments in 1999 ( Aluminum Association).

Elasticities: Unfortunately, elasticity data was not available. However, Bob Garino, director of commodities at the Institute of Scrap Recycling Industries ( ISRI) was quoted in a Reuters News Service article that he feels the industry is price elastic. 2 Location: According to an industry analysis brief prepared by the Department of Energy's, Energy Information Administration, the majority of secondary aluminum smelters are located near southern California and the Great Lakes areas close to consumer 8 centers and large industrial sites which contain high quantities of scrap. " Foil, sheet, and plate facilities are concentrated in the Ohio River Valley and the mid Atlantic region. Extruded products facilities are also concentrated in these areas, as well as the Great Lakes region, Texas, and Southern California. ( Aluminum Association)"

Industry Profile and Economic Growth Information by NAICS code:

According to the Bureau of Labor Statistics, average annual rate of change for output from 2002 2012 for NAICS codes 3313 ( Alumina & Aluminum Production and Processing) and 3315 ( Foundries) were projected at 1.5 % and 4.2%, respectively. However, value of shipments from 1997 2001 ( Table 1), for more industry specific NAICS codes, declined in some case and remained steady in others. More detailed industry information is provided in the Tables below.

Table 1. Industry Information* 1997 1998 1999 2000 2001 331315 Output ( Millions $) Value of Shipments ( 1997) 13708 13622 13914 12957 11821 Capital Expenditures 331 318 326 347 576 Value of Exports 2438 2322 2228 2298 2038 Value of Imports 1280 1391 1440 1620 1442 Firm Characteristics Number of Establishments 79 93 103 111 Number of Firms 56 66 73 82 % with 20+ Employees 58.9 53 52.1 48.8 % with 100+ Employees 44.6 37.9 32.9 29.3 % with 500+ Employees 33.9 30.3 21.9 18.3 Number of Paid Employees 22976 23521 23384 22016 % in 20+ Employee Firms 99.2 99.1 % in 100+ Employee Firms 98 97.3 96.5 96.4 % in 500+ Employee Firms 94 93.6 89.8 90.6 331316 Output ( Millions $) Value of Shipments ( 1997) 6178 6305 6065 5870 5338 Capital Expenditures 209 221 195 238 175 Value of Exports 385 378 338 428 397 Value of Imports 317 393 422 529 416 Firm Characteristics Number of Establishments 207 201 205 214 Number of Firms 144 139 140 150 % with 20+ Employees 70.1 69.1 64.3 59.3 9 % with 100+ Employees 48.6 48.2 45.7 42.7 % with 500+ Employees 27.8 25.9 21.4 20 Number of Paid Employees 31145 31717 32966 29336 % in 20+ Employee Firms 99.2 99.2 99.1 98.7 % in 100+ Employee Firms 94 94.3 94.8 94.2 % in 500+ Employee Firms 76.1 75.3 74.6 71.5 331319 Output ( Millions $) Value of Shipments ( 1997) 1625 1682 1626 1579 1349 Capital Expenditures 29.5 18.7 31.3 36.5 18.7 Value of Exports 353 347 357 346 252 Value of Imports 200 194 214 276 210 Firm Characteristics Number of Establishments 81 86 88 107 Number of Firms 63 68 71 90 % with 20+ Employees 46 41.2 40.8 38.9 % with 100+ Employees 33.3 30.9 26.8 20 % with 500+ Employees 17.5 17.6 12.7 10 Number of Paid Employees 5072 4745 4699 4674 % in 20+ Employee Firms % in 100+ Employee Firms 87.1 % in 500+ Employee Firms 70.9 65.4 59.9 331521 Output ( Millions $) Value of Shipments ( 1997) 3844 4088 3993 4096 3926 Capital Expenditures 223 229 216 178 165 Value of Exports Value of Imports Firm Characteristics Number of Establishments 328 312 301 294 Number of Firms 294 278 267 258 % with 20+ Employees 61.2 61.9 63.7 60.1 % with 100+ Employees 30.3 31.3 32.6 32.2 % with 500+ Employees 10.9 10.8 11.6 11.2 Number of Paid Employees 29669 28910 30361 28149 % in 20+ Employee Firms 96.8 96.8 97.4 96.8 % in 100+ Employee Firms 82.7 82.8 84.5 84.5 % in 500+ Employee Firms 50.2 48.9 50.8 53 331524 10 Output ( Millions $) Value of Shipments ( 1997) 3917 4058 4251 4144 3904 Capital Expenditures 241 225 239 189 169 Value of Exports Value of Imports Firm Characteristics Number of Establishments 620 619 597 590 Number of Firms 584 580 558 549 % with 20+ Employees 42.6 43.3 44.1 44.4 % with 100+ Employees 14.2 13.8 14.7 14.6 % with 500+ Employees 6.5 5.5 5.7 5.5 Number of Paid Employees 34270 33790 34968 32426 % in 20+ Employee Firms 92.9 93 93.4 93.4 % in 100+ Employee Firms 71.9 72 73.5 71.6 % in 500+ Employee Firms 50.2 45.8 48.8 42.1 Source: U. S. Department of Commerce, Bureau of the Census * According to the Small Business Association, Secondary Aluminum firms with less than 750 employees are considered small business.

331315: Aluminum sheet, plate, and foil manufacturing facilities 331316: Aluminum extruded product manufacturing facilities 331319: Other Aluminum rolling and drawing facilities 331521: Aluminum die casting facilities 331524: Aluminum foundry facilities Table 2. Rate of Change (%) 1998 1999 2000 2001 Averag 331315 Output ( Millions $) Value of Shipments ( 1997)  0.63 2.14  6.88  8.77  3.53 Capital Expenditures  3.93 2.52 6.44 65.99 17.76 Value of Exports  4.76  4.05 3.14  11.31  4.24 Value of Imports 8.67 3.52 12.50  10.99 3.43 Firm Characteristics Number of Establishments 17.72 10.75 7.77 12.08 Number of Firms 17.86 10.61 12.33 13.60 % with 20+ Employees   1.70  6.33  6.02 % with 100+ Employees    10.94  13.05 % with 500+ Employees    16.44  18.26 Number of Paid Employees 2.37  0.58  5.85  1.35 % in 20+ Employee Firms  0.10  % in 100+ Employee Firms  0.71  0.82  0.10  0.55 % in 500+ Employee Firms  0.43  4.06 0.89  1.20 11 331316 Output ( Millions $) Value of Shipments ( 1997) 2.06  3.81  3.22  9.06  3.51 Capital Expenditures 5.74  22.05  26.47  2.61 Value of Exports  1.82  26.63  7.24 1.75 Value of Imports 23.97 7.38 25.36  21.36 8.84 Firm Characteristics Number of Establishments  2.90 1.99 4.39 1.16 Number of Firms  3.47 0.72 7.14 1.46 % with 20+ Employees  1.43  6.95  7.78  5.38 % with 100+ Employees  0.82  5.19  6.56  4.19 % with 500+ Employees  6.83   6.54  10.25 Number of Paid Employees 1.84 3.94  11.01  1.75 % in 20+ Employee Firms  0.10  0.40 % in 100+ Employee Firms 0.32 0.53  0.63 0.07 % in 500+ Employee Firms  1.05  0.93  4.16  2.05 331319 Output ( Millions $) Value of Shipments ( 1997) 3.51  3.33  2.89  14.57  4.32 Capital Expenditures  67.38 16.61  48.77  0.35 Value of Exports  1.70 2.88  3.08  27.17  7.27 Value of Imports  3.00 10.31 28.97  23.91 3.09 Firm Characteristics Number of Establishments 6.17 2.33 21.59 10.03 Number of Firms 7.94 4.41 26.76 13.04 % with 20+ Employees   0.97  4.66  5.35 % with 100+ Employees  7.21   25.37  15.28 % with 500+ Employees 0.57   21.26  16.18 Number of Paid Employees  6.45  0.97  0.53  2.65 % in 20+ Employee Firms % in 100+ Employee Firms  % in 500+ Employee Firms  7.76  8.41  8.08 331521 Output ( Millions $) Value of Shipments ( 1997) 6.35  2.32 2.58  4.15 0.61 Capital Expenditures 2.69  5.68   7.30  6.97 Value of Exports Value of Imports Firm Characteristics Number of Establishments  4.88  3.53  2.33  3.58 12 Number of Firms  5.44  3.96  3.37  4.26 % with 20+ Employees 1.14 2.91  5.65  0.53 % with 100+ Employees 3.30 4.15  1.23 2.08 % with 500+ Employees  0.92 7.41  3.45 1.01 Number of Paid Employees  2.56 5.02  7.29  1.61 % in 20+ Employee Firms 0.62  0.62 % in 100+ Employee Firms 0.12 2.05 0.00 0.72 % in 500+ Employee Firms  2.59 3.89 4.33 1.88 331524 Output ( Millions $) Value of Shipments ( 1997) 3.60 4.76  2.52  5.79 0.01 Capital Expenditures  6.64 6.22   10.58  7.98 Value of Exports Value of Imports Firm Characteristics Number of Establishments  0.16  3.55  1.17  1.63 Number of Firms  0.68  3.79  1.61  2.03 % with 20+ Employees 1.64 1.85 0.68 1.39 % with 100+ Employees  2.82 6.52  0.68 1.01 % with 500+ Employees  3.64  3.51  5.09 Number of Paid Employees  1.40 3.49  7.27  1.73 % in 20+ Employee Firms 0.11 0.43 0.00 0.18 % in 100+ Employee Firms 0.14 2.08  2.59  0.12 % in 500+ Employee Firms  8.76 6.55  13.73  5.31


August 10, 2012

Mr. Karl Simon, Director
Transportation and Climate Division
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20004

Re:  RFS2

Dear Mr. Simon:

The record setting drought in the central part of the country is generating significant concerns across the nation and around the world regarding the price and availability of food and feed.  As a result Congress is considering what action should be taken to ensure the availability and affordability of food and feed.
There is a significant ongoing discussion regarding the impact that the use of ethanol for fuel is having on the price and availability of corn.  Much of the discussion is in regard to suspending or reducing the fuel use requirements for corn ethanol established under the Energy Independence and Security Act of 2007 (EISA).  EISA established a second set of Renewable Fuel Standards (RFS2) for use of corn ethanol and several types of "advanced biofuels" as transportation fuel.  Biodiesel is defined by the RFS2 as an advanced biofuel. It is extremely important for the members of Congress and to distinguish corn ethanol from biodiesel both in terms of the final product and the feedstock used. Biodiesel is produced from fats and oils, a significant portion of which are inedible.  Biodiesel produced by Future Fuel and other biodiesel manufacturers has no direct impact on the demand for or the consumption of corn.
The current discussions regarding RFS2 are negatively affecting Future Fuel's customers and business.  Many of our customers are starting to question the need to continue purchasing biodiesel if a suspension of the RFS2 or a change to EISA is imminent.
It is important to FutureFuel and the biodiesel industry that discussions in Congress regarding the suspension or modification of the corn ethanol blending requirements are accompanied by statements that changes to the advanced biofuel (biodiesel) blending requirements are not being contemplated by Congress or requested of the EPA.  It must be clearly communicated that any possible suspension of or modification to corn ethanol blending requirements will not have any impact on biodiesel blending requirements.

FutureFuel is one of the largest producers in the nation.  FutureFuel produces biodiesel from inedible feedstocks such as yellow grease, crude corn oil, inedible tallow, choice white grease, and poultry fat.
Biodiesel has been and continues to be a major component of the U.S. effort to lower its reliance on foreign oil and improve the environmental impact versus carbon based fuels. It is vital to FutureFuel and the employees of FutureFuel that the biodiesel consumption required by the RFS2 continues.
Best regards,

	Lee E. Mikles
	President & CEO
	LEM/mc


[Federal Register: July 25, 2008 (Volume 73, Number 144)]
[Notices]
[Page 43440-43441]
[DOCID:fr25jy08-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0393; FRL-8697-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; National Volatile Organic
Compound Emission Standards for Architectural Coatings (Renewal); EPA
ICR No. 1750.05; OMB Control No. 2060-0393

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before August 25,
2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0393, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Air and Radiation
Docket and Information Center, Mail Code 6102T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, and (2) OMB by mail to: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Bruce Moore, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Natural Resources and Commerce Group
(E143-03), Research Triangle Park, North Carolina 27711; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 15, 2008 (73 FR 28112), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any additional comments on this ICR should be submitted
to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0393 which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Air and Radiation Docket
is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: National Volatile Organic Compound Emission Standards for
Architectural Coatings (Renewal).
    ICR numbers: EPA ICR No. 1750.05, OMB Control No. 2060-0393.
    ICR Status: This ICR is scheduled to expire on July 31, 2008. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register 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 in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The information collection includes initial reports and
periodic recordkeeping necessary for EPA to ensure compliance with
Federal standards for volatile organic compounds in architectural
coatings. Respondents are manufacturers, distributors, and importers of
consumer products. Responses to the collection are mandatory under 40
CFR part 59, subpart D--National Volatile Organic Compound Emission
Standards for Architectural Coatings. All information submitted to the
EPA for which a claim of confidentiality is made will be safeguarded
according to the Agency policies set forth in 40 CFR part 2, subpart
B--Confidentiality of Business Information.
    Burden Statement: The annual public reporting and recordkeeping
burden for

this collection of information is estimated to average 33 hours per
respondent. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    Respondents/Affected Entities: Manufacturers and importers of
architectural coatings.
    Estimated Number of Respondents: 500.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 16,641 hours.
    Estimated Total Annual Cost: $1,224,507. This includes $1,224,507
in labor costs and no capital or O&M costs.
    Changes in Estimates: There is a reduction of 6,120 hours in the
total estimated respondent burden compared with that identified in the
OMB Inventory of Approved ICR Burdens. This reduction is a result of
revised estimates of number of exceedance fee reports and tonnage
exemption reports to be submitted. These revised estimates were updated
based on actual reports received in 2007 and 2008 in accordance with
OMB's terms of clearance when the existing ICR was previously renewed
in 2005. The estimated total annual costs decrease by $375,200 as a
result.

    Dated: July 21, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. E8-17090 Filed 7-24-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16223-16224]
[FR Doc No: 2016-06780]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0009]

Advisory Committee on Construction Safety and Health (ACCSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Announcement of special meeting of the ACCSH.

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SUMMARY: ACCSH will hold a special meeting April 25-26, 2016, in
Washington, DC, to draft a construction version of OSHA's planned
Safety and Health Program Management Guidelines.

DATES: ACCSH meeting: ACCSH will meet from 1 to 5:00 p.m., Monday,
April 25, 2016, and from 9:00 a.m. to 5:00 p.m., Tuesday, April 26,
2016.
    Submit (postmark, send, transmit) comments, requests to address the
ACCSH meeting, speaker presentations (written or electronic), and
requests for special accommodations for the ACCSH meeting, by April 15,
2016.

ADDRESSES:
    Submission of comments, requests to speak, and speaker
presentations for the ACCSH meeting: Submit comments, requests to
speak, and speaker presentations for the ACCSH meeting, using one of
the following methods:
    Electronically: Submit materials, including attachments,
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the on-line instructions for submissions.
    Facsimile (Fax): If the submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express mail, hand delivery, or messenger (courier)
service: Submit materials to the OSHA Docket Office, Docket No. OSHA-
2016-0009, Room N-2625, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY (877)
889-5627). OSHA's Docket Office accepts deliveries (hand deliveries,
express mail, and messenger service) during normal business hours, 8:15
a.m.-4:45 p.m., e.t., weekdays.
    Instructions: Submissions must include the agency name and docket
number for this Federal Register notice (Docket No. OSHA-2016-0009).
Due to security-related procedures, submissions by regular mail may
experience significant delays. Please contact the OSHA Docket Office
for information about security procedures for making submissions. For
additional information on submitting comments, requests to speak, and
speaker presentations, see the SUPPLEMENTARY INFORMATION section of
this notice.
    OSHA will post comments, requests to speak, and speaker
presentations, including any personal information provided, without
change, at: http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as Social Security numbers
and birthdates.
    Location of the ACCSH meeting: ACCSH will meet in Room N-3437 A-C,
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC
20210.
    Requests for special accommodations: Please submit requests for
special accommodations to attend the ACCSH meeting to Ms. Gretta
Jameson, OSHA, Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-1999; email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    For general information about ACCSH and ACCSH meetings: Mr. Damon
Bonneau, OSHA, Directorate of Construction, Room N-3468, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at: http://www.regulations.gov.
This notice, as well as news releases and other relevant information,
also are available on the OSHA Web page at: http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

ACCSH Meeting

    Background: ACCSH will meet April 25-26, 2016, in Washington, DC.
The meeting is open to the public. OSHA transcribes ACCSH meetings and
prepares detailed minutes of meetings. OSHA places the transcript and
minutes in the public docket for the meeting. The docket also includes
speaker presentations, comments, and other materials submitted to
ACCSH.
    ACCSH advises the Secretary of Labor and the Assistant Secretary of
Labor for Occupational Safety and Health (Assistant Secretary) in the
formulation of standards affecting the construction industry, and on
policy matters arising in the administration of the safety and health
provisions under the Contract Work Hours and Safety Standards Act
(Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the OSH Act
and CSA require that the Assistant Secretary consult with ACCSH before
the Agency proposes any occupational safety and health standard
affecting construction activities (29 CFR 1911.10; 40 U.S.C. 3704).
    Meeting agenda: The tentative agenda for this meeting includes:
     Assistant Secretary's remarks;
     Drafting of the construction version of the OSHA Safety
and Health Program Management Guidelines; and,
     Public Comment Period.
    Attending the meeting: Individuals attending the meeting at the
U.S. Department of Labor must enter the building at the visitors'
entrance, 3rd and C Streets, NW., and pass through building security.
Attendees must have valid government-issued photo identification (such
as a driver's license) to enter the building. For additional
information about building-security measures for attending ACCSH
meetings, please contact Ms. Jameson (see ``Requests for special
accommodations'' in the ADDRESSES section of this notice).
    Requests to speak and speaker presentations: Attendees who want to
address ACCSH at the meeting must submit a request to speak, as well as
any written or electronic presentation, by

April 15, 2016, using one of the methods listed in the ADDRESSES
section. The request must state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of your presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2010 and other Microsoft Office 2010
formats.
    Alternately, at the ACCSH meeting, you may request to address ACCSH
briefly by signing the public-comment request sheet and listing the
topic(s) you will address. You also must provide 20 hard copies of any
materials, written or electronic, you want to present to ACCSH.
    The ACCSH Chair may grant requests to address ACCSH as time and
circumstances permit.
    Public docket of the ACCSH meeting: OSHA will place comments,
requests to speak, and speaker presentations, including any personal
information you provide, in the public docket of this ACCSH meeting
without change, and those documents will be available online at: http://www.regulations.gov. OSHA also places in the public docket the meeting
transcript, meeting minutes, documents presented at the ACCSH meeting,
and other documents pertaining to the ACCSH meeting. These documents
are available online at: http://www.regulations.gov.
    Access to the public record of the ACCSH meeting: To read or
download documents in the public docket of this ACCSH meeting, go to
Docket No. OSHA-2016-0009 at: http://www.regulations.gov. The http://www.regulations.gov index also lists all documents in the public record
for this meeting; however, some documents (e.g., copyrighted materials)
are not publicly available through that Web page. All documents in the
public record, including materials not available through http://www.regulations.gov, are available for inspection in the OSHA Docket
Office (see ADDRESSES section). Contact the OSHA Docket Office for
assistance in making submissions to, or obtaining materials from, the
public docket.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by 29 U.S.C. 656; 40 U.S.C. 3704; 5 U.S.C.
App. 2; 29 CFR parts 1911 and 1912; 41 CFR 102-3; and Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on March 21, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-06780 Filed 3-24-16; 8:45 am]
 BILLING CODE 4510-26-P


 1.0 ug/dL = 0.04826 umol/L      1.0  ug/dL = 20.72 ug/dL
        0 ug/dL = 0.    umol/L
        5 ug/dL = 0.241 umol/L
       10 ug/dL = 0.483 umol/L
       15 ug/dL = 0.724 umol/L
       20 ug/dL = 0.965 umol/L
       25 ug/dL = 1.206 umol/L
       30 ug/dL = 1.448 umol/L
       35 ug/dL = 1.689 umol/L
       40 ug/dL = 1.930 umol/L
       45 ug/dL = 2.172 umol/L
       50 ug/dL = 2.413 umol/L

ERYTHROCYTE PROTOPORPHYRIN

 1.0 ug/dL = 0.01778 umol/L   1.0 umol/L = 56.25 ug/dL
      28 ug/dL  = 0.498  umol/L
      35 ug/dL  = 0.622  umol/L
      70 ug/dL  = 1.245  umol/L


[Federal Register: February 27, 2008 (Volume 73, Number 39)]
[Notices]
[Page 10498-10499]
[DOCID:fr27fe08-84]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17a-10; SEC File No. 270-507; OMB Control No. 3235-0563.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501, et seq.) the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Section 17(a) of the Investment Company Act of 1940 (15 U.S.C. 80a)
(the ``Act''), prohibits affiliated persons of a registered investment
company (``fund'') from borrowing money or other

property from, or selling or buying securities or other property to or
from the fund, or any company that the fund controls. Section 2(a)(3)
of the Act (15 U.S.C. 80a-2(a)(3)(E)) defines ``affiliated person'' of
a fund to include its investment advisers. Rule 17a-10 (17 CFR 270.17a-
10) permits (i) a subadviser of a fund to enter into transactions with
funds the subadviser does not advise but which are affiliated persons
of a fund that it does advise (e.g., other funds in the fund complex),
and (ii) a subadviser (and its affiliated persons) to enter into
transactions and arrangements with funds the subadviser does advise,
but only with respect to discrete portions of the subadvised fund for
which the subadviser does not provide investment advice.
    To qualify for the exemptions in rule 17a-10, the subadvisory
relationship must be the sole reason why section 17(a) prohibits the
transaction; and the advisory contracts of the subadviser entering into
the transaction, and any subadviser that is advising the purchasing
portion of the fund, must prohibit the subadvisers from consulting with
each other concerning securities transactions of the fund, and limit
their responsibility to providing advice with respect to discrete
portions of the fund's portfolio.\1\
---------------------------------------------------------------------------

    \1\ See 17 CFR 270.17a-10(a)(2).
---------------------------------------------------------------------------

    The Commission staff estimates that 3583 portfolios of
approximately 649 fund complexes use the services of one or more
subadvisers. Based on discussions with industry representatives, the
staff estimates that it requires approximately 6 hours to draft and
execute revised subadvisory contracts allowing funds and subadvisers to
rely on the exemptions in rule 17a-10.\2\ The staff assumes that all
existing funds amended their advisory contracts following the adoption
of rule 17a-10 in 2003 that conditioned certain exemptions upon these
contractual alterations, and therefore there is no continuing burden
for those funds.\3\
---------------------------------------------------------------------------

    \2\ Rules 12d3-1, 10f-3, 17a-10, and 17e-1 require virtually
identical modifications to fund advisory contracts. The Commission
staff assumes that funds would rely equally on the exemptions in
these rules, and therefore the burden hours associated with the
required contract modifications should be apportioned equally among
the four rules.
    \3\ We assume that funds formed after 2002 that intended to rely
on rule 17a-10 would have included the required provision as a
standard element in their initial subadvisory contracts.
---------------------------------------------------------------------------

    Based on an analysis of fund filings, the staff estimates that
approximately 600 fund portfolios enter into new subadvisory agreements
each year.\4\ Based on discussions with industry representatives, the
staff estimates that it will require approximately 3 attorney hours \5\
to draft and execute additional clauses in new subadvisory contracts in
order for funds and subadvisers to be able to rely on the exemptions in
rule 17a-10. Because these additional clauses are identical to the
clauses that a fund would need to insert in their subadvisory contracts
to rely on rules 10f-3, 12d3-1, and 17e-1, and because we believe that
funds that use one such rule generally use all of these rules, we
apportion this 3 hour time burden equally among all four rules.
Therefore, we estimate that the burden allocated to rule 17a-10 for
this contract change would be 0.75 hours.\6\ Assuming that all 600
funds that enter into new subadvisory contracts each year make the
modification to their contract required by the rule, we estimate that
the rule's contract modification requirement will result in 450 burden
hours annually, with an associated cost of approximately $131,400.\7\
---------------------------------------------------------------------------

    \4\ The use of subadvisers has grown rapidly over the last
several years, with approximately 600 portfolios that use
subadvisers registering between December 2005 and December 2006.
Based on information in Commission filings, we estimate that 31
percent of funds are advised by subadvisers.
    \5\ The Commission staff's estimates concerning the wage rates
for attorney time are based on salary information for the securities
industry compiled by the Securities Industry Association. The $292
per hour figure for an attorney is from the SIA Report on Management
& Professional Earnings in the Securities Industry 2006, modified to
account for an 1800-hour work-year and multiplied by 5.35 to account
for bonuses, firm size, employee benefits and overhead.
    \6\ This estimate is based on the following calculation (3 hours
/ 4 rules = .75 hours).
    \7\ These estimates are based on the following calculations:
(0.75 hours x 600 portfolios = 450 burden hours); ($292 per hour x
450 hours = $131,400 total cost).
---------------------------------------------------------------------------

    Written comments are invited on: (a) 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; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to<EMAIL_ADDRESS>
    Dated: February 19, 2008.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-3622 Filed 2-26-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49869-49871]
[FR Doc No: 2016-17845]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-6925; Special Conditions No. 25-623-SC]

Special Conditions: Embraer S.A. Model EMB-545 and EMB-550
Airplanes; Installation of an Airbag System To Limit the Axial Rotation
of the Upper Leg on Single- and Multiple-Place Side-Facing Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Embraer S.A.
(Embraer) Model EMB-545 and EMB-550 series airplanes. These airplanes
will have a novel or unusual design feature when compared to the state
of technology envisioned in the airworthiness standards for transport-
category airplanes. This feature is an airbag system designed to limit
the axial rotation of the upper leg on single-place and multiple-place
side-facing seats. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Embraer on July 29, 2016. We must
receive your comments by September 12, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-6925
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/. including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for

accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Jayson Claar, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplanes.
    In addition, the substance of these special conditions has been
subject to the public-comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good
cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On March 26, 2015, Embraer applied for a type design change for
their new Model EMB-545 and EMB-550 airplanes. These airplanes,
currently approved under type certificate no. TC00062IB, are
conventional configurations with low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The EMB-545 is designed for a maximum of 9 passengers and the
EMB-550 is designed for a maximum of 12 passengers. Both are equipped
with two Honeywell HTF7500-E medium-bypass-ratio turbofan engines
mounted on aft-fuselage pylons.
    Both airplane models have an interior configuration that includes
single- and multiple-place side-facing seats (both seating
configurations referred to as side-facing seats) that include an airbag
system in the shoulder belt for these seats, per special conditions no.
25-495-SC; and an airbag system to limit the axial rotation of the
upper leg (femur).

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, Embraer must show that the Model EMB-545 and EMB-550
airplanes meet the applicable provisions of the regulations listed in
type certificate no. TC00062IB, or the applicable regulations in effect
on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-545 and EMB-550
airplanes because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-545 and EMB-550 airplanes must comply with
the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and
the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Model EMB-545 and EMB-550 airplanes will incorporate the
following novel or unusual design features:
    An airbag system designed to limit the axial rotation of the upper
leg on single-place and multiple-place side-facing seats.

Discussion

    The FAA has developed a methodology to address all fully side-
facing seats (seats positioned in the airplane with the occupant facing
90 degrees to the direction of airplane travel), and documented those
requirements in special conditions 25-495-SC specifically for these
airplanes, including special conditions for the installation of airbag
systems in shoulder belts. Special condition 2(e) of those special
conditions contain safety criteria to address the potential for serious
upper-leg injuries.
    Serious leg injuries, such as femur fracture, can occur in aviation
side-facing seats. Such injuries could threaten the occupant's life
directly or eliminate the occupant's ability to evacuate the airplane.
Limiting upper-leg axial rotation to a conservative limit of 35 degrees
(approximately the 50-percentile range of motion) should limit the risk
of serious leg injury. Research suggests that the angle of rotation can
be determined by observing lower-leg flailing in typical high-speed
video of the dynamic tests. Alternately, the anthropomorphic test dummy
could be instrumented to directly measure upper-leg axial rotation.
This requirement complies with the intent of the Sec.  25.562(a) injury
criteria in preventing serious leg injury.
    To comply with special condition 2(e) on some seat positions,
Embraer proposes to install leg-flail airbags. This airbag is not
addressed in special conditions 25-495-SC. Therefore, the FAA must
issue new special conditions to address this leg-flail airbag
installation. These special conditions are similar to other special
conditions previously issued for airbags.
    The FAA has issued special conditions in the past for airbag
systems on lap belts for some forward-facing seats. These special
conditions for the airbag system in the shoulder belt are based on the
previous special conditions for airbag systems on lap belts with some
changes to address the specific issues of side-facing seats. The
special conditions are not an installation approval. Therefore, while
the special conditions relate to each such system installed, the
overall installation approval is a separate finding, and must consider
the combined effects of all such systems installed.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to
Model EMB-545 and EMB-550 airplanes. Should Embraer apply at a later
date for

a change to the type certificate to include another model incorporating
the same novel or unusual design feature, these special conditions
would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplanes. It is not a rule of general
applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Embraer Model EMB-550 and Model-545
series airplanes.
    In addition to the requirements of Sec. Sec.  25.562 and 25.785,
and special conditions no. 25-495-SC, the following special conditions
are part of the type certification basis for the Embraer Model EMB-545
and EMB-550 series airplanes with leg-flail airbags installed on side-
facing seats.
    1. For seats with a leg-flail airbag system, the system must deploy
and provide protection under crash conditions where it is necessary to
prevent serious injury. The means of protection must take into
consideration a range of stature from a 2-year-old child to a 95th-
percentile male. At some buttock popliteal length and effective seat-
bottom depth, the lower legs will not be able to form a 90-degree angle
relative to the upper leg; at this point, the lower leg flail would not
occur. The leg-flail airbag system must provide a consistent approach
to prevention of leg flail throughout that range of occupants whose
lower legs can form a 90-degree angle relative to the upper legs when
seated upright in the seat. Items that need to be considered include,
but are not limited to, the range of occupants' popliteal height, the
range of occupants' buttock popliteal length, the design of the seat
effective height above the floor, and the effective depth of the seat-
bottom cushion.
    2. The leg-flail airbag system must provide adequate protection for
each occupant regardless of the number of occupants of the seat
assembly, considering that unoccupied seats may have an active leg-
flail airbag system.
    3. The leg-flail airbag system must not be susceptible to
inadvertent deployment as a result of wear and tear, or inertial loads
resulting from in-flight or ground maneuvers (including gusts and hard
landings), and other operating and environmental conditions
(vibrations, moisture, etc.) likely to occur in service.
    4. Deployment of the leg-flail airbag system must not introduce
injury mechanisms to the seated occupant, or result in injuries that
could impede rapid egress.
    5. Inadvertent deployment of the leg-flail airbag system, during
the most critical part of the flight, must either meet the requirement
of Sec.  25.1309(b), or not cause a hazard to the airplane or its
occupants.
    6. The leg-flail airbag system must not impede rapid egress of
occupants from the airplane 10 seconds after airbag deployment.
    7. The leg-flail airbag system must be protected from lightning and
high-intensity radiated fields (HIRF). The threats to the airplane
specified in existing regulations regarding lightning (Sec.  25.1316)
and HIRF (Sec.  25.1317) are incorporated by reference for the purpose
of measuring lightning and HIRF protection.
    8. The leg-flail airbag system must function properly after loss of
normal airplane electrical power, and after a transverse separation of
the fuselage at the most critical location. A separation at the
location of the leg-flail airbag system does not have to be considered.
    9. The leg-flail airbag system must not release hazardous
quantities of gas or particulate matter into the cabin.
    10. The leg-flail airbag system installation must be protected from
the effects of fire such that no hazard to occupants will result.
    11. A means must be available to verify the integrity of the leg-
flail airbag system's activation system prior to each flight, or the
leg-flail airbag system's activation system must reliably operate
between inspection intervals. The FAA considers that the loss of the
leg-flail airbag system's deployment function alone (i.e., independent
of the conditional event that requires the leg-flail airbag system's
deployment) is a major-failure condition.
    12. The airbag inflatable material may not have an average burn
rate of greater than 2.5 inches per minute when tested using the
horizontal flammability test defined in part 25, appendix F, part I,
paragraph (b)(5).
    13. The leg-flail airbag system, once deployed, must not adversely
affect the emergency-lighting system (i.e., block floor-proximity
lights to the extent that the lights no longer meet their intended
function).

    Issued in Renton, Washington, on July 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-17845 Filed 7-28-16; 8:45 am]
BILLING CODE 4910-13-P