PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ Office of Air and Radiation 2. OMB control number b. X None a 2060 3. Type of information collection ( check one) a. X New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Air Emissions Reporting Requirements ( AERR) Proposed Amendments 8. Agency form number( s) ( If applicable) EPA ICR # 2170.01 9. Keywords emissions inventories, emissions reporting, ozone, particulate matter, sulfur dioxide, nitrogen oxides, volatile organic compounds 10. Abstract The information to be collected under this ICR would simplify and consolidate existing emission reporting requirements found in four EPA regulations. These are: the Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone ( Clean Air Interstate Rule) ( CAIR), the Consolidated Emissions Reporting Rule ( CERR), the Emission Reporting Requirements for Ozone State Implementation Plan ( SIP) Revisions Relating to Statewide Budgets for NOX Emissions to Reduce Regional Transport of Ozone ( NOX SIP Call) and the Acid Rain Program under Title IV of the CAA Amendments of 1990. The AERR adds some additional reporting requirements, but the net result from AERR is a small decrease in reporting burden.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. X Business or other for profit e. Federal Government c. Not for profit institutions f. P State, Local or Tribal Govt. Primary affected public: b. State, Local or Tribal Govt. 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. _ Voluntary b. _ Required to obtain or retain benefits c. P Mandatory Primary obligation to respond: c. Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 104 b. Total annual responses 219 1. Percentage of these responses collected electronically 95 % c. Total hours requested 1 d. Current OMB inventory 0 e. Difference 1 f. Explanation of difference 1. Program Change 1 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f. Explanation of difference 1. Program change 0 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. P_ Program planning or management b. X Program evaluation f. X Research c. X_ General purpose statistics g. X_ Regulatory or compliance d. _ Audit Primary purpose of information collection: e. 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. X Other ( describe) Triennial 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Bill Kuykendal Phone: 919 541 5372 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Stephen D. Page, Director Office of Air Quality Planning and Standards Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95


(4) Notwithstanding a finding that a complainant has made a prima
facie showing, as required by this section, further investigation of
the complaint will not be conducted if the respondent demonstrates by
clear and convincing

evidence that it would have taken the same adverse action in the
absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to
satisfy the burden set forth in the prior paragraph, OSHA will proceed
with the investigation. The investigation will proceed whenever it is
necessary or appropriate to confirm or verify the information provided
by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as
provided for in Sec.  1980.105, if OSHA has reasonable cause, on the
basis of information gathered under the procedures of this part, to
believe that the respondent has violated the Act and that preliminary
reinstatement is warranted, OSHA will contact the respondent (or the
respondent's legal counsel, if respondent is represented by counsel) to
give notice of the substance of the relevant evidence supporting the
complainant's allegations as developed during the course of the
investigation. This evidence includes any witness statements, which
will be redacted to protect the identity of confidential informants
where statements were given in confidence; if the statements cannot be
redacted without revealing the identity of confidential informants,
summaries of their contents will be provided. The complainant will also
receive a copy of the materials that must be provided to the respondent
under this paragraph. Before providing such materials to the
complainant, OSHA will redact them, if necessary, in accordance with
the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable
confidentiality laws. The respondent will be given the opportunity to
submit a written response, to meet with the investigator, to present
statements from witnesses in support of its position, and to present
legal and factual arguments. The respondent will present this evidence
within 10 business days of OSHA's notification pursuant to this
paragraph, or as soon afterwards as OSHA and the respondent can agree,
if the interests of justice so require.

Sec.  1980.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during
the investigation, the Assistant Secretary shall issue, within 60 days
of the filing of the complaint, written findings as to whether or not
there is reasonable cause to believe that the respondent has retaliated
against the complainant in violation of the Act.
    (1) If the Assistant Secretary concludes that there is reasonable
cause to believe that a violation has occurred, the Assistant Secretary
will accompany the findings with a preliminary order providing relief
to the complainant. The preliminary order will include all relief
necessary to make the employee whole, including reinstatement with the
same seniority status that the complainant would have had but for the
retaliation; back pay with interest; and compensation for any special
damages sustained as a result of the retaliation, including litigation
costs, expert witness fees, and reasonable attorney fees. Interest on
back pay will be calculated using the interest rate applicable to
underpayment of taxes under 26 U.S.C. 6621 and will be compounded
daily. The preliminary order will also require the respondent to submit
appropriate documentation to the Social Security Administration
allocating any back pay award to the appropriate calendar quarters.
    (2) If the Assistant Secretary concludes that a violation has not
occurred, the Assistant Secretary will notify the parties of that
finding.
    (b) The findings, and where appropriate, the preliminary order will
be sent by certified mail, return receipt requested (or other means
that allow OSHA to confirm receipt), to all parties of record (and each
party's legal counsel if the party is represented by counsel). The
findings, and where appropriate, the preliminary order will inform the
parties of the right to object to the findings and/or order and to
request a hearing, and of the right of the respondent to request an
award of attorney fees not exceeding $1,000 from the administrative law
judge (ALJ) regardless of whether the respondent has filed objections,
if the complaint was frivolous or brought in bad faith. The findings,
and where appropriate, the preliminary order, also will give the
address of the Chief Administrative Law Judge, U.S. Department of
Labor. At the same time, the Assistant Secretary will file with the
Chief Administrative Law Judge a copy of the original complaint and a
copy of the findings and/or order.
    (c) The findings and any preliminary order will be effective 30
days after receipt by the respondent (or the respondent's legal counsel
if the respondent is represented by counsel), or on the compliance date
set forth in the preliminary order, whichever is later, unless an
objection and/or a request for hearing has been timely filed as
provided at Sec.  1980.106. However, the portion of any preliminary
order requiring reinstatement will be effective immediately upon the
respondent's receipt of the findings and the preliminary order,
regardless of any objections to the findings and/or the order.

Subpart B--Litigation

Sec.  1980.106  Objections to the findings and the preliminary order
and request for a hearing.

    (a) Any party who desires review, including judicial review, of the
findings and preliminary order, or a respondent alleging that the
complaint was frivolous or brought in bad faith who seeks an award of
attorney fees under the Act, must file any objections and/or a request
for a hearing on the record within 30 days of receipt of the findings
and preliminary order pursuant to Sec.  1980.105(b). The objections
and/or request for a hearing must be in writing and state whether the
objections are to the findings and/or the preliminary order, and/or
whether there should be an award of attorney fees. The date of the
postmark, facsimile transmittal, or electronic communication
transmittal is considered the date of filing; if the objection is filed
in person, by hand-delivery or other means, the objection is filed upon
receipt. Objections must be filed with the Chief Administrative Law
Judge, U.S. Department of Labor, and copies of the objections must be
mailed at the same time to the other parties of record, the OSHA
official who issued the findings and order, the Assistant Secretary,
and the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor.
    (b) If a timely objection is filed, all provisions of the
preliminary order will be stayed, except for the portion requiring
preliminary reinstatement, which will not be automatically stayed. The
portion of the preliminary order requiring reinstatement will be
effective immediately upon the respondent's receipt of the findings and
preliminary order, regardless of any objections to the order. The
respondent may file a motion with the Office of Administrative Law
Judges for a stay of the Assistant Secretary's preliminary order of
reinstatement, which shall be granted only based on exceptional
circumstances. If no timely objection is filed with respect to either
the findings or the preliminary order, the findings and/or preliminary
order will become the final decision of the Secretary, not subject to
judicial review.

Sec.  1980.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted
in accordance with the rules of practice and procedure for
administrative

hearings before the Office of Administrative Law Judges, codified at
subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief
Administrative Law Judge will promptly assign the case to an ALJ who
will notify the parties, by certified mail, of the day, time, and place
of hearing. The hearing is to commence expeditiously, except upon a
showing of good cause or unless otherwise agreed to by the parties.
Hearings will be conducted de novo, on the record. ALJs have broad
discretion to limit discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the
findings and/or order, the objections will be consolidated and a single
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or
principles designed to assure production of the most probative evidence
will be applied. The ALJ may exclude evidence that is immaterial,
irrelevant, or unduly repetitious.

Sec.  1980.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every
proceeding and must be served with copies of all documents in the case.
At the Assistant Secretary's discretion, the Assistant Secretary may
participate as a party or as amicus curiae at any time at any stage of
the proceeding. This right to participate includes, but is not limited
to, the right to petition for review of a decision of an ALJ, including
a decision approving or rejecting a settlement agreement between the
complainant and the respondent.
    (2) Parties must send copies of documents to OSHA and to the
Associate Solicitor, Division of Fair Labor Standards, U.S. Department
of Labor, only upon request of OSHA, or when OSHA is participating in
the proceeding, or when service on OSHA and the Associate Solicitor is
otherwise required by these rules.
    (b) The Securities and Exchange Commission, if interested in a
proceeding, may participate as amicus curiae at any time in the
proceeding, at the Commission's discretion. At the request of the
Securities and Exchange Commission, copies of all documents in a case
must be sent to the Commission, whether or not the Commission is
participating in the proceeding.

Sec.  1980.109  Decision and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings,
conclusions, and an order pertaining to the remedies provided in
paragraph (d) of this section, as appropriate. A determination that a
violation has occurred may be made only if the complainant has
demonstrated by a preponderance of the evidence that protected activity
was a contributing factor in the adverse action alleged in the
complaint.
    (b) If the complainant has satisfied the burden set forth in the
prior paragraph, relief may not be ordered if the respondent
demonstrates by clear and convincing evidence that it would have taken
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without
completing an investigation pursuant to Sec.  1980.104(e) nor OSHA's
determination to proceed with an investigation is subject to review by
the ALJ, and a complaint may not be remanded for the completion of an
investigation or for additional findings on the basis that a
determination to dismiss was made in error. Rather, if there otherwise
is jurisdiction, the ALJ will hear the case on the merits or dispose of
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the
law, the order will provide all relief necessary to make the employee
whole, including, reinstatement with the same seniority status that the
complainant would have had but for the retaliation; back pay with
interest; and compensation for any special damages sustained as a
result of the retaliation, including litigation costs, expert witness
fees, and reasonable attorney fees. Interest on back pay will be
calculated using the interest rate applicable to underpayment of taxes
under 26 U.S.C. 6621 and will be compounded daily. The order will also
require the respondent to submit appropriate documentation to the
Social Security Administration allocating any back pay award to the
appropriate calendar quarters.
    (2) If the ALJ determines that the respondent has not violated the
law, an order will be issued denying the complaint. If, upon the
request of the respondent, the ALJ determines that a complaint was
frivolous or was brought in bad faith, the judge may award to the
respondent reasonable attorney fees, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding,
the Assistant Secretary, and the Associate Solicitor, Division of Fair
Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring
reinstatement or lifting an order of reinstatement by the Assistant
Secretary will be effective immediately upon receipt of the decision by
the respondent. All other portions of the ALJ's order will be effective
14 days after the date of the decision unless a timely petition for
review has been filed with the Administrative Review Board (ARB). The
decision of the ALJ will become the final order of the Secretary unless
a petition for review is timely filed with the ARB, and the ARB accepts
the petition for review.

Sec.  1980.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review,
of a decision of the ALJ, or a respondent alleging that the complaint
was frivolous or brought in bad faith who seeks an award of attorney
fees, must file a written petition for review with the ARB, which has
been delegated the authority to act for the Secretary and issue final
decisions under this part. The parties should identify in their
petitions for review the legal conclusions or orders to which they
object, or the objections may be deemed waived. A petition must be
filed within 14 days of the date of the decision of the ALJ. The date
of the postmark, facsimile transmittal, or electronic communication
transmittal will be considered to be the date of filing; if the
petition is filed in person, by hand-delivery or other means, the
petition is considered filed upon receipt. The petition must be served
on all parties and on the Chief Administrative Law Judge at the time it
is filed with the ARB. Copies of the petition for review must be served
on the Assistant Secretary and on the Associate Solicitor, Division of
Fair Labor Standards, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph
(a) of this section, the decision of the ALJ will become the final
order of the Secretary unless the ARB, within 30 days of the filing of
the petition, issues an order notifying the parties that the case has
been accepted for review. If a case is accepted for review, the
decision of the ALJ will be inoperative unless and until the ARB issues
an order adopting the decision, except that any order of reinstatement
will be effective while review is conducted by the ARB, unless the ARB
grants a motion by the respondent to stay the order based on
exceptional circumstances. The ARB will specify the terms under which
any briefs are to be filed. The ARB will review the factual
determinations of the ALJ under the substantial evidence standard. If
no timely petition for

review is filed, or the ARB denies review, the decision of the ALJ will
become the final order of the Secretary. If no timely petition for
review is filed, the resulting final order is not subject to judicial
review.
    (c) The final decision of the ARB shall be issued within 120 days
of the conclusion of the hearing, which will be deemed to be 14 days
after the date of the decision of the ALJ unless a motion for
reconsideration has been filed with the ALJ in the interim. In such
case, the conclusion of the hearing is the date the motion for
reconsideration is ruled upon or 14 days after a new decision is
issued. The ARB's final decision will be served upon all parties and
the Chief Administrative Law Judge by mail. The final decision will
also be served on the Assistant Secretary and on the Associate
Solicitor, Division of Fair Labor Standards, even if the Assistant
Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law,
the ARB will issue a final order providing all relief necessary to make
the complainant whole, including reinstatement with the same seniority
status that the complainant would have had but for the retaliation;
back pay with interest; and compensation for any special damages
sustained as a result of the retaliation, including litigation costs,
expert witness fees, and reasonable attorney fees. Interest on back pay
will be calculated using the interest rate applicable to underpayment
of taxes under 26 U.S.C. 6621 and will be compounded daily. The order
will also require the respondent to submit appropriate documentation to
the Social Security Administration allocating any back pay award to the
appropriate calendar quarters.
    (e) If the ARB determines that the respondent has not violated the
law, an order will be issued denying the complaint. If, upon the
request of the respondent, the ARB determines that a complaint was
frivolous or was brought in bad faith, the ARB may award to the
respondent reasonable attorney fees, not exceeding $1,000.

Subpart C--Miscellaneous Provisions

Sec.  1980.111  Withdrawal of complaints, findings, objections, and
petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant
Secretary's findings and/or preliminary order, a complainant may
withdraw his or her complaint by notifying OSHA, orally or in writing,
of his or her withdrawal. OSHA then will confirm in writing the
complainant's desire to withdraw and determine whether to approve the
withdrawal. OSHA will notify the parties (and each party's legal
counsel if the party is represented by counsel) of the approval of any
withdrawal. If the complaint is withdrawn because of settlement, the
settlement must be submitted for approval in accordance with paragraph
(d) of this section. A complainant may not withdraw his or her
complaint after the filing of objections to the Assistant Secretary's
findings and/or preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or
preliminary order at any time before the expiration of the 30-day
objection period described in Sec.  1980.106, provided that no
objection has been filed yet, and substitute new findings and/or a new
preliminary order. The date of the receipt of the substituted findings
and/or order will begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or
order become final, a party may withdraw objections to the Assistant
Secretary's findings and/or order by filing a written withdrawal with
the ALJ. If the case is on review with the ARB, a party may withdraw a
petition for review of an ALJ's decision at any time before that
decision becomes final by filing a written withdrawal with the ARB. The
ALJ or the ARB, as the case may be, will determine whether to approve
the withdrawal of the objections or the petition for review. If the ALJ
approves a request to withdraw objections to the Assistant Secretary's
findings and/or order, and there are no other pending objections, the
Assistant Secretary's findings and/or order will become the final order
of the Secretary. If the ARB approves a request to withdraw a petition
for review of an ALJ decision, and there are no other pending petitions
for review of that decision, the ALJ's decision will become the final
order of the Secretary. If objections or a petition for review are
withdrawn because of settlement, the settlement must be submitted for
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a
complaint, and before the findings and/or order are objected to or
become a final order by operation of law, the case may be settled if
OSHA, the complainant and the respondent agree to a settlement. OSHA's
approval of a settlement reached by the respondent and the complainant
demonstrates OSHA's consent and achieves the consent of all three
parties.
    (2) Adjudicatory settlements. At any time after the filing of
objections to the Assistant Secretary's findings and/or order, the case
may be settled if the participating parties agree to a settlement and
the settlement is approved by the ALJ if the case is before the ALJ, or
by the ARB if the ARB has accepted the case for review. A copy of the
settlement will be filed with the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, or the ARB, will
constitute the final order of the Secretary and may be enforced in
United States district court pursuant to Sec.  1980.113.

Sec.  1980.112  Judicial review.

    (a) Within 60 days after the issuance of a final order under
Sec. Sec.  1980.109 and 1980.110, any person adversely affected or
aggrieved by the order may file a petition for review of the order in
the United States Court of Appeals for the circuit in which the
violation allegedly occurred or the circuit in which the complainant
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case,
including the record of proceedings before the ALJ, will be transmitted
by the ARB or the ALJ, as the case may be, to the appropriate court
pursuant to the Federal Rules of Appellate Procedure and the local
rules of such court.

Sec.  1980.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order
of reinstatement, or a final order, including one approving a
settlement agreement, issued under the Act, the Secretary may file a
civil action seeking enforcement of the order in the United States
district court for the district in which the violation was found to
have occurred. Whenever any person has failed to comply with a
preliminary order of reinstatement, or a final order, including one
approving a settlement agreement, issued under the Act, a person on
whose behalf the order was issued may file a civil action seeking
enforcement of the order in the appropriate United States district
court.

Sec.  1980.114  District court jurisdiction over retaliation
complaints.

    (a) If the Secretary has not issued a final decision within 180
days of the filing of the complaint, and there is no showing that there
has been delay due to the bad faith of the complainant, the complainant
may bring an action at law or equity for de novo review in the
appropriate district court of the United

States, which will have jurisdiction over such an action without regard
to the amount in controversy. A party to an action brought under this
paragraph shall be entitled to trial by jury.
    (b) A proceeding under paragraph (a) of this section shall be
governed by the same legal burdens of proof specified in Sec.
1980.109. An employee prevailing in any action under paragraph (a) of
this section shall be entitled to all relief necessary to make the
employee whole, including:
    (1) Reinstatement with the same seniority status that the employee
would have had, but for the retaliation;
    (2) The amount of back pay, with interest;
    (3) Compensation for any special damages sustained as a result of
the retaliation; and
    (4) Litigation costs, expert witness fees, and reasonable attorney
fees.
    (c) Within seven days after filing a complaint in federal court, a
complainant must file with OSHA, the ALJ, or the ARB, depending on
where the proceeding is pending, a copy of the file-stamped complaint.
A copy of the complaint also must be served on the OSHA official who
issued the findings and/or preliminary order, the Assistant Secretary,
and the Associate Solicitor, Division of Fair Labor Standards, U.S.
Department of Labor.

Sec.  1980.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of this
part, or for good cause shown, the ALJ or the ARB on review may, upon
application, after three days notice to all parties, waive any rule or
issue any orders that justice or the administration of the Act
requires.

[FR Doc. 2015-05001 Filed 3-4-15; 08:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64220-64222]
[FR Doc No: 2020-22361]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0106]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Nauto, Inc.

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant the Nauto, Inc. (Nauto) application for
a limited 5-year exemption to allow its multi-sensor device to be
mounted lower in the windshield on commercial motor vehicles (CMV) than
is currently permitted. The Agency has determined that lower placement
of the multi-sensor device would not have an adverse impact on safety
and that adherence to the terms and conditions of the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level of safety provided by the regulation.

DATES: This exemption is applicable October 9, 2020 and ending October
9, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations. The online Federal document management system is
available 24 hours each day, 365 days each year. The docket number is
listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs).

FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted. The Agency must
also provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

Nauto's Application for Exemption

    Nauto applied for an exemption from 49 CFR 393.60(e)(1) to allow
its multi-sensor device to be mounted lower in the windshield than is
currently permitted by the Agency's regulations to allow optimal
functionality of the multi-sensor device. A copy of the application is
included in the docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas and similar devices must not be mounted more than 152 mm (6
inches) below the upper edge of the windshield, and must be outside the
driver's sight lines to the road and highway signs and signals.
However, Sec.  393.60(e)(1)(i) does not apply to vehicle safety
technologies, as defined in Sec.  393.5, that include ``a fleet-related
incident management system, performance or behavior management system,
speed management system, forward collision warning or mitigation
system, active cruise control system, and transponder.'' Section
393.60(e)(1)(ii) requires devices with vehicle safety technologies to
be mounted (1) not more than 100 mm (4 inches) below the upper edge of
the area swept by the windshield wipers, or (2) not more than 175 mm (7
inches) above the lower edge of the area swept by the windshield
wipers, and (3) outside the driver's sight lines to the road and
highway signs and signals.
    In its application, Nauto states that its technology uses a real-
time, AI-powered Driver Behavior Learning Platform that utilizes a
sophisticated road- and driver-facing, multi-sensor device equipped
with interior and exterior image sensors on the windshield that
continuously analyze driving activities. Nauto states that the interior
image sensors identify and analyze driver actions and objects to detect
distracted, drowsy, and risky driving, while the exterior image sensors
detect threats such as vehicles ahead. In addition to the visual risks
detected through AI on the image sensors, Nauto fuses all sensor data,
including vehicle speed, location, and telemetry data, to build a
complete, real-time risk assessment and predict risky events in
context. Nauto states that its technology helps predict, prevent and
reduce distracted/risky driving, alerts drivers in real time, and
allows for on-demand coaching of drivers. The technology also allows
for the monitoring of fleets and drivers, which assists companies in
identifying safety problems that can inform safety programs and
policies.
    Nauto states that its technology ``cannot function properly unless
the device is mounted on a windshield at a location that allows the
multiple sensors to have sufficient viewing angles to both the driver
and exterior environment surrounding the vehicle and to ensure
visibility of sensors to the roadway ahead the sensor placement must be
within the area swept by the windshield wipers.'' While the FMCSRs
permit vehicle safety technologies to be placed within the swept area
of the windshield under specified conditions, Nauto states that in some
vehicles, its multi-sensor device must be placed lower than permitted
by the regulation. Specifically, Nauto notes that its device is:

. . . typically placed in the top of the center of the vehicle's
windshield. When possible, the device is located just below the
vehicle's headliner, outside of the driver's field of vision.
Sometimes such a placement is not possible, and the device is placed
on either side of the mirror, no more than four inches below the
upper edge of the area swept by the windshield wipers. But in some
vehicles, the device must be placed more than four inches below the
upper edge of the area swept by the windshield wipers . . . The
device's placement is never within the driver's sight lines to the
road and to highway signs and signals, and would not impair a
driver's ability to safely operate the vehicle. In the largest
vehicles, the device may be placed up to eight inches below the
upper edge of the area swept by the wipers, but in no event in a
location that could impair a driver's ability to safely operate the
vehicle.

    Without the proposed exemption, Nauto states that it will not be
able to deploy its multi-sensor device in a manner that would provide
the range of benefits achievable with the technology because for the
device to fully function, placement must be, in some cases, outside of
the mounting area allowed by the FMCSRs. The exemption would apply to
all CMVs equipped with Nauto's multi-sensor device mounted on the
windshield. Nauto believes that mounting the system as described will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register
on April 2, 2020, and asked for public comment (85 FR 18632).
    The Agency received no comments on the exemption application.

FMCSA Decision

    FMCSA has evaluated the Nauto exemption application. In certain
vehicles, the multi-sensor device must be located up to 8 inches below
the top of the area swept by the windshield wipers. The device needs to
be mounted in this location to ensure that the multiple sensors have
sufficient viewing angles to both the driver and exterior environment
surrounding the vehicle, and to ensure the clear visibility of the
sensors to the roadway ahead. The Agency believes that granting the
exemption to allow placement of the multi-sensor device lower than
currently permitted by Agency regulations will likely provide a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption because (1) based on the technical
information available, there is no indication that the multi-sensor
device would obstruct drivers' views of the roadway, highway signs and
surrounding traffic; (2) generally, trucks and buses have an elevated
seating position that greatly improves the forward visual field of the
driver, and any impairment of available sight lines would be minimal;
and (3) the mounting location 8 inches below the upper edge of the
windshield and out of the driver's normal sightline will be reasonable
and enforceable at roadside. In addition, the Agency believes that the
use of the multi-sensor device by fleets is likely to improve the
overall level of safety to the motoring public.
    This action is consistent with previous Agency action permitting
the placement of similarly-sized devices on

CMVs outside the driver's sight lines to the road and highway signs and
signals. FMCSA is not aware of any evidence showing that the
installation of other vehicle safety technologies mounted on the
interior of the windshield has resulted in any degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning October 9, 2020 and ending October 9, 2025. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with Nauto's multi-sensor device in the approximate
center of the top of the windshield and such that the bottom edge of
the multi-sensor device housing is approximately 8 inches below the
upper edge of the area swept by the windshield wipers, outside of the
driver's and passenger's normal sight lines to the road ahead, highway
signs and signals, and all mirrors. The exemption will be valid for 5
years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail
to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
    Interested parties possessing information that would demonstrate
that motor carriers operating CMVs equipped with Nauto's multi-sensor
device are not achieving the requisite statutory level of safety should
immediately notify FMCSA. The Agency will evaluate any such information
and, if safety is being compromised or if the continuation of the
exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will
take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-22361 Filed 10-8-20; 8:45 am]
BILLING CODE 4910-EX-P