     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460                                                                      OFFICE OF CHEMICAL SAFTEY AND POLLUTION PREVENTION

RE:  	Meeting with the National Waste and Recycling Administration (NWRA) and EPA to discuss risk management for cyclic aliphatic bromide cluster (HBCD)

List of Documents  Meeting Summary  Attendees Meeting Summary On February 17, 2021, EPA held a conference call with NWRA to discuss early guidance on risk management options for cyclic aliphatic bromide cluster (HBCD).

Attendees EPA:  Tim Lehman Sue Slotnick Sarah Cox

NWRA: Anne Germain


[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48422-48424]
[FR Doc No: 2017-22594]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0913]
RIN 1625-AA00

Safety Zone; Ohio River, Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Ohio River extending from mile marker (MM)
469.5 to MM 470.1. This action is necessary to provide for the safety
of life on the navigable waters near Cincinnati, OH, during the Arthur
Rozzi Pyrotechnics display. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the
Port, Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 7:45 p.m. through 8:45 p.m. on
October 19, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0913 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Joshua Herriott,
Sector Ohio Valley, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. This action is
necessary to ensure the safety of life during the Arthur Rozzi
Pyrotechnics display. It is impracticable to publish an NPRM because
the Coast Guard must establish this safety zone by October 19, 2017 and
we lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying this rule would be contrary to public
interest in ensuring the safety of spectators and vessels during the
event because immediate action is necessary to prevent possible loss of
life and property. Broadcast Notices to Mariners (BNM) and sharing
information with the waterway users will update mariners of the
restrictions, requirements and enforcement times during this temporary
situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the fireworks display from 7:45
p.m. through 8:45 p.m. on October 19, 2017 will be a safety concern for
all navigable waters of the Ohio River extending from mile marker (MM)
469.5 to MM 470.1. The purpose of this rule is to ensure safety of life
on the navigable waters in the temporary safety zone before, during,
and after the Arthur Rozzi Pyrotechnics Display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 7:45 p.m.
through 8:45

p.m. on October 19, 2017. The temporary safety zone will cover all
waters of the Ohio River extending from MM 469.5 to MM 470.1. The
duration of the temporary safety zone is intended to ensure the safety
of vessels and these navigable waters before, during, and after the
scheduled fireworks display. No vessel or person will be permitted to
enter the temporary safety zone without obtaining permission from the
COTP or a designated representative.
    Requests to enter the safety zone will be considered and reviewed
on a case-by-case basis. The COTP may be contacted by telephone at 1-
800-253-7475 or can be reached by VHF-FM channel 16. Public
notifications will be made to the local maritime community prior to the
event through the Local Notice to Mariners and Broadcast Notice to
Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the temporary safety zone. The
temporary safety zone will only be in effect for one hour and covers an
area of the waterway extending less than one mile. The Coast Guard
expects minimum adverse impact to mariners from the temporary safety
zone activation as the event has been advertised to the public. Also,
mariners may request authorization from the COTP or a designated
representative to transit the temporary safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental Federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for Federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

 F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves special local regulated area that would prohibit entry
for one hour and covers an area of the waterway extending less than one
mile on the Ohio River. It is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

jeopardizing the safety or security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1

0
2. Add Sec.  165.T08-0913 to read as follows:

Sec.  165.T08-0913   Safety zone; Ohio River, Cincinnati, OH.

    (a) Location. The following area is a safety zone: All navigable
waters of the Ohio River between mile marker (MM) 469.5 and MM 470.1 in
Cincinnati, OH.
    (b) Effective period. This temporary safety zone will be enforced
from 7:45 p.m. through 8:45 p.m. on October 19, 2017.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative. Persons or vessels desiring to
enter into or pass through the zone must request permission from the
COTP or a designated representative. They may be contacted on VHF-FM
radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to deviate from this safety zone
regulation and enter the restricted area must transit at the slowest
safe speed and comply with all lawful directions issued by the COTP or
a designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.

    Dated: October 10, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-22594 Filed 10-17-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Rules and Regulations]
[Pages 40489-40491]
[FR Doc No: 2017-18031]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0627]
RIN 1625-AA00

Safety Zone; Atlantic Ocean, Ocean City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the waters of
the Atlantic Ocean adjacent to Ocean City, NJ on August 26, 2017. The
safety zone will restrict vessel traffic from operating on a portion of
Atlantic Ocean during a fireworks display. This safety zone is
necessary to protect the public, spectators and vessels from the
hazards associated with a fireworks display. The safety zone restricts
vessels from transiting the zone during the effective period, unless
authorized by the Captain of the Port Delaware Bay or a designated
representative.

DATES: This rule is effective on August 26, 2017, from 9 p.m. to 11:59
p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0627 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are impracticable, unnecessary, or contrary to the public
interest. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for foregoing public comment with respect to this rule.
Insufficient time remains to publish a Notice of Proposed Rule Making
(NPMR) and allow for a public comment period before the event, which is
scheduled to take place on August 26, 2017. The safety zone must be in
effect on that date in order to serve its purpose of ensuring the
safety of spectators and the general public from hazards associated
with a fireworks display. Hazards include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. For those reasons, it would be impracticable and contrary to
the public interest to publish an NPRM.
    For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the FR. Delaying the effective date
would be contrary to the rule's objectives of ensuring safety of life
on the navigable waters and protection of persons and vessels in the
vicinity of the fireworks display. The event has been widely publicized
in local media outlets.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Delaware Bay has determined that this temporary safety
zone is

necessary to provide safety during the fireworks events, and to ensure
protection of the public.

IV. Discussion of the Rule

    On August 26, 2017, a fireworks display event will take place on
the waters of the Atlantic Ocean adjacent to Ocean City, NJ. The Coast
Guard is establishing a temporary safety zone in a portion of the
Atlantic Ocean adjacent to Ocean City, NJ to ensure the safety of
persons, vessels and the public during the event. The proposed safety
zone includes all waters of the North Atlantic Ocean within a 600 yard
radius of the fireworks barge in approximate location latitude
39[deg]16'22'' N., longitude 074[deg]33'54'' W., in the vicinity of the
shoreline at Ocean City, NJ.
    The fireworks display is expected to occur between 9:30 p.m. and
11:30 p.m. In order to coordinate the safe movement of vessels within
the area and to ensure that the area is clear of unauthorized persons
and vessels before, during, and immediately after the fireworks launch,
this zone will be enforced from 9 p.m. to 11:59 p.m.
    Access to this safety zone will be restricted during the specified
date and time period. Only vessels or persons specifically authorized
by the COTP Delaware Bay or designated representative may enter or
remain in the regulated area.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will impact the waters affected by this rule from 9 p.m. to 11:59 p.m.
on August 26, 2017, during a time of day when commercial and
recreational vessels traffic is normally low. Vessels will be able to
safely transit around the safety zone. Notifications will be made to
the maritime community via marine information broadcasts so mariners
may adjust their plans accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. It is categorically excluded under section 2.B.2,
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor
regulatory changes that are editorial or procedural in nature. A Record
of Environmental

Consideration (REC) supporting this determination is available in the
docket where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0627 to read as follows:

Sec.  165.T05-0627  Safety Zone; Atlantic Ocean, Ocean City, NJ.

    (a) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
and or on board another Federal, State, or local law enforcement vessel
assisting the Captain of the Port, Delaware Bay with enforcement of the
safety zone.
    (b) Location. The following area is a safety zone: All waters of
the North Atlantic Ocean within a 600 yard radius of the fireworks
barge in approximate location latitude 39[deg]16'22'' N., longitude
074[deg]33'54'' W., in the vicinity of the shoreline at Ocean City, NJ.
    (c) Regulations. (1) The general safety zone regulations found in
Sec.  165.23 apply to the safety zone created by this temporary
section.
    (2) Under the general safety zone regulations in Sec.  165.23,
persons may not enter the safety zone described in paragraph (b) of
this section unless authorized by the COTP or the COTP's designated
representative.
    (3) To request permission to enter the safety zone, contact the
COTP or the COTP's representative on marine band radio VHF-FM channel
16 (156.8 MHz). All persons and vessels in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
    (d) Enforcement period. This section will be enforced August 26,
2017, from 9 p.m. to 11:59 p.m.

    Dated: August 21, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2017-18031 Filed 8-24-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: March 21, 2008 (Volume 73, Number 56)]
[Rules and Regulations]
[Page 15081-15083]
[DOCID:fr21mr08-13]

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

40 CFR Part 52

[EPA-R05-OAR-2006-0879; FRL-8533-8]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the Ohio State Implementation
Plan (SIP) under the Clean Air Act (CAA). On September 7, 2006, Ohio
requested approval of revisions to its open burning standards. In order
to clarify the open burning rules, Ohio added requirements for specific
types of burning that were previously not addressed. The state also
added or refined some of the definitions and slightly changed some of
the existing rules. The revisions were made to increase clarity of
Ohio's open burning rules. EPA finds that the revisions are consistent
with the CAA.

DATES: This direct final rule will be effective May 20, 2008, unless
EPA receives adverse comments by April 21, 2008. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0879, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0879. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Matt Rau, Environmental Engineer, at (312)
886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Is EPA Approving?
II. What Is the Background for This Action?
III. What Is EPA's Analysis of the State Submission?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews

I. What Is EPA Approving?

    EPA is approving the Ohio SIP revisions submitted on September 7,
2006, which change its open burning standards. Standards for new open
burning purposes were added to Ohio Administrative Code (OAC) 3745-19.
The rules were added for emergency burning, recreational fires,
hazardous material disposal, and firefighting training. The conditions
under which open burning of storm debris is allowed are stated. A
definition for emergency burning was added. Minor revisions to some
other definitions and to notification requirements were made to enhance
clarity. Specifically, EPA is approving revisions to OAC 3745-19
Sections 1, 2, 3 (including Appendix), 4, and 5.

II. What Is the Background for this Action?

    Ohio conducted a periodic review of its open burning standards, OAC
3745-19. The state determined that rewording portions of the rules and
adding language for new types of burning would clarify the rules.
Questions from the regulated community and field staff led to the
revisions. The standards the state added explicitly list the
requirements for each type of burning.

III. What Is EPA's Analysis of the State Submission?

    Ohio made revisions to its open burning rules with the intent to
improve rule clarity. It added a definition of emergency burning that
lists six distinct disaster types. This sufficiently limits the types
of events that could lead to emergency burning. Ohio also declared the
conditions for special approvals for the open burning of storm debris.
    The state also added requirements for new burning types. The new
requirements provide restrictions that are appropriate for the type of
burning being conducted. Requirements were added for recreational fires
such as campfires, emergency disposal of hazardous materials, fire
extinguisher training, fire department training burns, and for
emergency burning. The specific requirements for certain types of
burning clarify the standards that apply to those burns.
    The emergency burning situations that do not need a permit or that
only

need oral permission are clearly stated. Under the rules, written
permission will follow oral permission, but the burning can proceed
prior to the written permission being issued. This allows for emergency
burning that protects public health and welfare to proceed without
unnecessary delay. The strict definition of emergency burning should
prevent an overly broad application of the emergency burning
provisions. The revised rules make it clear when a burning permit is
not required and what restrictions apply to several types of burning.
This should improve compliance and aid enforcement of Ohio's open
burning standards.

IV. What Action Is EPA Taking?

    EPA is approving revisions to the Ohio SIP. The revisions were
submitted on September 7, 2006. Specifically, EPA is approving the
revisions to OAC Chapter 3745-19, Sections 1 through 5 including the
Section 3 Appendix. The changes to Ohio's open burning regulations were
made to increase the clarity of regulations particularly for select
types of burning. Specific regulations were added for emergency
burning, recreational fires, hazardous material disposal, and
firefighting training.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and do not anticipate adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective May 20, 2008
without further notice unless we receive relevant adverse written
comments by April 21, 2008. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective May 20, 2008.

V. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.

Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 20, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition

for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: February 15, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(143) to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *
    (143) On September 7, 2006, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-19, Rules 3745-19-01 through 3745-19-
05 including the 3754-19-03 Appendix. The revisions update Ohio's open
burning regulations. Ohio added requirements for specific types of
burning: emergency burning, recreational fires, hazardous material
disposal, and firefighting training. The State also added or refined
some of the definitions.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745: Ohio Environmental
Protection Agency, Chapter 19: Open Burning Standards, Rule 3745-19-01:
Definitions, Rule 3745-19-02: Relations to Other Prohibitions, Rule
3745-19-03: Open Burning in Restricted Areas with Appendix ``Open
Burning of Storm Debris Conditions'', Rule 3745-19-04: Open Burning in
Unrestricted Areas, and Rule 3745-19-05: Permission to Individuals and
Notification to the Ohio EPA. The rules were effective on July 7, 2006.
    (B) June 27, 2006, ``Director's Final Findings and Orders'', signed
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency,
adopting rules 3745-19-01, 3745-19-02, 3745-19-03, 3745-19-04, and
3745-19-05.

[FR Doc. E8-5667 Filed 3-20-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45824-45826]
[FR Doc No: 2019-18809]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0004-N-15]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) abstracted below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
October 29, 2019.

ADDRESSES: Submit written comments on the ICR activities by mail to
either: Ms. Hodan Wells, Information Collection Clearance Officer,
Office of Railroad Safety, Regulatory Analysis Division, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590; or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Information Technology, Federal Railroad Administration, 1200
New Jersey Avenue SE, Washington, DC 20590. Commenters requesting FRA
to acknowledge receipt of their respective comments must include a
self-addressed stamped postcard stating, ``Comments on OMB Control
Number 2130-0526,'' (the relevant OMB control number for each ICR is
listed below) and should also include the title of the ICR.
Alternatively, comments may be faxed to<PHONE_NUMBER> or<PHONE_NUMBER>,
or emailed to Ms. Wells at<EMAIL_ADDRESS>or Ms. Toone at
<EMAIL_ADDRESS>Please refer to the assigned OMB control number in
any correspondence submitted. FRA will summarize comments received in
response to this notice in a subsequent notice and include them in its
information collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590 (telephone:<PHONE_NUMBER>) or Ms. Kim
Toone, Information Collection Clearance Officer, Office of Information
Technology, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Control of Alcohol and Drug Use in Railroad Operations.
    OMB Control Number: 2130-0526.
    Abstract: The Federal Railroad Administration (FRA) and the
railroad industry will use the information collected to determine the
extent of alcohol and drug abuse on railroad property, curtail alcohol
and drug use, and ensure compliance with all 49 CFR part 219
requirements covering regulated employees. For example, FRA will use
the information collected to ensure that regulated employees are
subject to random alcohol and drug testing. This information collection
also covers foreign-railroads' foreign-based employees who perform
train or dispatching service in the United States.
    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: Businesses.
    Form(s): FRA F 6180.73, 6180.74, 6180.75.
    Respondent Universe: 713 railroads (includes 2 foreign-based
railroads), 44,797 MOW employees, and 146,000 employees.
    Frequency of Submission: On occasion.
    Reporting Burden:
---------------------------------------------------------------------------

    \1\ Throughout the tables in this document, the dollar
equivalent cost is derived from the Surface Transportation Board's
Full Year Wage A&B data series using the appropriate employee group
hourly wage rate that includes 75-percent overhead charges.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total annual
      CFR section/subject              Respondent universe             Total annual responses         Average time per     Total annual     dollar cost
                                                                                response         burden hours   equivalent \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
219.4--Petition for             1 railroad......................  1 petition......................  40 hours............              40          $3,040
 recognition of a foreign
 railroad's Workplace Testing
 Program.
--Comments on petitions.......  1 railroad......................  2 comments + 2 copies...........  30 minutes..........               1              76
219.7--Waivers................  713 railroads...................  3 waiver letters................  90 minutes..........               5             380
219.23(a)--Notification to      146,000 employees...............  644,797 notices.................  3 seconds + 30                   171          12,996
 employees for testing.                                                                              seconds.
219.12(d)--RR Documentation on  713 railroads + 44,79744,797 MOW  5 documents.....................  30 minutes..........               3             228
 need to place employee on       employees.
 duty for follow-up tests.
219.23(c) and (e)--Educational  713 railroads + 44,797 MOW        500 modified/revised educational  1 hour..............             500          38,000
 materials.                      employees.                        documents.
--Copies of educational         146,000 employees...............  19,506 copies of educational      2 minutes...........             650          49,400
 materials to employees.                                           material documents.
219.104(b)--Removal of          713 railroads + 44,797 MOW        350 verbal notices + 350 letters  30 seconds + 2                    15           1,140
 employee from regulated         employees.                                                          minutes.
 service--Verbal notice +
 follow-up written letter.
219.105--RR's duty to prevent   713 railroads + 44,797 MOW        2 document copies...............  5 minutes...........             .17              13
 violations--Documents           employees.
 provided to FRA after agency
 request regarding RR's
 alcohol and/or drug use/
 education/prevention program.
--RR Supervisor Rule G          713 railroads + 44,797 MOW        292,000 observation records.....  2 seconds...........             162          12,312
 observations and records of     employees.
 regulated employees.
219.201(c)--Report by RR        713 railroads + 44,797 MOW        2 reports.......................  30 minutes..........               1              76
 concerning decision by person   employees.
 other than RR representative
 about whether an accident/
 incident qualifies for
 testing.
219.203/207--Verbal             713 railroads + 44,797 MOW        80 notifications + 80 written     2 minutes + 5                      9             684
 notification and subsequent     employees.                        reports.                          minutes.
 written report of failure to
 collect urine/blood specimens
 within four hours.
--Recall of employees for       713 railroads + 44,797 MOW        4 reports.......................  30 minutes..........               2             152
 testing and Narrative Report    employees.
 Completion.
--RR reference to part 219      713 railroads + 44,797 MOW        97 references...................  5 minutes...........               8             608
 requirements and FRA's post-    employees.
 accident toxicological kit
 instructions in seeking to
 obtain facility cooperation.
--RR notification to National   713 railroads + 44,797 MOW        2 phone calls...................  10 minutes..........             .33              25
 Response Center of injured      employees.
 employee unconscious or
 otherwise unable to give
 testing consent.
--RR notification to local      713 railroads + 44,797 MOW        5 phone calls...................  10 minutes..........             .83              64
 authority.                      employees.
219.205--Post-Accident          713 railroads + 44,797 MOW        97 forms........................  10 minutes..........              16           1,216
 Toxicological Testing           employees.
 Qualifying Events--Testing
 Forms--Completion of FRA F
 6180.73.
--Specimen handling/            146,000 employees...............  207 forms.......................  15 minutes..........              52           3,952
 collection--Completion of
 Form FRA F 6180.74 by train
 crew members after accident.
--Completion of Form FRA        713 railroads + 44,797 MOW        6 forms.........................  20 minutes..........               2             152
 6180.75.                        employees.
--Documentation of chain of     713 railroads + 44,797 MOW        97 chain of custody documents...  2 minutes...........               3             228
 custody of sealed toxicology    employees.
 kit from medical facility to
 lab delivery.
--RR/medical facility record    713 railroads + 44,797 MOW        10 written records..............  2 minutes...........             .33              25
 of kit error.                   employees.
219.209(a)--Notification to     713 railroads + 44,797 MOW        97 phone reports................  2 minutes...........               3             228
 NRC and FRA of accident/        employees.
 incident where samples were
 obtained.
219.211(b)--Results of          713 railroads + 44,797 MOW        6 reports.......................  15 minutes..........               2             152
 positive post-accident          employees.
 toxicological testing to RR
 MRO and RR employee.
--MRO report to FRA of          713 railroads + 44,797 MOW        5 reports.......................  15 minutes..........               1              76
 positive test for alcohol/      employees.
 drugs of surviving employee.
219.303--RR written             713 railroads + 44,797 MOW        30 written documents............  5 minutes...........               3             228
 documentation of observed       employees.
 signs/symptoms for reasonable
 suspicion determination.
219.305--RR written record      713 railroads + 44,797 MOW        10 records......................  2 minutes...........             .33              25
 stating reasons test was not    employees.
 promptly administered.
219.405--RR Documentation       713 railroads + 44,797 MOW        2,160 written documents.........  5 minutes...........             180          13,680
 describing basis of             employees.
 reasonable cause testing.
219.407(b)--Prompt specimen     713 railroads + 44,797 MOW        15 records......................  15 minutes..........               4             304
 collection time limitation      employees.
 exceeded--Record.
219.501--RR Documentation of    713 railroads + 44,797 MOW        6,100 lists.....................  30 seconds..........              51           3,876
 negative pre-employment drug    employees.
 tests.
219.605--Submission of random   713 railroads + 44,797 MOW        5 plans.........................  1 hour..............               5             380
 testing plan: New RRs.          employees.
--Amendments to currently-      713 railroads + 44,797 MOW        450 amendments..................  1 hour..............             450          34,200
 approved FRA random testing     employees.
 plan.
--Resubmitted random testing    713 railroads + 44,797 MOW        50 resubmitted plans............  30 minutes..........              25           1,900
 plans after notice of FRA       employees.
 disapproval of plan or
 amendment.
--Non-substantive amendment to  713 railroads + 44,797 MOW        300 amendments..................  15 minutes..........              75           5,700
 an approved plan.               employees.
219.615--Incomplete random      713 railroads + 44,797 MOW        2,000 documents.................  30 seconds..........              17           1,292
 testing collections--           employees.
 Documentation.

219.617--Employee Exclusion     713 railroads + 44,797 MOW        5 documents.....................  1 hour..............               5             380
 from random alcohol/drug        employees.
 testing after providing
 verifiable evidence from
 credible outside professional.
219.623--Random testing         713 railroads + 44,797 MOW        40,000 records..................  1 minutes...........             667          50,692
 records.                        employees.
219.1001--Co-worker referral    713 railroads + 44,797 MOW        20 referrals....................  5 minutes...........               2             152
 of employee who is unsafe to    employees.
 work with/in violation of
 Part 219 or railroad's drug/
 alcohol rules..
                               -------------------------------------------------------------------------------------------------------------------------
    Total.....................  713 railroads + 44,797 MOW        427,661 responses...............  N/A.................           3,132         238,032
                                 employees.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 427,661.
    Total Estimated Annual Burden: 3,132 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$238,032.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

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

Zebediah G. Schorr,
Assistant Chief Counsel.
[FR Doc. 2019-18809 Filed 8-29-19; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60080-60084]
[FR Doc No: 2021-23522]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2021-0733]

Safety Management System Data

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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

SUMMARY: The FAA is proposing to designate certain reports, data, and
information created as part of the development and implementation of
safety management systems (SMS) as protected information when the
information is voluntarily provided to the agency. Protected
information generally is not subject to public disclosure. The
designation is intended to encourage certificate holders to voluntarily
share SMS-related data with the FAA and to protect the voluntarily
provided information if the FAA has a need to share it with other
Federal agencies with safety or security responsibilities.

DATES: Send comments on or before November 29, 2021.

ADDRESSES: Send comments identified by docket number FAA-2021-0733
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue,
Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.
     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 the 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: Dale Whitmore, Flight Standards
Service, AFS-910, Federal Aviation Administration, 800 Independence
Ave. SW, Washington, DC 20591, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    The FAA is proposing to designate certain reports, data, and
information created as part of the development and implementation of
SMSs as protected from public disclosure when the information is
voluntarily provided to the agency. Part 5 of title 14 of the Code of
Federal Regulations requires that certificate holders under 14 CFR part
119 authorized to conduct operations in accordance with the
requirements of 14 CFR part 121 establish SMS. SMS may also be
developed and implemented voluntarily by other types of certificate
holders, such as, but not limited to, 14 CFR part 135 air operators,
and 14 CFR part 145 repair stations, 14 CFR part 141, 142, 147 aviation
training organizations, as well as certain other aviation service
providers such as design and manufacturing organizations and non-
certificated airports.
    An SMS consists of a set of processes divided into four major
components: (1)

Safety policy; (2) safety risk management; (3) safety assurance; and
(4) safety promotion. The intent of these systems is to enhance the
decision-making capabilities of aviation service providers to address
risks inherent in their operations and activities.
    In accordance with the FAA's statutory authority at Title 49 U.S.C.
40123 and the FAA's implementing regulations at 14 CFR part 193, as
described more fully below, the FAA is proposing that reports, data,
and other information voluntarily provided to the agency in connection
with the development and implementation of SMS be designated in an FAA
order as protected information that is not subject to public
disclosure. While this type of information enjoys some protection from
disclosure in accordance with 49 U.S.C. 44735,the FAA intends this
designation to further encourage certificate holders to voluntarily
share SMS-related data with the FAA to protect the voluntarily provided
information if the FAA has a need to share it with other Federal
agencies with safety or security responsibilities.

II. Statutory Authorities

    Title 49 U.S.C. 44735 offers statutory protection from disclosure
under the Freedom of Information Act, pursuant to 5 U.S.C.
552(b)(3)(B), for certain reports, data, or other information that are
submitted to the FAA voluntarily and that are not required to be
submitted to the Administrator under any other provision of law.
Section 44735(b)(4) extends the limitation on disclosure to ``reports,
data, or other information produced or collected for purposes of
developing and implementing a safety management system acceptable to
the Administrator.'' Section 44735(b)(5) also extends the limitation on
disclosure to ``reports, analyses, and directed studies, based in whole
or in part on reports, data or other information'' related to the
development and implementation of a safety management system (SMS).
    Under 49 U.S.C. 40123, notwithstanding any other provision of law,
neither the FAA Administrator nor any agency receiving information from
the Administrator shall disclose voluntarily-provided safety or
security related information if the Administrator finds that the
disclosure of the information would inhibit the voluntary provision of
that type of information and that the receipt of that type of
information aids in fulfilling the Administrator's safety and security
responsibilities; and withholding such information from disclosure
would be consistent with the Administrator's safety and security
responsibilities. This statutory provision grants the Administrator the
authority to issue regulations to carry out the provision. Those
regulations are found in 14 CFR part 193.

III. Description of Safety Management System Data Subject to the
Proposed Part 193 Program

A. SMS Description

    As summarized above, an SMS consists of a set of processes divided
into four major components: (1) Safety policy; (2) safety risk
management; (3) safety assurance; and (4) safety promotion. The
principal components are safety risk management and safety assurance.
Safety policy provides overarching safety philosophy and establishes
safety responsibilities in the organization's management and staff. The
safety promotion component provides for training and competencies
necessary for safety risk management and safety assurance as well as
communication of critical safety information to the certificate
holder's workforce.
    The safety risk management component consists of processes to
analyze systems, identify potential hazards in those systems, analyze
and assess risk associated with those systems, and, where necessary,
develop risk controls. These processes are required any time the
organization proposes to develop and implement new systems or
procedures or to revise existing ones. Open exchange of information on
these actions would be highly advantageous to the certificate holder
and to FAA oversight organizations tasked with evaluating and
approving, accepting, or certificating these systems and changes.
    The safety assurance component is used to assess the effectiveness
of risk controls developed under the safety risk management component
and to provide a means of detecting new or otherwise unaddressed
hazards. The safety assurance component includes processes for
monitoring, auditing, and evaluating a carrier certificate holder's
technical and operational processes. It also includes processes for
internal investigations of accidents, incidents, and potential
regulatory noncompliance. The latter element also provides a structured
means of interacting with the FAA on compliance issues.
    The safety assurance component further includes a requirement for
confidential employee reporting on the part of all employee groups
within the certificate holder. It also requires a safety assessment
process, including management reviews by senior management, including
the top-level accountable executive of the certificate holder.
    Open exchange of information from these processes and open dialogue
on the contents of the information greatly enhances the ability of the
certificate holder and FAA oversight to assure effective compliance
with regulations as well as safety issues outside of the scope of
existing regulations.

B. Summary of SMS Part 193 Program

    1. Who may participate: Certificate holders under 14 CFR part 119
authorized to conduct operations in accordance with the requirements of
14 CFR part 121 are required to have an SMS that meets the requirements
of 14 CFR part 5 and, to such extent, may participate. A certificate
holder subject to other provisions of 14 CFR may participate if that
certificate holder (i) is required to develop and implement an SMS that
meets the requirements as identified in 14 CFR part 5; or (ii) that
certificate holder voluntarily develops and implements an SMS that is
accepted by the FAA, and maintains the SMS in acceptable active status
\1\ under the SMS Voluntary Program (SMSVP) standard \2\ or under
another FAA-sponsored SMS voluntary program.
---------------------------------------------------------------------------

    \1\ Active status refers to the organization's continuing to
conform to the regulations or voluntary program standards as
assessed by the FAA organization responsible for their oversight.
    \2\ The SMSVP standard is derived from and functionally
equivalent to 14 CFR part 5 and is published in FAA Order 8900.1.
---------------------------------------------------------------------------

    2. Data covered from protection from disclosure will not include
reports or other data involving possible criminal activity, substance
abuse, improper use of controlled substances and/or alcohol, or
intentional falsification. In addition, any record, document, or report
required for the FAA to determine statutory or regulatory compliance
that the FAA specifically requests is not considered protected.\3\
---------------------------------------------------------------------------

    \3\ For example, under 14 CFR 119.59(e), the failure by any
certificate holder to make such information available to the
Administrator upon request is grounds for legal enforcement action.
---------------------------------------------------------------------------

    3. How persons may participate: A certificate holder participates
by having an SMS that is applicable to that certificate holder as
described in paragraph A., above, and by voluntarily sharing
information from the SMS with the FAA.
    4. Duration of this information sharing program: This program will
continue in effect as long as a certificate holder maintains the SMS
that is applicable to that certificate holder as described in paragraph
A, above.

IV. Proposed Findings

    Based on the following findings and pursuant to the FAA's authority
under 49 U.S.C. 40123 and 14 CFR 193.7, the FAA proposes to designate
voluntarily provided information associated with the processes
described in 14 CFR part 5 as protected from disclosure in accordance
with 14 CFR part 193, including but not limited to information set
forth in the Appendix 1: \4\
---------------------------------------------------------------------------

    \4\ Appendix 1 cites the processes and associated data
requirements under 14 CFR part 5.
---------------------------------------------------------------------------

    1. Summary of why the FAA finds that the information will be
provided voluntarily.
    The FAA anticipates that information from a certificate holder's
SMS will be provided to the FAA voluntarily to facilitate ongoing
compliance and oversight processes such as approval, acceptance, and
certification of proposed actions on the part of the organization. As a
result of this proposed designation, certificate holders will be
reassured that information they voluntarily provide from their SMS will
receive further protection from disclosure, including when the FAA
shares the information with other Federal agencies with safety or
security responsibilities.
    2. Description of the type of information that may be voluntarily
provided under the program and a summary of why the FAA finds that the
information is safety or security related.
    Certificate holders under 14 CFR part 119 authorized to conduct
operations in accordance with the requirements of 14 CFR part 121 may
voluntarily provide information that is associated with the processes
described in 14 CFR part 5, including but not limited to information
set forth in Appendix 1. For example, voluntary provided information
includes records of the outputs of safety risk management and safety
assurance processes, training records of employees performing risk
management and assurance processes, and safety objectives upon which
safety performance assessments are based.
    Other certificate holders may voluntarily provide information that
is associated with the processes described in the voluntary SMS program
standards applicable to the specific certificate holder. Such standards
are identical to those set forth in 14 CFR part 5.
    3. Summary of why the FAA finds that the disclosure of the
information would inhibit persons from voluntarily providing that type
of information.
    Safety risk management and safety assurance data contains details
of an organization's internal processes, the risks that they face, and
the decisions and actions taken to address them. Disclosure of these
data could harm the certificate holder in terms of publicity and
litigation. These considerations could inhibit the willingness of
certificate holders to interact openly with the FAA on collaborative
approaches to solution of safety problems. While this type of
information enjoys some protection from disclosure in accordance with
49 U.S.C. 44735, the FAA is exercising its authority to broaden
protection from disclosure under 49 U.S.C. 40123 including in
circumstances when the FAA needs to share information with other
Federal agencies with safety or security responsibilities.
    4. Summary of why the receipt of that type of information aids in
fulfilling the FAA's safety and security responsibilities.
    The FAA finds that receipt of SMS information aids in fulfilling
the FAA's safety and security responsibilities. Because of its capacity
to provide early identification of needed safety improvements, an SMS
offers significant potential for incident and accident avoidance. For
example, SMS data concerning technical or operational events could
potentially identify common causal factors in producing such incidents.
Receipt of this information provides the FAA with an improved basis for
modifying procedures, policies, and regulations in order to improve
safety and efficiency. Other programs (e.g., ASAP, FOQA, VDRP) provide
some of this information from participating organizations. However, SMS
is more comprehensive, covering significant gaps that may exist, even
where these programs are in place. Moreover, SMS serves as an
integrated system, which will incorporate any existing programs.
    As noted above, this information is protected from disclosure in
accordance with 49 U.S.C. 44735. However, broader protection under 49
U.S.C. 40123 further encourages submission of information to aid the
FAA in fulfilling its safety and security responsibilities, including
where the FAA shares the information with other Federal agencies with
safety or security responsibilities.
    5. Summary of why withholding such information from disclosure
would be consistent with the FAA's safety and security
responsibilities, including a statement as to the circumstances under
which, and a summary of why, withholding such information from
disclosure would not be consistent with the FAA's safety and security
responsibilities, as described in 14 CFR 193.9.
    The FAA finds that withholding SMS information provided to the FAA
is consistent with the FAA's safety responsibilities. The SMS
specifically provides that corrective action will be taken when
necessary.\5\ Corrective action under the SMS can be accomplished
without disclosure of protected information.
---------------------------------------------------------------------------

    \5\ See 14 CFR 5.73(b) for situations where new hazards or
ineffective risk controls are found as a result of safety
performance assessments and 14 CFR 5.75 for other safety performance
deficiencies.
---------------------------------------------------------------------------

    In order to explain the need for changes in FAA policies,
procedures, and regulations, the FAA may disclose de-identified (e.g.,
the identity of the source of the information and the names of the
certificate holder, the employee, and other persons redacted) summary
information that has been extracted from reports under the SMS data.
The FAA may disclose de-identified, summarized SMS information that
identifies a systemic problem in the aviation system, when other
persons need to be advised of the problem so that they can take
corrective action. The FAA may disclose de-identified aggregate
statistical information concerning SMS activities. The FAA may disclose
independently obtained information relating to any event disclosed in
SMS data.
    6. Summary of how the FAA will distinguish information protected
under part 193 from information the FAA receives from other sources.
    All voluntarily submitted SMS data must be clearly labeled as such.
It must be clearly labeled as follows in order to be protected under
this designation: ``WARNING: The information in this document/system is
protected from disclosure under 49 U.S.C. 40123 and/or Sec.  44735,
and/or 14 CFR part 193.'' To ensure that the FAA appropriately applies
these protections from disclosure, the FAA will take steps to ensure
that the information that a certificate holder voluntarily provides
through its SMS is segregated from any required information that the
certificate also provides through its SMS.

V. Proposed Designation

    Accordingly, the Federal Aviation Administration hereby proposes to
designate the above described information submitted from a certificate
holder's SMS to be protected under 49 U.S.C. 40123 and 14 CFR part 193.

VI. Comments Invited

    Interested persons are invited to comment on the proposed
designation by submitting such written data, views, or arguments as
they may desire. Comments relating to the

environmental, energy, federalism, or economic impact that might result
from adopting the proposal in this notice are also invited. Substantive
comments should be accompanied by cost estimates, where appropriate.
Comments should identify the notice number and should be submitted to
the docket address specified above.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed designation. Before taking action on
this proposed designation, the FAA will consider all comments it
receives on or before the closing date for comments. The FAA will
consider comments filed after the comment period has closed if it is
possible to do so without incurring expense or delay. The Agency may
change this proposal in light of the comments it receives.

VII. Availability of This Proposed Designation

    An electronic copy of designation documents may be obtained from
the internet by--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Accessing the Government Publishing Office's web page at
https://www.govinfo.gov.
    All documents the FAA considered in developing this proposed
designation, may be accessed from the internet through the Federal
eRulemaking Portal referenced in item (1) above.
    Any person may obtain a copy of this document by submitting a
request to the Federal Aviation Administration, Air Transportation
Division, AFS-200, 800 Independence Ave. SW, Washington, DC 20591, or
by calling<PHONE_NUMBER>. Communications must identify the docket
number and title of this designation.

    Issued in Washington, DC, on October 21, 2021.
Robert C. Carty,
Acting Executive Director, Flight Standards Service.

Appendix 1

    Processes per 14 CFR part 5 and Flight Standards SMS Voluntary
Program (SMSVP) Standard.
    Part 5 and, therefore, the SMSVP Standard are process-based
standards.\6\ That is, these standards require certificate holders
or SMSVP participants, as appropriate, to implement certain
processes but without prescriptive requirements for the
configuration, methods, or organizational structures to support
these processes. Sec.  5.97 requires records of the ``outputs'' of
Safety Risk Management (SRM) and Safety Assurance (SA) processes.
---------------------------------------------------------------------------

    \6\ Additional information can be obtained in the Federal
Register Vol. 80, No. 5, Jan 8, 2015, Final Rule: Safety Management
Systems for Domestic, Flag, and Supplemental Operations Certificate
Holders, Paragraph Q.
---------------------------------------------------------------------------

    The table below summarizes the process requirements in subparts
C (SRM) and D (SA). Additionally, Sec.  5.97 requires certificate
holders/participants to maintain records of training required under
Sec.  5.91 and safety communications required under Sec.  5.93.
    This summary includes known data in a properly designed and
performing SMS. The exact data elements and media is at the
discretion of the certificate holder/participant, as accepted by the
FAA.

------------------------------------------------------------------------
                             Process or process-
        Part 5 ref           related information          Comments
------------------------------------------------------------------------
                       Policy Related to Processes
------------------------------------------------------------------------
5.21(a)(1), 5.95..........  Safety Objectives....  5.73(a) refers to
                                                    assessments,
                                                    ``against (CH's)
                                                    safety objectives''.
------------------------------------------------------------------------
    Safety Risk Management Processes (Records of Outputs Required per
                                5.97(a))
------------------------------------------------------------------------
5.53(c)...................  Hazard Identification
5.55(a)...................  Risk Analysis........
5.55(b)...................  Risk Assessment        Process for
                             (acceptability         acceptability
                             decision).             decisions including
                                                    tools (e.g.,
                                                    matrix).
5.55(c)...................  Risk Control.........
5.55(d)...................  Risk Control           Pre-implementation
                             Effectiveness.         evaluation of
                                                    estimated
                                                    effectiveness.
------------------------------------------------------------------------
  Safety Assurance Processes (Records of Outputs Required per 5.97(b))
------------------------------------------------------------------------
5.71(a)(1)................  Monitoring of          May have FOQA
                             operational            relationship where
                             processes.             used.
5.71(a)(2)................  Monitoring of
                             operational
                             environment.
5.71(a)(3)................  Auditing of            May have LOSA
                             operational            relationships where
                             processes and          used.
                             systems.
5.71(a)(4)................  Evaluation of SMS and  May have IEP
                             operational            relationship where
                             processes.             integrated.
5.71(a)(5)................  Investigations of
                             incidents and
                             accidents.
5.71(a)(6)................  Investigations of      May have Compliance
                             reports regarding      Philosophy and/or
                             potential              VDRP implications.
                             noncompliance.
5.71(a)(7)................  Confidential Employee  May be additional
                             Reporting System.      requirements where
                                                    ASAP is involved.
5.71(b)...................  Performance
                             Monitoring and
                             Measurement Analysis.
5.73(a)...................  Safety Performance
                             Assessment Process
                             (including):
                            Management Review and
                             assessments of:
                            (1) Compliance with
                             risk controls.
                            (2) Performance of
                             the SMS.
                            (3) Effectiveness of
                             risk controls.
                            (4) Changes in
                             operational
                             environment.
                            (5) new hazards......
5.75......................  Corrective Action
                             Process.
------------------------------------------------------------------------

                          Training Requirements
------------------------------------------------------------------------
5.91......................  Employee training as
                             required.
------------------------------------------------------------------------
                Communication Related to Process Outputs
------------------------------------------------------------------------
5.93......................  Communication........
                             Employee
                             awareness of SMS.
                             Hazard
                             information to
                             employees.
                             Explanation
                             of why actions have
                             been taken.
                             Explanation
                             of why safety
                             procedures are
                             introduced or
                             changed.
------------------------------------------------------------------------

[FR Doc. 2021-23522 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Pages 44066-44067]
[FR Doc No: 2020-15732]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-80-000]

Columbia Gas Transmission, LLC; Notice of Request for Extension
of Time

    Take notice that on July 8, 2020, Columbia Gas Transmission, LLC
(Columbia) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time, until July 18, 2023, to
complete the construction of the Eastern Panhandle Expansion Project,
as authorized in the July 19, 2018 Order Issuing Certificate (July 19
Order).\1\ The July 19 Order required Columbia to complete construction
and make the facilities available for service within two years of the
Order date.
---------------------------------------------------------------------------

    \1\ Columbia Gas Transmission, LLC, 164 FERC 61,036 (2018).
---------------------------------------------------------------------------

    Columbia states that, due to unforeseen delays in acquiring an
easement from the government of Maryland across the Western Maryland
Rail Trail, additional time is now required in order to complete the
construction of the authorized Project facilities.
    This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Columbia's request
for an extension of time may do so. No reply comments or answers will
be considered. If you wish to obtain legal status by becoming a party
to the proceedings for this request, you should, on or before the
comment date stated below, file a motion to intervene in accordance
with the requirements of the Commission's Rules of Practice and
Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
Natural Gas Act (18 CFR 157.10).\2\
---------------------------------------------------------------------------

    \2\ Only motions to intervene from entities that were party to
the underlying proceeding will be accepted. Algonquin Gas
Transmission, LLC, 170 FERC 61,144, at P 39 (2020).
---------------------------------------------------------------------------

    As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for Natural
Gas Act facilities when such requests are contested before order
issuance. For those extension requests that are contested,\3\ the
Commission will aim to issue an order acting on the request within 45
days.\4\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\5\ The Commission will not consider arguments that re-
litigate the issuance of the certificate order, including whether the
Commission properly found the project to be in the public convenience
and necessity and whether the Commission's environmental analysis for
the certificate complied with the National Environmental Policy Act.\6\
At the time

a pipeline requests an extension of time, orders on certificates of
public convenience and necessity are final and the Commission will not
re-litigate their issuance.\7\ The OEP Director, or his or her
designee, will act on all of those extension requests that are
uncontested.
---------------------------------------------------------------------------

    \3\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \4\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40
(2020).
    \5\ Id. at P 40.
    \6\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
    \7\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40
(2020).
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the eLibrary link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the e-File link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and three copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on July 30, 2020.

    Dated: July 15, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15732 Filed 7-20-20; 8:45 am]
BILLING CODE 6717-01-P