SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 60 SUBPART Y  STANDARDS OF PERFORMANCE FOR COAL PREPARATION PLANTS 1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for 40 CFR Part 60 Subpart Y  Standards of Performance for Coal Preparation Plants 1( b) Short Characterization/ Abstract ! Type of collection is periodic report and recordkeeping;

! The Regional Offices collect the data;

! Owners or operators of the affected facilities described must make one time only notifications including: notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate,

notification of the initial performance test; including information necessary to determine the conditions of the performance test, and performance test measurements and results; notification of demonstration of the continuous monitoring system ( CMS). Owners or operators are also required to maintain records of the occurrence and duration of any start up, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to Subpart Y  Standards of Performance for Coal Preparation Plants provide information on the operation of the emissions control device and compliance with the ( opacity) standard.

Periodic reports of excess emissions are required. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements,

maintenance reports, and records.

! The information collection is required to ensure compliance with and enforcement of the standards of performance for coal preparation plants;

! EPA Regions and OECA will use this data; 2 ! This data will be sent to delegated State or Region and entered into the AIRS computer database; and ! The information collection will involve 390 respondents, 15,463 burden hours per year at a cost of 855,722 dollars per year.

The New Source Performance Standards ( NSPS) for 40 CFR 60.250 were proposed on October 24, 1974 and promulgated on January 15, 1976. These standards apply to the following facilities in the New Source Performance Standards ( NSPS) for 40 CFR 60.250 which process more than 200 tons per day: Thermal dryers, pneumatic coal cleaning equipment ( air tables), coal processing and conveying equipment ( including breakers and crushers), coal storage systems, and coal transfer and loading systems commencing construction, modification or reconstruction after the date of proposal. Coal preparation plants do not include underground mining operations. This information is being collected to assure compliance with 40 CFR Part 60 Subpart Y.

In general, all New Source Performance Standards ( NSPS) require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any start up, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

Approximately 390 sources are currently subject to the standard, and it is estimated that an additional 10 sources per year will become subject to the standard in the next three years. It is assumed that there is an average of 2 affected facilities per plant, however, facilities are expected to record and/ or report pertinent information about affected facilities at one time so for the purposes of this ICR the respondent will remain one per subject facility. This information was gathered from EPA's AIRS data base and the.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act, as amended, to establish standards of performance for new stationary sources that reflect:

" Application of the best technological system of continuous emissions reduction 3 which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated Section 111( a)( l)."

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In the Administrator's judgment, particulate matter emissions from Subpart Y  Standards of Performance for Coal Preparation Plants cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category at 40 CFR Part 60.250, Subpart Y  Standards of Performance for Coal Preparation Plants.

2( b) Practical Utility/ Users of the Data The control of emissions of particulate matter from Subpart Y  Standards of Performance for Coal Preparation Plants requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of particulate matter from Subpart Y  Standards of Performance for Coal Preparation Plants are the result of operation of the thermal dryers, pneumatic coal cleaning equipment, coal processing and conveying equipment, coal storage systems, and coal transfer and loading systems. These standards rely on the reduction of particulate matter emissions by temperature monitoring at the exhaust vent of thermal dryers and the use of venturi scrubbers. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and note the operating conditions ( proper temperature at exhaust vent of thermal dryers and maintenance of pressure across the venturi constriction) under which compliance was achieved. The periodic reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment used to achieve compliance with the NSPS. Adequate monitoring, recordkeeping, and reporting is necessary to ensure compliance with these standards, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The recordkeeping and reporting requested is required under 40 CFR Part 60, Subpart Y. 4 3( a) Nonduplication If the standard has not been delegated, the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, a copy of the report submitted to the State or Local agency can be sent to the Administrator in lieu of the report required by the Federal Standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on September 15, 2000. No comments were received on the burden published in the Federal Register.

3( c) Consultations There was no significant change in burden for this ICR.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979). 5 3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are coal preparation plants. The SIC code for the respondents affected by the standards is mostly SIC ( U. S. Standard Industrial Classification) 1200 series ( and may also include SIC 2819, 2951, 2999 and 4911) which corresponds to the NAICS ( The North American Industry Classification System) X for coal preparation plants.

Regulation SIC Codes NAICS Codes 40 CFR Part 60, Subpart Y 1200 series 212111; 212112; 212113 2819 325998 2951 324121 2999 324191 4911 221112 4( b) INFORMATION REQUESTED This rule requires affected facilities to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provision to the rule. EPA believes that the five year records retention requirement is consistent with the Part 70 permit program and the five year statute of limitations on which the permit program is based. Also, the retention of records for five years would allow EPA to establish a source's history and patterns of compliance for purposes of determining the appropriate level of enforcement action. Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five year statute of limitations. Therefore, EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if less than five years of records were kept.

( I) Data Items All data in this ICR that is recorded and reported is required by 40 CFR Part 60.250 Subpart Y  Standards of Performance for Coal Preparation Plants. Provide notification of  construction/ reconstruction ( 60.7( a)( 1)) 6  anticipated start up ( 60.7( a)( 2))  actual start up ( 60.7( a)( 3))  initial performance test ( 60.8( d))  demonstration of continuous monitoring system ( 60.7( a)( 5))  physical or operational change ( 60.7( a)( 4)) Report on  initial performance test ( 60.8 ( a))  excess emissions ( 60.7) Record  start ups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative ( 60.7( b)) Records are required to be retained for five years.

b. Respondent Activities  Read instructions;  Install, calibrate, maintain, and operate CMS for opacity, or for pressure drop and liquid supply pressure for wet scrubber;  perform initial performance test ( Reference Method 5 for particulate matter and Reference Method 9 for opacity tests) and repeat performance tests;  write the notifications and reports listed above;  enter information required to be recorded above;  submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information;  developing, acquiring, installing, and utilizing technology and systems for the purpose of processing and maintaining information;  developing, acquiring, installing, and utilizing technology and systems for the purpose of disclosing and providing information;  adjusting the existing ways to comply with any previously applicable instructions and requirements;  training personnel to be able to respond to a collection of information;  transmitting, or otherwise disclosing the information.

( i) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 60 Subpart Y  Standards of Performance for Coal Preparation Plants.

A source must make the following reports: 7 Reports for 40 CFR Part 60 Subpart Y  Standards of Performance for Coal Preparation Plants Construction/ reconstruction 60.7( a)( 1), 63.5 Construction or modification application 61.07 Initial notifications 63.9( b)

Anticipated start up 60.7( a)( 2), 61.09( a)( 1)

Actual start up 60.7( a)( 3), 61.09( a)( 2)

Initial performance test results 60.8 ( a), 61.13( f) , 63.10( d)( 2)

Initial performance test 60.8( d), 61.13( c), 63.7( b), 63.9( e)

Rescheduled initial performance test 63.7( b)( 2)

Demonstration of continuous monitoring system 60.7( a)( 5), 61. X , 63.9( g)

Compliance status 63.9( h)

Physical or operational change 60.7( a)( 4), 61.15 , 63. X Opacity or visible emissions 63.10( d)( 3)

Periodic start up, shutdown, malfunction reports 63.10( d)( 5)( I)

Source status report 61.10( a) , 63. X A source must maintain the following records:

Recordkeeping for 40 CFR Part 60 Subpart Y  Standards of Performance for Coal Preparation Plants Start ups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative ( 60.7( b), 61. X , 63.10( b)( 2) 8 Recordkeeping for 40 CFR Part 60 Subpart Y  Standards of Performance for Coal Preparation Plants Emission test results and other data needed to determine emissions 61.13( g)

All reports and notifications 63.10( b)

Record of applicability 63.10( b)( 3)

Records for sources with continuous monitoring systems 63.10( 3)

Records are required to be retained for 2 Years. The first 2 years of records must be retained at the facility. 60. X, 61. X, 63. X ( ii.) Respondent Activities Respondent Activities Read instructions.

Perform initial performance test, Reference Method 9 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

This collection of information does not require the use of automated collection techniques.

5. The Information Collected  Agency Activities, Collection Methodology, and 9 Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Aerometric Information Retrieval System ( AIRS) database.

5( b) Collection Methodology and Management Following notification of start up, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and note the operating conditions { processing more than 200 tons per day} under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AIRS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AIRS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AIRS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data. The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility Both large and small businesses are evenly distributed throughout this industry sector. The recordkeeping and reporting requirements were selected within the context of this specific Subpart and the specific process equipment and pollutant. The impact on small businesses was accounted for in the regulation development. The requirements reflect the burden on small businesses. Even 10 though, the recordkeeping and reporting requirements are the same for small and larger businesses. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 2: Industry Burden.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the Subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 15,463 person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a Technical Labor Rate of $ 55.34 per hour. This rate is from the United States Department of Commerce Bureau of Labor Statistics, March 2000, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate has been increase by 110% to account for the benefit packages available to those employed by private industry.

Technical $ 55.34 ($ 26.35 + 110%)

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs 11 The type of industry costs associated with the information collection activity in the standards are labor and CEMs. The capital start up costs are one time costs for CEMs when a facility becomes subject to the standard and only ten percent of this industry sector is expected to use CEMs. The capital start up costs for this regulation are 760 dollars. This is based on ten percent of ten new sources per year ( one new source) multiplied by 760 dollars per CEM. The annual operations and maintenance costs are 13,650 dollars. This is based on 39 existing sources ( 10% of industry) multiplied by 350 dollars for upkeep of the monitoring device. The total respondent costs have been calculated on the addition of the capital start up costs and the annual operations and maintenance costs. The average annual burden for capital and, operations and maintenance costs to industry over the next three years of the ICR is estimated to be 14,410 dollars. ( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuou s Monitoring Device ( B) Startup Cost ($) for One Affected Facility ( C) No. of New Affected Facilities to Startup ( D) Total Startup ( B X C) ( E) Annual O& M Costs ($) for One Affected Facility ( F) No. of Affected Facilities with O& M ( G) Total O& M ( E X F)

Scrubber 760 1 760 350 39 13,650 The total capital/ startup costs for this ICR are $ 760. This is the total of column D. This cost is shown on the OMB 83 I form in block 14 letter a. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

The total operation and maintenance ( O& M) costs for this ICR are $ 13,650. This is the total of column G. This cost is shown on the OMB 83 I form in block 14 letter b. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

The total respondent non labor costs have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and, operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 15,000. This cost is shown on the OMB 83 I form in block 14 letter c. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are user costs associated with analysis of the reported 12 information. Publication and distribution of the information are part of the AIRS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Agency cost during the 3 years of the ICR is estimated to be $ 34,926. This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 36.98.

These rates are from OPM's " 2001 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 1. Annual Agency Burden and Cost.

6( d) Estimating the Respondent Universe and Total Burden and Costs Respondent Universe Regulation Citation ( A) No. of New Sources/ Year ( B) No. of Initial Reports for New Sources ( C) No. of Existing Sources ( D) No. of Reports for Existing Sources ( E) Total Annual Responses ( AxB)+( CxD)

40 CFR Part 60.250; 60.8; 60.13 10 1 390 1 400 The number of total respondents is 390. This number is the sum of Column A and Column C of the Respondent Universe table. It is shown on the OMB 83 I form in block 13 a. This is the number of existing sources plus the number of new sources averaged over the three year period.

The " Total annual responses" is 400. This number is in column E of the Respondent Universe table. It is shown on the OMB 83 I form in block 13 b. The total annual labor costs are 855,722 dollars. This number is not shown on the OMB 83 I form in block 13c, only the burden hours are reflected in block 13c. Details upon which this estimate is based appear in Table 2. Annual Respondent Burden and Cost.

The total annual capital and O& M costs to the regulated entity are 15,000 dollars. This number is shown on the OMB 83 I form in block 14 c. These costs are detailed in section 6 b ( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours And Cost Tables The bottom line burden hours and cost tables for the respondents and the Agency appear in " Appendix A" below.

6( f) Reasons for Change in Burden 13 The increase in burden from the most recently approved ICR is due to an increase in the labor rate and slight growth of the industry.

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

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Ms. Susan Auby, Collection Strategies Division ( Mail Code 2822), Office of Environmental Information, United States Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, D. C. 20460 0001; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB Control Number in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. Appendix A Table 1: AVERAGE ANNUAL EPA RESOURCE REQUIREMENT Requirements EPA Hours/ Occurrence ( A) Occurrences/ Plant/ Year ( B) EPA Hours/ Plant/ Year ( C) a Plants/ Year ( D) EPA Hours/ Year ( E) b Initial Performance Test New Plant 24 2 48 10 480 Repeat Performance Test c New Plant 24 0.4 9.6 10 96 Report Review New Plant Notification of Construction 2 1.5 3 10 30 Notification of Actual Start up 2 1.5 3 10 30 Notification of Initial Test 2 1.8 3.6 10 36 Review Test Results 8 1.8 14.4 10 144 TOTAL ANNUAL HOURS 816 Travel Expenses: ( 1 person x 10 plants/ yr x 3 days/ plant x $ 75 per diem) + ($ 250 round trip/ plant x 10 plants/ yr) = $ 4,750/ yr. Salary: ( 1 person x 816 hour/ yr x $ 36.98 = $ 30,176 TOTAL ANNUAL COST = $ 34,926 a A x B = C b C x D = E c Assume 20 percent of initial performance tests must be repeated due to failure. Table 2: ANNUAL BURDEN TO INDUSTRY CALCULATIONS FOR COAL PREPARATION PLANTS Requirements Hours/ Occurr. ( A) Occurrences / Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents / Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) a ( F)

1. Applications NA 2. Survey and Studies NA 3. Reporting Requirements A. Read Instructions 1.5 1 1.5 10 15 830 B. Required Activities Initial performance test 330 1 330 10 3,300 182,622 Reference Method 9 tests 4 1 4 10 40 2,214 Repeat of performance test b 330 0.2 66 10 1,660 91,864 C. Create Information Included in 3B.

D. Gather Existing Information Included in 3E.

E. Write Report Notification of construction/ reconstruction 3 1 3 10 30 1,660 Notification of physical/ operational changes 12 1 12 10 120 6,641 a Assumes an hourly wage of $ 55.34. This amount was multiplied by the hours in column E. b Assumes 20 percent of initial performance tests must be repeated due to failure. Table 2: ANNUAL BURDEN TO INDUSTRY CALCULATIONS FOR COAL PREPARATION PLANTS ( Continued)

Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents / Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) a ( F)

Notification of actual start up 3 1 3 10 30 1,660 Notification of initial performance test 3 1 3 10 30 1,660 Report of performance test Included in 3B.

4. Recordkeeping Requirements A. Read Instructions Included in 3A.

B. Plan Activities Included in 4C.

C. Implement Activities Included in 3B.

D. Develop Record System NA E. Time to Enter Information Records of operating parameters c 0.05 525 26.25 379 9948.75 566,571 F. Train personnel NA G. Audits NA TOTAL ANNUAL BURDEN 15,463 855,722 a Assumes an hourly wage of $ 55.34. This amount was multiplied by the hours in column E. c Assumes operation 350 days per year.


[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Rules and Regulations]
[Pages 31831-31834]
[FR Doc No: 2015-13557]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 400 and 401

[Docket No.: FAA-2012-0045; Amdt. Nos. 400-5 and 401-8]
RIN 2120-AJ90

Exclusion of Tethered Launches From Licensing Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is amending its commercial space transportation
regulations to exclude specified tethered launches from its licensing
and permitting requirements. This action maintains safety by providing
launch vehicle operators with clear and simple criteria for a safe
tethered launch, while relieving operators and the FAA from the
administrative burden of filing and processing license and permit
applications or waiver requests. The intent of this final rule is to
enhance the safety of tethered launches and improve regulatory
effectiveness.

DATES: Effective August 3, 2015.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this rule, contact Stewart Jackson, AST-300, Office of Commercial Space
Transportation, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    For legal questions concerning this rule, contact Sabrina Jawed,
AGC-250, Office of the Chief Counsel, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8839; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended and re-codified
at 51 U.S.C. 50901-50923 (the Act), authorizes the Department of
Transportation and the FAA, through delegations, to oversee, license,
and regulate commercial launch and reentry activities, and the
operation of launch and reentry sites as carried out by U.S. citizens
or within the United States (51 U.S.C. 50904, 50905). The Act directs
the FAA to exercise this responsibility consistent with public health
and safety, safety of property, and the national security and foreign
policy interests of the United States (51 U.S.C. 50905). Section
50901(a)(7) directs the FAA to regulate only to the extent necessary,
in relevant part, to protect the public health and safety and safety of
property. The FAA is also responsible for encouraging, facilitating,
and promoting commercial space launches by the private sector (51
U.S.C. 50903).

I. Overview of Final Rule

    This action provides launch vehicle, tether system, and operational
criteria required to conduct a safe tethered launch. Tethered launches
that meet the criteria contained in this final rule are excluded from
chapter III licensing, permitting, and waiver requirements.
    This rule defines a tether system as a device that contains launch
vehicle hazards by physically constraining a launch vehicle in flight
to a specified range from its launch point. It includes all components,
from the point where the tether attaches to the vehicle to a solid
base, that experience load during a tethered launch. For a tethered
launch to be excluded from the FAA's licensing and permitting
requirements, the tether system, including the points of attachment
within the tether system, must:
     Not yield or fail under the maximum dynamic load on the
system or two times the maximum potential engine thrust;
     Have a minimum safety factor of 3.0 for yield stress and
5.0 for ultimate stress;
     Constrain the launch vehicle within 75 feet above ground
level as measured from the ground to the attachment point of the
vehicle to the tether;
     Display no damage prior to launch; and
     Be insulated or located such that it will not experience
thermal damage due to the launch vehicle's exhaust.
    In addition, tethered operations must be carried out within
specified separation distances based on the amount of propellant
onboard a launch vehicle. Lastly, the launch vehicle must be unmanned,
be powered by a liquid or hybrid engine, carry no more than 5,000
pounds of propellant, and must not use any of the toxic propellants
listed in Table I417-2 or I417-3 in Appendix I of part 417. The
structural criteria mitigate the hazards that can compromise the
structural integrity of the tether system. The vehicle requirements and
operational criteria provide additional protection to the public by
mitigating potential hazards posed by a tether system failure.
    This action alleviates burdens on both the vehicle operator and the
FAA. The operator will no longer incur the costs associated with
submitting a launch license application, permit application or petition
for waiver under chapter III. Also, the operator will not incur the
costs associated with any delay in processing applications or waivers.
Finally, the FAA will not have to evaluate applications, conduct
independent analyses, or issue licenses, permits or waivers.

II. Background

    On August 23, 2012, the FAA published a notice of proposed
rulemaking (NPRM) (77 FR 50956) \1\ that proposed to exclude certain
tethered launches from chapter III requirements if the tethered
launches met specified safety criteria. The proposed criteria did not
address the use of toxic propellants onboard a launch vehicle. During
the NPRM comment period, the FAA received a comment stating the agency
should revise the proposed rule to protect the public from the
potential harm that could result from exposure to a toxic propellant.
The FAA agreed that

it should have addressed toxic propellants in its proposal. As a
result, in July 2014, the agency issued a supplemental notice of
proposed rulemaking (SNPRM) \2\ proposing to require any launch
operator using any of the toxic propellants identified in tables I417-2
and I417-3 in Appendix I of part 417 to satisfy the chapter III
requirements.
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    \1\ Exclusion of Tethered Launches From Licensing Requirements,
NPRM, 77 FR 50956 (Aug. 23, 2012).
    \2\ Exclusion of Tethered Launches From Licensing Requirements,
SNPRM, 79 FR 42475 (July 22, 2014).
---------------------------------------------------------------------------

    In addition to the comment about toxic propellants, the FAA
received other comments to the NPRM, which were discussed in the SNPRM.
Two of the comments resulted in clarifications to the proposed rule and
have been adopted in this final rule. First, the FAA removed the term,
``established strength properties'' from Sec.  400.2(c)(2)(i) to better
clarify the proposed requirement and preserve the original intent,
which is to ensure that the tether system can withstand the maximum
dynamic load placed on it without imposing on the launch operator the
burden of determining strength properties. Second, the FAA revised
Sec.  400.2(c)(2)(iii) to clarify that the maximum flight limit of 75
feet for a tethered launch vehicle would be measured from the ground to
a fully-extended tether's attachment point to a vertically-oriented
vehicle.

III. Discussion of Public Comments to the SNPRM and Final Rule

    The comment period for the July 2014 SNPRM closed on September 22,
2014. The FAA did not receive comments to the SNPRM. However, as noted
under the ``Background'' section of this final rule, the agency did
receive comments to the August 2012 NPRM, and provided detailed
responses to them in the SNPRM. If you wish to review that information,
refer to the ``Background'' section of the SNPRM.
    Because the FAA did not receive comments to the SNPRM, the agency
adopts the amendments proposed in the SNPRM without change.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination is because the FAA has licensing authority over
tethered launches, which are considered launches under chapter III
unless they meet the definition of an amateur rocket launch.\3\ Today,
to conduct such tethered non-amateur rocket launches, operators must
obtain a launch license, experimental permit, or apply for a waiver
from chapter III. Applying for waivers, licenses, and permits imposes a
financial burden on vehicle operators and the FAA because of time and
resources required to create and analyze these applications.
---------------------------------------------------------------------------

    \3\ Launches of amateur rockets are excluded from the
requirements of chapter III. 14 CFR 400.2 (2015).
---------------------------------------------------------------------------

    The final rule establishes clear and simple criteria for an
effective tether system, and vehicle and operational criteria as added
measures to protect the public in the event of a tether system failure.
Operators will not have to apply for a launch license, permit, or
waiver from chapter III to conduct tethered launches of non-amateur
rockets \4\ that meet the rule criteria for an effective tether system
and the vehicle and operational criteria. Operators that meet the
criteria will not have to incur the costs of applying for a launch
license, permit, or waiver and will not have to sustain the costs
associated with delay in the processing of these applications. The FAA
will not have to conduct case-by-case analyses of tethered launches
that meet the established criteria to verify public safety from a
launch vehicle explosion or confirm that the tether system will not
fail. Furthermore, launch operators that conduct tethered launches will
not be compelled to follow the criteria in this final rule because they
will still have the option of applying for a launch license, permit, or
waiver under chapter III. Therefore, the final rule will impose no
additional requirements on operators, but will provide an alternative
to conducting a tethered launch under chapter III. If the operator
deems it more cost effective or prefers to apply for a license, permit,
or waiver than to follow the criteria listed here, the operator will
have that option.
---------------------------------------------------------------------------

    \4\ Operators launching amateur rockets on a tether will still
be subject to part 101 of chapter I and will continue to be excluded
from chapter III.
---------------------------------------------------------------------------

    The FAA requested but received no comments on its conclusion in the
NPRM that the rule would be cost relieving to operators and the FAA.
The FAA then issued an SNPRM that revised the FAA's original proposal
by excluding from chapter III only those eligible launches that do not
use specified toxic propellants. Even with the change that was proposed
in the SNPRM, the rule is still cost relieving relative to the current
regulations. Tethered launches using toxic fuel will continue to comply
with current chapter III requirements and incur no new costs. Operators
launching vehicles that are eligible for the chapter III exclusion will
still benefit from cost savings relative to the current chapter III
requirements. The FAA concluded in the SNPRM that the rule would be
cost relieving to operators and the FAA. The FAA did not receive any
comments to the SNPRM.
    For the reasons discussed, the rule will be cost relieving to both
operators and the FAA. The FAA has determined that this final rule is
not a ``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this, agencies

are required to solicit and consider flexible regulatory proposals and
to explain the rationale for their actions to assure that such
proposals are given serious consideration.'' The RFA covers a wide-
range of small entities, including small businesses, not-for-profit
organizations, and small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    This final rule is expected to provide an alternative to conducting
tethered launches under chapter III and therefore could alleviate the
financial burden of applying for a launch license, permit, or waiver to
chapter III if an operator met the criteria. The expected outcome will
therefore be either a cost saving impact or no impact on small entities
affected by the rule. Even the change proposed in the SNPRM that
launches using toxic propellants would have to continue to comply with
chapter III will not impose costs, as operators conducting tethered
launches currently have to comply with chapter III. Thus, the FAA
concludes the rule will still have either a cost saving impact or no
impact on small entities. The FAA did not receive comments when it
reached this conclusion in both the SNPRM and NPRM.
    If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the Administrator of the FAA
certifies that this rulemaking will not result in a significant
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. If a foreign
launch operator conducts a tethered launch in the United States that
meets the requirements of this final rule, it will be eligible for the
exclusion from chapter III. The FAA has assessed the potential effect
of this final rule and determined that it will have the same impact on
domestic and international entities and thus have a neutral trade
impact.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a final agency rule
that may result in an expenditure of $100 million or more (in 1995
dollars) in any one year by State, local, and tribal governments, in
the aggregate, or by the private sector; such a mandate is deemed to be
a ``significant regulatory action.'' The FAA currently uses an
inflation-adjusted value of $151 million in lieu of $100 million. This
final rule does not contain such a mandate; therefore, the requirements
of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
    Public comments: The FAA did not receive comments to the NPRM or
the SNPRM on its determination that the proposed rule would not impose
new paperwork requirements.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.

G. Environmental

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue

SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document, may contact its local FAA official, or the person listed
under the FOR FURTHER INFORMATION CONTACT heading at the beginning of
the preamble. To find out more about SBREFA on the Internet, visit
http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 400

    Licensing, Safety, Space transportation and exploration.

14 CFR Part 401

    Space transportation and exploration.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter III of title 14, Code of Federal
Regulations as follows:

PART 400--BASIS AND SCOPE

0
1. The authority citation for part 400 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
2. Revise Sec.  400.2 to read as follows:

Sec.  400.2  Scope.

    The regulations in this chapter set forth the procedures and
requirements applicable to the authorization and supervision under 51
U.S.C. subtitle V, chapter 509, of commercial space transportation
activities conducted in the United States or by a U.S. citizen. The
regulations in this chapter do not apply to--
    (a) Space activities carried out by the United States Government on
behalf of the United States Government;
    (b) The launch of an amateur rocket as defined in Sec.  1.1 of
chapter I of this title; or
    (c) A launch of a tethered launch vehicle that meets all the
following criteria:
    (1) Launch vehicle. The launch vehicle must--
    (i) Be unmanned;
    (ii) Be powered by a liquid or hybrid rocket motor;
    (iii) Not use any of the toxic propellants of Table I417-2 and
Table I417-3 in Appendix I of part 417 of this chapter; and
    (iv) Carry no more than 5,000 pounds of propellant.
    (2) Tether system. The tether system must--
    (i) Not yield or fail under--
    (A) The maximum dynamic load on the system; or
    (B) A load equivalent to two times the maximum potential engine
thrust.
    (ii) Have a minimum safety factor of 3.0 for yield stress and 5.0
for ultimate stress.
    (iii) Constrain the launch vehicle within 75 feet above ground
level as measured from the ground to the attachment point of the
vehicle to the tether.
    (iv) Display no damage prior to the launch.
    (v) Be insulated or located such that it will not experience
thermal damage due to the launch vehicle's exhaust.
    (3) Separation distances. The launch operator must separate its
launch from the public and the property of the public by a distance no
less than that provided for each quantity of propellant listed in Table
A of this section.

           Table A--Separation Distances for Tethered Launches
------------------------------------------------------------------------
                                                          Distance (ft.)
                                                           of the public
                                                           and property
               Propellant carried  (lbs.)                  of the public
                                                             from the
                                                           launch point
------------------------------------------------------------------------
1-500...................................................             900
501-1,000...............................................           1,200
1001-1,500..............................................           1,350
1,501-2,000.............................................           1,450
2,001-2,500.............................................           1,550
2,501-3,000.............................................           1,600
3,001-3,500.............................................           1,650
3,501-4,000.............................................           1,700
4,001-4,500.............................................           1,750
4,501-5,000.............................................           1,800
------------------------------------------------------------------------

PART 401--ORGANIZATION AND DEFINITIONS

0
3. The authority citation for part 401 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
4. Amend Sec.  401.5 by adding the definition of tether system in
alphabetical order to read as follows:

Sec.  401.5  Definitions.

* * * * *
    Tether system means a device that contains launch vehicle hazards
by physically constraining a launch vehicle in flight to a specified
range from its launch point. A tether system includes all components,
from the tether's point of attachment to the vehicle to a solid base,
that experience load during a tethered launch.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f) in
Washington, DC, on May 18, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-13557 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Notices]
[Pages 69638-69639]
[FR Doc No: 2020-24295]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2065]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before February 1, 2021.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2065, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium

rates for new buildings built after the FIRM and FIS report become
effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Berrien County, Michigan (All Jurisdictions)
        Project: 13-05-4209S Preliminary Date: December 10, 2019
------------------------------------------------------------------------
Charter Township of Benton.............  Benton Township Office, 1725
                                          Territorial Road, Benton
                                          Harbor, MI 49022.
Charter Township of Lake...............  Lake Township Hall, 3220
                                          Shawnee Road, Bridgman, MI
                                          49106.
Charter Township of Lincoln............  Lincoln Township Hall, 2055
                                          West John Beers Road,
                                          Stevensville, MI 49127.
Charter Township of St. Joseph.........  Township Hall, 3000 Washington
                                          Avenue, St. Joseph, MI 49085.
City of Benton Harbor..................  City Hall, 200 East Wall
                                          Street, Benton Harbor, MI
                                          49022.
City of Bridgman.......................  City Hall, 9765 Maple Street,
                                          Bridgman, MI 49106.
City of New Buffalo....................  City Hall, 224 West Buffalo
                                          Street, New Buffalo, MI 49117.
City of St. Joseph.....................  City Hall, 700 Broad Street,
                                          St. Joseph, MI 49085.
Township of Chikaming..................  Chikaming Township Center,
                                          13535 Red Arrow Highway,
                                          Harbert, MI 49115.
Township of Hagar......................  Hagar Township Hall, 3900
                                          Riverside Road, Riverside, MI
                                          49084.
Township of New Buffalo................  Township Office, 17425 Red
                                          Arrow Highway, New Buffalo, MI
                                          49117.
Township of Royalton...................  Royalton Township Hall, 980
                                          Miners Road, St. Joseph, MI
                                          49085.
Village of Grand Beach.................  Village Hall, 48200 Perkins
                                          Boulevard, Grand Beach, MI
                                          49117.
Village of Michiana....................  Village Hall, 4000 Cherokee
                                          Drive, Michiana, MI 49117.
Village of Shoreham....................  Shoreham Village Hall, 2120
                                          Brown School Road, St. Joseph,
                                          MI 49085.
Village of Stevensville................  Village Hall, 5768 St. Joseph
                                          Avenue, Stevensville, MI
                                          49127.
------------------------------------------------------------------------

[FR Doc. 2020-24295 Filed 11-2-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Notices]
[Pages 44462-44463]
[FR Doc No: 2022-15911]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-049, OMB Control No. 3235-0070]

Submission for OMB Review; Comment Request: Extension: Form 10-Q

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection[s] of information discussed below.
    Form 10-Q (17 CFR 249.308a) is filed by issuers of securities to
satisfy their quarterly reporting obligations pursuant to Section 13 or
15(d) of the Exchange Act (``Exchange Act'') (15 U.S.C. 78m or 78o(d)).
The information provided by Form 10-Q is intended to ensure the
adequacy of information available to investors about an issuer. Form
10-Q takes approximately 182.08663 hours per response to prepare and is
filed by approximately 22,925 respondents. We estimated that 75% of the
approximately 182.08663 hours per response (136.56497 hours) is
prepared by the company for an annual reporting burden of 3,130,752
hours (136.56497 hours per response x 22,925 responses).
    An agency may conduct or sponsor, and a person is not required to
respond

to, a collection of information unless it displays a currently valid
control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by August 25, 2022 to (i) www.reginfo.gov/public/do/PRAMain and (ii)
David Bottom, Director/Chief Information Officer, Securities and
Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC
20549, or by sending an email to: [email protected].

    Dated: July 20, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-15911 Filed 7-25-22; 8:45 am]
BILLING CODE 8011-01-P