[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50940-50944]
[FR Doc No: 2017-23869]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0053]

Highway Safety Programs; Conforming Products List of Evidential
Breath Alcohol Measurement Devices

AGENCY: National Highway Traffic Safety Administration, Department of
Transportation.

ACTION: Notice.

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

SUMMARY: This notice updates the Conforming Products List (CPL)
published in the Federal Register on June 14, 2012 (77 FR 35747) for
instruments that conform to the Model Specifications for Evidential
Breath Alcohol Measurement Devices dated, September 17, 1993 (58 FR
48705). This notice also informs the public that all future updates to
the CPL will be posted on NHTSA's Web site.

DATES: Applicable November 2, 2017.

FOR FURTHER INFORMATION CONTACT:  For technical issues: Dr. Randolph
Atkins, Behavioral Research Division, NPD-310, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590; Telephone;<PHONE_NUMBER>.
    For legal issues: Megan Brown, Office of Chief Counsel, NCC-300,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On November 5, 1973, the National Highway
Traffic Safety Administration (NHTSA) published the Standards for
Devices to Measure Breath Alcohol (38 FR 30459). A Qualified Products
List of Evidential Breath Measurement Devices comprised of instruments
that met this standard was first issued on November 21, 1974 (39 FR
41399).
    On December 14, 1984 (49 FR 48854), NHTSA converted this standard
to Model Specifications for Evidential Breath Testing Devices (Model
Specifications), and published a Conforming Products List (CPL) of
instruments that were found to conform to the Model Specifications as
Appendix D to that notice. Those instruments are identified on the CPL
with an asterisk.
    On September 17, 1993, NHTSA published a notice to amend the Model
Specifications (58 FR 48705) and to update the CPL. That notice changed
the alcohol concentration levels at which instruments are evaluated,
from 0.000, 0.050, 0.101, and 0.151 BAC, to 0.000, 0.020, 0.040, 0.080,
and 0.160 BAC, respectively. It also included a test for the presence
of acetone and an expanded definition of alcohol to include other low
molecular weight alcohols, e.g., methyl or isopropyl. Since that time,
the CPL has been annotated to indicate which instruments have been
determined to meet the Model Specifications published in 1984, and
which have been determined to meet the Model Specifications, as revised
and published in 1993. Thereafter, NHTSA has periodically updated the
CPL with those breath instruments found to conform to the Model
Specifications. The most recent update to the CPL was published June
14, 2012 (77 FR 35747).
    NHTSA published the 1974 Qualified Products List, the 1984 CPL and
all succeeding updates to the CPL in the Federal Register. Future
updates of the CPL will be posted on the NHTSA Web site (https://www.nhtsa.dot.gov/drunk-driving/alcohol-measurement-devices) rather
than to the Federal Register. Online publication will make it easier
for users to access the most recent CPL and will allow NHTSA to make
more timely updates to the CPL. NHTSA will continue to publish any
amendments to the Model Specifications in the Federal Register.
    The CPL published today adds twelve (12) new instruments that have
been evaluated and found to conform to the Model Specifications, as
amended on September 17, 1993 for mobile and non-mobile use. One
instrument is distributed by two different companies, so it has been
listed twice. One manufacturer changed their legal name. One
manufacturer added a new product option for USB and Ethernet
connectivity. One manufacturer added a Bluetooth keyboard accessory to
two (2) devices and a calibration accessory for seven (7) of its
devices. These devices were found to conform with or without the
accessories. Another seven (7) instruments are now being listed under a
different distributer/manufacturer and those devices will be cross-
referenced for legacy purposes. In alphabetical order by company, the
new devices are:
    (1) The ``AlcoMate TS600'' distributed by AK GlobalTech
Corporation, Palisades Park, New Jersey. This device will be known as
the Alcoscan ALP-1 outside of the U.S. The AlcoMate TS600 is a hand-
held device with an electrochemical (EC) fuel cell sensor. This device
is powered by internal batteries and is intended for mobile or
stationary operations.
    (2) The ``Intoxilyzer 500'' manufactured by CMI, Inc., Owensboro,
Kentucky. This instrument is currently listed on the CPL for Alcohol
Screening Devices and will be removed when that CPL is updated.
Improvements to the device's sampling system allow it to conform as an
EBT. It is a hand-held instrument intended for use in mobile or
stationary operations. It uses a fuel cell sensor and is powered by an
internal battery. The Intoxilyzer 500 is also distributed as the Lion
Alcolmeter 500 by Lion Laboratories outside the U.S., so it has been
listed twice on the CPL, once under each of its distributors/
manufacturers.
    (3) The ``Intoxilyzer 9000'' manufactured by CMI, Inc., Owensboro,
Kentucky. This is a bench-top device that is intended for use in mobile
or stationary operations. This device uses an infrared (IR) sensor to
measure ethanol concentration. The Intoxilyzer 9000 can be powered by
either 110 volts alternate current (AC) or 12 volts direct current
(DC).
    (4) The ``Alcotest 3820'' manufactured by Draeger, Inc., Irving,
Texas. The Alcotest 3820 is a hand-held device that uses an
electrochemical (EC) fuel cell sensor to measure ethanol concentration.
This instrument is powered by internal batteries and is intended for
use in stationary or mobile operations.
    (5) The ``Alcotest 5510'' manufactured by Draeger, Inc., Irving,
Texas. The Alcotest 5510 is a hand-held device that uses an
electrochemical (EC) fuel cell senor to measure ethanol. This device is
powered by internal batteries and is intended for use in mobile or
stationary operations.
    (6) The ``Alcotest 5820'' manufactured by Draeger, Inc., Irving,
Texas. The Alcotest 5820 is a hand-held device that uses an
electrochemical (EC) fuel cell senor to measure ethanol. This device is
powered by internal batteries and is intended for use in mobile or
stationary operations.
    (7) The ``Alcotest 6820'' manufactured by Draeger, Inc., Irving,
Texas. The Alcotest 6820 is a hand-held device that uses an
electrochemical (EC) fuel cell senor to measure ethanol. This device is
powered by internal batteries and is intended for use in mobile or
stationary operations.
    (8) The ``AlcoQuant 6020 Plus'' manufactured by EnviteC, Wismar,
Germany and distributed by Honeywell GmbH, Fond du Lac, Wisconsin. The
AlcoQuant 6020 Plus is a hand-held device with a fuel cell sensor. This
device is powered by internal batteries and is intended for use in
mobile and stationary operations.
    (9) The Alco-Sensor FST manufactured by Intoximeters, Inc., Saint
Louis, Missouri. The Alco-Sensor

FST is a hand-held Evidential Breath Tester that uses an
electrochemical (EC) fuel cell sensor to measure ethanol concentration.
This instrument is powered by internal batteries and is intended for
use in stationary or mobile operations.
    (10) The Intox DMT Dual Sensor manufactured by Intoximeters, Inc.,
Saint Louis, Missouri. The Intox DMT Dual Sensor is a bench-top
Evidential Breath Tester that is intended for use in stationary or
mobile operations. This device uses both an infrared (IR) sensor and an
electrochemical (EC) fuel cell sensor. The Intox DMT Dual Sensor can be
powered by either 110 volts AC or 12 volts DC.
    (11) The ``Intox EC/IR II.t'' manufactured by Intoximeters, Inc,
Saint Louis, Missouri. This is a bench-top device intended for use in
mobile or stationary operations. This device uses both an
electrochemical (EC) fuel cell sensor and an infrared (IR) sensor to
measure ethanol concentrations. The Intox EC/IR II.t can be powered by
either 110 volts AC or 12 volts DC.
    (12) The ``FC10Plus'' manufactured by Lifeloc Technologies, Inc.,
Wheat Ridge, Colorado. This is a hand-held device that is intended for
use in mobile or stationary operations. This device uses a fuel cell
sensor and is powered by internal batteries.
    This update indicates that two (2) devices (the Phoenix 6.0 and the
FC20, manufactured by Lifeloc Technologies, Inc., Wheat Ridge,
Colorado) come with Bluetooth keyboard support and five additional
fields that users can use to enter additional information. With these
features, these devices will be listed on the CPL as the ``Phoenix
6.0BT'' and the ``FC20BT''. This update indicates also that seven (7)
devices manufactured by Lifeloc come with the EASYCAL calibration
accessory. Those devices include the FC10, FC10Plus, FC20, FC20BT,
EV30, Phoenix 6.0 and the Phoenix 6.0BT. The CPL specifies that each of
these devices conforms to the model specifications ``w/or without the
EASYCAL accessory.''
    Intoximeters, Inc., Saint Louis, Missouri acquired the breath
alcohol testing business of National Patent Analytical Systems, Inc.
(NPAS). Since there have been no changes to the devices other than
ownership and a device name change, all six devices previously listed
under NPAS (BAC DataMaster (with or without the Delta-1 accessory), BAC
Verifier DataMaster (w/or without the Delta-1 accessory), DataMaster
cdm (w/or without the Delta-1 accessory), DataMaster DMT w/Fuel Cell
option, DataMaster DMT w/Rev A Fuel Cell option, and DataMaster DMT)
will now be listed under both Intoximeters and NPAS. The NPAS
DataMaster DMT will now be known as the Intoximeters Intox DMT.
Accordingly, this device will be listed under Intoximeters under both
names.
    The CPL has been updated to reflect that Draeger Safety
Diagnostics, Inc. will begin operating under the name Draeger, Inc.
effective July 1, 2017 in order to align all sales and service
operations for Draeger in the United States.
    In accordance with the foregoing, the CPL is updated, as set forth
below.

                        Conforming Products List of Evidential Breath Measurement Devices
----------------------------------------------------------------------------------------------------------------
                      Manufacturer/Distributor and model                             Mobile         Non-mobile
----------------------------------------------------------------------------------------------------------------
AK GlobalTech Corporation, Palisades Park, New Jersey:
    AlcoMate TS600 (aka: Alcoscan ALP-1 outside the U.S.).....................               X                X
Alcohol Countermeasure Systems Corp., Toronto, Ontario, Canada:
    Alert J3AD *..............................................................               X                X
    Alert J4X.ec..............................................................               X                X
    PBA3000C..................................................................               X                X
    SAF'IR Evolution..........................................................               X                X
BAC Systems, Inc., Ontario, Canada:
    Breath Analysis Computer *................................................               X                X
CAMEC Ltd., North Shields, Tyne and Ware, England:
    IR Breath Analyzer *......................................................               X                X
CMI, Inc., Owensboro, Kentucky:
    Intoxilyzer Model:
        200...................................................................               X                X
        200D..................................................................               X                X
        240 (aka: Lion Alcolmeter 400+ outside the U.S.)......................               X                X
        300...................................................................               X                X
        400...................................................................               X                X
        400PA.................................................................               X                X
        500 (aka: Lion Alcolmeter 500 outside the U.S.).......................               X                X
        600 (aka: Lion Alcolmeter 600 outside the U.S.).......................               X                X
        1400..................................................................               X                X
        4011 *................................................................               X                X
        4011A *...............................................................               X                X
        4011AS *..............................................................               X                X
        4011AS-A *............................................................               X                X
        4011AS-AQ *...........................................................               X                X
        4011 AW *.............................................................               X                X
        4011A27-10100 *.......................................................               X                X
        4011A27-10100 with filter *...........................................               X                X
        5000..................................................................               X                X
        5000 (w/Cal. Vapor Re-Circ.)..........................................               X                X
        5000 (w/3/8'' ID Hose option).........................................               X                X
        5000CD................................................................               X                X
        5000CD/FG5............................................................               X                X
        5000EN................................................................               X                X
        5000 (CAL DOJ)........................................................               X                X
        5000VA................................................................               X                X
        8000..................................................................               X                X
        9000..................................................................               X                X

        9000 (serial numbers 90-000500 and above).............................               X                X
        PAC 1200 *............................................................               X                X
        S-D2..................................................................               X                X
        S-D5 (aka: Lion Alcolmeter SD-5 outside the U.S.).....................               X                X
Draeger, Inc. (aka: Draeger Safety Diagnostics, Inc. or National Draeger)
 Irving, Texas:
    Alcotest Model:
        3820..................................................................               X                X
        5510..................................................................               X                X
        5820..................................................................               X                X
        6510..................................................................               X                X
        6810..................................................................               X                X
        6820..................................................................               X                X
        7010 *................................................................               X                X
        7110 *................................................................               X                X
        7110 MKIII............................................................               X                X
        7110 MKIII-C..........................................................               X                X
        7410..................................................................               X                X
        7410 Plus.............................................................               X                X
        7510..................................................................               X                X
        9510..................................................................               X                X
    Breathalyzer Model:
        900...................................................................               X                X
        900A *................................................................               X                X
        900BG *...............................................................               X                X
        7410..................................................................               X                X
        7410-II...............................................................               X                X
EnviteC, Wismar, Germany, distributed by Honeywell GmbH, Fond du Lac,
 Wisconsin:
    AlcoQuant 6020............................................................               X                X
    AlcoQuant 6020 Plus.......................................................               X                X
Gall's Inc., Lexington, Kentucky:
    Alcohol Detection System-A.D.S. 500.......................................               X                X
Guth Laboratories, Inc., Harrisburg, Pennsylvania:
    Alcotector BAC-100........................................................               X                X
    Alcotector C2H5OH.........................................................               X                X
    Guth 38...................................................................               X                X
Intoximeters, Inc., St. Louis, Missouri:
    Auto Intoximeter *........................................................               X                X
    GC Intoximeter MK II *....................................................               X                X
    GC Intoximeter MK IV *....................................................               X                X
    Photo Electric Intoximeter *..............................................  ...............               X
    Intoximeter Model:
        3000..................................................................               X                X
        3000 (rev B1) *.......................................................               X                X
        3000 (rev B2) *.......................................................               X                X
        3000 (rev B2A) *......................................................               X                X
        3000 (rev B2A) w/FM option *..........................................               X                X
        3000 (Fuel Cell) *....................................................               X                X
        3000 D *..............................................................               X                X
        3000 DFC *............................................................               X                X
        Alcomonitor...........................................................  ...............               X
        Alcomonitor CC........................................................               X                X
        Alco-Sensor III.......................................................               X                X
        Alco-Sensor III (Enhanced with Serial Numbers above 1,200,000)........               X                X
        Alco-Sensor IV........................................................               X                X
        Alco-Sensor IV XL.....................................................               X                X
        Alco-Sensor V.........................................................               X                X
        Alco-Sensor V XL......................................................               X                X
        Alco-Sensor AZ........................................................               X                X
        Alco-Sensor FST.......................................................               X                X
        Intox DMT Dual Sensor.................................................               X                X
        Intox EC/IR...........................................................               X                X
        Intox EC/IR II........................................................               X                X
        Intox EC/IR II (Enhanced with serial number 10,000 or higher).........  ...............               X
        Intox EC/IR II.t......................................................               X                X
        Portable Intox EC/IR..................................................               X                X
        RBT-AZ................................................................               X                X
        RBT-III...............................................................               X                X
        RBT III-A.............................................................               X                X
        RBT IV................................................................               X                X
        RBT IV with CEM (cell enhancement module).............................               X                X
        (Also Listed under National Patent Analytical Systems, Inc.) BAC                     X                X
         DataMaster (with or without the Delta-1 accessory)...................

        BAC Verifier DataMaster (w/or without the Delta-1 accessory)..........               X                X
        DataMaster cdm (w/or without the Delta-1 accessory)...................               X                X
        DataMaster DMT w/Fuel Cell option.....................................               X                X
        DataMaster DMT w/Rev A Fuel Cell option...............................               X                X
        DataMaster DMT (aka: Intox MT)........................................               X                X
        Intox DMT (aka: DataMaster DMT).......................................               X                X
Komyo Kitagawa, Kogyo, K.K., Japan:
    Alcolyzer DPA[dash]2 *....................................................               X                X
    Breath Alcohol Meter PAM 101B *...........................................               X                X
Lifeloc Technologies, Inc., (formerly Lifeloc, Inc.), Wheat Ridge, Colorado:
    EV 30 (w/or without EASYCAL accessory)....................................               X                X
    FC 10 (w/or without EASYCAL accessory)....................................               X                X
    FC10Plus (w/or without EASYCAL accessory).................................               X                X
    FC 20 (w/or without EASYCAL accessory)....................................               X                X
    FC20BT (w/or without EASYCAL accessory)...................................               X                X
    LifeGuard Pro.............................................................               X                X
    Phoenix...................................................................               X                X
    Phoenix 6.0 (w/or without EASYCAL accessory)..............................               X                X
    Phoenix 6.0BT (w/or without EASYCAL accessory)............................               X                X
Lion Laboratories, Ltd., Cardiff, Wales, United Kingdom:
    Alcolmeter Model:
        300...................................................................               X                X
        400...................................................................               X                X
        400+ (aka: Intoxilyzer 240 in the U.S.)...............................               X                X
        500 (aka: Intoxilyzer 500 in the U.S.)................................               X                X
        600 (aka: Intoxilyzer 600 in the U.S.)................................               X                X
        EBA *.................................................................               X                X
        SD-2 *................................................................               X                X
        SD-5 (aka: S-D5 in the U.S.)..........................................               X                X
    Intoxilyzer Model:
        200...................................................................               X                X
        200D..................................................................               X                X
        1400..................................................................               X                X
        5000 CD/FG5...........................................................               X                X
        5000 EN...............................................................               X                X
Luckey Laboratories, San Bernardino, California:
    Alco-Analyzer Model:
        1000 *................................................................  ...............               X
        2000 *................................................................  ...............               X
Nanopuls AB, Uppsala, Sweden:
    Evidenzer.................................................................               X                X
National Patent Analytical Systems, Inc. (NPAS), Mansfield, Ohio:
    BAC DataMaster (with or without the Delta-1 accessory)....................
    BAC Verifier DataMaster (w/or without the Delta-1 accessory)..............               X                X
    DataMaster cdm (w/or without the Delta-1 accessory).......................               X                X
    DataMaster DMT (aka: Intox DMT)...........................................               X                X
    DataMaster DMT w/Fuel Cell option SN: 555555..............................               X                X
    DataMaster DMT w/Rev A Fuel Cell option SN: 100630........................               X                X
Omicron Systems, Palo Alto, California:
    Intoxilyzer Model:
        4011 *................................................................               X                X
        4011AW *..............................................................               X                X
PAS International, Fredericksburg, Virginia:
    Alcovisor Jupiter.........................................................               X                X
    Alcovisor Mercury.........................................................               X                X
    Mark V Alcovisor..........................................................               X                X
Plus 4 Engineering, Minturn, Colorado:
    5000 Plus 4 *.............................................................               X                X
Seres, Paris, France:
    Alco Master...............................................................               X                X
    Alcopro...................................................................               X                X
Siemans-Allis, Cherry Hill, New Jersey:
    Alcomat *.................................................................               X                X
    Alcomat F *...............................................................               X                X
Smith and Wesson Electronics, Springfield, Massachusetts:
    Breathalyzer Model:
        900 *.................................................................               X                X
        900A *................................................................               X                X
        1000 *................................................................               X                X
        2000 *................................................................               X                X
        2000 (non-Humidity Sensor) *..........................................               X                X
Sound-Off, Inc., Hudsonville, Michigan:

    AlcoData..................................................................               X                X
    Seres Alco Master.........................................................               X                X
    Seres Alcopro.............................................................               X                X
Stephenson Corp.:
    Breathalyzer 900 *........................................................               X                X
Tokai-Denshi Inc., Tokyo, Japan:
    ALC-PRO II (US)...........................................................               X                X
U.S. Alcohol Testing, Inc./Protection Devices, Inc., Rancho Cucamonga,
 California:
    Alco-Analyzer 1000........................................................  ...............               X
    Alco-Analyzer 2000........................................................  ...............               X
    Alco-Analyzer 2100........................................................               X                X
Verax Systems, Inc., Fairport, New York:
    BAC Verifier *............................................................               X                X
BAC Verifier Datamaster.......................................................               X                X
BAC Verifier Datamaster II *..................................................               X                X
----------------------------------------------------------------------------------------------------------------
* Instruments marked with an asterisk (*) meet the Model Specifications detailed in 49 FR 48854 (December 14,
  1984) (i.e., instruments tested at 0.000, 0.050, 0.101, and 0.151 BAC). Instruments not marked with an
  asterisk meet the Model Specifications detailed in 58 FR 48705 (September 17, 1993), and were tested at BACs =
  0.000, 0.020, 0.040, 0.080, and 0.160. All instruments that meet the Model Specifications currently in effect
  (dated September 17, 1993) also meet the Model Specifications for Screening Devices to Measure Alcohol in
  Bodily Fluids.

    Authority:  44 U.S.C. Section 3506(c)(2)(A).

    Issued in Washington, DC, on October 30, 2017.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2017-23869 Filed 11-1-17; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64590-64591]
[FR Doc No: 2014-25753]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-1016; FRL-9918-64-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; The National Refrigerant Recycling and
Emissions Reduction Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``The National Refrigerant
Recycling and Emissions Reduction Program'' (EPA ICR No. 1626.12, OMB
Control No. 2060-0256) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through November 30, 2014. Public comments were
previously requested via the Federal Register 79 FR 40753 on July 14,
2014 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
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.

DATES: Additional comments may be submitted on or before December 1,
2014.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2010-1016 to (1) EPA online using www.regulations.gov (our
preferred method), by email to: a-and-r-

<EMAIL_ADDRESS>or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Robert Burchard, Stratospheric Program
Division, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number<PHONE_NUMBER>; fax number:
(202) 343-2338; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: EPA developed regulations under the Clean Air Act
Amendments of 1990 (CAA) regarding the use and disposal of class I and
class II ozone-depleting substances used as refrigerants during the
service, maintenance, repair, or disposal of refrigeration and air-
conditioning equipment. Section 608(c) of the CAA states that it is
unlawful for any person in the course of maintaining, servicing,
repairing, or disposing of refrigeration or air-conditioning equipment
to knowingly vent or otherwise knowingly release or dispose of a class
I or class II substance used as a refrigerant in the equipment in a
manner which permits the substance to enter the environment.
    In 1993, EPA promulgated regulations under section 608 of the CAA
for the recycling of ozone-depleting refrigerants recovered during
servicing and disposal of air-conditioning and refrigeration equipment
(40 CFR part 82). The regulations require persons servicing
refrigeration and air-conditioning equipment to observe service
practices that reduce emissions of ozone depleting refrigerants. The
regulations also establish certification programs for technicians,
recycling and recovery equipment, and off-site refrigerant reclaimers.
In addition, EPA requires that ozone depleting refrigerants contained
``in bulk'' in appliances be removed prior to disposal of the
appliances, and that all refrigeration and air-conditioning equipment
(except for small appliances and room air conditioners) be provided
with a servicing aperture that facilitates recovery of the refrigerant.
Moreover, the Agency requires that substantial refrigerant leaks in
equipment be repaired when discovered. These regulations significantly
reduce emissions of ozone depleting refrigerants and therefore aid
efforts to minimize damage to the ozone layer.
    To facilitate compliance with section 608, EPA requires reporting
and record keeping for technicians; technician certification programs;
equipment testing organizations; refrigerant wholesalers and
purchasers; refrigerant reclaimers; refrigeration and air-conditioning
equipment owners; and other establishments that perform refrigerant
removal, service, or disposal. These reporting and recordkeeping
requirements help EPA evaluate the effectiveness of refrigerant
regulations and reduce emissions of ozone-depleting substances.
    Form Numbers: None.
    Respondents/affected entities: Entities that recover, recycle,
reclaim, sell or distribute in interstate commerce ozone-depleting
refrigerants that contain chlorofluorocarbons (CFCs) or
hydrochlorofluorocarbons (HCFCs); those that service, maintain, repair,
or dispose of appliances containing CFC or HCFC refrigerants; and those
that own or operate appliances containing more than 50 pounds of CFC or
HCFC refrigerants.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 883,680.
    Frequency of response: Primarily annually, with the exception of
technician testing organizations that are required to report
biannually.
    Total estimated burden: 320,537 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $14,202,991, which includes no capital or O&M
costs.
    Changes in the Estimates: There is a slight increase in the average
annual burden hours currently identified in the current OMB Inventory
of Approved ICR Burdens due to a change in the estimates.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2014-25753 Filed 10-29-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Page 67643]
[FR Doc No: 2012-27505]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR13-6-000]

Enbridge Pipelines (North Dakota) LLC; Notice of Petition for
Declaratory Order

    Take notice that on November 2, 2012, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2012), Enbridge Pipelines (North Dakota) LLC, filed a
petition seeking a declaratory order and approval of a related Offer of
Settlement with respect to a major proposed expansion and extension of
the Enbridge North Dakota pipeline system known as the Sandpiper
Project, as more fully described in their petition.
    Any person desiring to intervene or to protest in this proceedings
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on Tuesday, November 27, 2012.

    Dated: November 6, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-27505 Filed 11-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 10, 2010 (Volume 75, Number 153)]
[Notices]
[Page 48388-48390]
[DOCID:fr10au10-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62628; File No. SR-Phlx-2010-107]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. Relating
to Making Permanent the Sponsored Access Pilot Program

August 3, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on July 28, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to make permanent its sponsored access rule,
Rule 1094. The current pilot expires on September 15, 2010.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

 1. Purpose
    The purpose of the proposed rule change is to attract additional
business by making permanent its sponsored access rule, which is
similar to that of other exchanges. Since the inception of the rule as
a pilot, many member organizations have now availed themselves of the
program. The Exchange believes that making the program permanent should
help attract even more users, especially because other exchanges'
similar rules are not pilot programs.
    A Sponsored Participant is a non-member of the Exchange, such as an
institutional investor, that gains access to the Exchange and trades
under a Sponsoring Member's execution and clearing identity pursuant to
a sponsorship arrangement between such non-member and a member
organization. Specifically, the Exchange proposes to permit Sponsored
Participants to be sponsored by

Sponsoring Member Organizations, and thereby access the Exchange,
subject to certain requirements. These requirements are intended to
confirm that the Sponsored Participant is required to and had
procedures in place to comply with Exchange rules, and that the
Sponsoring Member Organization takes responsibility for the Sponsored
Participant's activity on the Exchange.
    First, the Sponsored Participant and its Sponsoring Member
Organization must have entered into and maintained an Access Agreement
with the Exchange. The Sponsoring Member Organization must designate
the Sponsored Participant by name in an addendum to the Access
Agreement.
    Second, there must be a Sponsored Participant Agreement between the
Sponsoring Member Organization and the Sponsored Participant that
contains the following sponsorship provisions, enumerated in full in
Rule 1094(b)(ii):
    (i) The orders of the Sponsored Participant are binding in all
respects on the Sponsoring Member Organization;
    (ii) The Sponsoring Member Organization is responsible for the
actions of the Sponsored Participant;
    (iii) In addition to the Sponsoring Member Organization being
required to comply with the Exchange Certificate of Incorporation, By-
laws, Rules and procedures of the Exchange, the Sponsored Participant
shall do so as if such Sponsored Participant were an Exchange member
organization;
    (iv) The Sponsored Participant shall maintain, keep current and
provide to the Sponsoring Member Organization a list of individuals
authorized to obtain access to the Exchange on behalf of the Sponsored
Participant;
    (v) The Sponsored Participant shall familiarize its authorized
individuals with all of the Sponsored Participant's obligations under
this Rule and will assure that they receive appropriate training prior
to any use or access to the Exchange;
    (vi) The Sponsored Participant may not permit anyone other than
authorized individuals to use or obtain access to the Exchange; \3\
---------------------------------------------------------------------------

    \3\ If the Exchange determines that an authorized individual has
caused a Member Organization to violate the Exchange's Rules, the
Exchange could direct the Member Organization to suspend or withdraw
the person's status as an authorized individual.
---------------------------------------------------------------------------

    (vii) The Sponsored Participant shall take reasonable security
precautions to prevent unauthorized use or access to the Exchange,
including unauthorized entry of information into the Exchange, and
agrees that it is responsible for any and all orders, trades and other
messages and instructions entered, transmitted or received under
identifiers, passwords and security codes of authorized individuals,
and for the trading and other consequences thereof;
    (viii) The Sponsored Participant acknowledges its responsibility to
establish adequate procedures and controls that permit it to
effectively monitor its employees', agents' and Participants' use and
access to the Exchange for compliance with the terms of this agreement;
    (ix) The Sponsored Participant shall pay when due all amounts, if
any, payable to Sponsoring Member Organization, the Exchange, or any
other third parties that arise from the Sponsored Participant's access
to and use of the Exchange. Such amounts include, but are not limited
to applicable exchange and regulatory fees.
    Third, the Sponsoring Member Organization must provide the Exchange
with a Sponsored Participant Addendum to its Access Agreement
acknowledging its responsibility for the orders, executions and actions
of its Sponsored Participant at issue.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \4\ in general, and furthers the objectives of Section
6(b)(5) of the Act \5\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest by
helping market participants seeking access to a marketplace. Given that
it is substantially similar to the rules of several other exchanges and
has been in effect for several prior pilot periods,\6\ the proposal to
make permanent this pilot program does not appear to raise any novel
regulatory issues.\7\ Because the sponsored access rule has been relied
upon by many member organizations, the Exchange believes that the
changes proposed herein should serve to help market participants
seeking access to its marketplace.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ See Securities Exchange Release Nos. 59362 (February 5,
2009), 74 FR 6931 (February 11, 2009) (SR-Phlx-2009-10); 60456
(August 7, 2009), 74 FR 40862 (August 13, 2009) (SR-Phlx-2009-63);
60942 (November 4, 2009), 74 FR 58350 (November 12, 2009) (SR-Phlx-
2009-93); 61372 (January 15, 2010), 75 FR 4132 (January 26, 2010)
(SR-Phlx-2010-04); and 61776 (March 24, 2010), 75 FR 16219 (March
31, 2010) (SR-Phlx-2010-44).
    \7\ The Exchange understands that the Commission has proposed
for comment new Rule 15c3-5 under the Exchange Act that would govern
access to trading venues. Securities Exchange Act Release No. 61379
(January 19, 2010), 75 FR 4007 (January 26, 2010) (File No. S7-03-
10). Of course, once such a rule becomes effective, the Exchange
would comply with it and modify its rules accordingly. In the
interim, the Exchange believes that making its Rule 1094 permanent
sends a message to its users that the Exchange's sponsored access
program is thriving, especially because other exchanges' similar
programs are not pilot programs.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) \9\
thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or

     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-107 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

    All submissions should refer to File Number SR-Phlx-2010-107. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    All submissions should refer to File Number SR-Phlx-2010-107 and
should be submitted on or before August 31, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19605 Filed 8-9-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 67600-67604]
[FR Doc No: 2011-28256]

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

40 CFR Parts 52

[EPA-R06-OAR-2011-0426; FRL-9485-3]

Approval and Promulgation of Implementation Plans; Texas;
Regulations for Control of Air Pollution by Permits for New
Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving portions of three revisions to the Texas
State Implementation Plan (SIP) submitted by the State of Texas on
August 31, 1993; July 22, 1998; and October 5, 2010. These revisions
amend existing sections and create new sections in Title 30 of the
Texas Administrative Code (TAC), Chapter 116--Control of Air Pollution
by Permits for New Construction or Modification. The August 31, 1993,
revision creates two new sections for the use of emission reductions as
offsets in new source review permitting. The July 22, 1998, revision
allows for the use of Discrete Emission Reduction Credits (DERC) to
exceed emission limits in permits (permit allowables) and updates
internal citations to other Texas regulations. The October 5, 2010,
revision updates internal citations to other Texas regulations. EPA has
determined that these SIP revisions comply with the Clean Air Act and
EPA regulations and are consistent with EPA

policies. This action is being taken under authority of the Federal
Clean Air Act (the Act or CAA).

DATES: This final rule is effective on December 2, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0426. All documents in the docket are listed in
the http://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 http://www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER>
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cent per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below during official business hours by appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's final action, please contact Ms. Erica Le Doux (6PD-R), Air
Permits Section, Environmental Protection Agency, Region 6, 1445 Ross
Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone (214)
665-7265; fax number<PHONE_NUMBER>; email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever, any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What final action is EPA taking?
II. What is the background for this action?
III. What are EPA's responses to comments received on the proposed
action?
IV. Statutory and Executive Order Reviews

I. What final action is EPA taking?

    We are fully approving severable portions of three revisions to the
Texas SIP submitted on August 31, 1993; July 22, 1998; and October 5,
2010. The August 31, 1993, SIP submittal creates two new sections,
116.174 and 116.175, establishing the requirements for use and
recordkeeping of emission reductions in New Source Review (NSR)
permitting. The July 22, 1998 SIP submittal creates a new section at
116.116(f) that allows Discrete Emission Reduction Credits (DERCs) to
be used to exceed permit allowables; and amends existing section
116.174 to correctly cross-reference other Texas permitting
regulations. The October 5, 2010, SIP submittal amends section
116.116(f) to correctly cross-reference the SIP-approved DERC rules at
Title 30 of the Texas Administrative Code (30 TAC) Chapter 101,
Subchapter H, Division 4. We are fully approving new sections 116.174
and 116.175 submitted on August 31, 1993. We are approving new section
116.116(f) and amendments to section 116.174 submitted on July 22,
1998. Finally, we are fully approving the amendment to section
116.116(f) submitted on October 5, 2010.
    EPA acted on the above SIP revisions through a direct final
rulemaking and accompanying proposed rule action on July 25, 2011 at 76
FR 44271 and 76 FR 44293, respectively. In our direct final action we
stated that we would withdraw our direct final approval if we received
relevant adverse comments before August 24, 2011. Because EPA received
one adverse comment, we withdrew our direct final action on September
15, 2011 at 76 FR 56982. As we discussed in our direct final and
proposed rulemaking actions, in this notice we are proceeding with a
final action and responding to the comment. The revisions submitted by
Texas amend existing sections and create new sections in 30 TAC Chapter
116--Control of Air Pollution by Permits for New Construction or
Modification and they comply with the CAA and EPA regulations, are
consistent with EPA policies, and will improve air quality. This final
approval is being taken under section 110 and parts C and D of the CAA.
    Finally, EPA is revising the title used in the direct final action
to remove a reference to Permits by Rule. Because this action does not
change any provision of Texas' Permits by Rule program, we are removing
the reference to Permits by Rule to clarify that such rules are not
part of this action.

II. What is the background for this action?

    We are approving severable provisions of three SIP revisions that
the Texas Commission on Environmental Quality (TCEQ) adopted on August
16, 1993; June 17, 1998; and September 15, 2010; and submitted to EPA
on August 31, 1993; July 22, 1998; and October 5, 2010; respectively.
Copies of the revised rules as well as the Technical Support Document
(TSD) can be obtained from the Docket, as discussed in the ``Docket''
section above. A discussion of the specific Texas rule changes that we
are approving is included in the TSD and summarized below. The TSD also
contains a discussion as to why EPA is not taking action on certain
provisions of each Texas SIP submittal and documents why these
provisions are severable from the provisions that we are approving.

A. August 31, 1993, Submittal

1. Section 116.174--Determination by Executive Director To Authorize
Reductions
    The TCEQ adopted section 116.174 on August 16, 1993, to provide the
criteria by which the TCEQ Executive Director (ED) will determine
whether emission reductions can be used for purposes of NSR permitting.
Section 116.174 requires that the ED approve reductions for use
pursuant with requirements set forth in SIP-approved section 116.170.
Additionally, any emission reductions approved for use as offsets by
the ED must be made as enforceable permit conditions.
2. Section 116.175--Recordkeeping
    The TCEQ adopted new section 116.175 on August 16, 1993, to
establish that the recordkeeping burden for the generation and use of
emission reductions in NSR permitting is on the applicant. The TCEQ
will only maintain records associated with the permit application and
files. The permit applicant is responsible for making all records
related to the emission reductions available upon request by the ED.

B. July 22, 1998, Submittal

1. Section 116.116(f)--Use of Credits
    The TCEQ adopted new section 116.116(f) on June 17, 1998, to
provide that DERCs generated under the TCEQ's banking and trading
provisions at 30 TAC 101.29 can be used to exceed permit allowables, if
all applicable requirements of section 101.29 are

satisfied. Since the adoption of section 116.116(f), the TCEQ has
recodified the SIP-approved DERC provisions from 30 TAC 101.29 to 30
TAC 101.376. The use of DERCs cannot be used to authorize any physical
changes to a facility.
    EPA reviewed and conditionally approved the DERC program on
September 6, 2006 at 71 FR 52703. This conditional approval was
converted to a full approval on May 18, 2010 at 75 FR 27644. The full
approval action resulted after we found that TCEQ satisfied all
elements that were outlined in a commitment letter submitted by TCEQ,
dated September 8, 2005. This commitment letter can be found in the
docket for our approval of the DERC program at EPA-R06-OAR-2005-TX-
0029. The DERC rules establish a type of Economic Incentive Program
(EIP), in particular an open market emission trading (OMT) program as
described in EPA's EIP Guidance document, ``Improving Air Quality with
Economic Incentive Programs'' (EPA-452/R-01-001, January 2001). In an
OMT program, a source generates short-term emission credits (called
discrete emission reduction credits, or DERCs, in the Texas program) by
reducing its emissions. The source can then use these DERCs at a later
time, or trade them to another source to use at a later time. The
trading program assumes that many sources will participate and
continuously generate new DERCs to balance with other sources using
previously generated discrete credits. DERCs are quantified, banked and
traded in terms of mass (tons) and may be generated and used statewide.
Reductions of all criteria pollutants, with the exception of lead, may
be certified as DERCs.
2. Section 116.174--Determination by Executive Director To Authorize
Reductions
    The TCEQ adopted amendments to section 116.174 on June 17, 1998, to
remove outdated references to the Texas Air Control Board, and to
update references to other sections of the Texas NSR permitting
regulations where emission reductions can be used in permits.

C. October 5, 2010, Submittal

Section 116.116(f)--Use of Credits
    The TCEQ adopted amendments to section 116.116(f) on September 15,
2010, to change references to outdated section 101.29 to the current
SIP-approved section 101.376.
    In our July 25, 2011, direct final action, we presented our
evaluation of these revisions to amend existing sections and create new
sections in 30 TAC Chapter 116--Control of Air Pollution by Permits for
New Construction or Modification. Generally, SIP rules must be
enforceable and must not relax existing requirements. See CAA sections
110(a), 110(l), and 193. EPA's review of the August 31, 1993; July 22,
1998; and October 5, 2010; SIP revisions finds that all three
submittals are consistent with the requirements at 40 CFR part 51 and
are considered complete SIP submittals in accordance with 40 CFR part
51, appendix V. This detailed analysis is available in the TSD for this
rulemaking.

III. What are EPA's responses to comments received on the proposed
action?

    EPA received one adverse comment on our proposed action, available
in the docket. As discussed previously, because we received an adverse
comment within the comment period, EPA withdrew our direct final
rulemaking on September 15, 2011, 76 FR 56982. We are proceeding with a
final action in this notice.
    A summary of the comment EPA received is as follows: The
implementation of this rule would shutdown the Luminant Big Brown Mine
and Power Plant in Freestone County, Texas. The effects would be
disastrous to the community of Fairfield, Texas, where the commenter
lives and works. The closure of this facility would cause an economic
decline because the plant is the main economic driving force for this
community; as a result, people will leave the area to find work. People
vacating the area would cause a decline in the housing and retail
market, both of which, the commenter and his wife are active
participants. The commenter wants the government to reconsider the
rule.
    The commenter did not provide any basis for why this action will
cause the shutdown of the mentioned power plants and consequently cause
the economic decline of the surrounding communities, nor did he call
attention to any specific parts of the rule that would cause this to
happen. While EPA is just now approving these rules as revisions to the
Texas SIP, Texas has been implementing these rules since they became
effective in 1993 and 1998. If these rules had the potential to result
in the plant closures and the local community's economic decline
outlined in the comments, this potential would have existed since the
1993 and 1998 revisions associated with these rules. However, the
commenter did not identify any past plant closures and economic decline
as a result of these rules. Accordingly, these SIP revisions and
amendments should be approved.
    The Clean Air Act was enacted by Congress. 42 U.S.C.A. 7401. Under
the Act, EPA is authorized to set clean air standards. 42 U.S.C.A.
7409. States are authorized to choose control strategies to meet these
standards. 42 U.S.C.A. 7410(a). EPA can approve the strategies into
state implementation plans, as long as the strategies are consistent
with the Act. 42 U.S.C.A. 7410(l). As we stated in our proposal, and in
section II of this notice, EPA finds the submitted SIP revisions to 30
TAC Chapter 116 as identified earlier herein are consistent with the
Act. EPA is making no changes to our proposed action as a result of
this comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);

     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. section 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
action 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. 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 January 3, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 21, 2011.
Al Armendariz,
Regional Administrator, Region 6.
    40 CFR part 52 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 SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended as follows:
0
a. By revising the entry for Sec.  116.116;
0
b. By adding new entries for Sec. Sec.  116.174 and 116.175.
    The additions and revisions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State
                                                      approval/
         State citation             Title/subject     submittal      EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.116................  Changes to            9/15/2010  11/2/2011 [Insert FR    The SIP does not
                                  Facilities.                      page number where       include paragraph
                                                                   document begins].       (b)(3) and (b)(4),
                                                                                and subsection (e).
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Division 7--Emission Reductions: Offsets *
----------------------------------------------------------------------------------------------------------------
Section 116.174................  Determination by      6/17/1998  11/2/2011 [Insert FR    ......................
                                  Executive                        page number where
                                  Director to                      document begins].
                                  Authorize
                                  Reductions.
----------------------------------------------------------------------------------------------------------------
Section 116.175................  Recordkeeping.....    8/16/1993  11/2/2011 [Insert FR    ......................
                                                                   page number where
                                                                   document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2011-28256 Filed 11-1-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Page 59215]
[FR Doc No: 2016-20598]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0715; FRL-9947-07-OEI]

Agency Information Collection Activities; Submitted to OMB for
Review and Approval; Comment Request; Tolerance Petitions for
Pesticides on Food or Feed Crops and New Food Use Inert Ingredients

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has submitted the following information collection request
(ICR) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act: ``Tolerance
Petitions for Pesticides on Food or Feed Crops and New Food Use Inert
Ingredients'' (EPA ICR No. 0597.12, OMB Control No. 2070-0024). This is
a request to renew the approval of an existing ICR, which is currently
approved through August 31, 2016. EPA did not receive any comments in
response to the previously provided public review opportunity issued in
the Federal Register of December 24, 2015 (80 FR 80357). With this
submission, EPA is providing an additional 30 days for public review.

DATES: Comments must be received on or before September 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OPP-2015-0715, to both EPA and OMB as follows:
    [ssquf] To EPA online using http://www.regulations.gov (our
preferred method) or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and
    [ssquf] To OMB via email to<EMAIL_ADDRESS>Address
comments to OMB Desk Officer for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information for which disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Amaris Johnson, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Docket: Supporting documents, including the ICR that explains in
detail the information collection activities and the related burden and
cost estimates that are summarized in this document, are available in
the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The telephone number for the Docket Center is (202)
566-1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    ICR status: This ICR is currently scheduled to expire on August 31,
2016. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB.
    Under PRA, 44 U.S.C. 3501 et seq., 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 are displayed either by publication in the
Federal Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers for certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: The use of pesticides to increase crop production often
results in pesticide residues in or on the crop. To protect the public
health from unsafe pesticide residues, EPA sets limits on the nature
and level of residues permitted pursuant to section 408 of the Federal
Food, Drug and Cosmetic Act (FFDCA). A pesticide may not be used on
food or feed crops unless the Agency has established a tolerance
(maximum residue limit) for the pesticide residues on that crop or
established an exemption from the requirement to have a tolerance.
    EPA is responsible for ensuring that the maximum residue levels
likely to be found in or on food/feed are safe for human consumption
through a careful review and evaluation of residue chemistry and
toxicology data. In addition, EPA must ensure that adequate enforcement
of the tolerance can be achieved through the testing of submitted
analytical methods. If the data are adequate for EPA to determine that
there is a reasonable certainty that no harm will result from aggregate
exposure, the Agency will establish the tolerance or grant an exemption
from the requirement of a tolerance.
    This ICR only applies to the information collection activities
associated with the submission of a petition for a tolerance action.
While EPA is authorized to set pesticide tolerances, the Food and Drug
Administration (FDA) is responsible for their enforcement. Food or feed
commodities found to contain pesticide residues in excess of
established tolerances are considered adulterated, are subject to
seizure by FDA, and may result in civil penalties.
    Form Numbers: None.
    Respondents/affected entities: Pesticide manufacturers, IR-4, and
similar entities.
    Respondent's obligation to respond: Mandatory under FIFRA section
408.
    Estimated number of respondents: 165 (total).
    Frequency of response: On occasion.
    Total estimated burden: 285,128 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $27,475,223.58 (per year), there is no cost
for capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of 48,328 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is a result of a change in the estimated
average number of tolerance petitions submitted annually (from 137 to
165), which changes the annual burden hours for respondents. There is
no change in the per tolerance petition burden. This change is an
adjustment.

    Authority: 44 U.S.C. 3501 et seq.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2016-20598 Filed 8-26-16; 8:45 am]
 BILLING CODE 6560-50-P