1 Asphalt Shingle and Coating Materials Manufacturing: 2002, 2002 Economic Census, Manufacturing Industry Series, U. S. Census Bureau, ECO2 311 324122, August 2004 SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR part 60, subpart UU)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR part 60, subpart UU)( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for Asphalt Processing and Asphalt Roofing Manufacture were proposed on November 18, 1980, amended on May 26, 1981, and promulgated on August 6, 1982. These standards apply to each saturator and each asphalt storage facility at asphalt roofing plants; and to each asphalt storage tank and each blowing still at asphalt processing plants, petroleum refineries, and asphalt roofing plants. New facilities include those that commenced construction, modification or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 60, subpart UU.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, 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 United States Environmental Protection Agency ( EPA) regional office.

Approximately 178 sources are currently subject to the regulation, and it is estimated that two ( 2) existing sources will undergo reconstruction and become new sources subject to the regulation per year over the next three years. Based on historical data provided by the U. S. Census Bureau, we also estimate that nine ( 9) facilities currently subject to the regulation will cease operations per year over the next three years. 1 There were 83 sources identified in the previous Information Collection Request ( ICR) and a new growth rate of two ( 2) sources per year. The increase in the number of sources in this ICR compared to the previous ICR is due to an error in estimating the number of sources in the previous ICR. The change in the estimated 2 growth rate from the previous ICR is due to the availability of new information provided by the United States Census Bureau ( USCB).

The Office of Management and Budget ( OMB) approved the currently active ICR without any " Terms of Clearance."

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 ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction 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 addition, section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, particulate matter emissions from asphalt processing and roofing manufacture cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart UU. 3 2( b) Practical Utility/ Users of the Data The control of particulate matter emissions from asphalt processing and roofing manufacture requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of particulate matter from asphalt processing and roofing manufacture are the result of the operation of the affected facilities. The subject standards are achieved by the capture of particulate emissions using control devices such as electrostatic precipitators, high velocity air filters, or afterburners. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the regulations are 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 standards, and to serve as a record of the operating conditions under which compliance was achieved. The semiannual 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 in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, 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 requested recordkeeping and reporting are required under 40 CFR part 60, subpart UU.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly 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 its own similar standards to implement the Federal standards, 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 standards. 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 ( 69 FR 29718) on May 25, 2004. No comments were received on the burden published in the Federal Register. 4 3( c) Consultations In estimating the burden associated with this standard, we contacted the Asphalt Roofing Manufacturers Association ( ARMA). However, no response was provided. As an alternative, we used EPA's Enforcement and Compliance History Online ( ECHO) database and United States Census Bureau ( USCB) data to estimate the number of sources and the growth rate of the industry. Based on these sources, there are approximately 178 sources currently subject to the regulation. We also estimate two ( 2) existing sources will undergo reconstruction and become new sources subject to the regulation each year over the next three years. Based on historical data provided by the USCB, we estimate that nine ( 9) sources currently subject to the regulation will cease operations each year over the next three years.

The increase in the number of sources compared to the previous ICR is due to an error in estimating the number of sources in the previous ICR. The change in the estimated growth rate from the previous ICR is due to the availability of new information as provided by the USCB.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the 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 at 5 CFR part 1320, section 1320.5.

3( f) Confidentiality 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).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions. 5 4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are asphalt processing and roofing manufacture facilities. The table below provides a list of the United States Standard Industrial Classification System ( SIC) codes and corresponding North American Industry Classification System ( NAICS) codes for the respondents.

Standard SIC Codes NAICS Codes 40 CFR part 60, subpart UU 2911  Petroleum Refining 324110  Petroleum Refineries 2951  Asphalt Paving Mixtures and Blocks 324121  Asphalt Paving Mixture and Block Manufacturing 2952  Asphalt Felts and Coatings 324122  Asphalt Shingle and Coating Materials Manufacturing 4( b) Information Requested ( i) Data Items All data in this ICR that are recorded and/ or reported are required by the NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR part 60, subpart UU).

A source must make the following reports:

Notification Reports Notification of construction/ reconstruction. 60.7( a)( 1)

Notification of actual startup. 60.7( a)( 3)

Notification of physical or operational change which may increase the emission rate. 60.7( a)( 4)

Notification of demonstration of continuous monitoring system. 60.7( a)( 5)

Notification of initial performance tests. 60.8( d) 6 Reports Report on initial performance test. 60.8( a)

A source must keep the following records:

Recordkeeping Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative. 60.7( b)

Records of operating parameters of the Continuous Monitoring Systems ( CMS) Operating temperature measurements of pollution control devices as appropriate, and the initial performance test results including temperature measurements. 60.7( d)

Continuously monitor and record the temperature of the gas at the inlet of the control device. 60.473( a)

Continuously monitor and record the temperature in the combustion zone of the afterburner. 60.472( b)( 1)

For control devices not mentioned in paragraphs ( a) and ( b) of this section, provide to the Administrator information describing the operation of the control device and the process parameter( s) which would indicate proper operation and maintenance of the device. 60.473( c)

Records are required to be retained for two ( 2) years. 60.7( f)

Electronic Reporting Currently, sources are using monitoring equipment that provides automated parameter data, e. g., continuous opacity monitoring. Although personnel at the affected facility must evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting 7 up electronic reporting systems to allow sources to report electronically. This reduces the reporting burden. However, electronic reporting systems are not widely used by the regulatory agencies. It is estimated that approximately 10 percent of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate temperature monitoring device.

Perform initial performance test, Reference Methods 5a, Method 9 ( opacity), Method 22 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.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information. 8 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 Air Facility System ( AFS).

5( b) Collection Methodology and Management Following notification of startup, 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. 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 the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA 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 A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown 9 in Table 1: Annual Respondent Burden and Cost, NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR Part 60, Subpart UU).

6. Estimating the Burden and Cost of the Collection Table 1 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 to be 30,419 hours [ Total Labor Hours from Table 1: Annual Respondent Burden and Cost, NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR Part 60, Subpart UU), attached]. These hours are based on Agency studies and background documents from the development of the regulation, 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 the following labor rates:

Managerial $ 95.32 ($ 45.39 + 110%) Technical $ 64.60 ($ 30.76 + 110%) Clerical $ 40.09 ($ 19.09 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activities in the subject standard( s) are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/ startup costs are one time costs when a 10 facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor( s) and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Capital/ Startu p Cost for One Respondent ( C) Number of Reconstructed Respondents ( D) Total Capital/ Startu p Cost ( B X C) ( E) Annual O& M Costs for One Respondent ( F) Number of Respondents with O& M ( G) Total O& M, ( E X F)

Temperatur e Monitors $ 100,000 2 $ 200,000 $ 35,000 167 $ 5,845,000 The total capital/ startup costs for this ICR are $ 200,000. This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 5,845,000. This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 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 are estimated to be $ 6,045,000. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars. The continuous monitoring costs that are included in this section consist only of those capital/ startup and O& M costs that a source incurs as a result of the standard. Some continuous monitoring costs may not be included in this section. For instance, if a particular industry typically utilizes a control device that must have a continuous monitor ( e. g., temperature, pressure drop, etc.) to function properly, and the recordation of additional measurements beyond the minimum are required by the standard, then there is no 11 capital/ startup or O& M cost, but there is a labor cost to record the additional readings. Such a cost would not appear in this section, but in the industry burden Section 6 ( d) below.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 3,848.

This cost is based on the average hourly labor rate as follows:

Managerial $ 54.66 ( GS 13, Step 5, $ 34.16 x 1.6) Technical $ 40.56 ( GS 12, Step 1, $ 25.35 x 1.6) Clerical $ 21.95 ( GS 6, Step 3, $ 13.72 x 1.6)

These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Annual Agency Burden and Cost, NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR Part 60, Subpart UU).

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 169 existing sources are currently subject to the standard. Over the next three years, we estimate that two ( 2) existing sources per year will undergo reconstruction such that they will become a new source subject to the standard. Based on historical data provided by the United States Census Bureau, we also estimate that nine ( 9) facilities currently subject to the regulation will cease operations per year over the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents1 Respondents That Submit Reports Respondents That Do Not Submit Any Reports 12 Number of Respondents1 Year ( A) Number of New Respondents ( B) Number of Existing Respondents ( C) Number of Existing Respondents That Keep Records but Do Not Submit Reports ( D) Number of Existing Respondents That Are Also New Respondents ( E) Number of Respondents ( E= A+ B+ C D)

1 0 2 178 2 178 2 0 2 169 2 169 3 0 2 160 2 160 Average 0 2 169 2 169 1We estimate that two ( 2) existing sources will undergo reconstruction such that they are new sources. We also estimate that the number of existing respondents will decrease by approximate nine ( 9) respondents per year of the next three years.

As shown above, the average Number of Respondents over the three year period of this ICR is 169. This number appears on the OMB 83 I form in block 13( a), Number of Respondents.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Notification and application of construction or modification. 2 1 N/ A 2 Notification of actual startup. 2 1 N/ A 2 Notification of physical or operational change which may increase the emission rate. 2 1 N/ A 2 Notification of demonstration of continuous monitoring system. 2 1 N/ A 2 Notification of initial performance tests. 2 1 N/ A 2 Report on initial performance test. 2 1 N/ A 2 13 Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Records of production rate and hours of operations 169 0 169 169 Records of operating parameters of CMS 169 0 169 169 Records of startup, shutdown, malfunction 169 0 169 169 Total 519 The number of Total Annual Responses is 519. This number is shown on the OMB 83 I form in block 13( b), Total Annual Responses.

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in the attached Tables 1 and 2, respectively, and are summarized on the following page.

( i) Respondent Tally The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 1,940,874. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost, NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR Part 60, Subpart UU), attached. Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 58.6 hours per response.

The total annual capital/ startup and O& M costs to the regulated entity are $ 6,045,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The cost calculations are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

( ii) The Agency Tally The average annual Agency burden and cost over next three years is estimated to be 97 labor hours at a cost of $ 3,848. See Table 2: Annual Agency Burden and Cost, NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR Part 60, Subpart UU), attached. 14 6( f) Reasons for Change in Burden The increase in burden from the most recently approved ICR is due to an adjustment in the number of existing affected sources from 83 to 178. The reason for the change in the number of existing sources is due to the availability of better data ( e. g., EPA's Enforcement and Compliance History Online ( ECHO) database and the U. S. Census Bureau's 2002 Economic Census Reports).

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 58.6 hours per response. 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; to 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; to adjust the existing ways to comply with any previously applicable instructions and requirements; to train personnel to be able to respond to a collection of information; search data sources; to complete and review the collection of information; and to 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 valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2004 0013, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the OECA Docket is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OECA 2004 0013 and OMB Control Number 2060 0002 in any correspondence.

Part B of the Supporting Statement 15 This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53529-53530]
[FR Doc No: 2018-23046]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2018-0091]

Notice of Agency Information Collection and Request for Comments

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: The U.S. Department of Transportation (DOT) invites public
comments about our intention to request the Office of Management and
Budget (OMB) approval to renew an information collection. Before a
Federal agency can collect certain information from the public, it must
receive approval from the Office of Management and Budget (OMB). Under
procedures established by the Paperwork Reduction Act of 1995, before
seeking OMB approval, Federal agencies must solicit public comment on
proposed collections of information, including extensions and
reinstatement of previously approved collections.

DATES: Written comments should be submitted by December 24, 2018.

ADDRESSES: You may submit comments identified by Docket No. DOT-NHTSA-
2018-0091 through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lisandra Garay-Vega, Office of Crash
Avoidance Standards (NRM-220),<PHONE_NUMBER>, National Highway Traffic
Safety Administration, W43-312, Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590, Please identify the relevant
collection of information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION:
    Title: 49 CFR part 574, Tire Identification and Recordkeeping.
    OMB Control Number: 2127-0050.
    Type of Request: Extension of a currently approved collection of
information.
    Abstract: 49 U.S.C. 30117(b) requires each tire manufacturer to
collect and maintain records of the first purchasers of new tires. To
carry out this mandate, 49 CFR part 574, Tire Identification and
Recordkeeping, requires tire dealers and distributors to record the
names and addresses of retail purchasers of new tires and the
identification numbers(s) of the tires sold. A specific form is
provided to tire dealers and distributors by tire manufacturers for
recording this information. The completed forms are returned to the
tire manufacturers where they are retained for not less than five
years. Part 574 requires independent tire dealers and distributors to
provide a registration form to consumers with the tire identification
number(s) already recorded and information identifying the dealer/
distributor. The consumer can then record his/her name and address and
return the form to the tire manufacturer via U.S. mail, or
alternatively, the consumer can provide this information electronically
on the tire manufacturer's website if the tire manufacturer provides
this capability. Additionally, motor vehicle manufacturers are required
to record the names and addresses of the first purchasers (for purposes
other than resale), together with the identification numbers of the
tires on the new vehicle, and retain this information for not less than
five years.
    The information is used by a tire manufacturer after it or the
agency determines that some of its tires either fail to comply with an
applicable safety standard or contain a safety related defect. With the
information, the tire manufacturer can notify the first purchaser of
the tire and provide them with any necessary information or
instructions to remedy the non-compliance situation or safety defect.
Without this information, efforts to identify the first purchaser of
tires that have been determined to be defective or nonconforming
pursuant to Sections 30118 and 30119 of Title 49 U.S.C. would be
impeded. Further, the ability of the purchasers to take appropriate
action in the interest of motor vehicle safety may be compromised. We
estimate that the collection of information affects 10 million
respondents annually. This group consists of approximately 20 tire
manufacturers, 59,000 new tire dealers and distributors, and 10 million
consumers who choose to register their tire purchases with tire
manufacturers. A response is required by motor vehicle manufacturers
upon each sale of a new vehicle and by non-independent tire dealers
with the sale of a new tire. A consumer may elect to respond when
purchasing a new tire from an independent tire dealer.
    Affected Public: New tire dealers, new tire distributors, and
consumers of new tires.
    Estimated Number of Respondents: 10 million.
    Frequency: once.
    Number of Responses: 54,000,000.
    Estimated Total Annual Burden Hours: 250,000.
    The total tire registration hours are estimated assuming 45 seconds
or 0.0125 hours per tire sale to record information and that each form
registers three tires, on average. (0.0125 x (54,000,000/3) = 225,000
hours).
    The estimated burden is as follows:
    New tire dealers and distributors: 59,000.
    Consumers: 10,000,000.
    Total tire registrations (manual): 54,000,000.
    Total tire registration hours (manual): 225,000.
    Recordkeeping hours (manual): 25,000.
    Total annual tire registration and recordkeeping hours: 250,000.
    Estimated Total Annual Burden Cost: $6,085,000.
    The monetized cost associated with the total burden hours, using a
labor rate of $24.34 per hour,\1\ is $6,085,000. ($24.34/hour x 250,000
hours = $6,085,000). It was previously calculated using a labor rate of
$20 per hour. ($20.00/hour x 250,000 hours = $5,000,000). Therefore,
the monetized cost associated with the total burden hours in this
renewal application is $1,085,000 more than the previous estimate.
($6,085,000-$5,000,000 = $1,085,000).
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    \1\ The median hourly rate among all occupations, May 2017,
according to the Bureau of Labor Statistics, see https://www.bls.gov/oes/current/oes_nat.htm#00-0000
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    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information. The agency
will summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35; and delegation of authority at 49 CFR 1.95 and 501.8.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2018-23046 Filed 10-22-18; 8:45 am]
BILLING CODE 4910-59-P


(2) The Covered Entity applies substituted compliance for Exchange
Act rules 15Fi-3, 15Fi-4, and 15Fi-5 pursuant to this Order;
    (Q) The requirements of Exchange Act rule 18a-6(e), provided that
the Covered Entity is subject to and complies with the requirements of
PRA Recordkeeping Rule 2.1; FCA SYSC 4.1.1R, 9.1.1AR, and 9.1.2R; and
UK MiFID Org Reg articles 21(2), 58, 72(1), and 72(3); and
    (R) The requirements of Exchange Act rule 18a-6(f), provided that
the Covered Entity is subject to and complies with the requirements of
PRA Outsourcing Rule 2.1; FCA SYSC 8.1.1R; and UK MiFID Org Reg
articles 31(1).
    (ii) Paragraph (f)(2)(i) is subject to the following further
conditions:
    (A) A Covered Entity may apply the substituted compliance
determination in paragraph (f)(2)(i)(K) to records related to Exchange
Act rule 15Fh-3(b),

(c), (e), (f), and (g) in respect of one or more security-based swaps
or activities related to security-based swaps; and
    (B) This Order does not extend to the requirements of Exchange Act
rule 18a-6(b)(1)(xi), (b)(1)(xiii), (b)(2)(v), (b)(2)(vi), or
(b)(2)(viii).
    (3) File Reports. The requirements of the following provisions of
Exchange Act rule 18a-7, provided that the Covered Entity complies with
the relevant conditions in this paragraph (f)(3):
    (i) The requirements of Exchange Act rule 18a-7(a)(1) or (a)(2), as
applicable, and the requirements of Exchange Act rule 18a-7(j) as
applied to the requirements of Exchange Act rule 18a-7(a)(1) or (a)(2),
as applicable, provided that:
    (A) The Covered Entity is subject to and complies with the
requirements of PRA Definition of Capital Rule 4.5; UK CRR articles 99,
394, 430, and Part Six: Title II and Title III; and UK CRR Reporting
ITS annexes I, II, III, IV, V, VIII, IX, X, XI, XII, and XIII, as
applicable;
    (B) The Covered Entity files periodic unaudited financial and
operational information with the Commission or its designee in the
manner and format required by Commission rule or order and presents the
financial information in the filing in accordance with generally
accepted accounting principles that the Covered Entity uses to prepare
general purpose publicly available or available to be issued financial
statements in the UK.;
    (C) With respect to the requirements of Exchange Act rule 18a-
7(a)(1), the Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules 18a-
1 through 18a-1d pursuant to this Order; and
    (D) With respect to the requirements of Exchange Act rule 18a-
7(a)(1), the Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-6(b)(1)(viii) pursuant to this
Order;
    (ii) The requirements of Exchange Act rule 18a-7(a)(3) and the
requirements of Exchange Act rule 18a-7(j) as applied to the
requirements of paragraph (a)(3) of Exchange Act rule 18a-7, provided
that:
    (A) The Covered Entity is subject to and complies with the
requirements of UK CRR articles 99, 394, 431, 433, 452, 454, and 455;
UK CRR Reporting ITS annexes I, II, VIII, and IX, as applicable; PRA
Definition of Capital Rule 4.5; and Companies Act sections 394, 415,
442, and 475; and
    (B) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules 18a-
1 through 18a-1d pursuant to this Order;
    (iii) The requirements of Exchange Act rule 18a-7(b), provided
that:
    (A) the Covered Entity is subject to and complies with the
requirements of UK CRR articles 431 through 455; and Companies Act
sections 394, 415, 442, and 475; and
    (B) the Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-6(b)(1)(viii) pursuant to this
Order;
    (iv) The requirements of Exchange Act rule 18a-7(c), (d), (e), (f),
(g), and (h) and the requirements of Exchange Act rule 18a-7(j) as
applied to the requirements of paragraphs (c), (d), (e), (f), (g), and
(h) of Exchange Act rule 18a-7, provided that:
    (A) The Covered Entity is subject to and complies with the
requirements of FCA CASS 6.2.2R, 6.6.2R, 6.6.3R, 6.6.33G, 6.6.34R,
7.12.2R, 7.15.2R, 7.15.3R, 7.15.20R, and 7.15.21R; FCA SUP 3.8.5R,
3.10.4R through 3.10.7R; UK CRR articles 26(2), 132(5), 154, 191, 321,
325bi, 350, 353, 368, 418; Companies Act section 475; and the Capital
Requirements (Country-by-Country Reporting) Regulations 2013 Regulation
2(4);
    (B) With respect to financial statements the Covered Entity is
required to file annually with the UK PRA or FCA, including a report of
an independent public accountant covering the financial statements, the
Covered Entity:
    (1) Simultaneously sends a copy of such annual financial statements
and the report of the independent public accountant covering the annual
financial statements to the Commission in the manner specified on the
Commission's website;
    (2) Includes with the transmission the contact information of an
individual who can provide further information about the financial
statements and report;
    (3) Includes with the transmission the report of an independent
public accountant required by Exchange Act rule 18a-7(c)(1)(i)(C)
covering the annual financial statements if UK laws do not require the
Covered Entity to engage an independent public accountant to prepare a
report covering the annual financial statements; provided, however,
that such report of the independent public accountant may be prepared
in accordance with generally accepted auditing standards in UK that the
independent public accountant uses to perform audit and attestation
services and the accountant complies with UK independence requirements;
    (4) Includes with the transmission the reports required by Exchange
Act rules 18a-7(c)(1)(i)(B) and (C) addressing the statements
identified in Exchange Act rule 18a-7(c)(3) or (c)(4), as applicable,
that relate to Exchange Act rule 18a-4; provided, however, that the
report of the independent public accountant required by Exchange Act
rule 18a-7(c)(1)(i)(C) may be prepared in accordance with generally
accepted auditing standards in the UK that the independent public
accountant uses to perform audit and attestation services and the
accountant complies with UK independence requirements;
    (5) Includes with the transmission the supporting schedules and
reconciliations, as applicable, required by Exchange Act rules 18a-
7(c)(2)(ii) and (iii), respectively, relating to Exchange Act rule 18a-
2; and
    (6) Includes with the transmission the supporting schedules and
reconciliations, as applicable, required by Exchange Act rules 18a-
7(c)(2)(ii) and (iii), respectively, relating to Exchange Act rules
18a-4 and 18a-4a;
    (C) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules 18a-
1 through 18a-1d pursuant to this Order; and
    (D) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 18a-6(b)(1)(viii) pursuant to this
Order.
    (v) The requirements of Exchange Act rule 18a-7(i), provided that:
    (A) The Covered Entity is subject to and complies with the
requirements of FCA SUP 16.3.17R and PRA Regulatory Reporting Rule 18;
and
    (B) The Covered Entity:
    (1) Simultaneously sends a copy of any notice required to be sent
by UK law cited in paragraph (f)(3)(v)(A) of the Order to the
Commission in the manner specified on the Commission's website; and
    (2) Includes with the transmission the contact information of an
individual who can provide further information about the matter that is
the subject of the notice.
    (4)(i) Provide Notification. The requirements of the following
provisions of Exchange Act rule 18a-8, provided that the Covered Entity
complies with the relevant conditions in this paragraph (f)(4)(i) and
with the applicable conditions in paragraph (f)(4)(ii):
    (A) The requirements of paragraphs (a)(1)(i), (a)(1)(ii), (b)(1),
(b)(2), and (b)(4) of Exchange Act rule 18a-8 and the requirements of
Exchange Act rule 18a-8(h) as applied to the requirements of

paragraphs (a)(1)(i), (a)(1)(ii), (b)(1), (b)(2), and (b)(4) of
Exchange Act rule 18a-8, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FCA PRIN 2.1.1R (Principle 11); PRA Fundamental Rule 7;
FCA SUP 15.3.1R, 15.3.11R, 15.3.15R, 15.3.17R, and 15.3.21R; PRA
Notifications Rules 2.1, 2.4, 2.5, 2.6, 2.8, and 2.9; FCA SYSC 18.6.1R;
PRA General Organisational Requirements 2A.2, 2A.1(2) and 2A.3 to 2A.6;
and CRR article 366(5); and
    (2) The Covered Entity applies substituted compliance with respect
to the requirements of Exchange Act section 15F(e) and Exchange Act
rules 18a-1 through 18a-1d pursuant to this Order;
    (B) The requirements of Exchange Act rule 18a-8(c) and the
requirements of Exchange Act rule 18a-8(h) as applied to Exchange Act
rule 18a-8(c), provided that the Covered Entity is subject to and
complies with the requirements of FCA PRIN 2.1.1R (Principle 11); PRA
Fundamental Rule 7; FCA SUP 15.3.1R, 15.3.11R, 15.3.15R, 15.3.17R, and
15.3.21R; FCA CASS 6.6.57R and 7.15.33R; PRA Notifications Rules 2.1,
2.4, 2.5, 2.6, 2.8, and 2.9; FCA SYSC 18.6.1R; and PRA General
Organisational Requirements 2A.2, 2A.1(2), and 2A.3 to 2A.6;
    (C) The requirements of Exchange Act rule 18a-8(d) and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(d), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FCA PRIN 2.1.1R (Principle 11); PRA Fundamental Rule 7;
FCA SUP 15.3.1R, 15.3.11R, 15.3.15R, 15.3.17R, and 15.3.21R; FCA CASS
6.6.57R and 7.15.33R; PRA Notifications Rules 2.1, 2.4, 2.5, 2.6, 2.8,
and 2.9; FCA SYSC 18.6.1R; and PRA General Organisational Requirements
2A.2, 2A.1(2), and 2A.3 through 2A.6; and
    (2) This Order does not extend to the requirements of Exchange Act
rule 18a-8(d) to give notice with respect to books and records required
by Exchange Act rule 18a-5 for which the Covered Entity does not apply
substituted compliance pursuant to this Order;
    (D) The requirements of Exchange Act rule 18a-8(e) and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(e), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FCA PRIN 2.1.1R (Principle 11); PRA Fundamental Rule 7;
FCA SUP 15.3.1R, 15.3.11R, 15.3.15R, 15.3.17R, and 15.3.21R; FCA CASS
6.6.57R and 7.15.33R; PRA Notifications Rules 2.1, 2.4, 2.5, 2.6, 2.8,
and 2.9; FCA SYSC 18.6.1R; and PRA General Organisational Requirements
2A.2, 2A.1(2), and 2A.3 through 2A.6;
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules 18a-
1 through 18a-1d pursuant to this Order;
    (3) This Order does not extend to the requirements of Exchange act
rule 18a-8(e) relating to Exchange Act rule 18a-2 or to the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements Exchange Act rule 18a-8(e) relating to Exchange Act rule
18a-2; and
    (4) This Order does not extend to the requirements of Exchange act
rule 18a-8(e) relating to Exchange Act rule 18a-4 or to the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(e) relating to Exchange Act
rule 18a-4;
    (ii) Paragraph (f)(4)(i) is subject to the following further
conditions:
    (A) The Covered Entity:
    (1) Simultaneously sends a copy of any notice required to be sent
by UK law cited in this paragraph of the Order to the Commission in the
manner specified on the Commission's website; and
    (2) Includes with the transmission the contact information of an
individual who can provide further information about the matter that is
the subject of the notice.
    (B) This Order does not extend to the requirements of paragraphs
(a)(2) and (b)(3) of Exchange Act rule 18a-8 relating to Exchange Act
rule 18a-2 or to the requirements of Exchange Act rule 18a-8(h) as
applied to the requirements of paragraphs (a)(2) and (b)(3) of Exchange
Act rule 18a-8 relating to Exchange Act rule 18a-2; and
    (C) This Order does not extend to the requirements of paragraph (g)
of Exchange Act rule 18a-8 or to the requirements of Exchange Act rule
18a-8(h) as applied to the requirements of paragraph (g) of Exchange
Act rule 18a-8.
    (5) Securities Counts. The requirements of Exchange Act rule 18a-9,
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FCA CASS 6.2.1R, 6.2.2R, 6.3.4A-1R, 6.3.6AR, 6.6.2R,
6.6.3R, 6.6.34R, 6.6.4R, 6.6.8R, 10.1.3R, 10.1.7R, and 10.1.9E; FCA SUP
3.10.4R through 3.10.7R; UK MiFID Org Reg articles 74 and 75; UK EMIR
article 11(1)(b); and UK EMIR RTS articles 12 and 13; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act section 15F(e) and Exchange Act rules 18a-
1 through 18a-1d pursuant to this Order.
    (6) Daily Trading Records. The requirements of Exchange Act section
15F(g), provided that the Covered Entity is subject to and complies
with the requirements of PRA Fundamental Rules 2 and 6; FCA PRIN
2.1.1.R(2) and (3); PRA Recordkeeping Rule 2.1; FCA SYSC 9.1.1AR; and
MiFID Org Reg article 21(1)(f), 21(4), and 72(1).
    (7) Examination and Production of Records. Notwithstanding the
forgoing provisions of paragraph (f) of this Order, this Order does not
extend to, and Covered Entities remain subject to, the requirement of
Exchange Act section 15F(f) to keep books and records open to
inspection by any representative of the Commission and the requirement
of Exchange Act rule 18a-6(g) to furnish promptly to a representative
of the Commission legible, true, complete, and current copies of those
records of the Covered Entity that are required to be preserved under
Exchange Act rule 18a-6, or any other records of the Covered Entity
that are subject to examination or required to be made or maintained
pursuant to Exchange Act section 15F that are requested by a
representative of the Commission.
    (8) English Translations. Notwithstanding the forgoing provisions
of paragraph (f) of this Order, to the extent documents are not
prepared in the English language, Covered Entities must promptly
furnish to a representative of the Commission upon request an English
translation of any record, report, or notification of the Covered
Entity that is required to be made, preserved, filed, or subject to
examination pursuant to Exchange Act section 15F of this Order.

(g) Definitions

    (1) ``Covered Entity'' means an entity that:
    (i) Is a security-based swap dealer or major security-based swap
participant registered with the Commission;
    (ii) Is not a ``U.S. person,'' as that term is defined in rule
3a71-3(a)(4) under the Exchange Act;
    (iii) Is a ``MiFID investment firm'' or ``third country investment
firm,'' as such terms are defined in the FCA Handbook Glossary, that
has permission from the FCA or PRA under Part 4A of FSMA to carry on
regulated activities relating to investment services and activities in
the United Kingdom; and
    (iv) Is supervised by the FCA under the fixed supervision model
and, if the firm is a PRA-authorized person, also supervised by the PRA
as a Category 1 firm.

    (2) ``Capital Requirements Regulations 2013'' means the UK Capital
Requirements Regulations 2013, as amended from time to time.
    (3) ``Companies Act'' means the UK Companies Act 2006, as amended
from time to time.
    (4) ``FCA'' means the UK's Financial Conduct Authority.
    (5) ``FCA BIPRU'' means the Prudential Sourcebook for Banks,
Building Societies and Investment Firms of the FCA Handbook, as amended
from time to time.
    (6) ``FCA CASS'' means the Client Asset Sourcebook of the FCA
Handbook, as amended from time to time.
    (7) ``FCA COBS'' means the Conduct of Business Sourcebook of the
FCA Handbook, as amended from time to time.
    (8) ``FCA COND'' means the Threshold Conditions of the FCA
Handbook, as amended from time to time.
    (9) ``FCA Enforcement Guide'' means the Enforcement Guide of the
FCA Handbook, as amended from time to time.
    (10) ``FCA FCG'' means the Financial Crime Guide of the FCA
Handbook, as amended from time to time.
    (11) ``FCA FIT'' means the Fit and Proper Test for Employees and
Senior Personnel Sourcebook of the FCA Handbook, as amended from time
to time.
    (12) ``FCA Handbook'' means the FCA's Handbook of rules and
guidance, as amended from time to time.
    (13) ``FCA Handbook Glossary'' means the Glossary part of the FCA's
Handbook of rules and guidance, as amended from time to time.
    (14) ``FCA IFPRU'' means the Prudential Sourcebook for Investment
Firms of the FCA Handbook, as amended from time to time.
    (15) ``FCA PRIN'' means the Principles for Businesses Sourcebook of
the FCA Handbook, as amended from time to time.
    (16) ``FCA PROD'' means the Product Intervention and Product
Governance Sourcebook of the FCA Handbook, as amended from time to
time.
    (17) ``FCA SUP'' means the Supervision Sourcebook of the FCA
Handbook, as amended from time to time.
    (18) ``FCA SYSC'' means the Senior Management Arrangements, Systems
and Controls Sourcebook of the FCA Handbook, as amended from time to
time.
    (19) ``FSMA'' means the UK's Financial Services and Markets Act
2000, as amended from time to time.
    (20) ``ICVC'' means investment company with variable capital as
defined in the FCA Handbook Glossary.
    (21) ``MLR 2017'' means the UK's Money Laundering, Terrorist
Financing and Transfer of Funds (Information on the Payer) Regulations
2017, as amended from time to time.
    (22) ``PRA'' means the UK's Prudential Regulation Authority.
    (23) ``PRA Capital Buffer Rules'' means the Capital Buffer Part of
the PRA Rulebook for CRR Firms, as amended from time to time.
    (24) ``PRA Certification Rules'' means the Certification Part of
the PRA Rulebook for CRR Firms, as amended from time to time.
    (25) ``PRA Definition of Capital Rules'' means the Definition of
Capital Part of the PRA Rulebook for CRR Firms, as amended from time to
time.
    (26) ``PRA Fitness and Proprietary Rules'' means the Fitness and
Propriety Part of the PRA Rulebook for CRR Firms, as amended from time
to time.
    (27) ``PRA Fundamental Rules'' means the Fundamental Rules Part of
the PRA Rulebook for CRR Firms, as amended from time to time.
    (28) ``PRA General Organisational Requirements'' means the General
Organisational Requirements Part of the PRA Rulebook for CRR Firms, as
amended from time to time.
    (29) ``PRA Internal Capital Adequacy Assessment Rules'' means the
Internal Capital Adequacy Assessment Part of the PRA Rulebook for CRR
Firms, as amended from time to time.
    (30) ``PRA Internal Liquidity Adequacy Assessment Rules'' means the
Internal Liquidity Adequacy Assessment Part of the PRA Rulebook for CRR
Firms, as amended from time to time.
    (31) ``PRA Liquidity Coverage Requirement--UK Designated Investment
Firms Rules'' means the PRA Liquidity Coverage Requirement--UK
Designated Investment Firms Part of the PRA Rulebook for CRR Firms, as
amended from time to time.
    (32) ``PRA Notifications Rules'' means the Notifications Part of
the PRA Rulebook for CRR Firms, as amended from time to time.
    (33) ``PRA Outsourcing Rules'' means the Outsourcing Part of the
PRA Rulebook for CRR Firms, as amended from time to time.
    (34) ``PRA Recordkeeping Rules'' means the Recordkeeping Part of
the PRA Rulebook for CRR Firms, as amended from time to time.
    (35) ``PRA Regulatory Reporting Rules'' means the Regulatory
Reporting Part of the PRA Rulebook for CRR Firms, as amended from time
to time.
    (36) ``PRA Remuneration Rules'' means the Remuneration Part of the
PRA Rulebook for CRR Firms, as amended from time to time.
    (37) ``PRA Risk Control Rules'' means the Risk Control Part of the
PRA Rulebook for CRR Firms, as amended from time to time.
    (38) ``PRA Rulebook'' or ``PRA Rulebook for CRR Firms'' means the
PRA's Rulebook for Capital Requirement Regulation Firms, as amended
from time to time.
    (39) ``PRA Rulebook Glossary'' means the Glossary part of the PRA
Rulebook for CRR Firms, as amended from time to time.
    (40) ``PRA Senior Management Functions Rules'' means the Senior
Management Functions Part of the PRA Rulebook for CRR Firms, as amended
from time to time.
    (41) ``Prudentially regulated'' means a Covered Entity that has a
``prudential regulator'' as that term is defined in Exchange Act
section 3(a)(74).
    (42) ``SMR'' means the Senior Managers Regime that forms part of
the Senior Managers and Certification Regime, as amended from time to
time.
    (43) ``UK'' means the United Kingdom.
    (44) ``UK CRR'' means the UK version of Regulation (EU) No 575/
2013, as amended from time to time.
    (45) ``UK CRR Reporting ITS'' means the UK version of Commission
Implementing Regulation (EU) 680/2014.
    (46) ``UK EMIR'' means the UK version of the ``European Market
Infrastructure Regulation,'' Regulation (EU) No 648/2012, as amended
from time to time.
    (47) ``UK EMIR Margin RTS'' means the UK version of Commission
Delegated Regulation (EU) 2016/2251, as amended from time to time.
    (48) ``UK EMIR RTS'' means UK version of Commission Delegated
Regulation (EU) No 149/2013, as amended from time to time.
    (49) ``UK MAR'' means the UK version of Market Abuse Regulation
(EU) 596/2014, as amended from time to time.
    (50) ``UK MAR Investment Recommendations Regulation'' means the UK
version of Commission Delegated Regulation (EU) 2016/958, as amended
from time to time.
    (51) ``UK MiFID Org Reg'' means the UK version of Commission
Delegated Regulation (EU) 2017/565, as amended from time to time.
    (52) ``UK MiFIR'' means the UK version of the ``Markets in
Financial Instruments Regulation,'' Regulation (EU) 600/2014, as
amended from time to time.

    (53) ``UK Regulated Activities Order'' means the Financial Services
and Markets Act 2000 (Regulated Activities) Order (SI 2001/544), as
amended from time to time.

    By the Commission.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-16657 Filed 8-5-21; 8:45 am]
 BILLING CODE 8011-01-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     REGION IX AIR AND RADIATION DIVISION

                          Technical Support Document
                                      for
                              EPA's Rulemaking
                                   for the
                     California State Implementation Plan

            Mojave Desert Air Quality Management District Rule 401
                               Visible Emissions

                              Christine Vineyard

                                 December 2022

RULE IDENTIFICATION -
Agency
Mojave Desert Air Quality Management District (MDAQMD)

SIP Approved Rule
San Bernardino County portion of MDAQMD
Rule 401  -  Visible Emissions
Adopted  -  May 07, 1976
Submitted  -  June 6, 1977
EPA Approved  -  September 8, 1978 (43 FR 40011)

Riverside County (Blythe/Palo Verde Valley) portion of the MDAQMD
Rule 401  -  Visible Emissions
Adopted  -  March 2, 1984
Submitted  -  July 10, 1984
EPA Approved  -  January 29, 1985 (50 FR 3906)

Subject of this TSD
Rule 401  -  Visible Emissions
Amended  -  August 26, 2019
Submitted  -  January 08, 2021

Completeness Finding
Complete by operation of law: July 08, 2021

BACKGROUND - Mojave Desert Air Quality Management District (MDAQMD or "District") Rule 401, Visible Emissions, was originally adopted on May 7, 1976. On February 1, 1977, California Air Resources Board Executive Order G-73 adopted a rulebook, which included Rule 401, for non-South Coast Air Basin (SCAB) areas of Los Angeles, Riverside and San Bernardino Counties. On July 25, 1977, the San Bernardino County Air Pollution Control District (SBCAPCD) adopted Rule 401 into its rulebook. In 1993, the SBCAPCD became the MDAQMD. Rule 401 currently addresses a single visible emission limitation. This is inconsistent with the current provisions contained in the California Health and Safety Code ("H&S Code") and current District practices. The MDAQMD proposes to amend Rule 401 to conform to the requirements in H&S Code §§41701.5, 41701.6, and 41704. General opacity regulations as readopted in 1977 have not been modified, as they are more stringent than the H&S Code. To conform with the California H&S Code, the MDAQMD is adding equipment specific emissions limits exemptions, definitions, and test methods. All applicable provisions in the California H&S Code are currently enforced by the MDAQMD; therefore, no changes in emissions or controls are anticipated.

The Environmental Protection Agency (EPA) designated the San Bernardino County portion of the MDAQMD nonattainment for the federal particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) standard in two separate actions, the first in 1990 (for the Searles Valley), the second in 1994 (for the remainder of the MDAQMD in San Bernardino County). The EPA designated MDAQMD unclassifiable/attainment for the federal particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5) standards.

RULE SUMMARY  -  Rule 401 provides limits for visible emissions from all sources of air pollution emissions in the district. Rule 401 was amended to be consistent with the applicable California H&S Code provisions already enforced.

Changes from the approved state implementation plan (SIP) rule include:
1.	Section (A) was added to outline the purpose, applicability, and severability of Rule 401.

2.	Section (B) was added to comprise definitions such as "opacity," "visible emissions," "observer," etc. for clarity of the rule.

3.	Section (C) was added to outline the general visible emission limitations. Although California H&S Code §41701 allows up to No. 2 on the Ringelmann Chart (40% opacity), Rule 401 limits emissions opacity to No. 1 on the Ringelmann Chart (20% opacity), as adopted in previous iterations of this rule and as approved into the SIP.

3.  	Section (C) outlines equipment-specific visible emissions limitations for abrasive blasting, drinking water systems, gas turbines, and diesel pile-driving hammers, as they relate to equipment subject to 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63.

5.	Section (D) outlines specific exemptions for:
 Open burning that is in compliance with District Rule 444.
 Distributing agricultural aids via aircraft.
 Agricultural operations necessary for the growing of crops or raising of fowl or animals.
 The use of visible emissions generating equipment in training sessions conducted by governmental agencies necessary for certifying persons to evaluate visible emissions for compliance with applicable District rules and regulations.
 Emissions from vessels using steam boilers during emergency boiler shutdowns for safety reasons.
 Fugitive dust emissions from rock crushing facilities in existence prior to January 1, 1970, at a location where the population density is less than 10 persons per square mile within a seven-mile radius of the facilities.
 Emissions during a breakdown condition, as long as the discharge is reported in accordance with District requirements.
 Emissions from teepee burners during the disposal of forestry and agricultural residues or forestry and agricultural residues with supplementary fossil fuels when the emissions result from the startup or shutdown of the combustion process or from the malfunction of emission control equipment. This exemption does not apply to emissions exceeding a period of time aggregating more than 30 minutes in any 24-hour period, nor to emissions resulting from the failure to operate and maintain control equipment in good working order.
 Burners used to produce energy and fired by forestry and agricultural residues with supplementary fossil fuels when the emissions result from the startup or shutdown of the combustion process or from the malfunction of emission control equipment.
 Methanol fuel manufacturing plants that manufacture not more than 2,000,000 gallons of methanol fuel per day from wood, agricultural waste, natural gas, or coke (exclusive of petroleum coke). This exemption shall be available to only one manufacturing plant in the District and is effective only when the District is designated as an "attainment area" pursuant to the federal CAA. This exemption shall remain in effect until 5 years after construction of the plant and have no force and effect with respect to the plant on and after that date.
 The use of an obscurant for the purposes of training military personnel and the testing of military equipment by the United States Department of Defense on any military reservation.
 Fugitive dust emissions generated for the purposes of training military personnel and the testing of military equipment by the United States Department of Defense on any military reservation, within the boundaries of said military reservation.
 The use of an orchard, field crop, or citrus grove heater that does not produce unconsumed solid carbonaceous material at a rate greater than that allowed by State law, which is 1 gram per minute of unconsumed solid carbonaceous material.
 6. 	Section (E) outlines federal test methods for compliance verification:
 EPA Method 9  -  Visual Determination of the Opacity of Emissions from Stationary Sources.
 EPA Method 22  -  Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares.

EVALUATION CRITERIA  -  The following criteria were used to evaluate the submitted rule:
 Enforceability  -  CAA section 110(a)(2)(A) requires SIPs to "include enforceable emissions limitations and other control measures, means, or techniques . . . as may be necessary or appropriate to meet the applicable requirements of [the CAA]." In addition, CAA section 172(c)(6) requires that nonattainment area SIPs "include enforceable emission limitations, and such other control measures, means or techniques . . . as well as schedules and timetables for compliance, as may be necessary or appropriate to provide for the attainment of such standard in such area by the applicable attainment date . . . ."  The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.

 Stringency  -  Rules applicable in PM10 Moderate nonattainment areas must require Reasonably Available Control Measures (RACM) (see CAA §189). CAA §172(c) requires that RACM for nonattainment areas include "such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology . . . ." (RACT). Together, these two provisions require that areas of Moderate nonattainment for the PM10 NAAQS include RACM and RACT for existing sources of PM10 emissions.

 SIP Relaxation - CAA §110(l) prohibits the EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area, unless the modification ensures equivalent or greater emissions reductions of the relevant pollutant(s).

       EPA EVALUATION - A summary of our evaluation of the three criteria follows:

    Enforceability  -  To help ensure enforceability, most MDAQMD Rule 401 provisions are sufficiently clear to ensure that affected sources and regulators can consistently evaluate and determine compliance with the rule. However, Rule 401 also contains a number of provisions that are potentially problematic to enforce. The key issues involve exemptions in Section (D), as described in "Rule Deficiencies."

    Stringency  -  The submitted rule is more stringent than the SIP. The proposed revision added equipment-specific visible emissions limitations, applicability, and test methods. We prepared a comparative analysis of visible emissions rules in local air districts regulating nonattainment PM areas in Attachment 1. Maricopa County, the San Joaquin Valley Air Pollution Control District, and the South Coast Air Quality Management District are in nonattainment for either PM2.5 or PM10. Like MDAQMD Rule 401, their rules each have an opacity limit of 20% not to exceed a period of three minutes in a 60-minute period and require the use of test method(s) promulgated in the Code of Federal Regulations for compliance verifications. MDAQMD Rule 401 additionally includes definitions and source-specific opacity limits. Based on the comparative analysis, we generally conclude that the submitted rule establishes RACM and RACT because the rule adopts limitations and applicability similar to or more stringent than other nonattainment areas. There are several exemptions in the Rule that may reduce the rule's stringency with respect to RACT that we are disapproving.

    SIP Relaxation  -  We propose to determine that our approval of the submittal would comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with any CAA requirements, including requirements for RFP and attainment of the NAAQS, and (2) the requirements in the submitted rule are more stringent than the existing SIP-approved control emission limit that they would replace.

RULE DEFICIENCIES  -  The following deficiencies in Section (D) Exemptions preclude full approval of the rule into the SIP:
 (D)(1)(b) exempts from Rule 401 visible emissions resulting from equipment breakdowns that comply with requirements in District Rule 430. District Rule 430 is not in the EPA-approved SIP Rule 430 because it contains exemptions inconsistent with long-standing national policy on requiring good engineering practices to prevent excess emissions at all times, including during startup, shutdown, and malfunction. Section 302(k) of the Clean Air Act requires continuous limitations on sources, even during breakdown events in Rule 401.
  (D)(1)(d) exempts from Rule 401 agricultural operations necessary for the growing of crops or raising of fowl or animals. This is an overly broad agricultural exemption. The MDAQMD should remove the broad exemption for agricultural operations or justify why it is appropriate to treat sources at agricultural operations differently than identical sources at non-agricultural operations.
 (D)(1)(f) exempts from Rule 401 emissions from vessels using steam boilers during emergency shutdowns for safety reasons and operational tests. The MDAQMD has not defined "vessels," so it is unclear as to what sources this rule applies. Discussions with the District revealed that "vessels" likely refers to maritime vessels. The District believes there are no maritime vessels in the District that use steam boilers. If this provision does not apply to any sources in the District, the MDAQMD may remove it from Rule 401. Alternatively, the District should revise the provision to require good engineering practices be used to the fullest extent possible during startup and shutdown to minimize emissions.
 (D)(1)(h) exempts from Rule 401 emissions from vessels during a breakdown condition, as long as the discharge is reported in accordance with District requirements. The District requirements should be listed. As is, this exemption is inconsistent with long-standing national policy on requiring good engineering practices to prevent excess emissions at all times, including during startup, shutdown, and malfunction. Section 302(k) of the Clean Air Act requires continuous limitations on sources, even during breakdown events. The District should revise the provision to require good engineering practices be used to the fullest extent possible during breakdowns to minimize emissions. Additionally, the word "vessels" is undefined and it is unclear to what vessels this rule applies. The MDAQMD should define "vessels" to clarify what is regulated.
 (D)(1)(i) exempts from Rule 401 smoke emissions tepee burners during the disposal of forestry and agricultural residues or forestry and agricultural residues with supplementary fossil fuels when the emissions result from the startup or shutdown of the combustion process or from the malfunction of emission control equipment. The exemption does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24-hour period, nor to emissions which result from the failure to operate and maintain in good working order any emission control equipment. If this provision does not apply to any sources in the District, the MDAQMD may remove it from Rule 401. Alternatively, the District should revise the provision to require good engineering practices be used to the fullest extent possible during startup, shutdown, and malfunction to minimize emissions.
 (D)(1)(j) exempts from Rule 401 smoke emissions from burners used to produce energy and fired by forestry and agricultural residues with supplementary fossil fuels when the emissions result from the startup or shutdown of the combustion process or from the malfunction of emission control equipment. This exemption does not apply to emissions which exceed a period or periods of time aggregating more than 30 minutes in any 24-hour period, nor to emissions which result from the failure to operate and maintain in good working order any emission control equipment. The District should revise the provision to require good engineering practices be used to the fullest extent possible during startup and shutdown to minimize emissions.

EPA ACTION - The submitted Rule 401 strengthens the SIP by adding enforceable control requirements and test methods to determine compliance. The rule largely fulfills the relevant CAA §110 and part D requirements, but the deficiencies discussed above preclude full SIP approval. Therefore, EPA staff recommends a simultaneous limited approval and limited disapproval of Rule 401 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES
    "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
    "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
    MDAQMD Rule 401, as amended August 26, 2019, and submitted to the EPA on January 8, 2021.
    San Joaquin Valley Air Pollution Control District Rule 4101, as amended February 17, 2005, and approved into the SIP August 11, 2005 (70 FR 46770).
    Maricopa County Air Pollution Control District Rule 300, Visible Emissions, as revised March 12, 2008, and approved into the SIP on July 28, 2010 (75 FR 44141).
    South Coast Air Quality Management District Rule 401, Visible Emissions, as adopted on March 2, 1984, and approved into the SIP on January 29, 1985 (50 FR 3906).


[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33695-33696]
[FR Doc No: 2014-13754]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0418]

Drawbridge Operation Regulation; Trent River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule of the US 70/Alfred C. Cunningham Bridge across the
Trent River mile 0.0, at New Bern, NC. The deviation is necessary to
facilitate the annual Bike Multiple Sclerosis (MS): Historic New Bern
Ride. This deviation allows the bridge to remain in the closed position
so that cyclists can safely exit Union Point Park and enter the bike
route.

DATES: This deviation is effective from 8 a.m. to 9:30 a.m. on
September 6, 2014 and again from 8 a.m. to 9:30 a.m. on September 7,
2014.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2014-0418 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-0418 in the
``Search'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mrs. Kashanda L. Booker, Bridge Management Specialist,
Fifth District;

Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
If you have questions on viewing the docket, Cheryl Collins, Program
Manager, Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Event Director for the Bike MS: Historic
New Bern Ride along with approval from the North Carolina Department of
Transportation, owner of the drawbridge, has requested a temporary
deviation from the current operating schedule to accommodate the MS
Bike Ride.
    The US 70/Alfred C. Cunningham Bridge across the Trent River, mile
0.0, a double-leaf bascule drawbridge, in New Bern, NC, has a vertical
clearance in the closed position of 14 feet, above mean high water.
Under the normal operating schedule, the US 70/Alfred C. Cunningham
Bridge would open on signal during this timeframe. However, under this
temporary deviation, the drawbridge will be allowed to remain in the
closed-to-navigation position from 8 a.m. to 9:30 a.m. on Saturday,
September 6, 2014; and from 8 a.m. to 9:30 a.m. on Sunday, September 7,
2014 to accommodate the Bike MS: Historic New Bern Bike Ride.
    Vessels that can pass under the bridge without a bridge opening may
do so at all times. There are no alternate routes for vessels and the
bridge will be able to open in the event of an emergency. The Coast
Guard will inform the users of the waterway through our Local and
Broadcast Notices to Mariners of the closure periods so that vessels
can plan their transits to minimize any impact caused by the temporary
deviation. At all other times during the affected period, the bridge
will operate as outlined at 33 CFR 117.843(a).
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: June 2, 2014.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2014-13754 Filed 6-11-14; 8:45 am]
BILLING CODE 9110-04-P