[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10416-10420]
[FR Doc No: 2010-4833]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0850; FRL-9123-7]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to Chapter 116 Which Relate to the Application Review
Schedule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking a direct final action to approve revisions to
the applicable State Implementation Plan (SIP) for the State of Texas
which relate to the Application Schedule regulations submitted to EPA
on September 25, 2003 and January 24, 2008. The portions of the SIP
revision approved today would revise and recodify existing SIP
provisions addressing requirements related to the voiding of an
application for a permit or permit amendment and implement the
requirements of House Bill (HB) 3732, 80th Legislature (2007), and the
Texas Health and Safety Code, section 382.0566, concerning specific
deadlines for review and issuance of air permits for Advanced Clean
Energy Projects (ACEP). EPA finds that these changes to the Texas SIP
comply with the Federal Clean Air Act (the Act or CAA) and EPA
regulations, are consistent with EPA policies, and will improve air
quality. This action is being taken under section 110 and parts C and D
of the Act.

DATES: This direct final rule is effective on May 7, 2010 without
further notice, unless EPA receives relevant adverse comment by April
7, 2010. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0850 by one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov: Follow
the on-line instructions for submitting comments.
    (2) E-mail: Mr. Jeff Robinson at<EMAIL_ADDRESS>Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
    (3) U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
    (4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number<PHONE_NUMBER>.
    (5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
    (6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0850. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: 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 Permits
Section (6PD-R), 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 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 cents 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 submittals, which are part of the EPA docket, are also
available for public inspection at the State Air Agency 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 direct final action, please contact Ms. Melanie Magee, Air
Permits Section (6PD-R), Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733; telephone (214)
665-7161; fax number<PHONE_NUMBER>; e-mail 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. The State's Submittal
    A. Which Rules Did the State Submit?
    B. What Action Is EPA Taking?
II. EPA's Evaluation
    A. What Did Texas Submit on September 25, 2003?
    B. What Is EPA's Evaluation of the September 25, 2003 SIP
Revision?
    C. What Did Texas Submit on January 24, 2008?
    D. What Is EPA's Evaluation of the January 24, 2008 SIP
Revision?
III. Final Action
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. Which Rules Did the State Submit?

    On September 25, 2003 and January 24, 2008, the Texas Commission on
Environmental Quality (TCEQ) submitted proposed revisions to the Texas
State Implementation Plan (SIP) concerning the Application Review
Schedule, 30 TAC Chapter 116, Subchapter B, Division 1, Section
116.114. The TCEQ adopted these revisions on August 20, 2003 and
December 19, 2007, to address requirements related to the voiding of a
permit or permit amendment and Advanced Clean Energy Projects (ACEP),
respectively. The September 25, 2003 SIP submittal affects sections
116.12, 116.114, 116.115, 116.120, 116.143, 116.150, 116.170, 116.172,
116.313, 116.315, and 116.715. With this action, EPA is taking a direct
final action to approve the section 116.114 revisions. Sections
116.115, 116.120 and 116.315 are currently under review and EPA will
act on these revisions separately. The remaining sections have been
addressed by EPA in prior separate actions.1,2 The January
24, 2008 SIP submittal affects section 116.114 and with this review,
EPA is taking a direct final action to approve those changes. Tables 1
and 2 below summarize the changes that were submitted. A summary of
EPA's evaluation of each section and the basis for this direct final
rule is discussed in section II of this preamble. The Technical Support
Document (TSD) includes a detailed evaluation of the referenced SIP
submittals.
---------------------------------------------------------------------------

    \1\ On March 20, 2009 (74 FR 11851) EPA approved 30 TAC 116.12,
116.143, 116.150, 116.170, 116.172, and 116.313.
    \2\ On September 23, 2009 (74 FR 48480) EPA proposed to
disapprove 30 TAC 116.715.

                     Table 1--Summary of Each SIP Submittal That Is Affected by This Action
----------------------------------------------------------------------------------------------------------------
                                      Date
    Title of SIP  submittal       submitted to    Date of state      Regulations           Proposed action
                                       EPA          adoption          affected
----------------------------------------------------------------------------------------------------------------
Application Review Schedule....         9/25/03         8/20/03  Revision to 30 TAC  Approval.
                                                                  116.114.
Advanced Clean Energy Project           1/24/08        12/19/07  Revision to 30 TAC  Approval.
 Permitting (HB 3732).                                            116.114.
----------------------------------------------------------------------------------------------------------------

                                           Table 2--Summary of Each Regulation That Is Affected by This Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Date        Date adopted
               Section                           Title              submitted     by the state        Proposed action                 Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Chapter 116--Control of Air Pollution by Permits for New Construction of Modification
                                                         Subchapter B--New Source Review Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Division 1--Permit Application
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 TAC 116.114.......................  Application Review               9/25/03         8/20/03  Approval................  Revised paragraph (b)(2).
                                        Schedule.                       1/24/08        12/19/07  Approval................  Revised to address
                                                                                requirements related to
                                                                                Advanced Clean Energy
                                                                                Projects (ACEP).
                                                                                Redesignated existing
                                                                                paragraph (a)(3) to (a)(4)
                                                                                and added new paragraph
                                                                                (a)(3).
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. What Action Is EPA Taking?

    We have evaluated the SIP submissions for consistency with the CAA,
NSR regulations for major and minor sources in 40 CFR Part 51, and the
approved Texas SIP. We have also reviewed the rules for enforceability
and legal sufficiency. In this review, we have identified that on
September 18, 2002, EPA approved revisions to Title 30 of the Texas
Administrative Code (30 TAC), Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification, Section 114--Application
Review Schedule into the Texas SIP. Since EPA's approval, Texas has
submitted three SIP revisions to section 116.114 on October 25, 1999,
September 25, 2003 and January 24, 2008. The September 25, 2003 and
January 24, 2008 rule revisions have

been determined to be severable from the October 25, 1999 revisions.
The October 25, 1999 revision to section 116.114 contains references to
the rules adopted by the State for 30 TAC Chapter 39, Public Notice. A
Limited Approval and Limited Disapproval (LALD) was proposed on
November 26, 2008 (73 FR 72001) for the section 116.114 revisions
submitted to EPA on October 25, 1999. Therefore, this action will not
include the section 116.114 revisions submitted on October 25, 1999,
which will be addressed separately.
    A technical analysis of the September 25, 2003 and January 24, 2008
proposed rule revisions have found that these revisions are consistent
with the CAA, 40 CFR Part 51 and EPA policies. Therefore, EPA is taking
a direct final action to approve the revised section 116.114 rules
submitted on September 25, 2003 and January 24, 2008.
    We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 7, 2010
without further notice unless we receive relevant adverse comment by
April 7, 2010. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

II. EPA's Evaluation

A. What Did Texas Submit on September 25, 2003?

    Texas submitted a revision to 30 TAC 116.114 requiring that an
application for a permit or permit amendment be voided in the event
deficient information supplied with the application is not corrected.
If an applicant fails to make a good faith effort to provide the
required information after two written notifications of the deficiency,
the Executive Director shall void the application and notify the
applicant. To further pursue the project following a voiding of the
application, the applicant shall submit an entirely new application on
a new form. The new application shall be subject to the state and
federal rules and regulations in place at the time of submittal. If a
new application is submitted within six months of the voidance of the
original application, the application shall be exempt from the fee
requirements under 30 TAC 116.140, Applicability. However, the
applicant must go through a new technical review and republish the
public notice.
    The revised paragraph 116.114 (b)(2) adds language to state that
the Executive Director shall notify a permit applicant of voidances and
deficiencies in voided applications. The paragraph also states that the
submitted application shall meet the requirements of 30 TAC 116.111,
General Application. See section 116.114(b)(2).

B. What Is EPA's Evaluation of the September 25, 2003 SIP Revision?

    This SIP revision changing the provisions contained in section
116.114 provides for the voiding of a deficient application for a
permit or permit amendment. Texas revised this section as described
below:
     Voiding of deficient application. Under the existing
provisions in 30 TAC 116.114(b)(2), the applicant is notified of the
voidance of the application. The revision contained in this SIP
submittal specifies that the Executive Director will also notify the
applicant of the remaining deficiencies in the voided application. Also
included with this SIP revision is the requirement for meeting section
116.111, General Application.
    Prior to the proposed final action for the 30 TAC 116.111
revisions, EPA approved 30 TAC 116.111, General Application, into the
existing SIP on September 18, 2002 (67 FR 58697). The references
contained in the 30 TAC 116.114 revisions were deemed to be consistent
with the existing SIP approved provisions for 30 TAC 116.111.
    The CAA and federal regulations do not specify a procedure for the
voidance of a permit or permit application. However, the Federal
Regulations do provide in 40 CFR 51.163 that the SIP must include
administrative procedures to be applied in making determinations
specified in 40 CFR 51.160. Therefore, a State should establish an
administrative procedure for the voidance of permits or permit
applications that do not meet the requirements of the Act and the
applicable regulations. By adopting the voidance rule revisions, TCEQ
has improved the SIP provision for the voidance of permit applications
that do not meet the requirements contained in the SIP, including the
state approved provisions of section 116.111, General Application.

C. What Did Texas Submit on January 24, 2008?

    In this SIP submittal, TCEQ amended 30 TAC 116.114 in 30 TAC
Chapter 116 to implement the requirements of House Bill 3732, 80th
Legislature (2007), and Texas Health and Safety Code, section 382.0566,
concerning specific deadlines for review and issuance of air quality
permits for ACEPs. The amendment revises section 116.114 by adding a
new paragraph (a)(3) and redesignating the existing paragraph (a)(3) to
paragraph (a)(4).
    The new paragraph (a)(3) establishes a review schedule for
processing permits for ACEP. For any ACEP, the Executive Director of
the TCEQ must complete the technical review of the permit application
no later than nine months after declaring the permit application to be
administratively complete. See section 116.114(a)(3)(A). Not later than
nine months after declaring the permit application to be technically
complete, the TCEQ shall issue an order to either issue or deny the
permit. The TCEQ may extend this deadline up three months if it
determines that the number of complex pending applications for permits
under Chapter 116 will prevent the TCEQ from meeting the nine-month
deadline without creating an extraordinary burden on the resources of
the TCEQ. See section 116.114(a)(3)(B).

D. What Is EPA's Evaluation of the January 24, 2008 SIP Revision?

    This SIP revision revises section 116.114 to establish a timeline
for processing ACEP permits. Texas revised this section as described
below:
     Determination of administrative completeness. Under the
existing provisions in section 116.114(a)(1), the TCEQ must determine
whether any permit application, including ACEP applications, are
administratively complete within 90 days of receipt of the application.
Paragraph (a)(1) continues to provide the procedures for notification
for any permit application, whether it is administratively complete or
whether it is deficient. Paragraph (a)(2) continues to provide the
procedures for making a preliminary decision to approve or disapprove
an application. These provisions were not changed in this SIP revision.
     Determination of technical completeness. The new section

116.114(a)(3)(A) provides that the Executive Director of the TCEQ shall
complete the technical review of the permit application for an ACEP not
later than nine months after declaring the permit application to be
administratively complete.
     Issuance or denial of an ACEP permit. The new section
116.114(a)(3)(B) provides that the Executive Director of the TCEQ shall
issue a final order either to issue or to deny a permit for an ACEP not
later than nine months after declaring the permit application to be
technically complete. This paragraph provides that this deadline may be
extended up to three additional months whenever the Commission
determines that the number of complex pending applications for permits
under Chapter 116 will prevent the TCEQ from meeting the nine month
deadline without creating an extraordinary burden on the resources of
TCEQ. With regards to processing applications for new and modified
sources, the Federal regulations provide in 40 CFR 51.163 that the plan
must include the administrative procedures, which will be followed in
making the determination specified in paragraph (a) of section 51.160.
Accordingly, a State may establish a timeline for processing a permit
that the State determines is necessary to process a permit application
and make a final permit decision that meets the requirements of the Act
and the applicable regulations. In adopting the timeline for processing
ACEPs, Texas has set forth a schedule that will enable TCEQ to make
declarations whether the ACEP application is administratively complete,
technically complete, and to perform its evaluation of the permit
application to determine whether it meets the requirements in the SIP,
including the approved provisions of section 116.111, General
Application, and to make its determination whether to issue or deny the
permit. Thus this revised rule continues to ensure that new and
modified sources will be authorized based upon the State's finding that
the construction or modification of new and modified ACEP sources will
not: (1) Violate applicable portions of the control strategy; or (2)
interfere with attainment or maintenance of a national standard in the
State in which the proposed source (or modification) is located or in a
neighboring State; which satisfies the requirements of 40 CFR 51.160(a)
and (b). These rules also satisfy the requirements under section 110(l)
of the Act which provides that a plan revision must not interfere with
any applicable requirement concerning attainment and reasonable further
progress or any other requirement of the act. The application review
schedule provisions under review in this action will not interfere with
attainment or reasonable further progress or any other applicable
requirement of the Act.

III. Final Action

    EPA is taking direct final action to approve revisions of the SIP
Texas submitted on September 25, 2003 and January 24, 2008. We have
determined that the revised rules clarify and strengthen the existing
SIP.
    EPA is not taking action on the revisions to sections 116.12,
116.114, 116.115, 116.120, 116.143, 116.150, 116.170, 116.172, 116.313,
116.315, and 116.715 included in the September 25, 2003 SIP submittal.
Sections 116.115, 116.120 and 116.315 are currently under review and
EPA will act on these revisions separately. The remaining sections have
been addressed by EPA in prior separate actions.

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. 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 May 7, 2010. 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: February 24, 2010.
Al Armendariz,
Regional Administrator, Region 6.

0
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 by revising the entry for Section 116.114
under Chapter 116--Control of Air Pollution by Permits for New
Construction or Modification, Subchapter B--New Source Review Permits,
Division 1--Permit Application, to read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

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

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Chapter 116--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.114............  Application             12/19/07  03/08/10 [Insert  Subsections (a), (a)(1),
                              Review Schedule.                  FR page number    (a)(2), (b), and (b)(1) in the
                                                                where document    SIP are as adopted 6/17/98 and
                                                                begins].          approved by EPA 9/18/02, 67 FR
                                                                                58697.
                                                                                Subsection (b)(2) and
                                                                                subsections (a)(3) and (a)(4)
                                                                                are as adopted 8/20/03 and 12/
                                                                                19/07, respectively, and
                                                                                approved by EPA on 03/08/10
                                                                                [Insert FR page number where
                                                                                document begins].

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

[FR Doc. 2010-4833 Filed 3-5-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 15, 2008 (Volume 73, Number 95)]
[Notices]
[Page 28112-28113]
[DOCID:fr15my08-44]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0393; FRL-8566-7]

Agency Information Collection Activities: Proposed Collection;
Comment Request; National Volatile Organic Compound Emission Standards
for Architectural Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
request to renew an existing approved Information Collection Request
(ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on July 31, 2008. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before July 14, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0393 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: National VOC Standards for Consumer Products--
Information Collection Request Renewal, Environmental Protection
Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0393. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Mr. Bruce Moore, U.S. EPA, Office of
Air Quality Planning and Standards, Division (C504-03), U.S.
Environmental Protection Agency, Sector Policies and Programs Division,
Natural Resources and Commerce Group (E143-03), Research Triangle Park,
North Carolina 27711; telephone number:<PHONE_NUMBER>; fax number:
(919) 541-3470; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
number EPA-HQ-OAR-2008-0393, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air Docket in
the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. 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<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-OAR-2008-0393.
    Affected entities: Entities potentially affected by this action are
those which manufacture, distribute, or import architectural and
industrial maintenance coatings for sale or distribution in the United
States, including the District of Columbia and all United States
territories.
    Title: National Volatile Organic Compound Emission Standards for
Architectural Coatings.
    ICR numbers: EPA ICR No. 1750.04, OMB Control No. 2060-0393.
    ICR status: This ICR is currently scheduled to expire July 31,
2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, 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 in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The information collection includes initial reports and
periodic recordkeeping necessary for EPA to ensure compliance with
Federal standards for volatile organic compounds in architectural
coatings. Respondents are manufacturers, distributors, and importers of
architectural coatings. Responses to the collection are mandatory under
40 CFR part 59, Subpart D--National Volatile Organic Compound Emission
Standards for Architectural Coatings. All information submitted to the
EPA for which a claim of confidentiality is made will be safeguarded
according to the Agency policies set forth in 40 CFR part 2, Subpart
B--Confidentiality of Business Information.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 46
hours per respondent. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated Total Number of Potential Respondents: 500.
    Frequency of Response: On occasion.
    Estimated Total Average Number of Responses for Each Respondent: 1.
    Estimated Total Annual Burden Hours: 22,761 hours.
    Estimated Total Annual Costs: $1,599,707. This includes an
estimated burden cost of $1,599,707 and an estimated zero cost for
capital investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is no change in hours or annual costs in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 5, 2008.
Jennifer E. N. Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. E8-10898 Filed 5-14-08; 8:45 am]

BILLING CODE 6560-50-P


S-Abscisic Acid, (S-ABA)

(VBC-30054)

Plant Growth Regulator

Technical Grade Active Ingredient

S-Abscisic Acid (99%)

Active Ingredient

S-Abscisic Acid
......................................................……………...
...............................    99.3% w/w

Other
Ingredients....................................................………
……...................................      0.7% w/w

Total...................................................................
.....……………..................................   100.0% w/w

KEEP OUT OF REACH OF CHILDREN

CAUTION

EPA Registration No.  73049-xx

EPA Establishment No.

Permittee:

Valent BioSciences Corporation

870 Technology Way

Libertyville, IL 60048

1-847-968-4700

Net Weight:

FIRST AID

If in eyes	Hold eye open and rinse slowly and gently with water for
15-20 minutes.

Remove contact lenses, if present, after the first 5 minutes, then
continue rinsing eye.

Call a poison control center or doctor for treatment advice.

HOT LINE NUMBER

Have the product container or label with you when calling a poison
control center or doctor, or going for treatment.   You may also call
toll-free 1-800-892-0099 (24 hours) for emergency medical treatment
and/or transport emergency information.  For all other information, call
1-847-968-4700.

PRECAUTIONARY STATEMENTS

HAZARDS TO HUMANS & DOMESTIC ANIMALS

CAUTION: Causes moderate eye irritation.  Avoid contact with eyes or
clothing. Wash thoroughly with soap and water after handling and before
eating, drinking, chewing gum, using tobacco or using the toilet.

User Safety Recommendations

Users should:

Wash hands before eating, drinking, chewing gum, using tobacco or using
the toilet

Remove clothing/PPE immediately if pesticide gets inside.  Then wash
thoroughly and put on clean clothing.

Remove PPE immediately after handling this product.  As soon as
possible, wash thoroughly and change into clean clothing.

ENVIRONMENTAL HAZARDS

Do not apply directly to water, or to areas where surface water is
present or to intertidal areas below the mean high water mark.  Do not
contaminate water when disposing of equipment wash-water or rinsate.

DIRECTIONS FOR USE

It is a violation of Federal law to use this product in a manner
inconsistent with its label. For any requirements specific to your State
or Tribe, consult the State or Tribal agency responsible for pesticide
regulation.

STORAGE AND DISPOSAL

Do not contaminate water, food or feed by storage or disposal.

Pesticide Storage

Keep container tightly closed when not in use. Store product in a cool
and dry place.  Avoid extended storage conditions at temperatures above
25°C (77°F).  Avoid exposure of product to light or sunlight.

Pesticide Disposal

Wastes resulting from the use of this product may be disposed of on site
or at an approved waste disposal facility.

Container Disposal

Completely empty liner by shaking and tapping sides and bottom to loosen
clinging particles.  Empty residue into manufacturing equipment.  Then
dispose of linear in a sanitary landfill or by incineration if allowed
by State and Local authorities.  If drum is contaminated and cannot be
reused, dispose on in the same manner.

Triple rinse as follows:  Empty the remaining contents into application
equipment or a mix tank and drain for 10 seconds after flow begins to
drip.  Fill container ¼ full with water and recap.  Shake for 10
seconds.  Pour rinsate into application equipment or a mix tank or store
rinsate for later use or disposal.  Drain for 10 seconds after the flow
begins to drip.  Repeat this procedure two more times.  Then offer for
recycling if available or puncture and dispose of in a sanitary
landfill, or by incineration.  Do not burn, unless allowed by state and
local ordinances.

Warranty and Disclaimer Statement:

To the fullest extent permitted by law, seller makes no warranty,
express or implied, of merchantability, fitness or otherwise concerning
use of this product other than as indicated on the label.  User assumes
all risks of use, storage or handling not in strict accordance with
accompanying directions.

Valent BioSciences Corp.    ©2008

   Page   PAGE  1  of   NUMPAGES  3 		S-Abscisic acid, (S-ABA)

		  Technical Grade Active Ingredient  -  Use Label


[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Notices]
[Page 32609]
[DOCID:fr09jn08-82]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an International Roundtable on
Interactive Data for Public Financial Reporting Open Meeting on
Tuesday, June 10, 2008, from 9:30 a.m. to 12 p.m.
    The Roundtable will take place in the Auditorium of the
Commission's headquarters at 100 F Street, NE., Washington, DC. The
Roundtable will be open to the public with seating on a first-come,
first-served basis. Doors will open at 8:30 a.m. Visitors will be
subject to security checks.
    Proposed topics to be discussed at the Roundtable include the
experience in countries that have already adopted interactive data; the
views of countries currently considering adopting interactive data; and
the perspectives from analysts and users of financial information about
how best to take advantage of the capabilities of interactive data.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: June 4, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-12926 Filed 6-6-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Page 43984]
[FR Doc No: 2018-18637]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0751]

Drawbridge Operation Regulation; Sloop Channel, Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Meadowbrook State Parkway Bridge
across Sloop Channel, mile 12.8, at Hempstead, NY. The deviation is
necessary to complete structural, mechanical, and electrical
rehabilitations on the bridge. This temporary deviation allows the
bridge to remain in the closed-to-navigation position for two short
periods, and allows the bridge to open only one bascule span at a time
over various periods to facilitate bridge repairs.

DATES: This deviation is effective from 7 a.m. on September 28, 2018 to
7 a.m. on December 13, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0751 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Stephanie E. Lopez, Bridge
Management Specialist, First District Bridge Branch, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The owner of the bridge, the New York State
Department of Transportation, requested a temporary deviation to
facilitate the various structural, mechanical, and electrical
rehabilitations. The spanlock platforms and machinery for both the
Northbound and Southbound Bridge will be replaced in their entirety.
Trunnion tower and rack gear supports repairs will be performed, and
the bridge instrumentation will be replaced. The Meadowbrook State
Parkway Bridge across the Sloop Channel, mile 12.8, has a vertical
clearance in the closed position of 22 feet at mean high water and 25
feet at mean low water. The existing bridge operating regulations are
found at 33 CFR 117.799(h).
    This temporary deviation allows the Meadowbrook State Parkway
Bridge to open only one bascule span at a time between 7 a.m. and 3
p.m., providing a minimum of 43 feet of available horizontal clearance,
on the following days: September 28, 2018; October 1-5, 2018; November
26-30, 2018; and December 3, 2018.
    Additionally, the Meadowbrook State Parkway Bridge shall remain in
the closed position from 7 a.m. on October 15, 2018 through 7 a.m. on
October 17, 2018 and from 7 a.m. on December 11, 2018 to 7 a.m.
December 13, 2018.
    The waterway is transited by commercial and recreational traffic.
The Coast Guard notified known waterway users and there were no
objections to this temporary deviation. Vessels able to pass under the
bridge in the closed position may do so at any time. The bridge will
not be able to open for emergencies and there is no immediate alternate
route for vessels to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 23, 2018.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-18637 Filed 8-28-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Proposed Rules]
[Pages 74616-74618]
[FR Doc No: 2020-25541]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2020-0232]

Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security United States Coast Guard-061 Maritime Analytic
Support System (MASS) System of Records

AGENCY: Department of Homeland Security, United States Coast Guard.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Department of Homeland Security is giving concurrent
notice of a modified and reissued system of records pursuant to the
Privacy Act of 1974 for the ``Department of Homeland Security/United
States Coast Guard-061 Maritime Analytic Support System (MASS) System
of Records'' and this proposed rulemaking. In this proposed rulemaking,
the Department and the United States Coast Guard propose to exempt
portions of the system of records from one or more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements.

DATES: Comments must be received on or before December 23, 2020.

ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0232, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Constantina Kozanas, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
    Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Kathleen Claffie,<PHONE_NUMBER>, Chief, Office of Privacy Management
(CG-6P), United States Coast Guard, 2703 Martin Luther King, Jr. Ave.
SE, Stop 7710, Washington, DC 20593-7710. For privacy issues, please
contact: Constantina Kozanas,<PHONE_NUMBER>, Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

 I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Coast Guard (USCG) proposes
to modify and reissue a current DHS system of records titled, ``DHS/
USCG-061 Maritime Awareness Global Network (MAGNet) System of
Records.'' The modified system of records is to be reissued and renamed
as ``DHS/USCG Maritime Analytic Support System (MASS) System of
Records.''
    The Coast Guard's enterprise modernization to the MAGNet framework
prompted the need to modify and reissue the SORN. The updated framework
enables the U.S. Coast Guard to: (1) Improve the system's security
protocols by enhancing system access authentication processes; (2)
Enhance data management services by hosting MASS in a cloud
environment, allowing USCG to apply new technologies to better tag data
for retention, access, and use purposes; (3) Refresh user interfaces
making MASS more user friendly and intuitive to access and use; (4)
Ingest new data sources on an as-needed basis in the future more
easily; (5) Update routine uses for MASS by either adding or removing
previous routine uses, as explained in the revised system of records
notice reissued concurrently with this proposed rule.
    These updates better accommodate the accomplishment of the eleven
U.S. Coast Guard statutory missions. Those missions require the
collection of a wide range of information, including personally
identifiable information (PII). The collection and use of PII is
required to effectively conduct the responsibilities associated with
these mission areas and promote Maritime Domain Awareness (MDA).
    MASS collects information from numerous data sources in order for
the Coast Guard to successfully execute its eleven statutory missions.
MASS provides storage and access to maritime information and provides
basic search capabilities either by a person or by vessel. Person
searches may be retrieved by passport or merchant mariner license
number. Vessel searches may be retrieved by vessel name, hull
identification, or registration number. MASS enhances current
capabilities by adding data sources, media storage, access
capabilities, and infrastructure to provide rapid, near real-time data
to the USCG and other authorized organizations. MASS users leverage the
ability to share, correlate, and provide classified and unclassified
data across agency lines to provide MDA critical to homeland and
national security and safety.
    MASS receives data from several systems both within and outside of
DHS through electronic transfers of information. These electronic
transfers include the use of Secure File Transfer Protocol (SFTP),
system-to-system communications via specially written internet Protocol
socket-based data streaming, database-to-database replication of data,
electronic transfer of database transactional backup files, and
delivery of formatted data via electronic mail.
    Consistent with DHS's information sharing mission, information
stored in MASS may be shared with other DHS Components that have a need
to know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, DHS/USCG may share information with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice.
    DHS is issuing this Notice of Proposed Rulemaking to exempt this
system of records from certain provisions of the Privacy Act.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a
statutory framework governing the

means by which federal government agencies collect, maintain, use, and
disseminate individuals' records. The Privacy Act applies to
information that is maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from which information is retrieved by the name of the individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. In the Privacy Act, an individual is
defined to encompass U.S. citizens and lawful permanent residents.
Similarly, the Judicial Redress Act (JRA) provides a statutory right to
covered persons to make requests for access and amendment to covered
records, as defined by the JRA, along with judicial review for denials
of such requests. In addition, the JRA prohibits disclosures of covered
records, except as otherwise permitted by the Privacy Act.
    The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/USCG-061 Maritime Analytic Support System (MASS) System of
Records. Some information in DHS/USCG-061 Maritime Analytic Support
System (MASS) System of Records relates to official DHS national
security, law enforcement, and intelligence activities. These
exemptions are needed to protect information relating to DHS activities
from disclosure to subjects or others related to these activities.
Specifically, the exemptions are required to preclude subjects of these
activities from frustrating these processes; to avoid disclosure of
activity techniques; to protect the identities and physical safety of
confidential informants and law enforcement personnel; to ensure DHS's
ability to obtain information from third parties and other sources; to
protect the privacy of third parties; and to safeguard classified
information. Disclosure of information to the subject of the inquiry
could also permit the subject to avoid detection or apprehension.
    In appropriate circumstances, when compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case-by-case basis.
    A notice of system of records for DHS/USCG-061 Maritime Analytic
Support System (MASS) System of Records is also publishing elsewhere in
this issue of the Federal Register.

List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

    For the reasons stated in the preamble, DHS proposes to amend
chapter I of title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for Part 5 continues to read as follows:

    Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301.

0
2. In Appendix C to Part 5, revise paragraph 8 to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act

* * * * *
    8. The Department of Homeland Security (DHS)/United States Coast
Guard (USCG)-061 Maritime Analytic Support System (MASS) System of
Records consists of electronic and paper records and will be used by
DHS and its components. The DHS/USCG-061 Maritime Analytic Support
System (MASS) System of Records is a repository of information held
by DHS in connection with its several and varied missions and
functions, including, but not limited to the enforcement of civil
and criminal laws; investigations, inquiries, and proceedings there
under; and national security and intelligence activities. The DHS/
USCG-061 Maritime Analytic Support System (MASS) System of Records
contains information that is collected by, on behalf of, in support
of, or in cooperation with DHS and its components and may contain
personally identifiable information collected by other federal,
state, local, tribal, foreign, or international government agencies.
    The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions
of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1) through
(3), (e)(4)(G) through (I), (e)(5) and (8); (f); and (g)(1).
Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(1) and (k)(2), has exempted this system from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G) through (I), and (f).
    Where a record received from another system has been exempted in
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that are claimed for the original
primary systems of records from which they originated and claims any
additional exemptions set forth here.
    Exemptions from these particular subsections are justified, on a
case-by-case basis to be determined at the time a request is made,
for the following reasons:
    (a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of that
investigation and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process. When an investigation
has been completed, information on disclosures made may continue to
be exempted if the fact that an investigation occurred remains
sensitive after completion.
    (b) From subsection (d) (Access and Amendment to Records)
because access to the records contained in this system of records
could inform the subject of an investigation of an actual or
potential criminal, civil, or regulatory violation to the existence
of that investigation and reveal investigative interest on the part
of DHS or another agency. Access to the records could permit the
individual who is the subject of a record to impede the
investigation, to tamper with witnesses or evidence, and to avoid
detection or apprehension. Amendment of the records could interfere
with ongoing investigations and law enforcement activities and would
impose an unreasonable administrative burden by requiring
investigations to be continually reinvestigated. In addition,
permitting access and amendment to such information could disclose
security-sensitive information that could be detrimental to homeland
security.
    (c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of federal law, the accuracy of information obtained or
introduced occasionally may be unclear, or the information may not
be strictly relevant or necessary to a specific investigation. In
the interests of effective law enforcement, it is appropriate to
retain all information that may aid in establishing patterns of
unlawful activity.
    (d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
    (f) From subsections (e)(4)(G) through (I) (Agency Requirements)
and (f) (Agency Rules), because portions of this system are exempt
from the individual access provisions of subsection (d) for the
reasons noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to

individuals with respect to existence of records pertaining to them
in the system of records or otherwise setting up procedures pursuant
to which individuals may access and view records pertaining to
themselves in the system would undermine investigative efforts and
reveal the identities of witnesses, and potential witnesses, and
confidential informants.
    (g) From subsection (e)(5) (Collection of Information) because
with the collection of information for law enforcement purposes, it
is impossible to determine in advance what information is accurate,
relevant, timely, and complete. Compliance with subsection (e)(5)
would preclude DHS agents from using their investigative training
and exercise of good judgment to both conduct and report on
investigations.
    (h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in disclosure of
investigative techniques, procedures, and evidence.
    (i) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
* * * * *

Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2020-25541 Filed 11-20-20; 8:45 am]
BILLING CODE 9110-04-P


P-19-0047 Sanitized Support Documents Index:
 P-19-0047 Sanitized Determination Document (linked)
 P-19-0047 Sanitized CHEM Report (attached)
 P-19-0047 Sanitized ECO Report (attached)
 P-19-0047 Sanitized ENG Report (attached)
 P-19-0047 Sanitized EXP Report (attached)
 P-19-0047 Sanitized Fate Report (attached)
 P-19-0047 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39618]
[DOCID:fr09jy10-122]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2001-10578; FMCSA-
2001-11426; FMCSA-2005-22727; FMCSA-2005-23099; FMCSA-2005-23238;
FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2007-0071; FMCSA-2008-0021]

Qualification of Drivers; Exemption Renewals; Vision

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 18 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on June 16, 2010 (75 FR 27622).

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 18 renewal applications, FMCSA renews the Federal
vision exemptions for Paul D. Crouch, John M. Doney, Curtis N.
Fulbright, Joshua G. Hansen, Daniel W. Henderson, Edward W. Hosier,
Craig T. Jorgensen, Jose A. Lopez, Earl E. Martin, Bobby L. Mashburn,
Brian E. Monaghan, William P. Murphy, Roy J. Oltman, Albert L.
Remsburg, III, Antonio A. Ribeiro, Justin T. Richman, Darwin J. Thomas
and Frankie A. Wilborn.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: July 6, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-16831 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-EX-P