[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Rules and Regulations]
[Pages 31728-31734]
[FR Doc No: 2012-13071]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2010-0630; FRL-9345-9]
RIN 2070-AJ71

Elemental Mercury Used in Barometers, Manometers, Hygrometers,
and Psychrometers; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating a significant new use rule (SNUR) under
the Toxic Substances Control Act (TSCA) for elemental mercury use in
barometers, manometers, hygrometers, and psychrometers. This action
will require persons who intend to manufacture (including import) or
process elemental mercury for an activity that is designated as a
significant new use by this final rule to notify EPA at least 90 days
before commencing that activity. The required notification will provide
EPA with the opportunity to evaluate the intended use and, if
necessary, to prohibit or limit that activity before it occurs.

DATES: This final rule is effective June 29, 2012.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2010-0630. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Sue
Slotnick, National Program Chemicals Division (7404T), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 566-1973; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture
(defined by statute to include import) or process elemental mercury
used in barometers, manometers, or hygrometers or psychrometers.
Potentially affected entities may include, but are not limited to:
     Manufacturers, of instruments and related products for
measuring, displaying, and controlling industrial process variables
(North American Industrial Classification System NAICS code 334513).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Persons
who import any chemical substance governed by a final SNUR are subject
to the TSCA section 13 (15 U.S.C. 2612) import certification
requirements and the corresponding regulations at 19 CFR 12.118 through
12.127; see also 19 CFR 127.28. Chemical importers must certify that
shipments of the chemical substance comply with all applicable rules
and orders under TSCA, including any SNURs. The EPA policy in support
of import certification appears at 40 CFR part 707, subpart B. In
addition, TSCA section 12(b) (15 U.S.C. 2611(b)) export notification
requirements are triggered by publication of a proposed SNUR.
Therefore, on or after June 6, 2011, any persons who export or intend
to export elemental mercury are subject to the export notification
provisions of TSCA section 12(b) (see Sec.  721.20) and must comply
with the export notification requirements in 40 CFR part 707, subpart
D. Note that as of January 1, 2013, the Mercury Export Ban Act of 2008
prohibits the export of elemental mercury from the United States (see
TSCA section 12(c) (15 U.S.C. 2611(c)).

II. Background

A. What action is the agency taking?

    EPA proposed a SNUR for elemental mercury used in barometers,
manometers, hygrometers, and pyrometers in the Federal Register of May
6, 2011 (Ref. 1). EPA's response to the public comment received on the
proposed rule appears in Unit III.C.
    This final SNUR will require persons to notify EPA at least 90 days
before commencing the manufacture, import, or processing of elemental
mercury for any of the following significant new uses: Use in
barometers, manometers, hygrometers, and psychrometers, except for use
in barometers, manometers, hygrometers, and psychrometers that were in
service prior to May 6, 2011, the publication date of the proposed rule
(Ref. 1). Also not included, because the activity is ongoing, is the
use of elemental mercury in portable battery-powered motor-aspirated
psychrometers that contain fewer than seven grams of elemental mercury.
Sphygmomanometers, a type of manometer, as well as other ``devices'' as
defined under section 201 of the Federal Food, Drug, and Cosmetics Act
(FFDCA), will not be affected by this final rule when manufactured,
imported, or processed for use as a device, per TSCA section
3(2)(B)(vi). Finally, manometers used in the natural

gas industry will not be affected by this final rule because they are
included in a previous SNUR (Ref. 2).

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.

In addition to these factors enumerated in TSCA section 5(a)(2), the
statute authorizes EPA to consider any other relevant factors.
    Once EPA determines that a use of a chemical substance is a
significant new use, TSCA section 5(a)(1)(B) requires persons to submit
a significant new use notice (SNUN) to EPA at least 90 days before they
manufacture, import, or process the chemical substance for that use (15
U.S.C. 2604(a)(1)(B)). As described in Unit II.C., the general SNUR
provisions are found at 40 CFR part 721, subpart A.

C. Applicability of General Provisions

    General provisions for SNURs appear under 40 CFR part 721, subpart
A. These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the final
rule. However, Sec.  721.45(f) does not apply to this SNUR. As a
result, persons subject to the provisions of this final rule are not
exempt from significant new use reporting if they import or process
elemental mercury as part of an article (see Sec.  721.5). Conversely,
the exemption from notification requirements for exported articles (see
40 CFR 707.60(b)) remains in force. Thus, persons who export elemental
mercury as part of an article are not required to provide export
notification.
    Provisions relating to user fees appear at 40 CFR part 700.
According to Sec.  721.1(c), persons subject to SNURs must comply with
the same notice requirements and EPA regulatory procedures as
submitters of Premanufacture Notices (PMNs) under TSCA section
5(a)(1)(A). In particular, these requirements include the information
submission requirements of TSCA section 5(b) and 5(d)(1), the
exemptions authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a
SNUN, EPA may take regulatory action under TSCA section 5(e), 5(f), 6,
or 7 to control the activities on which it has received the SNUN. If
EPA does not take action, EPA is required under TSCA section 5(g) to
explain in a Federal Register document its reasons for not taking
action.
    Persons who export or intend to export a chemical substance
identified in a proposed or final SNUR are subject to the export
notification provisions of TSCA section 12(b). The regulations that
interpret TSCA section 12(b) appear at 40 CFR part 707, subpart D.
Persons who import a chemical substance identified in a final SNUR are
subject to the TSCA section 13 import certification requirements,
codified at 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Such
persons must certify that the shipment of the chemical substance
complies with all applicable rules and orders under TSCA, including any
SNURs. The EPA policy in support of import certification appears at 40
CFR part 707, subpart B.

III. Summary of Final Rule

A. Overview of Mercury and Mercury Uses

    1. Mercury. This final rule applies to elemental mercury (CAS No.
7439-97-6). Mercury is a naturally occurring element. Because of its
unique properties (e.g., exists as a liquid at room temperature and
forms amalgams with many metals), elemental mercury has been used in
many industrial processes and consumer products. In addition to its
useful characteristics, mercury also is known to cause adverse health
effects in humans and wildlife. These effects can vary depending on the
form of mercury to which a person or animal is exposed, as well as the
magnitude, duration, and frequency of exposure. The most prevalent
human and wildlife exposure to mercury results from ingesting fish
contaminated with methylmercury. Methylmercury is an organo-metallic
compound that is formed via the conversion of elemental or inorganic
mercury compounds by certain microorganisms and other natural
processes. For example, elemental mercury may evaporate and be emitted
into the atmosphere. Atmospheric mercury can then be deposited directly
into water bodies or watersheds, where it can be washed into surface
waters via overland run-off. Once deposited in sediments, certain
microorganisms and other natural processes can convert elemental
mercury into methylmercury.
    Methylmercury bioaccumulates, which means that it is taken up and
concentrated in the tissues of aquatic, mammalian, avian, and other
wildlife. Methylmercury is a highly toxic substance; a number of
adverse health effects associated with exposure to it have been
identified in humans and in animal studies. Most extensive are the data
on neurotoxicity, particularly in developing organisms. Fetuses,
infants, and young children generally are more sensitive than adults to
the neurological effects of methylmercury.
    In 2004, EPA and the Food and Drug Administration (FDA) issued a
national consumption advisory concerning mercury in fish. The advisory
contains recommended limits on the amount of certain types of fish and
shellfish that pregnant women and young children can safely consume. By
2005, all 50 States had issued fish consumption advisories for fish
from certain water bodies known to be contaminated by methylmercury.
See http://www.epa.gov/mercury/advisories.htm.
    In addition to methylmercury, exposure to elemental mercury can
also pose health risks. Elemental mercury primarily causes health
effects when it is breathed as a vapor that can be absorbed through the
lungs. These exposures can occur when elemental mercury is spilled, or
products that contain elemental mercury break, resulting in releases of
mercury to the air, particularly in warm or poorly ventilated indoor
spaces.
    For a more detailed summary of background information (e.g.,
chemistry, environmental fate, exposure pathways, and health and
environmental effects), as well as references pertaining to elemental
mercury that EPA considered before promulgating this final rule, please
refer to EPA's proposed SNUR for mercury switches in motor vehicles
(Ref. 3), or see the docket for that proposed rule under docket ID
number EPA-HQ-OPPT-2005-0036. All documents in the docket are listed in
the docket's index, which is available at http://www.regulations.gov.
    2. Mercury uses. Elemental mercury has been used in thousands of
products and applications. Over the past 2 decades, there has been a
dramatic drop in elemental mercury use by industries in the United
States. In response to

increased concerns about exposure to anthropogenic sources of mercury
in the environment and also because of the availability of suitable
mercury-free products, Federal and State governments have made efforts
to limit the use of elemental mercury in certain products. Various
States have banned or restricted the manufacture or sale of products
containing mercury. While this is not the rationale for this final
rule, it does indicate that the transition to cost-effective non-
mercury alternatives is already established. See http://www.epa.gov/mercury/regs.htm#states.
    On October 5, 2007, EPA issued a final SNUR for elemental mercury
used in convenience light switches, anti-lock braking system switches,
and active ride control system switches in certain motor vehicles (Ref.
4). EPA promulgated another SNUR for flow meters, natural gas
manometers, and pyrometers on July 21, 2010 (Ref. 2). For more
information on EPA activities on mercury in products and other areas;
see http://www.epa.gov/hg.
    In the past, elemental mercury was used in the manufacture of
barometers, manometers, hygrometers, and psychrometers. The latest
information available to EPA indicates that the manufacture (including
import) of these mercury-containing articles has ceased (with the
exception of one psychrometer as described at Unit III.A.5.). EPA also
has found that all four products subject to this SNUR currently have
effective and economically feasible substitutes (Ref. 5).
    3. Barometers containing elemental mercury. Barometers are
instruments which measure atmospheric pressure. Mercury barometers were
manufactured as a long cylindrical tube, typically closed at one end,
with a mercury-filled reservoir at the base. The weight of mercury
created a vacuum at the top of the tube, and the mercury adjusted until
the pressure inside the reservoir equaled the atmospheric pressure.
Rising mercury indicated increasing air pressure while dropping mercury
indicated decreasing air pressure. Historically, mercury barometers
were used in applications where measuring and monitoring changes in air
pressure are important, such as weather stations, airports, and ships.
Additional uses include scientific demonstration in schools and non-
mercury device calibration. A mercury barometer contains between 400
and 620 grams of mercury (Ref. 5).
    Alternatives to mercury-containing barometers include aneroid,
electronic, and other liquid-based (water or eco-celli) barometers. At
least eight States have banned the sale of mercury-containing
barometers. Three additional States have general phase-outs of mercury-
added products. EPA found sufficient information to conclude that
mercury-containing barometers are no longer manufactured in or imported
into the United States (Ref. 5).
    4. Manometers containing elemental mercury. A manometer is an
instrument used to measure pressure of gases or liquids. Mercury-
containing manometers were manufactured for use in sectors such as
dairy farms; heating, ventilation, and air conditioning/plumbing (HVAC)
installation and repair; auto/motorcycle industry; laboratories; and in
general industrial uses. The amount of mercury used in a single
manometer ranged between approximately 30 grams and 525 grams (Ref. 5).
    Alternatives to mercury-containing manometers include hydrostatic
gauges using mercury-free liquid, aneroid manometers, needle-bourdon
gauges, and digital manometers. At least five States have banned the
sale of mercury-containing manometers, and four additional States have
banned the sale of mercury-containing dairy manometers. The general
phase-outs of mercury products in three States apply to manometers. EPA
found sufficient information to conclude that mercury-containing
manometers are no longer manufactured in or imported into the United
States (Ref. 5).
    5. Hygrometers and psychrometers containing elemental mercury.
Hygrometers are instruments used to measure relative humidity (i.e.,
the moisture content of the air). Psychrometers, which are the most
common type of hygrometer, use two mercury-added thermometers, one with
a wetted base, and one with a dry base. Hygrometers and psychrometers
function similarly; however, they are used in different applications.
Historically, mercury-containing hygrometers were used for cigar and
tobacco humidors, or in residential settings, while mercury-containing
psychrometers were used by atmospheric scientists and weather
enthusiasts. The amount of mercury in a single hygrometer or
psychrometer was between three and seven grams (Ref. 5).
    There are two types of alternatives to mercury-added hygrometers
that are readily available and widely used: Spirit-filled devices,
which use methyl alcohol or citrus oil thermometers and provide results
with comparable accuracy to mercury-added thermometers; and digital
devices, which use electronic sensors to measure humidity changes and,
when calibrated properly, provide results that are as accurate as
mercury devices (Ref. 5).
    Seven States have banned the sale and distribution of mercury-
containing hygrometers and psychrometers and the devices are subject to
the general phase-outs of mercury products in three States. EPA found
sufficient information to conclude that only one type of mercury-
containing psychrometer is manufactured in or imported into the United
States. That one type is a portable, battery-powered, motor-aspirated
psychrometer containing less than seven grams of elemental mercury
(Ref. 5).
    6. Potential exposure and release. The typical lifecycle of
barometers, manometers, hygrometers, and psychrometers includes several
stages: Manufacture, distribution in commerce, use, and waste
management (landfilling or recycling). At any point in the lifecycle,
there is potential for mercury to be released as liquid or vapor.
Workers and others can be exposed to the mercury and it can be released
into water, air, or onto land as the mercury is transported, stored,
and handled during manufacturing. While the barometers, manometers,
hygrometers, and psychrometers are in use, the mercury can vaporize or
spill due to breakage during transport, installation, maintenance,
refilling, or repair. Other opportunities for release can occur at the
end of the lifecycle of barometers, manometers, hygrometers, and
psychrometers as these devices are removed from equipment and
facilities, and handled during waste management.

B. This Action

    EPA is designating as significant new uses the use of elemental
mercury in barometers, manometers, hygrometers, and psychrometers.
However, use of elemental mercury in these articles that were in
service prior to May 6, 2011, will not be covered as a significant new
use under this SNUR. Also, use of mercury in portable, battery-powered,
motor-aspirated psychrometers that contain fewer than seven grams of
mercury is an ongoing use and therefore will not be covered by this
SNUR. Due to EPA's concern about use of mercury in products, the Agency
may take other action to facilitate the evaluation or control of
ongoing uses, as appropriate. For the portable, battery-powered, motor-
aspirated psychrometers that contain fewer than seven grams of mercury,
EPA may consider whether risk management or other actions will be
appropriate. Use of mercury in manometers used in the natural gas
industry will not be affected by this SNUR because they are included in
a

previous SNUR (Ref 2). Definitions of ``barometer,'' ``manometer,''
``hygrometer'' and ``psychrometer'' can be found at Sec.  721.10068 of
the regulatory text.
    This action will amend Sec.  721.10068 and require persons who
intend to manufacture or process elemental mercury for a use designated
by this final rule as a significant new use to notify EPA at least 90
days before commencing the manufacturing or processing of elemental
mercury for such significant new use. The required notification will
provide EPA with the opportunity to evaluate the intended use and, if
necessary, to prohibit or limit that activity before it occurs.
    For this SNUR, EPA is not including the general ``article''
exemption at Sec.  721.45(f). Thus, persons importing or processing
elemental mercury (including when part of an article) for a significant
new use will be subject to the notification requirements of Sec.
721.25. EPA is not including this exemption because barometers,
manometers, hygrometers, and psychrometers are articles, and a primary
concern associated with this SNUR is potential exposures associated
with the lifecycle of these uses. EPA notes that, in accordance with
TSCA section 12(a) and Sec.  721.45(g), persons who manufacture or
process elemental mercury solely for export will be exempt from the
notification requirements of Sec.  721.25, if when distributing the
substance in commerce, it is labeled in accordance with TSCA section
12(a)(1)(B). Further, EPA notes that the exemption from the TSCA
section 12(b) notification requirements for exported articles (see 40
CFR 707.60(b)) will remain in force. Thus, persons who export elemental
mercury as part of an article will not be required to provide export
notification.
    EPA believes elemental mercury is no longer used to manufacture
barometers, manometers, hygrometers, and psychrometers (with one
exception as discussed), but some of these articles may remain in
service in the United States. The ongoing use of such articles,
including some maintenance and servicing activities, falls outside of
the scope of this SNUR. Thus, the manufacturing and processing of
elemental mercury for use in these articles, provided that they were in
service prior to the May 6, 2011 proposed rule (Ref. 1), will not be
covered by the final rule. For example, if an article that was in
service prior to May 6, 2011, is removed from service for maintenance
or servicing, including the addition of new mercury, and then placed
back into service, any manufacturing or processing of mercury
associated with that maintenance or servicing is not covered by the
final rule. Otherwise, the addition of mercury to these existing
articles could potentially trigger a SNUN under this final rule (i.e.,
if it involved processing of the mercury), which is not EPA's intent.

C. Response to Public Comment

    EPA received one comment on the May 6, 2011 proposed rule (Ref. 1).
A copy of the comment is in the docket for this final rule. The comment
did not provide any data or make any assertions that manufacture,
import, processing, distribution, or use of elemental mercury in
barometers, manometers, or hygrometers, and pyrometers is ongoing. A
summary of the comment and EPA's response follow.
    The commenter suggested that the Federal Government take some form
of regulatory action to address the mercury products excluded from the
final rule. The products are portable, battery-powered, motor-aspirated
psychrometers that contain fewer than seven grams of elemental mercury.
The comment also expressed concern that issuance of the SNUR would
still allow for future production of mercury-containing barometers,
manometers, hygrometers, and psychrometers, which could lead to
``detrimental environmental impact and exposure.'' The comment
continues: ``If any resurgence in interest in the production of such
products occurs, the EPA should consider regulation under TSCA Section
6.'' EPA's response is that the psychrometers were excluded because the
use of mercury in such articles is an ongoing use and therefore not a
new use that can be subject to a SNUR. As stated in Unit III.B., the
Agency may take other action to facilitate the evaluation or control of
ongoing uses of mercury, and may consider risk management actions for
them, as appropriate. Second, the purpose of the SNUR is to provide an
opportunity for EPA to evaluate and control, where appropriate, use of
mercury in the four types of mercury products, if needed, before any of
those uses occurs. The SNUR provides this opportunity by requiring that
manufacturers and importers notify EPA 90 days before commencing use of
mercury in the products.

IV. Significant New Use Determination

A. Rationale

    As summarized in Unit III.A., EPA has concerns regarding the
environmental fate and the exposure pathways of elemental mercury that
lead to the presence of methylmercury in fish and the consumption of
mercury-contaminated fish by humans and wildlife. EPA is encouraged by
the general discontinuation of the use of elemental mercury in the
manufacturing of barometers, manometers, hygrometers, and
psychrometers. However, EPA is concerned that the manufacturing or
processing of elemental mercury for these significant new uses could be
reinitiated in the future. Accordingly, EPA wants the opportunity to
evaluate and control, where appropriate, activities associated with
those uses, if such manufacturing or processing were to occur again.
The required notification provided by a SNUN will provide EPA with the
opportunity to evaluate activities associated with a significant new
use and an opportunity to protect against unreasonable risks, if any,
from exposure to mercury.
    Consistent with EPA's past practice for issuing SNURs under TSCA
section 5(a)(2), EPA's decision to issue a SNUR for a particular
chemical use need not be based on an extensive evaluation of the
hazard, exposure, or potential risk associated with that use. Rather,
the Agency's action is based on EPA's determination that if the use
begins or resumes, it may present a risk that EPA should evaluate
before the manufacturing or processing for that use begins. Since the
new use does not currently exist, deferring a detailed consideration of
potential risks or hazards related to that use is an effective use of
resources. If a person decides to begin manufacturing or processing the
chemical for the use, the notice to EPA allows the Agency to evaluate
the use according to the specific parameters and circumstances
surrounding that intended use.

B. Objectives

    Based on the considerations in Unit IV.A., EPA has the following
objectives with regard to the significant new uses that are designated
in this final rule:
    1. EPA will receive notice of any person's intent to manufacture or
process elemental mercury for any of the described significant new uses
before that activity begins.
    2. EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing of elemental mercury for any of the described significant
new uses.
    3. EPA will be able to regulate prospective manufacturers or
processors of elemental mercury before the described significant new
uses of the chemical substance occur, provided that

regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.

C. Relevant Factors Considered for This SNUR

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors (see further detail at Unit
II.B.).
    EPA has determined that manufacturing or processing of elemental
mercury for use in barometers, manometers, or hygrometers or
psychrometers is a significant new use. This determination is based on
the following factor in TSCA section 5(a)(2): ``the extent to which a
use increases the magnitude and duration of exposure of human beings or
the environment to a chemical substance.'' Increased exposure to
mercury is significant because of the adverse health effects described
at Unit III.A.1. The latest information available to EPA indicates that
there is no ongoing use of elemental mercury in the manufacture or
remanufacture of barometers, manometers, hygrometers, and all but one
type of psychrometer. Resumption of these uses of elemental mercury
could increase the magnitude and duration of exposure to workers and
the surrounding environment at facilities of all types involved in the
lifecycle of the products, as described in greater detail in Unit
III.A.6. Increase in releases could contribute additional mercury to
the atmosphere for long-range transport. Resumption of these uses could
also result in exposures to workers who had not previously worked in
these facilities when elemental mercury was commonly used, as well as
exposures to workers who are not currently being exposed to mercury in
the manufacture of barometers, manometers, hygrometers, or
psychrometers. Increases in mercury releases could lead to increases in
mercury concentrations in the environment and reduction in overall
human health from consumption of mercury-contaminated fish.
    EPA believes that any of these renewed uses of elemental mercury
will increase the magnitude and duration of exposure to humans and the
environment over that which will otherwise exist. Thus, EPA has
determined that any manufacturing or processing of elemental mercury
for use in barometers, manometers, or hygrometers or psychrometers is a
significant new use, except for mercury use in barometers, manometers,
hygrometers, and psychrometers that were in service prior to May 6,
2011; and in portable, battery-powered, motor-aspirated psychrometers
that contain less than seven grams of elemental mercury.

V. Applicability of Rule to Uses Occurring Before Effective Date of the
Final Rule

    As discussed in the Federal Register of April 24, 1990 (55 FR
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is
best served by designating a use as a significant new use as of the
date of publication of the proposed rule rather than as of the
effective date of the final rule. If uses begun after publication of
the proposed rule were considered ongoing rather than new, it would be
difficult for EPA to establish SNUR notice requirements, because a
person could defeat the SNUR by initiating the proposed significant new
use before the rule became final, and then argue that the use was
ongoing as of the effective date of the final rule. Thus, persons who
began or begin commercial manufacture or processing of the elemental
mercury for a significant new use designated in this rule must cease
any such activity before the effective date of the final rule. To
resume their activities, these persons must comply with all applicable
SNUR notice requirements and wait until the notice review period,
including all extensions, expires. EPA has promulgated provisions to
allow persons to comply with this SNUR before the effective date. If a
person meets the conditions of advance compliance under Sec.
721.45(h), that person is considered to have met the requirements of
the final SNUR for those activities.

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require the development
of any particular test data before submission of a SNUN. There are two
exceptions:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (15 U.S.C.
2604(d); Sec.  721.25, and 40 CFR 720.50). However, as a general
matter, EPA recommends that SNUN submitters include data that would
permit a reasoned evaluation of risks posed by the chemical substance
during its manufacture, processing, use, distribution in commerce, or
disposal. EPA encourages persons to consult with the Agency before
submitting a SNUN. As part of this optional pre-notice consultation,
EPA would discuss specific data it believes may be useful in evaluating
a significant new use. SNUNs submitted for significant new uses without
any test data may increase the likelihood that EPA will take action
under TSCA section 5(e) to prohibit or limit activities associated with
this chemical.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs that provide detailed information on:
     Human exposure and environmental releases that may result
from the significant new uses of the chemical substance.
     Potential benefits of the chemical substance.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

VII. SNUN Submissions

    According to Sec.  721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in 40 CFR 720.50. SNUNs must be
on EPA Form No. 7710-25, generated using e-PMN software, and submitted
to the Agency in accordance with the procedures set forth in 40 CFR
720.40 and 721.25. The e-PMN software is available electronically at
http://www.epa.gov/opptintr/newchems.

VIII. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUR
reporting requirements for potential manufacturers and processors of
the chemical substance included in this final rule. EPA's economic
analysis (Ref. 5), which is briefly summarized here, is available in
the docket for this final rule.
    The use of elemental mercury for manufacturing the specified
mercury-containing products in the United States appears to have ceased
and EPA expects very few, if any, entities will submit a SNUN. As a
result, the economic impact of this final rule is anticipated to be
either zero or very low.
    In the event that a SNUN is submitted, costs are estimated at
approximately $8,300 per SNUN submission, and include the cost to

prepare and submit the SNUN, and the payment of a user fee. Businesses
that submit a SNUN are subject to either a $2,500 user fee required by
40 CFR 700.45(b)(2)(iii), or, if they are a small business with annual
sales of less than $40 million when combined with those of the parent
company (if any), a reduced user fee of $100 (40 CFR 700.45(b)(1)). In
its evaluation of this final rule, EPA also considered the potential
costs a company might incur by avoiding or delaying the significant new
use in the future, but these costs have not been quantified.

IX. References

    The following documents are specifically referenced in the preamble
for this final rule. In addition to these documents, other materials
may be available in the docket established for this final rule under
Docket ID number EPA-HQ-OPPT-2010-0630, which you can access through
http://www.regulations.gov. Those interested in the information
considered by EPA in developing this final rule should also consult
documents that are referenced in the documents that EPA has placed in
the docket, regardless of whether the other documents are physically
located in the docket.

1. EPA. Elemental Mercury Used in Barometers, Manometers,
Hygrometers/Psychrometers; Significant New Use Rule; Proposed Rule.
Federal Register (76 FR 26225, May 6, 2011) (FRL-8871-7).
2. EPA. Elemental Mercury Used in Flow Meters, Natural Gas
Manometers, and Pyrometers; Significant New Use Rule; Final Rule.
Federal Register (75 FR 42330, July 21, 2010) (FRL-8832-2).
3. EPA. Mercury Switches in Motor Vehicles; Proposed Significant New
Use Rule; Proposed Rule. Federal Register (71 FR 39035, July 11,
2006) (FRL-7733-9).
4. EPA. Mercury Switches in Motor Vehicles; Significant New Use
Rule; Final Rule. Federal Register (72 FR 56903, October 5, 2007)
(FRL-8110-5).
5. EPA. 2012. Economic Analysis of the Final Significant New Use
Rule for Mercury-Containing Barometers, Manometers, Hygrometers, and
Psychrometers. Washington, DC. OPPT/Economics, Exposure and
Technology Division (EETD)/Economic and Policy Analysis Branch
(EPAB). March 26, 2012.

X. Statutory and Executive Order Reviews

A. Regulatory Planning and Review

    Under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51783, October 4, 1993), this action is not a
``significant regulatory action,'' and was not reviewed by the Office
of Management and Budget (OMB) under Executive Orders 12866 and 13563,
entitled ``Improving Regulation and Regulatory Review'' (76 FR 3821,
January 21, 2011).

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under PRA, unless it has been approved by OMB and displays a
currently valid OMB control number. The OMB control numbers for certain
EPA regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument, or form, if applicable.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0038 (EPA ICR No. 1188). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average 97 hours per
response. This burden estimate includes the time needed to review
instructions; search existing data sources; gather and maintain the
data needed; and complete, review, and submit the required SNUN.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., the Agency hereby certifies that promulgation of
this SNUR will not have a significant economic impact on a substantial
number of small entities. The rationale supporting this conclusion is
as follows.
    Under RFA, small entities include small businesses, small
organizations, and small governmental jurisdictions. Small entity is
defined in accordance with section 601 of RFA as: A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; a small governmental jurisdiction is a government of a
city, county, town, school district or special district with a
population of less than 50,000; and a small organization is any not-
for-profit enterprise which is independently owned and operated and is
not dominant in its field. For purposes of assessing the impacts of
this rule on small entities, EPA has determined that this final rule is
not expected to impact any small not-for-profit organizations or small
governmental jurisdictions. As such, the Agency estimated potential
impacts are focused on small business.
    A SNUR applies to any person (including small or large entities)
who intends to manufacture, import, or process a chemical substance for
a use the EPA has designated as a ``significant new use.'' By
definition of the word ``new,'' and based on information currently
available to EPA, it appears that no small or large entities presently
engage in such activity. Since this SNUR will require a person who
intends to engage in such activity in the future to first notify EPA by
submitting a SNUN, no economic impact will occur unless someone files a
SNUN to pursue a significant new use in the future or forgoes profits
by avoiding or delaying the significant new use. Although some small
entities may decide to conduct such activities in the future, EPA
cannot presently determine how many, if any, there may be. However,
EPA's experience to date is that, in response to the promulgation of
SNURs covering over 1,000 chemical substances, the Agency receives only
a handful of notices per year. For example, the number of SNUNs was
four in Federal fiscal year (FY) 2005, eight in FY2006, six in FY2007,
eight in FY2008, and seven in FY2009. During this 5-year period, three
small entities submitted a SNUN. Therefore, EPA believes that the
potential economic impact of complying with a SNUR is not expected to
be significant or adversely impact a substantial number of small
entities. In a SNUR that published as a final rule in the Federal
Register of August 8, 1997 (62 FR 42690) (FRL-5735-4), the Agency
presented its general determination that proposed and final SNURs are
not expected to have a significant economic impact on a substantial
number of small entities, which was provided to the Chief Counsel for
Advocacy of the Small Business Administration.
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of SNUR rulemakings on small entities.
Businesses that submit a SNUN are subject to either a $2,500 user fee
required by 40 CFR 700.45(b)(2)(iii), or, if they are a small business
with annual sales of less than $40 million when combined with those of
the parent company (if any), a reduced user fee of $100 (40 CFR
700.45(b)(1)).

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reason to believe that any
State, local, or Tribal

government will be impacted by this rulemaking. As such, EPA has
determined that this regulatory action will not impose any enforceable
duty, contain any unfunded mandate, or otherwise have any effect on
these governments or small governments such that it is subject to the
requirements of sections 202, 203, 204, or 205 of the Unfunded Mandates
Reform Act (UMRA), 2 U.S.C. 1531-1538.

E. Federalism

    This action will not have federalism implications as specified in
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999) because it is not expected to have a substantial direct effect on
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.

F. Indian Tribal Governments

    This action will not have tribal implications as specified in
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). This
action is not expected to have substantial direct effects on Indian
Tribes, will not significantly or uniquely affect the communities of
Indian Tribal governments, and will not involve or impose any
requirements that affect Indian Tribes.

G. Protection of Children

    This action is not subject to Executive Order 13045, entitled
``Protection of Children From Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.

H. Effect on Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because this action is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.

I. Technical Standards

    Because this action will not involve any technical standards,
section 12(d) of the National Technology Transfer and Advancement Act
(NTTAA), 15 U.S.C. 272 note, does not apply to this action.

J. Environmental Justice

    This action will not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).

XI. Congressional Review Act

    Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., EPA
will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Barometers, Chemicals, Elemental mercury,
Hazardous substances, Hygrometers, Manometers, Psychrometers, Reporting
and recordkeeping requirements.

    Dated: May 3, 2012.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR chapter I is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
2. In Sec.  721.10068:
0
a. Add the following definitions in alphabetical order to paragraph
(a).
0
b. Add paragraph (b)(2)(viii).
    The additions read as follows:

Sec.  721.10068  Elemental mercury.

    (a) * * *
    Barometer means an instrument used in various applications to
measure atmospheric pressure.
* * * * *
    Hygrometer means an instrument used in various applications to
measure humidity of gases.
    Manometer means an instrument used in various applications to
measure pressure of gases or liquids.
* * * * *
    Psychrometer means an instrument used in various applications to
measure humidity of gases.
* * * * *
    (b) * * *
    (2) * * *
    (viii) Manufacturing or processing of elemental mercury for use in
barometers, manometers, hygrometers, and psychrometers except for:
Natural gas manometers covered by paragraph (b)(2)(vii) of this
section; barometers, manometers, hygrometers, and psychrometers that
were in service prior to May 6, 2011; and portable battery powered and
motor-aspirated psychrometers that contain fewer than seven grams of
elemental mercury.
* * * * *

[FR Doc. 2012-13071 Filed 5-29-12; 8:45 am]
BILLING CODE 6560-50-P


Farm ID # _______________

Methyl Bromide Critical Use Exemption Enterprise Budget Work Sheets Alternatives Tomatoes  Southwest  Single Crop Yield Cartons Per Acre IFAS Average 1,326 Farm Information Cost Information IFAS Farm Information Acre Carton Acre Carton Pre Harvest Production Costs:

Fertilizer 350.25 Fumigant 847.00 Crop Protection Materials 908.19 Transplants/ Seeds 336.00 Stakes 67.50 Plastic String 37.50 Plastic Mulch/ Irrigation Tubing 524.40 Frost Protection Machinery: Irrigation 614.67 Non irrigation 370.68 Plastic Mulch/ Drip Tape Disposal 280.24 Scounting 35.00 Labor Costs: Tractor Drivers 193.55 Direct Labor 489.75 Miscellaneous 165.00 Interest 252.90 Fixed Costs: Land Cost 450.00 Supervision 1,039.55 Overhead 1,299.42 Total Pre Harvest Production Costs: 8,261.60 $ 6.23 $  $ # DIV/ 0!

Harvesting 1,013.32 $ 0.76 $ # DIV/ 0!

Packing, Selling & Related Overhead 3,737.44 $ 2.82 $ # DIV/ 0!

TOTAL COST: 13,012.36 $ 9.81 $  $ # DIV/ 0! Farming Costs:

DCTM_ ARP. xls August 3, 2003


[Federal Register: January 31, 2006 (Volume 71, Number 20)]
[Notices]
[Page 5055]
[DOCID:fr31ja06-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Meeting; Sunshine Act

January 26, 2006.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C 552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: February 2, 2006, 10 a.m.

Place: Room 2C, 888 First Street NE., Washington DC 20426.

Status: Open.

Matters to be Considered: Agenda. *Note--Items listed on the agenda may
be deleted without further notice.

FOR FURTHER INFORMATION CONTACT: Magalie R. Salas, Secretary. Telephone
(202) 502-8400.
    For a recorded listing item stricken from or added to the meeting,
call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all papers relevant to the items on the
agenda; however, all public documents may be examined in the Public
Reference Room.

                                         901st Meeting--Regular Meeting
                                           [February 2, 2006, 10 a.m.]
----------------------------------------------------------------------------------------------------------------
          Item No.                           Docket No.                                 Company
----------------------------------------------------------------------------------------------------------------
                                              Administrative Agenda
----------------------------------------------------------------------------------------------------------------
A-1.........................  AD02-1-000.............................  Agency Administrative Matters.
A-2.........................  AD02-7-000.............................  Customer Matters, Reliability, Security
                                                                        and Market Operations.
-----------------------------
                                      Markets, Tariffs, and Rates--Electric
----------------------------------------------------------------------------------------------------------------
E-1.........................  RM05-30-000............................  Rules Concerning Certification of the
                                                                        Electric Reliability Organization; and
                                                                        Procedures for the Establishment,
                                                                        Approval, and Enforcement of Electric
                                                                        Reliability Standards.
E-2.........................  RM05-36-000............................  Revised Regulations Governing Small Power
                                                                        Production and Cogeneration Facilities.
E-3.........................  RM06-8-000.............................  Long-Term Firm Transmission Rights in
                                                                        Organized Electricity Markets.
                              AD05-7-000.............................  Long-Term Transmission Rights in Markets
                                                                        Operated by Regional Transmission
                                                                        Organizations and Independent System
                                                                        Operators.
----------------------------------------------------------------------------------------------------------------

Magalie R. Salas,
Secretary.
    A free webcast of this event is available through http://www.ferc.gov.
 Anyone with Internet access who desires to view this

event can do so by navigating to http://www.ferc.gov's Calendar of

Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact

Danelle Perkowski or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in Hearing Room 2. Members of the public
may view this briefing in the Commission Meeting overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 06-907 Filed 1-26-06; 4:41 pm]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Page 16251]
[FR Doc No: 2019-07747]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14983-000]

Tomlin Energy LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On March 19, 2019, Tomlin Energy LLC, filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Closed Loop Pumped
Storage Project (project) to be located on the Kiamichi River, in
Pushmataha County, Oklahoma. The sole purpose of a preliminary permit,
if issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following: (1) A 2,050-
foot-long, 200-foot-high earth embankment upper dam; (2) an upper
reservoir with a surface area of 100 acres and a storage capacity of
10,000 acre-feet; (3) a 8,200-foot-long, 32-foot-diameter tunnel
connecting the upper and lower reservoirs with a; (4) a pumping
station/powerhouse containing four pump/generating units with a total
capacity of 1,200 megawatts; (5) a 7,600-foot-long, 40-foot-high earth
embankment lower dam with a 300-foot-wide emergency spillway and
channel to the impoundment pond; (6) a lower reservoir with a surface
area of 200 acres, and a storage capacity of 28,000 acre-feet; (7) two
1,000-foot-long pipes, with a pump station structure, from the lower
reservoir to an impoundment pond; (8) an impoundment pond with a
surface area of 30 acres, and a storage capacity of 1,800 acre-feet,
which will fill with periodic overflow from the Kiamichi River; and (9)
a 46-mile-long transmission line to the Tenaska Kiamichi Generation
Station, then an 85-mile-long transmission line to the Luminant Valley
Power Plant.
    The proposed project would have an estimated average annual
generation of 4,200,000 megawatt-hours.
    Applicant Contact: Mr. Daniel O. Tomlin III, 4265 Kellway Circle
Addison, Texas 75001; phone:<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>,
[email protected].
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 Days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14983-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the eLibrary link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14983) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: April 12, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-07747 Filed 4-17-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71027-71029]
[FR Doc No: 2011-29644]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9492-6]

Proposed Settlement Agreements, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreements; Request for Public
Comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of two
proposed settlement agreements to resolve two cases filed by the
WildEarth Guardians (``Guardians'') involving EPA actions under the CAA
Title V operating permit program. On November 17, 2010, Guardians filed
a petition with the Environmental Appeals Board (``EAB'') challenging a
Title V Renewal Permit issued by EPA Region 8 on October 18, 2010 to BP
America Production Company (``BP'') for its Florida River Compression
Station Facility (In re BP America Production Co., Florida River
Compression Facility, Appeal No. CAA 10-04). On April 25, 2011,
Guardians also filed a petition in the United States Court of Appeals
for the Tenth Circuit (WildEarth Guardians v. EPA, No. 11-9527)
challenging the Administrator's February 2, 2011 order denying an
administrative petition to object to a July 14, 2010 response of the
Colorado Department of Public Health and Environment, Air Pollution
Control Division regarding the issuance of a renewed title V permit for
Anadarko Petroleum Corporation's Frederick Compressor Station. Under
the proposed settlement agreements, EPA would agree to undertake a
pilot program for the purpose of studying, improving, and streamlining
source determinations in the oil and gas industry in new or renewal
Title V permits for which Region 8 is the initial Part 71 permitting
authority.

DATES: Written comments on the proposed settlement agreements must be
received by December 16, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0915 online at http://www.regulations.gov (EPA's preferred
method); by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Sara L. Laumann, Office of Regional
Counsel, EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-2466;
telephone:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreements

    These proposed settlement agreements would resolve two cases filed
by Guardians. First, Guardians filed a case in the EAB challenging a
Title V Renewal Permit issued by EPA Region 8 on October 18, 2010 to
BP's Florida River Compression Station Facility (In re BP America
Production Co., Florida River Compression Facility, Appeal No. CAA 10-
04). BP intervened as a party in the EAB action. Second, Guardians
filed a petition in the United States Court of Appeals for the Tenth
Circuit challenging the Administrator's February 2, 2011 order denying
an administrative petition to object to a July 14, 2010 response of the
Colorado Department of Public Health and Environment regarding the
issuance of a renewed title V permit for Anadarko Petroleum
Corporation's Frederick Compressor Station. The State of Colorado and
Kerr-McGee Gathering LLC intervened as parties in the 10th Circuit
action. Under the proposed settlement agreements, EPA would agree to
undertake a pilot program for the purpose of studying, improving, and
streamlining source determinations in the oil and gas industry in new
or renewal Title V permits for which Region 8 is the initial Part 71
permitting authority. The pilot program would begin upon the effective
date of the settlement agreement in the EAB case and would continue for
a duration equal to the earlier of two years or six Title V new or
renewal permit applications for which Region 8 is the initial Part 71
permitting authority. Additional information regarding the Region 8
pilot program can be found in an attachment to the proposed settlement
agreement for the EAB action, which is available in the docket for this
action. Under the proposed settlement agreements, within 15 days of a
fully executed settlement agreement in the EAB action, Guardians will
file a motion with the EAB to dismiss with prejudice its pending
petition for review in Appeal No. CAA 10-04 and the parties in the
Tenth Circuit case will file an appropriate pleading for the dismissal
of Guardians' petition for review with prejudice. All parties will bear
their own costs and attorneys' fees.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed settlement agreements from persons who were not named as
parties or intervenors to the respective actions at issue. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlements agreements if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines that consent to these settlements
agreements should be withdrawn, the terms of the settlements agreements
will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreements

A. How can I get a copy of the proposed settlement agreements?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2011-0915) contains a copy of the proposed settlement
agreements. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) 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 Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the http://www.regulations.gov
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``search,'' then key in the appropriate docket
identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through http://www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: November 4, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-29644 Filed 11-15-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Pages 167-168]
[FR Doc No: E9-31160]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61242; File No. SR-FINRA-2009-076]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change Amending the
FINRA Rule 9550 Series (Expedited Proceedings)

December 28, 2009.
    On November 5, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change amending the FINRA Rule 9550 Series (Expedited
Proceedings). On November 17, 2009, FINRA filed Amendment No. 1. The
proposed rule change would make the following changes:
---------------------------------------------------------------------------

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

--Shorten the time within which a hearing must be held from the current
60 days after a hearing request to 30 days after the request in
relation to FINRA rules Rule 9551 (Failure to Comply with Public
Communication Standards), Rule 9552 (Failure to Provide Information or
Keep Information Current), Rule 9553 (Failure to Pay FINRA Dues, Fees
and Other Charges), Rule 9554 (Failure to Comply with an Arbitration
Award or Related Settlement), and Rule 9555 (Failure to Meet the
Eligibility or Qualification Standards or Prerequisites for Access to
Services);
--Amend Rule 9552 to shorten the period before a suspension
automatically turns into an expulsion or bar from six months to three
months;
--Amend Rule 9554, to explicitly allow FINRA to take expedited action
against firms or associated persons who fail to pay restitution to a
third party (usually investors who have been harmed);
--Harmonize the remedy for an individual's failure to pay an
arbitration award in Rule 9554 with the remedy for the same misconduct
in the FINRA By-Laws (limiting the remedy against individuals in such
cases to suspension, and eliminating any reference to barring
individuals).

    The proposed rule change, as modified by Amendment No. 1, was
published for comment in the Federal Register on November 25, 2009.\3\
The Commission received one comment on the proposal.\4\ This order
approves the proposed rule change as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 61026 (November 18,
2009) 74 FR 61727.
    \4\ See December 15, 2009 letter to Elizabeth M. Murphy,
Secretary, Commission, from Scott R. Shewan, President, Public
Investors Arbitration Bar Association (``PIABA Letter'') in support
of the proposed rule change. PIABA states ``FINRA has proposed
equitable amendments and should be commended for the thoughtful
treatment of the restitution issue in particular * * * the
Commission should approve the amendments without delay.'' PIABA
Letter at 2.
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities association.\5\ In
particular, the Commission finds that the proposed rule change is
consistent with the provisions of Section 15A(b)(6) of the Act,\6\
which requires, among other things, that FINRA's rules be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest. The proposal also is consistent with
Section 15A(b)(7) of the Act,\7\ which provides that FINRA members and
associated persons must be appropriately disciplined for violations of
provisions of the Act or FINRA rules. The Commission believes the
proposed rule change is consistent with these purposes because it is
designed to promote a reasonable, fair and efficient disciplinary
process. FINRA's amendments make the timing of hearings more consistent
with other hearings in the series of rules. FINRA stated that the
changes to these rules are based on FINRA's experience over the last
five years administering the rules.
---------------------------------------------------------------------------

    \5\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78o-3(b)(6).
    \7\ 15 U.S.C. 78o-3(b)(7).

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

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-FINRA-2009-076), as modified
by Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-31160 Filed 12-31-09; 8:45 am]
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[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Proposed Rules]
[Page 33747]
[DOCID:fr15jn10-30]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R10-OW-2006-0409; FRL-9161-6]

Ocean Dumping; Correction of Typographical Error in 2006 Federal
Register Final Rule for Designation of Ocean Dredged Material Disposal
Site at Coos Bay, OR, Site F; Restoration of Coordinates for Ocean
Dredged Material Disposal Site at Coos Bay, OR, Site H

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to correct a typographical error in the Final
Rule for the Ocean Dumping; De-designation of Ocean Dredged Material
Disposal Site and Designation of New Site near Coos Bay, Oregon.

DATES: Send written comments by July 15, 2010.

ADDRESSES: Send written comments to Jessica Winkler, U.S. Environmental
Protection Agency, Region 10, Office of Ecosystems, Tribal and Public
Affairs (ETPA-088), Environmental Review and Sediment Management Unit,
1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number:
(206) 553-7369, e-mail<EMAIL_ADDRESS>You may also submit
comments electronically; please follow the detailed instructions in the
ADDRESSES section of the direct final rule which is located in the
Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Jessica Winkler, U.S. Environmental
Protection Agency, Region 10, Office of Ecosystems, Tribal and Public
Affairs (ETPA-088), Environmental Review and Sediment Management Unit,
1200 Sixth Avenue, Suite 900, Seattle, Washington 98101, phone number:
(206) 553-7369, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, the EPA is correcting the currently codified
coordinates for Site F at 40 CFR 228.15(n)(3) with the coordinates EPA
inadvertently, through a typographical error, named 40 CFR 228.15(n)(4)
at 71 FR 27396 (May 11, 2006). The EPA is also restoring the
coordinates for Site H at 40 CFR 228.15(n)(4) which were overwritten
through the EPA's typographical error. The EPA did not make a proposal
prior to the direct final rule because we believe these actions are not
controversial and do not expect comments that oppose them. We have
explained the reasons for this action in the preamble to the direct
final rule. Unless we get written comments which oppose this action
during the comment period, the direct final rule will become effective
on the date established in the preamble to the direct final rule, and
we will not take further action on this proposal. If we get comments
that oppose this action, we will withdraw the direct final rule and it
will not take effect. We will then respond to public comments in a
later final rule based on this proposal. You may not have another
opportunity for comment. If you want to comment on this action, you
must do so at this time. For additional information, please see the
direct final rule published in the ``Rules and Regulations'' section of
this Federal Register.

    Authority:  This action is issued under the authority of Section
102 of the Marine Protection, Research, and Sanctuaries Act, 33
U.S.C. 1401, 1411, 1412.

    Dated: June 3, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-14241 Filed 6-14-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72712-72713]
[FR Doc No: 2011-30471]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0841]

Agency Emergency Processing Under the Office of Management and
Budget Review; Submission for Office of Management and Budget Review;
Comment Request; Food and Drug Administration Food Safety Modernization
Act: Economic Hardship Fee Reduction Guidance

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (PRA). The proposed collection of
information concerns a guidance document that outlines the criteria and
the process through which firms may request a reduction of fees based
on severe economic hardship of the FDA Food Safety Modernization Act
(FSMA) reinspection and recall user fees that are mandated by the
Federal Food, Drug, and Cosmetic Act (the FD&C Act).

DATES: Fax written comments on the collection of information by
December 15, 2011. FDA is requesting OMB approval of this emergency
processing by January 6, 2012.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-New and
title ``FDA Food Safety Modernization Act: Economic Hardship Fee
Reduction Guidance.'' Also include the FDA docket number found in
brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA has requested emergency processing of
this proposed collection of information under section 3507(j) of the
PRA (44 U.S.C. 3507(j) and 5 CFR 1320.13). FDA requests permission to
use the emergency clearance procedures to obtain OMB approval of the
information collection related to the economic hardship fee reduction
guidance. FDA expects to use a print-and-mail or an email form for fee
reduction requests. If FDA were to use the normal clearance procedures,
the approval of the information collection would not be finalized in
time to issue invoices in January 2012. FDA seeks OMB approval of the
information collection by January 6, 2012, so the Agency can issue such
guidance no later than January 2012.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

FDA Food Safety Modernization Act: Economic Hardship Fee Reduction
Guidance (OMB Control Number 0910-NEW)

    On January 4, 2011, the President signed into law FSMA (Pub. L.
111-353). Section 743 of the FD&C Act (21 U.S.C. 379j-31) amended by
FSMA, requires FDA to consider the burden of fee amounts on small
businesses.
    Section 743(b)(2)(B)(iii) of FD&C Act states, ``* * *the Secretary
shall publish in the Federal Register a proposed set of guidelines in
consideration of the burden of fee amounts on small business. Such
consideration may include reduced fee amounts for small businesses.* *
*'' Before publishing such guidelines, FDA believes it is important to
gather additional information related to small business burdens
associated with fees to set forth criteria and a rational for such
criteria for when a user fee reduction is appropriate. Therefore, FDA
published a document in the Federal Register of August 1, 2011 (76 FR
45818) (FRN) to seek public comments and information to assist the
Agency to develop such guidelines. FDA will review the comments
(comment period closes on November 30, 2011) and then develop the
proposed set of guidelines; these will likely be implemented in fiscal
year (FY) 2013. However, FDA recognizes that, meanwhile, for some small
businesses the reinspection or the recall user fees, which went into
effect on October 1, 2011, could impose severe economic hardship and
there may be unique circumstances in which some relief would be
appropriate. During FY 2012, FDA will consider waiving some or all of
an invoiced fee based on a severe economic hardship. FDA intends to
protect businesses and preserve free competitive enterprise.
    FDA is currently developing a guidance to outline the criteria and
the process through which firms may request a reduction of fees based
on economic hardship. FDA wants to consider the public comments from
the small business FRN before finalizing such guidance. Also, in the
recent ``Guidance for Industry: Implementation of the Fee Provisions of
Section 107 of the FDA Food Safety Modernization Act'' that published
in the Federal Register of October 6, 2011 (76 FR 62073), FDA stated
that it would ``not intend to issue invoices for reinspection or recall
order fees until this guidance document has been finalized.''
Therefore, FDA needs to publish such guidance soon after November 30,
2011, in order to: (1) Issue invoices and (2) provide important
information for qualified firms to apply for fee reductions, which will
help them to sustain their businesses. Given such a short timeframe,
use of the normal clearance process to obtain OMB approval under the
PRA for the information collection related to the economic hardship fee
reduction guidance is likely to cause delay of publishing such guidance
and subsequently cause delay of issuing invoices. The fees, required by
FSMA, are to cover 100 percent of the costs of certain reinspection and
recall order activities conducted by FDA.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                              Activity                                  Number of      Responses per     Total annual   Average  burden    Total hours
                                                                       Respondents       Respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Request for reduction of fees collected under section 743 of the                235                1              235                2              470
 FD&C Act..........................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA estimates that 510 facilities will be subject to the
reinspection and the recall fees under section 743 of the FD&C Act. Of
these facilities, we estimate that 46 percent will be small businesses
with annual gross sales under $250,000. Therefore, 46 percent of 510
equals to 235 respondents. Each respondent will submit 1 request for
reduction of fees. Total annual responses are 235. The average burden
is 2 hours, giving a total of 470 hours annual burden.

    Dated: November 22, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-30471 Filed 11-22-11; 11:15 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74463-74464]
[FR Doc No: 2022-26486]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, December 8, 2022.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or

more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7),
(8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7),
(a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled
matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Authority:  5 U.S.C. 552b.

    Dated: December 1, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-26486 Filed 12-1-22; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26126-26127]
[DOCID:fr08my08-99]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-0244]

Information Collection Request to Office of Management and
Budget; OMB Control Numbers: 1625-0081, and 1625-0083

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit Information Collection Requests
(ICRs) and Analyses to the Office of Management and Budget (OMB)
requesting an extension of their approval for the following collections
of information: (1) 1625-0081, Alternate Compliance Program and; (2)
1625-0083, Operational Measures for Existing Tank Vessels without
Double Hulls. Before submitting these ICRs to OMB, the Coast Guard is
inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before July 7, 2008.

ADDRESSES: To avoid duplicate submissions to the docket [2008-0244],
please use only one of the following means:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (DMF) (M-30), U.S. Department
of Transportation (DOT), West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand deliver between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.
    The DMF maintains the public docket for this notice. Comments and
material received from the public, as well as documents mentioned in
this notice as being available in the docket, will become part of this
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find this docket on the Internet
at http://www.regulations.gov.
    Copies of the completed ICRs are available through this docket on
the Internet at http://www.regulations.gov. Additionally, copies are
available from Commandant (CG-611), U.S. Coast Guard Headquarters,
(Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-
0001. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    The Coast Guard invites comments on whether this information
collection request should be granted based on it being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the collections; (2) the accuracy of the estimated burden of
the collections; (3) ways to enhance the quality, utility, and clarity
of information subject to the collections; and (4) ways to minimize the
burden of collections on respondents, including the use of automated
collection techniques or other forms of information technology.
    We encourage you to respond to this request by submitting comments
and related materials. We will post all comments received, without
change, to http://www.regulations.gov. They will include any personal
information you provide. We have an agreement with DOT to use their
DMF. Please see the paragraph on DOT's ``Privacy Act Policy'' below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2008-0244], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES; but please
submit them by only one means. If you submit them by mail or delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period. We may change
the documents supporting this collection of information or even the
underlying requirements in view of them.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this notice as being available in the
docket. Enter the docket number [USCG-2008-0244] in the Search box, and
click, ``Go>>.'' You may also visit the DMF in room W12-140 on the West
Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act Statement of DOT in the Federal Register published on April 11,
2000 (65 FR 19477), or by visiting http://DocketsInfo.dot.gov.

Information Collection Requests

    1. Title: Alternate Compliance Program.
    OMB Control Number: 1625-0081.
    Summary: This information is used by the Coast Guard to assess
vessels participating in the voluntary Alternate Compliance Program
(ACP) before issuance of a Certificate of Inspection.
    Need: U.S.C. 46 3306 and 3316 authorize the Coast Guard to
establish vessel inspection regulations and inspection alternatives. 46
CFR part 8 prescribes the Coast Guard regulations for recognizing
classification societies and enrollment of U.S.-flag vessels in ACP.
    Forms: CG-3752.
    Respondents: Recognized classification societies.
    Frequency: On occasion.

    Burden Estimate: The estimated burden has increased from 164 hours
to 212 hours a year.
    2. Title: Operational Measures for Existing Tank Vessels without
Double Hulls.
    OMB Control Number: 1625-0083.
    Summary: The information is needed to ensure compliance with U.S.
regulations regarding operational measures for certain tank vessels
while operating in the U.S. waters.
    Need: 46 U.S.C. 3703 and 3703a authorize the Coast Guard to
establish regulations for tank vessels to promote the safety of life
for increased protection against hazards to life and property, for
navigation and vessel safety, and for enhanced protection of the marine
environment. 33 CFR part 157 and subparts G, H and I contain Coast
Guard regulations regarding operational measures for certain tank
vessels without double hulls.
    Forms: None.
    Respondents: Owners, operators and masters of certain tank vessels.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has decreased from 6,807
hours to 3,474 hours a year.

    Dated: April 28, 2008.
D.T. Glenn,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
 [FR Doc. E8-10267 Filed 5-7-08; 8:45 am]

BILLING CODE 4910-15-P