[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29209-29211]
[FR Doc No: 2019-13117]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-2778]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Threshold of Regulation for Substances Used in Food-
Contact Articles

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on requests for data needed to evaluate
requests for threshold of regulation exemptions for substances used in
food-contact articles.

DATES: Submit either electronic or written comments on the collection
of information by August 20, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before August 20, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of August 20, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or

anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your comments, that information will be
posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-N-2778 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Threshold of Regulation for
Substances Used in Food-Contact Articles.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    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.

Threshold of Regulation for Substances Used in Food-Contact Articles--
21 CFR 170.39

OMB Control Number 0910-0298--Extension

    Under section 409(a) of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 348(a)), the use of a food additive is deemed
unsafe unless one of the following is applicable: (1) It conforms to an
exemption for investigational use under section 409(j) of the FD&C Act;
(2) it conforms to the terms of a regulation prescribing its use; or
(3) in the case of a food additive which meets the definition of a
food-contact substance in section 409(h)(6) of the FD&C Act, there is
either a regulation authorizing its use in accordance with section
409(a)(3)(A) or an effective notification in accordance with section
409(a)(3)(B).
    The regulations in Sec.  170.39 (21 CFR 170.39) established a
process that provides the manufacturer with an opportunity to
demonstrate that the likelihood or extent of migration to food of a
substance used in a food-contact article is so trivial that the use
need not be the subject of a food additive listing regulation or an
effective notification. The Agency has established two thresholds for
the regulation of substances used in food-contact articles. The first
exempts those substances used in food-contact articles where the
resulting dietary concentration would be at or below 0.5 part per
billion (ppb). The second exempts regulated direct food additives for
use in food-contact articles where the resulting dietary exposure is 1
percent or less of the acceptable daily intake for these substances. To
determine whether the intended use of a substance in a food-contact
article meets the threshold criteria, certain information specified in
Sec.  170.39(c) must be submitted to FDA. This information includes the
following components: (1) The chemical composition of the substance for
which the request is made; (2) detailed information on the conditions
of use of the substance; (3) a clear statement of the basis for the
request for exemption from regulation as a food additive; (4) data that
will enable FDA to estimate the daily dietary concentration resulting
from the proposed use of the substance;

(5) results of a literature search for toxicological data on the
substance and its impurities; and (6) information on the environmental
impact that would result from the proposed use.
    We use this information to determine whether the food-contact
substance meets the threshold criteria:
    Description of Respondents: Respondents to this information
collection are individual manufacturers and suppliers of substances
used in food-contact articles (i.e., food packaging and food processing
equipment) or of the articles themselves.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR 170.39                                Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Threshold of regulation for substances used in food-contact                       4                1                4               48              192
 articles..........................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last
request for OMB approval, we have made adjustments to decrease our
burden estimate due to the decrease in the number of respondents. The
adjustment resulted in decreases of 3 responses and 144 total burden
hours.
    We estimate that approximately 4 requests per year will be
submitted under the threshold of regulation exemption process of Sec.
170.39, for a total of 192 hours. The threshold of regulation process
offers an advantage over the premarket notification process for food-
contact substances established by section 409(h) of FD&C Act (OMB
control number 0910-0495) in that the use of a substance exempted by
FDA is not limited to only the manufacturer or supplier who submitted
the request for an exemption. Other manufacturers or suppliers may use
exempted substances in food-contact articles as long as the conditions
of use (e.g., use levels, temperature, type of food contacted, etc.)
are those for which the exemption was issued. As a result, the overall
burden on both Agency and the regulated industry would be significantly
less in that other manufacturers and suppliers would not have to
prepare, and we would not have to review, similar submissions for
identical components of food-contact articles used under identical
conditions. Manufacturers and other interested persons can easily
access an up-to-date list of exempted substances which is on display at
FDA's Dockets Management Staff and on the internet at https://www.fda.gov/food/packaging-food-contact-substances-fcs/threshold-regulation-exemptions-substances-used-food-contact-articles. Having the
list of exempted substances publicly available decreases the likelihood
that a company would submit a food additive petition or a notification
for the same type of food-contact application of a substance for which
the Agency has previously granted an exemption from the food additive
listing regulation requirement.

    Dated: June 14, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-13117 Filed 6-20-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 26109-26110]
[FR Doc No: 2013-10516]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0121]

Qualification of Drivers; Application for Exemptions; Hearing

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

ACTION: Notice of applications for exemptions; request for comments.

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

SUMMARY: FMCSA announces that 9 individuals have applied for a medical
exemption from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs). In accordance with the statutory
requirements concerning applications for exemptions, FMCSA requests
public comments on these requests. The statute and implementing
regulations concerning exemptions require that exemptions must provide
an equivalent or greater level of safety than if they were not granted.
If the Agency determines the exemptions would satisfy the statutory
requirements and decides to grant theses requests after reviewing the
public comments submitted in response to this notice, the exemptions
would enable 9 individuals to operate CMVs in interstate commerce.

DATES: Comments must be received on or before June 3, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0121] using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316).

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

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has
published in 49 CFR part 381, subpart C final rules implementing the
statutory changes in its exemption procedures made by section 4007, 69
FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C,
FMCSA must publish a notice of each exemption request in the Federal
Register. The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted and any research reports,
technical papers and other publications referenced in the application.
The Agency must also provide an opportunity to submit public comment on
the applications for exemption.
---------------------------------------------------------------------------

    \1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 (66 FR 49867 (Oct. 1, 2001)).
---------------------------------------------------------------------------

    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed.
    The current provisions of the FMCSRs concerning hearing state that
a person is physically qualified to drive a CMV if that person

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5-1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
    FMCSA also issues instructions for completing the medical
examination report and includes advisory criteria on the report itself
to provide guidance for medical examiners in applying the hearing
standard. See 49 CFR 391.43(f). The current advisory criteria for the
hearing standard include a reference to a report entitled ``Hearing
Disorders and Commercial Motor Vehicle Drivers'' prepared for the
Federal Highway

Administration, FMCSA's predecessor, in 1993.\2\
---------------------------------------------------------------------------

    \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
---------------------------------------------------------------------------

FMCSA Requests Comments on the Exemption Applications

    FMCSA requests comments from all interested parties on whether a
driver who cannot meet the hearing standard should be permitted to
operate a CMV in interstate commerce. Further, the Agency asks for
comments on whether a driver who cannot meet the hearing standard
should be limited to operating only certain types of vehicles in
interstate commerce, for example, vehicles without air brakes. The
statute and implementing regulations concerning exemptions require that
the Agency request public comments on all applications for exemptions.
The Agency is also required to make a determination that an exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption
before granting any such requests. 49 U.S.C.

Information on Individual Applicants

Michael Desarmeaux

    Mr. Desarmeaux holds a driver's license from Ohio. He would like to
drive any type of CMV, if he is granted an exemption.

Daniel I. Grossinger

    Mr. Grossinger holds a driver's license from Maryland. His family
owns a landscaping business and if granted the exemption, he would like
to drive heavy equipment for the business.

David W. Hoffman

    Mr. Hoffman holds a class A Commercial driver's license (CDL) from
South Dakota. He has been driving a range of different trucks in
intrastate commerce for more than 5 years. He would like to continue to
drive a range of different trucks if granted an exemption.

Christopher A. Jayne

    Mr. Jayne holds a class A Commercial driver's license (CDL) from
Missouri. He has experience driving a tractor trailer until recently
when he lost his hearing. He would like to resume driving tractor
trailer trucks in interstate commerce, if granted an exemption.

Jayson Lawson

    Mr. Lawson holds a driver's license from Arkansas. He would like to
drive a CMV in interstate commerce, if he is granted an exemption.

Jeffrey Pagenkopf

    Mr. Pagenkopf holds a driver's license from Minnesota. He would
like to drive a CMV in interstate commerce, if he is granted an
exemption.

Gilbert Partida

    Mr. Partida holds a class A Commercial driver's license from Texas.
He has over 20 years of driving experience and currently drives a
tractor trailer. He would like to resume driving a tractor trailer in
interstate commerce, if he is granted an exemption.

Jacob Paullin

    Mr. Paullin holds a driver's license from Wisconsin. He would like
to drive a semi-truck in interstate commerce, if he is granted an
exemption.

Fernando Ramirez-Savon

    Mr. Ramirez-Savon holds a class A Commercial driver's license from
New Mexico. He has been driving a CMV in interstate commerce until
recently when he failed to pass the hearing test. He would like to
resume driving in interstate commerce, if he is granted an exemption.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment from all interested persons on the exemption
petitions described in this notice. The Agency will consider all
comments received before the close of business June 3, 2013. Comments
will be available for examination in the docket at the location listed
under the ADDRESSES section of this notice. The Agency will file
comments received after the comment closing date in the public docket,
and will consider them to the extent practicable. In addition to late
comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should monitor the public docket for new
material.

    Issued on: April 23, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-10516 Filed 5-2-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60741-60743]
[FR Doc No: 2015-25498]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0106]

Qualification of Drivers; Application for Exemptions; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant requests from 14
individuals for exemptions from the Agency's physical qualifications
standard concerning hearing for interstate drivers. The current
regulation prohibits hearing impaired individuals from operating CMVs
in interstate commerce. After notice and opportunity for public
comment, the Agency concluded that granting exemptions for these
drivers to operate property-carrying CMVs will provide a level of
safety that is equivalent to or greater than the level of safety
maintained without the exemptions. The exemptions are valid for a 2-
year period and may be renewed, and the exemptions preempt State laws
and regulations.

DATES: The exemptions are effective October 7, 2015. The exemptions
expire on October 10, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov and/or Room W12-140 on the ground
level of the West Building, 1200 New Jersey Avenue SE., Washington, DC,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as

described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period. The current provisions of the FMCSRs
concerning hearing state that a person is physically qualified to drive
a CMV if that person:

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
    FMCSA grants 14 individuals an exemption from Sec.  391.41(b)(11)
concerning hearing to enable them to operate property-carrying CMVs in
interstate commerce for a 2-year period. The Agency's decision on these
exemption applications is based on the current medical literature and
information and the ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety'' (the 2008 Evidence Report)
presented to FMCSA on August 26, 2008. The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) No studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the CDLIS,\1\
for CDL holders, and inspections recorded in MCMIS.\2\ For non-CDL
holders, the Agency reviewed the driving records from the State
licensing agency. Each applicant's record demonstrated a safe driving
history. The Agency believes the drivers covered by the exemptions do
not pose a risk to public safety.
---------------------------------------------------------------------------

    \1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of 51 licensing jurisdictions and the CDLIS Central Site,
all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
---------------------------------------------------------------------------

C. Comments

    On January 22, 2015, FMCSA published a notice of receipt of
exemption applications and requested public comment on 14 individuals
(FR 80 3306; Docket number FMCSA-2015-00995). The comment period ended
on February 23, 2015. In response to this notice, one comment was
received expressing concern for the process by which exemptions are
granted from parts of 49 CFR 391.41, the increased volume of
exemptions, and the need to rely on scientific support as a basis for
granting the exemptions. The American Trucking Associations, Inc. (ATA)
submitted a comment stating, ``The granting of such a large number of
exemptions dilutes the physical qualification standards and constitutes
regulation through exemption. FMCSA must begin a dialogue on the need
and effectiveness of these standards. If it is determined that these
standards need to be altered, it must be done through the formal
rulemaking process.'' FMCSA acknowledges ATA's concerns and may
consider in the future the initial steps to a formal rulemaking process
to revise physical qualification standards.

D. Exemptions Granted

    Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 14 individuals.
Under current FMCSA regulations, all of the 14 drivers receiving
exemptions from 49 CFR 391.41(b)(11) would have been considered
physically qualified to drive a CMV in interstate commerce except that
they do not meet the hearing requirement. FMCSA has determined that the
following 14 applicants should be granted an exemption:

Weston Tyler Arhurs

    Mr. Arthurs, 28, holds an operator's license in California.

Kevin Ray Ballard

    Mr. Ballard, 38, holds an operator's license in Texas.

Jeremy Wayne Brandyberry

    Mr. Brandyberry, 34, holds an operator's license in Nebraska.

Scott C. Friede

    Mr. Friede, 40, holds a Class A commercial driver's license (CDL)
in Nebraska.

Glenn E. Hivey

    Mr. Hivey, 81, holds a Class A commercial driver's license (CDL) in
Pennsylvania.

Jeremiah Putnam Hoagland

    Mr. Hoagland, 35, holds a Class A commercial driver's license (CDL)
in Colorado.

Curtis J. Horning

    Mr. Horning, 40, holds an operator's license in Pennsylvania.

Leroy Lynch

    Mr. Lynch, 59, holds a Class A commercial driver's license (CDL) in
Ohio.

Floyd McClain, Jr.

    Mr. McClain, 38, holds an operator's license in Florida.

Christopher David McKenzie

    Mr. McKenzie, 37, holds an operator's license in Texas.

Kimothy Fred Mcleod

    Mr. Mcleod, 51, holds a Class A commercial driver's license (CDL)
in Georgia.

Victor Morales-Contreras

    Mr. Morales-Contreras, 27, holds an operator's license in Texas.

Brandon Veronie, Sr.

    Mr. Veronie, 36, holds a chauffeur's license in Louisiana.

Anthony L. Witcher

    Mr. Witcher, 55, holds a chauffeur's license in Michigan.

Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. With the exemption, applicants can
drive in interstate commerce. Thus, the Agency's analysis focuses on
whether an equal or greater level of safety is likely to be achieved by
permitting each of these drivers to drive in interstate commerce as
opposed to restricting him or her to driving in intrastate commerce.
The

driver must comply with the terms and conditions of the exemption. This
includes reporting any crashes or accidents as defined in 49 CFR 390.5
and reporting all citations and convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391.

Conclusion

    The Agency is granting exemptions from the hearing standard, 49 CFR
391.41(b)(11), to 14 individuals based on an evaluation of each
driver's safety experience. Safety analysis of information relating to
these 14 applicants meets the burden of showing that granting the
exemptions would achieve a level of safety that is equivalent to or
greater than the level that would be achieved without the exemption. In
accordance with 49 U.S.C. 31315, each exemption will be valid for 2
years from the effective date with annual recertification required
unless revoked earlier by FMCSA. The exemption will be revoked if the
following occurs: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained prior to being granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and 31315.
    FMCSA exempts the following 14 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Weston Tyler
Arhurs (CA); Kevin Ray Ballard (TX); Jeremy Wayne Brandyberry (NE);
Scott C. Friede (NE); Glenn E. Hivey (PA); Jeremiah Putnam Hoagland
(CO); Curtis J. Horning (PA); Leroy Lynch (OH); Floyd McClain, Jr.
(FL); Christopher David McKenzie (TX); Kimothy Fred Mcleod (GA); Victor
Morales-Contreras (TX); Brandon Veronie, Sr. (LA); and Anthony L.
Witcher (MI).

    Issued on: September 29, 2015.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-25498 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3814]
[DOCID:fr26ja07-56]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. QF98-42-003]

Altamont Power LLC; Notice of Filing

January 17, 2007.
    Take notice that January 8, 2007, Altamont Power LLC filed a notice
of change in status as a qualifying small power production facility,
stating it is no longer a qualifying facility, and a refund report, for
any potentially improper provision of transmission service that may
have occurred in the past, pursuant to 18 CFR 292.207(d).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 29, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-1138 Filed 1-25-07; 8:45 am]

BILLING CODE 6717-01-P


Draft

Supporting Statement

for

Information Collection Request

Emission Control System Performance Warranty Regulations

and Voluntary Aftermarket Part Certification Program

(Renewal)

ICR 0116.8

OMB 2060-0060

42 USC 7521 §207(a)

40 CFR Part 85

September 2006

Compliance and Innovative Strategies Division

Office of Transportation and Air Quality

Office of Air and Radiation

U.S. Environmental Protection Agency

1.     Identification of the Information Collection

1(a)  Title and Number of the Information Collection

	Emission Control System Performance Warranty Regulations and Voluntary
Aftermarket Part Certification Program (Renewal), EPA Number 0116.08,
OMB Control Number 2060-0060.

1(b) Short Characterization

	Under Section 206(a) of the Clean Air Act (CAA, 42 USC 7521),
on-highway engine and vehicle manufacturers may not legally introduce
their products into US commerce unless EPA has certified that their
production complies with applicable emission standards. Per section
207(a), original vehicle manufacturers must warrant that vehicles are
free from defects in materials and workmanship that would cause the
vehicle not to comply with emission regulations during its useful life.
Section 207(a) directs EPA to provide certification to those
manufacturers or builders of automotive aftermarket parts that
demonstrate that the installation and use of their products will not
cause failure of the engine or vehicle to comply with emission
standards.  An aftermarket part is any part offered for sale for
installation in or on a motor vehicle after such vehicle has left the
vehicle manufacturer’s production line (40 CFR 85.2113(b)).
Participation in the aftermarket certification program is voluntary.

	Aftermarket part manufacturers or builders (manufacturers) electing to
participate conduct emission and durability testing as described in 40
CFR part 85, subpart V, and submit data about their products and testing
procedures.

	This information is collected by the Compliance and Innovative
Strategies Division (CISD), Office of Transportation and Air Quality
(OTAQ), Office of Air and Radiation (OAR), U.S. Environmental Protection
Agency (EPA).  Besides CISD, this information could be used by the
Office of Enforcement and Compliance and the Department of Justice for
enforcement purposes.  Non-confidential portions of the information
submitted to EPA could be disclosed to the public upon request.  This
information could be used by trade associations, environmental groups,
and the public.

	Due to the fact that EPA has received only two aftermarket part
certification applications since 1989, the Agency does not expect to
receive any applications in the next three years.  However, for the
purposes of this information collection request, EPA has assumed that
one manufacturer will apply for aftermarket part certification during
the three-year period covered by this collection with an approximate
annualized cost of $11,779.

2.  	Need for and Use of the Collection

2(a)	Need/Authority for the Collection

	EPA’s emission certification programs, including aftermarket part
certification, are statutorily mandated; the agency does not have
discretion to cease these functions. Section 207(a) of the CAA mandates
EPA to provide emissions compliance certification for manufacturers of
automotive aftermarket parts that wish to certify their products.
Regulations implementing this requirement are found at 40 CFR part 85,
subpart V.

	The information collected under this request is needed to insure that
aftermarket parts do not cause vehicles to exceed emission standards and
to enforce the CAA’s warranty requirements.  Original vehicle
manufacturers are required to honor warranty claims where the
malfunction was caused by a certified aftermarket part.  If the
aftermarket part was not certified, the original vehicle manufacturer
can deny the claim.

2(b)	Practical Utility/Users of the Data

	EPA would use the information to investigate warranty claim denials and
possible tampering violations and to inform the public about what parts
are certified.

 	The information would be received and used by CISD/OTAQ/OAR.
Non-confidential portions of the information submitted to OPG would be
available to be used by importers, environmental groups, members of the
public and local, state and federal government organizations.

3.	Nonduplication, Consultations and Other Collection Criteria

3(a)	Nonduplication

	The information requested under this ICR is required by statute.
Because of its specialized nature, the information collected is not
available from any other source.

3(b) Public Notice Required Prior to ICR Submission to OMB

	An announcement of the public comment period for this ICR renewal was
published in the Federal Register on September XX, 2006 (XX Federal
Register XXXX).  No comments were received.  A copy of the FR notice is
attached.

3(c)	Consultations

Since no aftermarket part certification applications have been received
during the last several years, burden estimates are based on estimates
developed in 1986.  These estimates were developed using information
obtained during informal conversations with Mr. Robert Burch from the
Specialty Equipment Marketing Associations (SEMA) and Mr. Joseph
Dougherty from the Motor and Equipment Manufacturing Association (MEMA).

3(d)	Effects of Less Frequent Collection

	The information requested is only collected on occasion, when a
manufacturer elects to submit an application for aftermarket part
certification.

3(e)	General Guidelines

	According to 40 CFR 85.2120(a), the information gathered by the
manufacturer to compile aftermarket part applications must be kept for
five years unless the part has been certified for use exclusively in
vehicles with less than five years of emission warranty coverage
remaining (see section 4(b)(i)(B) for details).  The five-year
recordkeeping requirement stems from the CAA mandate that manufacturers
recall engines failing to meet emission standards throughout their
useful lives.

	Under this information collection, manufacturers may submit certain
sensitive technical and proprietary information related to part design.
This information is kept confidential in accordance with the Freedom of
Information Act, EPA regulations at 40 CFR part 2, and class
determinations issued by EPA's Office of General Counsel.

	No other general guideline is exceeded by this information collection.

3(f)	Confidentiality

	Manufacturers are allowed to assert a claim of confidentiality over
information provided to EPA.  Confidentiality is provided in accordance
with the Freedom of Information Act and EPA regulations at 40 CFR part
2.

3(g)	Sensitive Questions

	No sensitive questions are asked.

4.	Respondents and Information Requested

4(a)	Respondents/NAICS Codes

	Respondents are manufacturers of on-highway vehicles within the
following North American Industry Classification System (NAICS) code:

336312 Gasoline Engine and Engine Parts Manufacturing

4(b)	Information Requested

	(i)	Data Items

	Tables A and B list the data items requested under this information
collection.

Notification of intent to certify

	Manufacturers of automotive aftermarket parts who wish to get their
product certified need to submit, at least 45 days prior to the sale of
the part, a ‘Notification of Intent’ or application with the
following information.

Table A

Notification of Intent to Certify

Identification of each part to be certified	85.2115(a)(1)(i)

Identification of the vehicle or engine configurations for which the
part is being certified	85.2115(a)(1)(ii)

Technical information requested in 85.2114	85.2115(a)(1)(iii)

Any waivers previously obtained and all correspondence with EPA
regarding certification of the part	85.2115(a)(1)(iv)

A description of all tests, techniques, procedures, statistical
analysis, etc. used to demonstrate compliance	85.2115(a)(1)(v)

All results and documentation pertaining to durability and emissions
tests per 85.2114	85.2115(a)(1)(vi)

A justification for forgoing any part of the Federal Test Procedure, if
applicable	85.2115(a)(1)(vii)

A description of the criteria used to select the test part and a
statement that the test part is representative of production parts
85.2115(a)(1)(viii)

A description of the vehicle in which the part was tested and an
explanation of why it represents the worst emissions case of all
configurations for which this part is being certified	85.2115(a)(1)(ix)

The service intervals, including maintenance and replacement intervals,
and a statement indicating whether it is different for the original part
intervals	85.2115(a)(1)(x)

A description of the label and whether it complies with EPA requirements
85.2115(a)(1)(xi)

Acceptance of the warranty and dispute resolution requirements in
85.2117	85.2115(a)(1)(xii)

A statement of commitment to comply with all terms and conditions of
85.2115	85.2115(a)(1)(xiii)

A statement that the replacement part will not cause a substantial
increase in emissions in any normal driving mode not represented during
testing	85.2115(a)(1)(xiv)

Contact information	85.2115(a)(1)(xv)

	EPA may deny certification if the Agency finds that the manufacturer
did not prove compliance or that the documentation submitted was not
adequate (85.2116).  The Agency may also de-certify a part if it has
reason to believe that the manufacturer did not comply with the
regulations (85.2121).  In both cases, the affected manufacturer may
appeal the decision, in writing, within 20 days of receipt of the
decision.

	If a part is modified after certification has been granted, the
manufacturer must re-certify the part if the modification could affect
vehicle emissions and/or the durability of the part or other components
of the vehicle (85.2118).  There are also labeling requirements
(85.2119).

	Manufacturers are also required to warrant their products “for the
remaining performance warranty period of any vehicle on which the part
is installed, or for the warranty period specified for an equivalent
original equipment component, if this period is shorter than the
remaining warranty period of the vehicle” (85.2117).  Manufacturers
must also reimburse original vehicle manufacturers for any reasonable
expenses incurred by the original vehicle manufacturer as a result of
honoring a warranty claim where a certified aftermarket part was found
to have caused the problem.  40 CFR 85.2117 and Appendix II contain the
procedures an original vehicle manufacturer must follow when pursuing
reimbursement from an aftermarket part manufacturer.

Recordkeeping

	For each certified part, manufacturers must maintain, for five years
(85.2120(a)), the following records:

Table B

Recordkeeping Requirements

Detailed production drawings	85.2120(a)(1)

A description of the testing program	85.2120(a)(2)

All test data and subsequent analyses 	85.2120(a)(3)

Information used to determine equivalency with original parts
85.2120(a)(4)

A description of quality control plans and compliance assurance
85.2120(a)(5)

All data taken during quality control and subsequent analyses
85.2120(a)(6)

A description of all techniques used to determine emission critical
parameter specifications	85.2120(a)(7)

Any data, documents, correspondence with vendors and consumers, etc.
related to problems found in 25 certified parts or more	85.2120(a)(8)

	Records must be made available to EPA upon request.  For parts
certified only for vehicles with less than five years of emissions
warranty remaining, records must be maintain for three years or until
80% of applicable vehicles are outside the warranty period, whichever
occurs later.

	(ii)	Respondent Activities

The activities manufacturers need to perform to comply with the
requirements of each type of report are as follows:

	Review instructions and regulations

	Compile data

	Test aftermarket parts according to 				regulations

	Prepare and submit report

	Maintain records

5.	The Information Collected--Agency Activities, Collection Methodology,
and Information Management

5(a)	Agency Activities

	EPA officials carry out the following activities:

	Review regulations

	Answer respondents’ questions

	Review and analyze applications for 				completeness and compliance
with 				regulations

	Analyze applications

	Request additional information, if needed

	Address requests for confidentiality

5(b)	Collection Methodology and Management

	The information requested under this collection would be submitted by
manufacturers on occasion, when a manufacturer chooses to seek
certification for its products.  EPA has not received applications for
aftermarket part certification in the last several years.  In fact, only
two applications have been received since 1989. Due to the lack of
participation in this program, there is no need to develop electronic
forms or databases.  Therefore, should EPA receive an application in the
next three years, the information will most likely be collected on paper
and stored in CISD’s Confidential Business Information Room.

5(c)	Small Entity Flexibility

	The information requested is considered to be the minimum needed to
effectively maintain the emission control program’s integrity and
comply with the requirements of the Clean Air Act.  Further measures to
simplify reporting requirements for small businesses do not appear
prudent or necessary.

5(d)	Collection Schedule

	Applications for aftermarket part certification are collected on
occasion only, when a manufacturer chooses to seek certification for its
products.

6.	Estimating the Burden and Cost of the Collection

	Please refer to The attached worksheet for details.

6(a)	Estimating Respondent Burden

	Burden estimates are based on a 1985 burden assessment, updated to
incorporate the most recent testing cost estimates and methodology in
the certification ICR, 0783.47 (OMB 2060-0104).  Since only two
applications have been submitted since then, EPA continues to rely on
these estimates.

6(b) Estimating Respondent Costs

	(i)	Estimating Labor Costs

	To estimate labor costs, EPA used the Bureau of Labor Statistics’
May, 2005 cost estimates (  HYPERLINK
"http://www.bls.gov/oes/current/oessrci.htm#31-33"
http://www.bls.gov/oes/current/oessrci.htm#31-33 , accessed 7/18/2006)
for the Engine and Turbines Industry (NAICS 333000) and multiplied them
by a factor of 2.1 (210%) to account for benefits, overhead, and profit.
It is anticipated that many applicants would contract with outside
testing labs for this work. The specific rates used are listed below.
These are mean hourly rates.

Table 2

Labor Costs Estimates

Occupation	SOC Code Number	Mean Hourly Rate (BLS)	210%

Mechanical  Engineers	17-2141	$32.44	$68.12

Secretaries, Except Legal, Medical and Executive	43-6014	$15.62	$32.80

Mechanical Engineering Technicians (Test Cell)	17-3027	$25.56	$53.68

	(ii) Estimating Capital and Operations and Maintenance Costs

	Operation and Maintenance costs (O&M Costs) associated with this
information collection include CDs and DVDs, photocopying, postage and
other shipping expenses and phone calls.  CDs and DVDs are used by
manufacturers to submit data electronically and to keep records.

     (iii) Capital/Start Up Operations

	There are no capital start-up costs associated with the renewal of this
ICR.

     (iv)  Annualizing Capital Costs

	Consistent with ICR 0783 (OMB 2060-0104), for uniformity across all
ICRs, we are assuming a capital cost for facilities to conduct FTP tests
on a per test basis, assuming no prior capacity, and without regard to
whether the testing services are contracted or done in house. On this
basis, we estimate an annualized (over ten years) and depreciated (7%)
capital cost of $1,519 for one application under this program.

6(c) Estimating Agency Burden

	EPA’s labor costs are based on the 2006 yearly wage rate for a GS-9,
Step 5 Engineer ($52,353) based in Ann Arbor, Michigan, and adjusted by
a factor of 1.24 (consistent with information from consultations in
preparation of ICR 0783.47) to account for benefits and overhead
($64,918), corresponding to an hourly rate of $32.21.  This rate was
obtained from the Office of Personnel Management.

6(d)	Estimating the Respondent Universe and Total Burden and 	Costs

	Based on the 1985 assessment mentioned earlier and comments from the
industry, EPA estimates that a manufacturer applying for aftermarket
part certification will spend 1,640 hours for an aftermarket part
certification application covering one part. This estimate included
1,460 hours for the five percent of all parts requiring durability
tests, rounded up to one part;  20 hours conducting emissions tests; 30
hours conducting the Federal Test Procedure (FTP); 122 hours of
reporting burdens; and 8 hours for recordkeeping. These numbers have
been updated to reflect current burden estimates for testing and to
cover one part only, for a total of 1,640 hours for one application in
the three year period, annualized to 547 hours per year, the majority of
which is a very generous allowance for durability testing, which, in
fact, would not apply to most applications.

	EPA does not expect to receive any application in the next three years.
 However for the purpose of this ICR, EPA is assuming that one
application will be received during that period and annualized the
burden estimates.

6(e) Bottom Line Burden Hours and Cost Tables

	(i) Respondent Tally (annualized)

		Number of Respondents: 1

		Total Hours per year: 547

		Total Labor Cost per year: $18,193

		Total Capital Costs per year: $1,519

		Total O&M Costs per year: $16

		Total Costs:  $19,728

	(ii) The Agency Tally (annualized)

		Number of Respondents: 1

		Total Hours per year: 4

		Total Labor Cost per year: $129

		Total Capital Costs per year: $0

		Total O&M Costs per year: $5

		Total Costs:  $134

6(f) Reasons for change in burden

	Hours have decreased from 1722 to 547 because of an inconsistency in
application in the last ICR of the 1985 cost study, whereby application
reporting costs were applied twice for two parts in one application, and
because the previous burden was not annualized. A minor adjustment in
the hours per test (30 hours rather than 20 per test) was also made.
Costs have been updated to reflect current labor rates at EPA and in the
industry, and a capital cost component was added for consistency with
other cost estimates for vehicle testing burdens.

6(g) Burden Statement

	The annual public reporting and recordkeeping burden for this
collection is estimated to average 258 hours per respondent.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.  An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations are listed in 40 CFR part
9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
OAR-2006-XXXX, which is available for public viewing at the Air and
Radiation Docket and Information Center in the EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays.  The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air and Radiation Docket and Information Center
is<PHONE_NUMBER>.  An electronic version of the public docket is
available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.
Use EDOCKET to submit or view public comments, access the index listing
of the contents of the public docket, and to access those documents in
the public docket that are available electronically.  Once in the
system, select “search,” then key in the docket ID number identified
above.  Also, you can send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW, Washington, DC 20503, Attention: Desk Office for EPA.  Please
include the EPA Docket ID No. OAR-2006-XXXX and OMB control number
(2060-0060) in any correspondence.

 PAGE

  PAGE   - 2 -