[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Notices]
[Page 13146-13147]
[DOCID:fr18mr10-104]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17Ad-2(c), (d), and (h); SEC File No. 270-149; OMB Control
No. 3235-0130.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (Commission) has submitted to the Office of Management and
Budget a request for approval of extension of the previously approved
collection of information provided for in Rule 17Ad-2(c), (d), and (h),
(17 CFR 240.17Ad-2(c), (d), and (h)), under the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.).
    Rule 17Ad-2(c), (d) and (h) enumerates the requirements with which
transfer agents must comply to inform the Commission or the appropriate
regulator of a transfer agent's failure to meet the minimum performance
standards set by the Commission rule by filing a notice.
    While it is estimated there are 740 transfer agents, approximately
five notices pursuant to Rule 17Ad-2(c), (d), and (h) are filed
annually. The estimated annual cost to respondents is minimal. In view
of: (a) The readily available nature of most of the information
required to be included in the notice (since that information must be
compiled and retained pursuant to other Commission rules); (b) the
summary fashion that such information must be presented in the notice
(most notices are one page or less in length); and (c) the experience
of the staff regarding the notices, the Commission staff estimates
that, on average, most notices require approximately one-half hour to
prepare. The Commission staff estimates that transfer agents spend an
average of two and a half hours per year complying with the rule.
    The retention period for the recordkeeping requirement under Rule

17Ad-2(c), (d), and (h) is not less than two years following the date
the notice is submitted. The recordkeeping requirement under this rule
is mandatory to assist the Commission in monitoring transfer agents who
fail to meet the minimum performance standards set by the Commission
rule. This rule does not involve the collection of confidential
information. Please note that a transfer agent is not required to file
under the rule unless it does not meet the minimum performance
standards for turnaround, processing or forwarding items received for
transfer during a month. Persons should note that 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 control
number.
    Comments should be directed to: (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher Director/Chief Information
Officer, Securities and Exchange Commission, c/o Shirley Martinson,
6432 General Green Way, Alexandria, VA 22312 or send an e-mail to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days
of this notice.

    Dated: March 11, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-5919 Filed 3-17-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Page 39152]
[FR Doc No: 2018-16881]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0008-N-6]

Approved Agency Information Collection Activities

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of Office of Management and Budget (OMB) Approval of
Revised Instructions for Form FRA F 6180.57 and Other Recent FRA
Information Collection OMB Approvals.

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SUMMARY: FRA announces that OMB approved the information collection
requests (ICRs) identified below for 3 years.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Room W33-497, Washington, DC 20590 (telephone: (202)
493-6292) or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Room W34-212, Washington, DC
20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: On June 6, 2018, OMB approved revised
instructions Form FRA F 6180.57, Highway-Rail Grade Crossing Accident/
Incident Report, for 3 years under OMB No. 2130-0500 (49 CFR part 225).
This latest approval authorizes FRA to capture information concerning
post-accident toxicological testing for certain human-factor highway-
rail grade crossing accidents and incidents in the narrative block of
this form. The newly revised 49 CFR 219.201, effective on June 12,
2017, requires post-accident toxicological testing of railroad
employees when at least one of five specific requirements is met for
certain human factor categories of highway-rail grade crossing
accidents and incidents. Additionally, under the Paperwork Reduction
Act of 1995 (PRA) and its implementing regulations, FRA announces that
OMB approved the renewal ICRs identified below for 3 years. These
renewal ICRs pertain to 49 CFR parts 213, 217, 218, 224, 227, 228, 229,
231, 232, 234, 237, 238, 239, 241, 242, 243, and 272. Finally, FRA
announces that OMB approved two study-related renewal ICRs for 3 years.
    The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5
CFR part 1320, require Federal agencies to display OMB control numbers
and inform respondents of their legal significance once OMB approval is
obtained. In the past 12 months, OMB approved the following renewal
information collections with the following new expiration dates: (1)
OMB No. 2130-0500 (49 CFR part 225) (Form FRA F 6180.55/55a/56/57/78/
81/98107/150)--June 30, 2021; (2) OMB No. 2130-0545, Passenger Train
Emergency Preparedness (49 CFR part 239)--July 31, 2020; (3) OMB No.
2130-0552, Locomotive Cab Sanitation Standards (49 CFR part 229)--July
31, 2020; (4) OMB No. 2130-0564, Locomotive Crashworthiness (49 CFR
part 229)--July 31, 2020; (5) OMB No. 2130-0602, Critical Incident
Stress Plans (49 CFR part 272)--August 31, 2020; (6) OMB No. 2130-0005,
Hours of Service Regulations (49 CFR part 228) (Form FRA F 6180.3)--
January 31, 2021; (7) OMB No. 2130-0566, Reflectorization of Freight
Rolling Stock (49 CFR part 224) (Form FRA F 6180.113)--November 30,
2020; (8) OMB No. 2130-0594, Railroad Safety Appliance Standards (49
CFR part 231)--October 31, 2020; (9) OMB No. 2130-0035, Railroad
Operating Rules (49 CFR parts 217 & 218)--February 28, 2021; (10) OMB
No. 2130-0592, Track Safety Standards; Concrete Crossties (49 CFR part
213)--February 28, 2021; (11) OMB No. 2130-0506, Identification of Cars
Moved in Accordance with 49 CFR 232.3(d) (Formerly Order 13528) (49 CFR
part 232)--March 31, 2021; (12) OMB No. 2130-0556, U.S. Locational
Requirement for Dispatching Rail Operations in the United States (49
CFR part 241)--April 30, 2021; (13) OMB No. 2130-0595, Safety and
Health Requirements Related to Camp Cars (49 CFR part 228)--April 30,
2021; (14) OMB No. 2130-0597, Training, Qualification, and Oversight
for Safety-Related Railroad Employees (49 CFR parts 213 & 243)--April
30, 2021; (15) OMB No. 2130-0571, Occupational Noise Exposure for
Railroad Operating Employees (49 CFR part 227)--May 31, 2021; and (16)
OMB No. 2130-0596, Conductor Certification (49 CFR part 242)--May 31,
2021.
    Additionally, in the last 18 months, OMB approved the following two
study-related renewal information collections with the following new
expiration dates: (1) OMB No. 2130-0617, Survey of Insular and Tourist
Railroads (49 CFR part 237) (email survey)--November 31, 2020; and (2)
OMB No. 2130-0622, Cab Technology Integration Lab (CTIL) Head-Up
Display Study (Forms FRA F 6180.170a; FRA F 6180.170b)--January 31,
2021.
    Persons affected by the above-referenced information collections
are not required to respond to any collection of information unless it
displays a currently valid OMB control number. These OMB approvals
certify FRA has complied with the provisions of the PRA (44 U.S.C.
3501-3520) and with 5 CFR 1320.5(b) informing the public about OMB's
approval of the information collection requirements of the above cited
forms, studies, and regulations.

    Authority:  44 U.S.C. 3501-3520.

Juan D. Reyes III,
Chief Counsel.
[FR Doc. 2018-16881 Filed 8-7-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4352-4353]
[FR Doc No: 2016-01394]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-330, OMB Control No. 3235-0645]

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Interactive Data

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    The ``Interactive Data'' collection of information requires issuers
filing registration statements under the Securities Act of 1933 (15
U.S.C. 77a et seq.) and reports under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) to submit specified financial information
to the Commission and post it on their corporate Web sites, if any, in
interactive data format using

eXtensible Business Reporting Language (XBRL). This collection of
information is located primarily in registration statement and report
exhibit provisions, which require interactive data, and Rule 405 of
Regulation S-T (17 CFR 232.405), which specifies how to submit and post
interactive data. The exhibit provisions are in Item 601(b)(101) of
Regulation S-K (17 CFR 229.601(b)(101)), Form F-10 under the Securities
Act (17 CFR 239.40) and Forms 20-F, 40-F and 6-K under the Exchange Act
(17 CFR 249.220f, 17 CFR 249.240f and 17 CFR 249.306).
    In interactive data format, financial statement information could
be downloaded directly into spreedsheets and analyzed in a variety of
ways using commercial off-the-shelf software. The specified financial
information already is and will continue to be required to be submitted
to the Commission in traditional format under existing requirements.
The purpose of the interactive data requirement is to make financial
information easier for investors to analyze and assist issuers in
automating regulatory filings and business information processing. We
estimate that 8601 respondents per year will each submit an average of
4.5 reponses per year for an estimated total of 38,705 responses. We
further estimate an internal burden of 56 hours per response for a
total annual internal burden of 2,167,480 hours (56 hours per response
x 38,705 responses).
    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 control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov .
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: January 20, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-01394 Filed 1-25-16; 8:45 am]
BILLING CODE 8011-01-P


Wednesday,

July 23, 2003 Part III Environmental Protection Agency Fifty Second Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments; Notice VerDate Jan< 31> 2003 14: 45 Jul 22, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\ FR\ FM\ 23JYN2. SGM 23JYN2 RECEIVED OPPT NCIC 2003 July 23 7: 22AM OPPT 2003 0026 0001 6pp 43608 Federal Register / Vol. 68, No. 141 / Wednesday, July 23, 2003 / Notices ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2003   0026; FRL   7314   4]

Fifty Second Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notice SUMMARY: The Toxic Substances Control Act ( TSCA) Interagency Testing Committee ( ITC) transmitted its Fifty Second Report to the Administrator of the EPA on May 30, 2003. In the 52nd ITC Report, which is included with this notice, the ITC is not revising the Priority Testing List. However, the ITC is revising the Voluntary Information Submissions Innovative Online Network ( VISION). In its 51st ITC Report, the ITC announced that it would consider revising its voluntary information submission procedures to encourage greater and more efficient use of its VISION. The ITC has reviewed its voluntary information submission procedures and considered industry comments discussed in the 51st ITC Report. At this time, the ITC is revising the VISION as outlined in the 52nd ITC Report, which is included in this notice and on the ITC web site.

DATES: Comments, identified by docket ID number OPPT   2003   0026, must be received on or before August 22, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For general information contact: Barbara Cunningham, Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov. For technical information contact: Dr. John D. Walker, ITC Director ( 7401), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 564   7527; fax: ( 202) 564   7528; email address: walker. johnd@ epa. gov.

SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This notice is directed to the public in general. It may, however, be of particular interest to you if you manufacture ( defined by statute to include import) and/ or process TSCAcovered chemicals and you may be identified by the North American Industrial Classification System ( NAICS) codes 325 ( Chemical Manufacturing) and 32411 ( Petroleum Refineries). Because this notice is directed to the general public and other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be interested in this action. 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.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0026. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. You may also access additional information about the ITC at http:// www. epa. gov/ opptintr/ itc/ or through the web site for the Office of Prevention, Pesticides and Toxic Substances ( OPPTS) at http:// www. epa. gov/ opptsfrs/ home/ opptsim. htm/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ 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. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, 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 in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical VerDate Jan< 31> 2003 14: 45 Jul 22, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\ FR\ FM\ 23JYN2. SGM 23JYN2 43609 Federal Register / Vol. 68, No. 141 / Wednesday, July 23, 2003 / Notices objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. 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 wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an e mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. 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. EPA's policy is that EPA will not edit your comment, and 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPPT   2003   0026. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to oppt. ncic@ epa. gov, Attention: Docket ID Number OPPT   2003   0026. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your email address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Document Control Office ( 7407M), Office of Pollution Prevention and Toxics ( OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. 3. By hand delivery or courier. Deliver your comments to: OPPT Document Control Office ( DCO) in EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number     OPPT   2003   0026. The DCO is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is ( 202) 564   8930.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

We invite you to provide your views and comments on the ITC 52nd Report. You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. Provide specific examples to illustrate your concerns. 5. Make sure to submit your comments by the deadline in this notice. 6. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Background The Toxic Substances Control Act ( TSCA) ( 15 U. S. C. 260l et seq.) authorizes the Administrator of the EPA to promulgate regulations under section 4( a) requiring testing of chemicals and chemical mixtures in order to develop data relevant to determining the risks that such chemicals and chemical mixtures may present to health or the environment. Section 4( e) of TSCA established the ITC to recommend chemicals and chemical mixtures to the Administrator of the EPA for priority testing consideration. Section 4( e) of TSCA directs the ITC to revise the TSCA section 4( e) Priority Testing List at least every 6 months.

A. The ITC's 52nd Report The 52nd ITC Report was transmitted to the EPA's Administrator on May 30, 2003, and is included in this notice. In the 52nd ITC Report, the ITC revises the VISION.

B. Status of the Priority Testing List The current TSCA 4( e) Priority Testing List as of May 2003 can be found in Table 1 of the 52nd ITC Report, which is included in this notice.

List of Subjects Environmental protection, Chemicals, Hazardous substances.

VerDate Jan< 31> 2003 14: 45 Jul 22, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\ FR\ FM\ 23JYN2. SGM 23JYN2 43610 Federal Register / Vol. 68, No. 141 / Wednesday, July 23, 2003 / Notices Dated: July 11, 2003.

Charles M. Auer,

Director, Office of Pollution Prevention and Toxics.

Fifty Second Report of the TSCA Interagency Testing Committee to the Administrator, U. S. Environmental Protection Agency Table of Contents Summary The TSCA Section 4( e) Priority Testing List ( May 2003) I. Background II. TSCA Section 8 Reporting A. TSCA Section 8 Reporting Rules B. ITC's Use of TSCA Section 8 and Other Information C. Previous and New Requests to Add Chemicals to TSCA Section 8( a) PAIR Rules D. Previous and New Requests to Add Chemicals to TSCA Section 8( d) HaSDR Rules III. ITC's Activities During this Reporting Period ( November 2002 to May 2003): Voluntary Information Submissions Innovative Online Network ( VISION) IV. Revisions to the TSCA Section 4( e) Priority Testing List A. Chemicals Added to the Priority Testing List B. Chemicals Removed From the Priority Testing List V. References VI. The TSCA Interagency Testing Committee SUMMARY In this 52nd ITC Report, the ITC is not revising the Priority Testing List. However, the ITC is revising the Voluntary Information Submissions Innovative Online Network ( VISION). The TSCA section 4( e) Priority Testing List is Table 1 of this unit.

TABLE 1.   THE TSCA SECTION 4( E) PRIORITY TESTING LIST ( MAY 2003)

ITC Report Date Chemical name/ Group Action 31 January 1993 13 Chemicals with insufficient dermal absorption rate data Designated 32 May 1993 16 Chemicals with insufficient dermal absorption rate data Designated 35 November 1994 4 Chemicals with insufficient dermal absorption rate data Designated 37 November 1995 2 Alkylphenols Recommended 41 November 1997 1 Alkylphenol Recommended 42 May 1998 3 Amino 5 mercapto 1,2,4 triazole Recommended 42 May 1998 Glycoluril Recommended 47 November 2000 9 Indium compounds Recommended 48 May 2001 Benzenamine, 3 chloro 2,6 dinitro N, N dipropyl 4 ( trifluoromethyl) Recommended 49 November 2001 Stannane, dimethylbis[( 1 oxoneodecyl) oxy] Recommended 50 May 2002 Benzene, 1,3,5 tribromo 2( 2 propenyloxy) Recommended 50 May 2002 1 Triazene, 1,3 diphenyl Recommended 51 November 2002 43 Vanadium compounds Recommended I. Background The ITC was established by section 4( e) of the Toxic Substances Control Act ( TSCA) `` to make recommendations to the Administrator respecting the chemical substances and mixtures to which the Administrator should give priority consideration for the promulgation of a rule for testing under section 4( a).... At least every six months ..., the Committee shall make such revisions to the Priority Testing List as it determines to be necessary and transmit them to the Administrator together with the Committee's reasons for the revisions'' ( Public Law 94   469, 90 Stat. 2003 et seq., 15 U. S. C. 2601 et seq.). Since its creation in 1976, the ITC has submitted 51 semi annual ( May and November) reports to the EPA Administrator transmitting the Priority Testing List and its revisions. ITC reports are available from the ITC's web site ( http:// www. epa. gov/ opptintr/ itc) within a few days of submission to the Administrator and from http:// www. epa. gov/ fedrgstr/ after publication in the Federal Register. The ITC meets monthly and produces its revisions to the Priority Testing List with administrative and technical support from the ITC Staff and ITC Members and their U. S. Government organizations and contract support provided by EPA. ITC Members and Staff are listed at the end of this report.

II. TSCA Section 8 Reporting A. TSCA Section 8 Reporting Rules Following receipt of the ITC's report ( and the revised Priority Testing List) by the EPA Administrator, the EPA's Office of Pollution Prevention and Toxics ( OPPT) appends the chemicals added to the Priority Testing List to TSCA section 8( a) Preliminary Assessment Information Reporting ( PAIR) and TSCA section 8( d) Health and Safety Data Reporting ( HaSDR) rules. The PAIR rule requires producers and importers of Chemical Abstract Service ( CAS) numbered chemicals added to the Priority Testing List to submit production and exposure reports ( http:// www. epa. gov/ opptintr/ chemtest/ pairform. pdf). The HaSDR rule requires producers, importers, and processors of all chemicals ( including those with no CAS numbers) added to the Priority Testing List to submit unpublished health and safety studies under TSCA section 8( d) that must be in compliance with the revised HaSDR rule. ( Ref. 1) All submissions must be received by the EPA within 90 days of the reporting rules Federal Register publication date. The reporting rules are automatically promulgated by OPPT unless otherwise requested by the ITC.

B. ITC's Use of TSCA Section 8 and Other Information The ITC reviews the TSCA section 8( a) PAIR rule reports, TSCA section 8( d) HaSDR rule studies and other information that becomes available after the ITC adds chemicals to the Priority Testing List. Other information includes TSCA section 4( a) studies, TSCA section 8( c) submissions, TSCA section 8( e) `` substantial risk'' notices, `` For Your Information'' ( FYI) submissions, unpublished data submitted to and from U. S. Government organizations represented on the ITC, published papers, as well as use, exposure, effects, and persistence data that VerDate Jan< 31> 2003 14: 45 Jul 22, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\ FR\ FM\ 23JYN2. SGM 23JYN2 43611 Federal Register / Vol. 68, No. 141 / Wednesday, July 23, 2003 / Notices are voluntarily submitted to the ITC by manufacturers, importers, processors, and users of chemicals recommended by the ITC. The ITC reviews this information and determines if data needs should be revised, if chemicals should be removed from the Priority Testing List or if recommendations should be changed to designations. To avoid duplicate reporting, the ITC carefully coordinates its information solicitations and reporting requirements with other national and international testing programs, e. g., the National Toxicology Program ( NTP) ( http:// ntp server. niehs. nih. gov/), the Organization for Economic Cooperation and Development ( OECD) Screening Information Data Set ( SIDS) Program ( http:// www. oecd. org) and EPA's High Production Volume ( HPV) Challenge Program ( http:// www. epa. gov/ opptintr/ chemrtk/ volchall. htm).

C. Previous and New Requests to Add Chemicals to TSCA Section 8( a) PAIR Rules The following chemicals will be added to a TSCA section 8( a) PAIR rule: Benzenamine, 3 chloro 2,6 dinitro N, N dipropyl 4 ( trifluoromethyl) ( CAS No. 29091   20   1) ( Ref. 2); stannane, dimethylbis[( 1 oxoneodecyl) oxy] ( CAS No. 68928   76   7), benzene, 1,3,5 tribromo 2( 2 propenyloxy) ( CAS No. 3278   89   5) and 1 triazene, 1,3 diphenyl ( CAS No. 136 35 6) ( Ref. 3); and 43 vanadium compounds ( Ref. 4). At this time, there are no new requests to add chemicals to the TSCA section 8( a) PAIR rule.

D. Previous and New Requests to Add Chemicals to TSCA Section 8( d) HaSDR Rules The ITC has requested in previous reports to the EPA Adminstrator that the following chemicals be added to TSCA section 8( d) HaSDR rules: H 1,2,4 triazole 3 thione, 5 amino 1,2 dihydro ( 3 amino 5 mercapto 1,2,4 triazole) ( CAS No. 16691   43   3) and imidazol[ 4,5 d] imidazole 2,5( 1H, 3H) dione, tetrahydro ( glycoluril) ( CAS No. 496   46   8) ( Ref. 5); 9 indium compounds ( Ref. 6); benzenamine, 3 chloro 2,6 dinitro N, Ndipropyl 4( trifluoromethyl) ( CAS No. 29091   20   1) ( Ref. 2); and stannane, dimethylbis[( 1 oxoneodecyl) oxy] ( CAS No. 68928   76   7), benzene, 1,3,5 tribromo 2( 2 propenyloxy) ( CAS No. 3278   89   5) and 1 triazene, 1,3 diphenyl ( CAS No. 136   35   6) ( Ref. 3). At this time, the ITC is requesting that the EPA not add vanadium compounds to the TSCA section 8( d) HaSDR rule to allow producers and importers of vanadium compounds an opportunity to voluntarily provide the information requested in section IV. A. 3. of the 51st ITC Report ( Ref. 4). For 3H 1,2,4 triazole 3 thione, 5 amino 1,2 dihydro ( 3 amino 5 mercapto 1,2,4 triazole) and imidazo[ 4,5 d] imidazole 2,5 ( 1H, 3H) dione, tetrahydro ( glycoluril), the ITC requests that the TSCA section 8( d) HaSDR rule require the submission of pharmacokinetics, subchronic toxicity, immunotoxicity, genotoxicity, carcinogenicity, reproductive effects and developmental toxicity, and ecological effects studies. Only studies for which 3 amino 5 mercapto 1,2,4 triazole or glycoluril is   90% of the test substance by weight should be submitted. For the 9 indium compounds remaining on the Priority Testing List, the ITC requests that the TSCA section 8( d) HaSDR rule require the submission of pharmacokinetics, genotoxicity, subchronic and chronic toxicity, reproductive effects and developmental toxicity studies. Only studies where indium compounds are   90% of the test substance by weight should be submitted. Indium tin oxide was inadvertently listed in the 51st ITC Report with CAS No. 17906   67   7. The correct CAS number for indium tin oxide is 50926   11   9 as listed in the 47th ITC Report. Indium tin oxide with CAS No. 50926   11   9 will be added to the TSCA section 8( d) HaSDR rule. For benzenamine, 3 chloro 2,6 dinitro N, N dipropyl 4 ( trifluoromethyl), the ITC requests that the TSCA section 8( d) HaSDR rule require the submission of biodegradation, bioconcentration, pharmacokinetics, subchronic toxicity, mutagenicity, reproductive effects and developmental toxicity, carcinogenicity, and ecological effects studies. Only studies where benzenamine, 3 chloro 2,6 dinitro N, Ndipropyl 4 ( trifluoromethyl) is   90% of the test substance by weight should be submitted. For stannane, dimethylbis[( 1 oxoneodecyl) oxy], the ITC requests that the TSCA section 8( d) HaSDR rule require the submission of hydrolysis, biodegradation, bioconcentration, pharmacokinetics, subchronic toxicity, mutagenicity, neurotoxicity, reproductive effects and developmental toxicity, carcinogenicity, and ecological effects studies. Only studies where stannane, dimethylbis[( 1 oxoneodecyl) oxy] is   90% of the test substance by weight should be submitted. For benzene, 1,3,5 tribromo 2( 2 propenyloxy), the ITC requests that the TSCA section 8( d) HaSDR rule require the submission of biodegradation, bioconcentration, pharmacokinetics, subchronic toxicity, neurotoxicity, reproductive effects and developmental toxicity, carcinogenicity, and ecological effects studies. Only studies where benzene, 1,3,5 tribromo 2( 2 propenyloxy) is   90% of the test substance by weight should be submitted. For 1 triazene, 1,3 diphenyl, the ITC requests that the TSCA section 8( d) HaSDR rule require the submission of pharmacokinetics, genotoxicity, subchronic and chronic toxicity, reproductive effects and developmental toxicity studies. Only studies where 1 triazene, 1,3 diphenyl is   90% of the test substance by weight should be submitted. At this time, there are no new requests to add chemicals to the TSCA Section 8( a) HaSDR Rule.

III. ITC's Activities During this Reporting Period ( November 2002 to May 2003): Voluntary Information Submissions Innovative Online Network ( VISION)

In its 51st ITC Report, the ITC announced that it would consider revising its voluntary information submission procedures to encourage greater and more efficient use of its VISION. The ITC has reviewed its voluntary information submission procedures and considered industry comments discussed in the 51st ITC Report. At this time, the ITC is revising the VISION as outlined in this unit. The revised VISION will be accessible on the ITC web site following submission of this 52nd ITC Report to the EPA Administrator. 1. The ITC will continue to acknowledge trade organizations and companies that voluntarily submit information in response to an ITC solicitation. During this reporting period, the ITC acknowledges the voluntary submissions of information from the Color Pigments Manufacturers Association on DEBITS chemicals and vanadium compounds and from the Indium Corporation of America on indium compounds as requested in previous ITC reports. 2. The ITC has requested that the EPA include ITC's solicitations for voluntary information submissions in the summary and body of the preambles that are prepared for publication of the ITC's reports in the Federal Register. This change should allow companies to readily determine if the ITC is soliciting voluntary information for chemicals they produce or import. 3. The ITC will notify major chemical trade associations by e mail that new ITC reports have been posted to the ITC's web site ( http:/ / www. epa. gov/ opptintr/ itc/). The e mails will include a summary of the report and announcements of new information solicitations. This change should increase awareness of the ITC information solicitations and encourage voluntary submission of data. 4. The voluntary information submissions should be submitted within 90 days of the date the ITC report is published in the Federal Register. Failure to voluntarily submit information in a timely manner may lead ITC to request that the EPA promulgate the appropriate TSCA section 8( a) and 8( d) reporting rules in a subsequent report to the EPA Administrator. 5. The ITC will accept hard copy or electronic voluntary information submissions. All submissions should be titled as ITC FYI and should bear the document control number or document ID number of the ITC report for which the submission is being provided, e. g., the docket ID number for the 50th ITC Report is OPPT 2002 0026. Confidential Business Information ( CBI) must be submitted as hard copies. Both sanitized ( no CBI) and unsanitized ( CBI) versions must be provided. 6. Information submitted voluntarily will not have to be re submitted under a TSCA section 8( d) rule. 7. Voluntary information may be submitted by mail, in person or by courier, or electronically. a. By mail. Document Control Office ( 7407), Office of Pollution Prevention and Toxics ( OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. b. In person or by courier. OPPT Document Control Office ( DCO) in EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. The DCO is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is ( 202) 564   8930.

VerDate Jan< 31> 2003 14: 45 Jul 22, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\ FR\ FM\ 23JYN2. SGM 23JYN2 43612 Federal Register / Vol. 68, No. 141 / Wednesday, July 23, 2003 / Notices c. Electronically. By e mail to: oppt. ncic@ epa. gov, or mail your computer disk to the address identified above. Do not submit any information electronically that you consider to be CBI. Electronic voluntary information submissions may be submitted as Microsoft Word, WordPerfect, Excel, Integrated Scientific Information System ( ISIS) Base, or pdf ( portable document format) files. 8. To assure rapid review, copies of all CBI and non CBI voluntary information submissions should also be sent to: John D. Walker, ITC Director, Office Pollution Prevention Toxic ( 7401), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; e mail: walker. johnd@ epa. gov. The ITC is continuing to discuss changes to the Electronic Health and Safety Data Reporting Form with the EPA along with other ways to improve electronic reporting of health and safety studies. To supplement the efforts to obtain studies in electronic format through VISION, the ITC Staff will continue to contact the producers and importers of ITC recommended chemicals to obtain voluntary information submissions.

IV. Revisions to the TSCA Section 4( e) Priority Testing List A. Chemicals Added to the Priority Testing List At this time the ITC is not adding any chemicals to the Priority Testing List.

B. Chemicals Removed From the Priority Testing List At this time the ITC is not removing any chemicals from the Priority Testing List.

V. References 1. EPA. 1998. Revisions to Reporting Regulations Under TSCA Section 8( d) ( 63 FR 15765, April 1, 1998) ( FRL   5750   4). Available online at: http:// www. epa. gov/ fedrgstr/. 2. ITC. 2001. Forty Eighth Report of the ITC. Federal Register ( 66 FR 51276, October 5, 2001) ( FRL   6786   7). Available online at: http:// www. epa. gov/ fedrgstr/. 3. ITC. 2002. Fiftieth Report of the ITC. Federal Register ( 67 FR 49530, July 30, 2002) ( FRL   7183   7). Available online at: http:// www. epa. gov/ fedrgstr/. 4. ITC. 2003. Fifty First Report of the ITC. Federal Register ( 68 FR 8976, February 26, 2003) ( FRL   7285   7). Available online at: http:// www. epa. gov/ fedrgstr/. 5. ITC. 1998. Forty Second Report of the ITC. Federal Register ( 63 FR 42554, August 7, 1998) ( FRL   5797   8). Available online at: http:// www. epa. gov/ fedrgstr/. 6. ITC. 2001. Forty Seven Report of the ITC. Federal Register ( 66 FR 17768, April 3, 2001) ( FRL   6763   6). Available online at: http:// www. epa. gov/ fedrgstr/.

VI. The TSCA Interagency Testing Committee Statutory Organizations and Their Representatives Council on Environmental Quality Vacant Department of Commerce National Institute of Standards and Technology Robert Huie, Member Barbara C. Levin, Alternate National Oceanographic and Atmospheric Administration Thomas P. O'Connor, Member, Vice Chair Teri Rowles, Alternate Environmental Protection Agency Gerry Brown, Member Paul Campanella, Alternate National Cancer Institute Alan Poland, Member David Longfellow, Alternate National Institute of Environmental Health Sciences Scott Masten, Member William Eastin, Alternate National Institute for Occupational Safety and Health Mark Toraason, Member, Chair Dennis W. Lynch, Alternate National Science Foundation Marge Cavanaugh, Member Parag R. Chitnis, Alternate Occupational Safety and Health Administration Val H. Schaeffer, Member Lyn Penniman, Alternate Liaison Organizations and Their Representatives Agency for Toxic Substances and Disease Registry William Cibulas, Member Daphne Moffett, Alternate Consumer Product Safety Commission Treye Thomas, Member Jacqueline Ferrante, Alternate Department of Agriculture Clifford P. Rice, Member Laura L. McConnell, Alternate Department of Defense Barbara Larcom, Member Warren Jederberg, Alternate Jose ´ Centeno, Alternate Department of the Interior Barnett A. Rattner, Member Food and Drug Administration David Hatten, Member Kirk Arvidson, Alternate Ronald F. Chanderbhan, Alternate National Library of Medicine Vera W. Hudson, Member National Toxicology Program NIEHS, FDA, and NIOSH Members Technical Support Contractor Syracuse Research Corporation ITC Staff John D. Walker, Director Norma S. L. Williams, Executive Assistant TSCA Interagency Testing Committee, Office of Pollution Prevention and Toxics ( 7401), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 564   7527; fax number: ( 202) 564   7528; e mail address: williams. norma@ epa. gov; url: http:// www. epa. gov/ opptintr/ itc.

[ FR Doc. 03   18615 Filed 7   22   03; 8: 45 am]

BILLING CODE 6560   50   S VerDate Jan< 31> 2003 14: 45 Jul 22, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\ FR\ FM\ 23JYN2. SGM 23JYN2


[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Page 38136]
[FR Doc No: 2018-16630]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR18-29-000]

Sunrise Pipeline LLC; Notice of Petition For Declaratory Order

    Take notice that on July 24, 2018, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2017), Sunrise Pipeline
LLC (Sunrise or Petitioner), filed a petition for a declaratory order
seeking approval of the overall tariff rate structure and terms and
conditions of service, including the proposed prorationing methodology
and aspects of the Transportation Services Agreement terms for the
Sunrise Pipeline, which will be developed by building new pipeline
facilities with origin points in the Permian Basin at Midland, Texas
and Colorado City, Texas, and by leasing both newly expanded pipeline
capacity, as well as existing, but underutilized pipeline capacity that
will be leased from Plains Pipeline, L.P. (Plains), on segments of
pipeline that Plains owns that extend from Wichita Falls, Texas to
Cushing, Oklahoma. Plains, the parent company of Sunrise, will be the
operator of the subject Pipeline, which will be owned by Sunrise, all
as more fully explained in the petition.
    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 Petitioner.
    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 5 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 website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on August 24, 2018.

    Dated: July 26, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16630 Filed 8-2-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Proposed Rules]
[Pages 50816-50817]
[FR Doc No: 2015-20628]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0564; FRL-9932-82-Region 7]

Approval and Promulgation of Air Quality Implementation Plans;
State of Kansas; Cross State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) for the State
of Kansas submitted on March 30, 2015. This SIP revision provides
Kansas' state-determined allowance allocations for existing electric
generating units (EGUs) in the State for the 2016 control periods and
replaces the allowance allocations for the 2016 control periods
established by EPA under the Cross-State Air Pollution Rule (CSAPR).
The CSAPR addresses the ``good neighbor'' provision of the Clean Air
Act (CAA or Act) that requires states to reduce the transport of
pollution that significantly affects downwind nonattainment and
maintenance areas. EPA is proposing to approve Kansas' SIP revision,
incorporate the state-determined allocations for the 2016 control
periods into the SIP, and amend the regulatory text of the CSAPR
Federal Implementation Plan (FIP) to reflect approval and inclusion of
the state-determined allocations. EPA is proposing to approve Kansas'
SIP revision because it meets the requirements of the CAA and the CSAPR
requirements to replace EPA's allowance allocations for the 2016
control periods. This action is being proposed pursuant to the CAA and
its implementing regulations. EPA's allocations of CSAPR trading
program allowances for Kansas for control periods in 2017 and beyond
remain in place until the State submits and EPA approves state-
determined allowance allocations for those control periods through
another SIP revision. The CSAPR FIPs for Kansas remain in place until
such time as the State decides to replace the FIPs with a SIP revision.

DATES: Comments on this proposed action must be received in writing by
September 21, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0564, by mail to Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Comments may also be submitted electronically or
through hand delivery/courier by following the detailed instructions in
the ADDRESSES section of the direct final rule located in the rules
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the state's SIP revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial revision amendment and anticipates no relevant adverse
comments to this action. A detailed rationale for the approval is set
forth in the direct final rule. If no relevant adverse comments are
received in response to this action, no further activity is
contemplated in relation to this action. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed action. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on part of this rule and if that part can be severed
from the remainder of the rule, EPA may adopt as final those parts of
the rule that

are not the subject of an adverse comment. For additional information,
see the direct final rule which is located in the rules section of this
Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxides.

    Dated: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
[FR Doc. 2015-20628 Filed 8-20-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25007-25008]
[FR Doc No: 2022-08970]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 309-072]

Brookfield Renewable Power Piney & Deep Creek, LLC Notice of
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment Application Requesting to close
Piney Park during construction activities.

    b. Project No: 309-072.
    c. Date Filed: April 7, 2022.
    d. Applicant: Brookfield Renewable Power Piney & Deep Creek, LLC.
    e. Name of Project: Piney Hydroelectric Project.
    f. Location: The project is located on the Clarion River in Clarion
County, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Adam C. Slowik, Compliance Specialist,
Brookfield Renewable, 482 Old Holtwood Road, Holtwood, PA 17532, (717)
284-6218, [email protected].
    i. FERC Contact: Mary Karwoski,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: May 23, 2022.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests 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<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-309-072. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee requests a variance from
Article 405 which requires, in part, the licensee to operate and
maintain the Piney Park recreation site. The licensee is planning to
temporarily close Pine Park from May 2022 through November 2023 to
facilitate the construction of gate and hoist modifications on the
project dam. The licensee intends to use the lower parking area as a
staging and for construction access. The temporary closure of Piney
Park is required due to the single entrance/exit to the area and for
public safety. The licensee will post signage, as well as notify the
local Chamber of Commerce, directing the public to nearby Clarion
County Park.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 21, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08970 Filed 4-26-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 13, 2009 (Volume 74, Number 196)]
[Rules and Regulations]
[Page 52413-52418]
[DOCID:fr13oc09-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 155 and 157; 46 CFR Part 162

[Docket No. USCG-2004-18939]
RIN 1625-AA90

Pollution Prevention Equipment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is finalizing its January 16, 2009, interim
rule establishing oil pollution prevention equipment requirements with
one minor amendment to the rule's effective date for vessels with
equipment installed on or after January 1, 2005. The rule harmonizes
Coast Guard regulations with new International Maritime Organization
(IMO) guidelines and specifications issued under the International
Convention for the Prevention of Pollution from Ships (MARPOL) Annex I.
It implements these MARPOL Annex I regulations and, ultimately, is
intended to reduce the amount of oil discharged from vessels and
eliminate the use of ozone-depleting solvents in equipment tests. All
vessels replacing or installing oily-water separators and bilge alarms
must install equipment that meets these revised standards. Newly
constructed vessels carrying oil in bulk must install monitoring
systems that meet the revised standards.

DATES: This final rule is effective November 12, 2009, except that
paragraphs 33 CFR 155.350(a)(3), 155.360(a)(2), and 155.370(a)(4) are
effective October 13, 2009. The incorporation by reference of certain
publications listed in the rule is approved by the Director of the
Federal Register on November 12, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2004-18939 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2004-18939 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Wayne Lundy, Systems Engineering Division (CG-5213),
Office of Design and Engineering Standards, U.S. Coast Guard, telephone
202-372-1379, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Abbreviations
II. Regulatory History
III. Background and Purpose
IV. Discussion of Comments and Changes
V. Incorporation by Reference
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IMO International Maritime Organization
IOPP International Oil Pollution Prevention
ISO International Organization for Standardization
MARPOL International Convention for the Prevention of Pollution from
Ships
MEPC Marine Environment Protection Committee
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act

OMB Office of Management and Budget
OWS Oily-Water Separator
PPM Parts Per Million
Sec.  Section symbol
U.S.C. United States Code

II. Regulatory History

    On November 3, 2005, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Pollution Prevention Equipment'' in the
Federal Register (70 FR 67066).\1\ We received 17 letters containing 80
comments on the proposed rule. The comments did not request a public
meeting and none was held.
---------------------------------------------------------------------------

    \1\ On December 15, 2005, the Coast Guard published a correction
notice in the Federal Register (70 FR 74259). The NPRM, as
published, contained the phrase ``must be limited'' at two points,
once in the preamble and once in the regulatory text. We deleted
that phrase because it was inserted by error and could have confused
readers.
---------------------------------------------------------------------------

    On January 16, 2009, the Coast Guard published an interim rule (74
FR 3364) that updated references for the international standard for
pollution prevention equipment from the International Maritime
Organization's Marine Environment Protection Committee resolution,
MEPC.60(33) to the new international standard in MEPC.107(49) and
addressed the 80 comments on the NPRM. With the interim rule we also
sought comment on three paragraphs: 33 CFR 155.350(a)(3),
155.360(a)(2), and 155.370(a)(4), which proposed requiring any
pollution prevention equipment installed on or after January 1, 2005,
that does not comply with MEPC.107(49), which became an international
requirement on January 1, 2005, to be replaced with pollution
prevention equipment that does comply with the MEPC.107(49) standard.
These three paragraphs were not included in the NPRM, and we solicited
public comment on them in the interim rule. We received five comments,
which are discussed below in IV. Discussion of Comments and Changes.
    The interim rule, with the exception of the three paragraphs,
became effective on March 17, 2009. Under the interim rule, the three
paragraphs regarding equipment installed on or after January 1, 2005,
were set to become effective on October 13, 2009. Under this final
rule, however, the three paragraphs as amended by the final rule are
effective October 13, 2009. The Coast Guard is making these paragraphs
effective less than 30 days after publication in the Federal Register
in accordance with 5 U.S.C. 553(d)(1) and (3) because the three
paragraphs relieve a restriction otherwise imposed by the interim rule
that would take effect within 30 days of publication of this final
rule. Specifically, the three paragraphs relieve the burden on ship
owners with equipment installed on or after January 1, 2005, from
having to comply with the rule's requirements by October 13, 2009, and
instead add a compliance date tied to the vessel's drydock or vessel
survey schedule, as applicable. Requiring ship owners to comply with
these requirements on October 13, 2009, until an effective date thirty
days after the publication of this final rule would cause unnecessary
burdens and confusion and, therefore, would be impracticable and
contrary to the public interest. As such, the Coast Guard has
determined that it has good cause for immediate implementation of these
three paragraphs. The remaining provisions of this final rule become
effective 30 days after publication in the Federal Register.

III. Background and Purpose

    The discussion of the background that follows largely repeats the
discussion of the background and purpose set forth in the interim rule.
    This final rule will implement international standards for oil
pollution prevention equipment designed for ships and oil tankers.
These standards address the testing, certification, and approval for
oil pollution prevention equipment, including discharge monitors, which
will help prevent oily discharges from a ship into the water.

A. Types of Equipment

    There are three types of equipment involved in this rulemaking that
deal with oil, water, and other substances:
    A bilge separator (also referred to as oily-water separator), is
designed to produce an effluent from the bilge of ships with oil
content of 15 parts per million (ppm) or less; and
    A bilge alarm is designed to activate an automatic stopping device
when the oil content concentration of an effluent exceeds 15 ppm, and
thus stop any discharge overboard of oily mixtures with an oil content
exceeding 15 ppm.
    An oil content meter (hereinafter ``meter'') is a piece of
equipment in an oil discharge monitoring and control system
(hereinafter ``monitoring system'') on an oil tanker. The system
processes oil-tanker ballast and tank-washing water and monitors the
discharge into the sea of oily ballast or other oil-contaminated water
effluent from the cargo tank areas. The meter measures the oil content
of the effluent in ppm.

B. Authority

    Under the Act to Prevent Pollution from Ships, Public Law 96-478,
sections 2 and 4, 94 Stat. 2297, 2298 (Oct. 21, 1980), 33 U.S.C. 1901
and 1903, the Secretary of the Department in which the Coast Guard is
operating is authorized to prescribe any necessary or desired
regulations to carry out the provisions of the Act and of Annex I
(Regulations for the prevention of pollution by oil) of the
International Convention for the Prevention of Pollution from Ships,
1973, as modified by the Protocol of 1978 relating to that Convention
(MARPOL 73/78). Under the Act of August 26, 1983, Public Law 98-89, 97
Stat. 500, 504, 522, subtitle II of title 46 of the U.S. Code (46
U.S.C.), specifically 46 U.S.C. 3703, the Secretary of the Department
in which the Coast Guard is operating is authorized to issue equipment
regulations, and related maintenance and training regulations for
vessels carrying liquid bulk dangerous cargo, including oil. Authority
under both of these acts has been delegated to the Coast Guard under
Department of Homeland Security Delegation No. 0170.1 II(77) and
(92)(b).

C. International Standards Being Implemented

    This rulemaking implements revisions to the international oil
pollution prevention standards for ships in MARPOL Annex I,
specifically regulations 14, 18, and 31. Under Article 38 of the
Convention on the International Maritime Organization (IMO), the IMO
Marine Environment Protection Committee (Committee) is designated to
consider IMO matters involving the prevention and control of marine
pollution from ships.
    In 1992, during its 33rd session, the Committee adopted a
resolution, MEPC.60(33), containing guidelines and specifications for
pollution prevention equipment for machinery space bilges of ships. In
2003, recognizing the advancement of technology since 1992, the
Committee adopted resolution MEPC.107(49), which contained new
guidelines and specifications that superseded those adopted in 1992.
    The MEPC.107(49) changed the fluids used to test pollution
prevention equipment so they would more closely represent the bilge
wastes encountered on vessels. Emulsified oil in water, surfactants
(for example, detergents), and other contaminants are typically found
in bilge water. Under MEPC.107(49), the bilge separator must be capable
of separating the oil from the

emulsion to produce an effluent with an oil content not exceeding 15
ppm.
    The MEPC.107(49) also changed the method by which oil content is
measured in effluent samples during the approval process. Past methods
permitted the use of ozone-depleting solvents, specifically carbon
tetrachloride and Freon 113 (CFC 113). Both an international treaty and
United States laws call for phasing out the use of these solvents. See
the Montreal Protocol on Substances that Deplete the Ozone Layer,
(``Montreal Protocol''), Sept. 16, 1987, 26 I.L.M. 1550, and Title VI
of the Clean Air Act, 42 U.S.C. 7671-7671q. Accordingly, MEPC.107(49)
specifies a different test method that does not use ozone-depleting
solvents.
    The MEPC.107(49) guidelines and specifications were incorporated
into Annex I after the 2004 adoption of resolution MEPC.117(52), which
led to the revision of MARPOL Annex I. On January 1, 2007, the revised
Annex I came into force. Resolution MEPC.107(49) is incorporated into
Regulation 14 (Oil filtering equipment) of the revised Annex I.
    Additionally, in 2003, the Committee also adopted resolution
MEPC.108(49), which revised guidelines and specifications for oil
discharge monitoring and control systems for oil tankers constructed
after 2004. These new guidelines and specifications were incorporated
into Regulations 18 (Segregated Ballast Tanks) and 31 (Oil discharge
monitoring and control system) of the revised Annex I and apply to oil
content meters as part of oil discharge monitoring and control systems
installed on tankers constructed after 2004.
    The new MEPC.108(49) guidelines and specifications call for:
     Only one category of a monitoring system to apply to all
tankers of 150 gross tonnage and above;
     The monitoring system to be able to record position
(latitude and longitude) from a vessel-position indicating device,
allowing more accurate input of speed parameters;
     Greater control of oil mixture discharges by tightening
the accuracy requirements for both the oil content meter and the flow
meter; and
     A more objective specification for identifying crude oils:
simply by number and assigned characteristics and parameters--such as
density, viscosity, and cloud point--rather than geographical
denominations used in Resolution A.586(14). See IMO Subcommittee on
Ship Design and Equipment Report to the Maritime Safety Committee, DE
46/32 at 12 & 13 (April 4, 2003).

IV. Discussion of Comments and Changes

    In response to our request for comments on the three paragraphs--33
CFR 155.350(a)(3), 155.360(a)(2), and 155.370(a)(4)--in the interim
rule, we received five comments from three commenters. One comment was
submitted jointly by two commenters who generally agree with the
interim rule, but suggest that the Coast Guard adopt a pollution
standard stricter than the 15 ppm set forth in MARPOL Annex I. While
the Coast Guard appreciates the support for the interim rule, the
commenters' suggestion to adopt a maximum oil discharge limit lower
than 15 ppm is outside the jurisdiction of the Coast Guard.
    The four remaining comments came from a manufacturer, and one of
his comments specifically addressed 33 CFR 155.350(a)(3), one of the
three delayed-effective date paragraphs on which we sought public
comment in the interim rule. The three other comments sought
clarification to other aspects of the interim rule. The Coast Guard
provided the below responses to these four comments in direct
communications to the manufacturer, unless noted otherwise. A summary
and the substance of those communications are available in the docket
where indicated under ADDRESSES.
    Regarding 33 CFR 155.350(a)(3), the commenter asked for
clarification on when ship owners would have to comply with the
requirement set forth in paragraph (a)(3), which will become effective
on October 13, 2009. The commenter noted that it appears this paragraph
requires all equipment installed after 2004 to be supplied or upgraded
to satisfy these new international standards in MEPC.107(49), and asked
if this needs to be accomplished by October 13. The Coast Guard's
initial response in a direct communication to the manufacturer, which
is included in the docket, deferred addressing this comment until the
close of the comment period.
    The Coast Guard recognizes that it may not be feasible for ship
owners to comply with the requirements in Sec.  155.350(a)(3) by
October 13, and in response to this comment, we are adding an
implementation period to allow ship owners to budget and plan for the
work required to comply. Under revised paragraph (a)(3), a vessel owner
must install equipment meeting the new requirements in MEPC.107(49) by
one of two dates, as set forth in new paragraphs (a)(3)(i) and
(a)(3)(ii): either the date of the vessel's first drydock following
October 13, 2009, or for those vessels going into international service
for the first time since January 2005, the date of its first survey
prior to receiving its International Oil Pollution Prevention (IOPP)
certificate. The Coast Guard is making the same change to paragraphs
155.360(a)(2) and 155.370(a)(4).
    The manufacturer's second comment requested clarification on the
interim rule's affect on his backlog of equipment that complies with
the older international standard, MEPC.60(33), and is ordered but not
yet installed. The commenter noted that the interim rule may preclude
the installation of any MEPC.60(33) equipment after March 17, 2009.
    The Coast Guard's response to this comment is that equipment that
has not been physically installed must comply with the current
regulations, i.e., the MEPC.107(49) standard.
    The commenter's third comment asked for clarification of whether,
under the interim rule, bilge alarms replaced after March 17, 2009, on
separators installed prior to January 1, 2005, must be replaced with
bilge alarms complying with the revised 46 CFR 162.050 specifications.
The Coast Guard notes this comment concerns what is meant by the term
``good working order.''
    After March 17, 2009, if a bilge alarm approved to MEPC.60(33)
needs to be replaced, then it may be replaced by a bilge alarm approved
to MEPC.60(33), but only for separators approved to MEPC.60(33) that
were installed on the ship prior to January 1, 2005. This is allowed in
recognition of the need for compatibility between the separator and
bilge alarm, as well the relative ease to replace a bilge alarm.
Separators approved to MEPC.60(33) that were installed on the ship
prior to January 1, 2005, may continue to be used as long as they are
maintained in good working order, which includes basic or routine
maintenance and repair of such separators as well as replacement of
components and consumables. If, however, a separator approved to
MEPC.60(33) needs to be replaced, regardless of when it was installed
on the ship, then it must be replaced with a separator approved to
MEPC.107(49). In this case, the separator approved to MEPC.107(49) must
also have a bilge alarm approved to MEPC.107(49).
    Finally, the commenter's fourth comment sought confirmation that
the definition of the term ``expired'' as used in the preamble to the
interim rule (74 FR 3375) has the same meaning as ``expired'' on the
United States Coast Guard Maritime Information Exchange Web site,
Approved Equipment

Definitions. http://cgmix.uscg.mil/Equipment/Definitions.aspx.\2\
---------------------------------------------------------------------------

    \2\ ``EXPIRED--Product's approval has expired, and the approval
holder has not notified us whether it should be extended or
terminated. Pending resolution of its status, the product is no
longer approved for production. Items manufactured prior to
expiration of the approval are considered APPROVED.''
---------------------------------------------------------------------------

    The Coast Guard response to this comment is that a bilge alarm or
separator installed on a ship on or after January 1, 2005, but not
having approval under MEPC.107(49), is subject to the requirements of
33 CFR 155.350, 155.360, and 155.370, (see 74 FR 3363 and 74 FR 6358),
namely the requirement to be replaced by equipment approved under
MEPC.107(49) unless it is determined to be unreasonable or
impracticable. Bilge alarms and separators installed prior to January
1, 2005, having a Certificate of Approval issued by the Coast Guard,
can remain installed on the ship as long as they are maintained in good
working order. Please note: A Certificate of Approval is issued by the
Coast Guard to a manufacturer usually for a period of five years. This
five-year period primarily affects the manufacturer and not the ship.
Equipment of a type approved by the Coast Guard that is manufactured
during this five year period in accordance with the terms of the
certificate may be installed on a ship in order to meet the applicable
requirements for approved equipment. There is no requirement, however,
that equipment be removed when the Certificate of Approval expires.

Discussion of Final Rule

    This rule finalizes the amendments set forth in the interim rule. A
full discussion of the provisions of this rule may be found in the
``Discussion of Interim Rule'' section of the interim rule. 74 FR 3364,
at 3375. We are making only one minor change to the interim rule in the
final rule by adding implementation periods in 33 CFR 155.350(a)(3),
155.360(a)(2), and 155.370(a)(4), as discussed above.

V. Incorporation by Reference

    The Director of the Federal Register has approved the material in
33 CFR 157.02 and 46 CFR 162.050-4 for incorporation by reference under
5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available
from the sources listed in 33 CFR 157.02 and 46 CFR 162.050-4.

VI. Regulatory Analyses

    We developed this final rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Public comments on the interim rule are summarized in Part IV of
this preamble. The Coast Guard received no public comments, and have
made no changes, that would alter our assessment of impacts in the
interim rule. We have found no additional data or information that
would change our findings in the interim rule. We have adopted the
assessment in the interim rule as final. A summary follows.
    We estimated 176 existing vessels and 46 new vessels annually will
be affected by this rule and incur additional costs for installing OWS
and bilge alarms.
    We estimated the annual costs of the OWS and bilge alarms combined
range from $9,000 to $19,000, depending on vessel type and size for
both existing and new vessels: $9,000 for vessels below 400 gross tons;
$13,000 for vessels 400 gross tons or more and less than 10,000 gross
tons; and, $19,000 for vessels 10,000 gross tons and over.
    We estimated non-discounted annual costs for existing vessels at
approximately $2.3 million and approximately $550,000 for new vessels,
or about $2.9 million combined. We estimated the total 10-year present
value cost of the rule to be $21 million or $25 million based on a
seven or three percent discount rate (all values rounded).
    The benefits of this rule are improved environmental conditions
from the use of PPE, which meets higher standards of pollution
prevention. The new OWS equipment will better handle the separation of
emulsified oils, surfactants, and contaminants from water. These
pollutants will no longer be released into the environment because of
these standards. See the assessments in the interim rule and the NPRM
for additional details.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule has a significant economic impact on a
substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    In the interim rule, we certified under 5 U.S.C. 605(b) that the
proposed rule would not have a significant economic impact on a
substantial number of small entities. We have found no additional data
or information that would change our findings in the interim rule. We
have adopted the certification in the interim rule for this final rule.
See the ``Small Entity'' sections of the interim rule and the NPRM for
additional details.
    Therefore, the Coast Guard certifies, under 5 U.S.C. 605(b), that
this final rule does not have a significant economic impact on a
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Mr. Wayne Lundy, Office of Systems
Engineering (CG-5213), Office of Design and Engineering Standards, U.S.
Coast Guard, telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

D. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C.3501-3520). The paperwork
burden associated with the manufacture, laboratory testing, approval
tests, and marking of pollution prevention equipment is addressed in
the existing collection of information, OMB 1625-0035,
entitled ``Title 46 CFR Subchapter Q: Lifesaving, Electrical and
Engineering Equipment; Construction and Materials.'' The Office of
Management and Budget renewed its approval of this collection of
information on May 27, 2009. It will expire after the 3-year approval
period ends on May 31, 2012, unless renewed again.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct

effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on them.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000).)
    The pollution prevention equipment regulations promulgated in this
rule are within the field foreclosed from regulation by the States, and
therefore preemption under E.O. 13132 is not an issue.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This final rule uses the following consensus standards that are not
voluntary standards:
     IMO Assembly Resolution A.393(X)--Recommendation on
International Performance and Test Specifications for Oily-Water
Separating Equipment and Oil Content Meters;
     IMO Assembly Resolution A.496(XII)--Guidelines and
Specifications for Oil Discharge Monitoring and Control Systems for Oil
Tankers;
     IMO Assembly Resolution A.586(14)--Revised Guidelines and
Specifications for Oil Discharge Monitoring and Control Systems for Oil
Tankers;
     IMO Marine Environment Protection Committee Resolution
MEPC.13(19)--Guidelines for Plan Approval and Installation Survey of
Oil Discharge Monitoring and Control Systems for Oil Tankers and
Environmental Testing of Control Sections Thereof;
     IMO Marine Environment Protection Committee Resolution
MEPC.108(49)--Revised Guidelines and Specifications for Oil Discharge
Monitoring and Control Systems for Oil Tankers;
     International Organization for Standardization Standard
ISO 8217 (2005) Petroleum products--Fuels (class F)--Specification of
marine fuels;
     International Organization for Standardization Standard
ISO 9377-2 (2000), Water Quality--Determination of hydrocarbon oil
index--Part 2: Method Using solvent extraction and Gas Chromatography.
    They are used because the United States is party to MARPOL Annex I
and we must use these standards to effectively implement MARPOL Annex I
regulations. The sections that reference these standards and the
locations where these standards are available are listed in 33 CFR
157.02 and 46 CFR 162.050-4.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(d) of the Instruction and under section 6(b)
of the ``Appendix to National Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions, Notice of Final Agency Policy,''
(67 FR 48243, July 23, 2002), from further environmental documentation.
This regulation fits within these categorical exclusions because it
concerns equipment approval and carriage requirements and implements
regulations designed to protect the environment. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.

33 CFR Part 157

    Cargo vessels, Incorporation by reference, Oil pollution, Reporting
and recordkeeping requirements.

46 CFR Part 162

    Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.

0
Accordingly, the interim rule amending 33 CFR parts 155 and 157 and 46
CFR part 162, which was published at 74 FR 3377 on January 16, 2009, as
amended by the correction published at 74 FR 6358 on February 9, 2009,
is adopted as a final rule with the following changes:

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS

0
1. The authority citation for part 155 continues to read as follows:

    Authority:  33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703; E.O. 12777,
56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1. Sections 155.100 through 155.130,
150.350 through 155.400, 155.430, 155.440, 155.470, 155.1030(j) and
(k), and 155.1065(g) are also issued under 33 U.S.C. 1903(b).
Section 155.490 also issued under section 4110(b) of Public Law 101-
380. Sections 155.1110 through 155.1150 also issued under 33 U.S.C.
2735.

    Note:  Additional requirements for vessels carrying oil or
hazardous materials are contained in 46 CFR parts 30 through 40,
150, 151, and 153.

0
2. In Sec.  155.350, revise paragraph (a)(3) to read as follows:

Sec.  155.350  Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of less than 400 gross tons.

    (a) * * *
    (3) For equipment installed after 2004 to be approved under
paragraph (a)(2) of this section, it must meet current standards in 46
CFR part 162, subpart 162.050 by the date set forth in paragraphs
(a)(3)(i) and (a)(3)(ii) of this section, unless the equipment is
installed on a ship constructed before 2005 and it would be
unreasonable or impracticable to meet those current standards.
    (i) A ship entering international service for the first time since
2004, must comply with the requirements of paragraph (a)(3) of this
section by the date of its initial survey prior to receiving its
International Oil Pollution Prevention (IOPP) certificate.
    (ii) Any ship, other than a ship described in paragraph (a)(3)(i)
of this section, must comply with the requirements of paragraph (a)(3)
of this section by the date of the ship's first drydock after October
13, 2009.
* * * * *

0
3. In Sec.  155.360, revise paragraph (a)(2) to read as follows:

Sec.  155.360  Oily mixture (bilge slops) discharges on oceangoing
ships of 400 gross tons and above but less than 10,000 gross tons,
excluding ships that carry ballast water in their fuel oil tanks.

    (a) * * *
    (2) For equipment installed after 2004 to be approved under
paragraph (a)(1) of this section, it must meet current standards in 46
CFR part 162, subpart 162.050 by the date set forth in paragraphs
(a)(2)(i) and (a)(2)(ii) of this section, unless the equipment is
installed on a ship constructed before 2005 and it would be
unreasonable or impracticable to meet those current standards.
    (i) A ship entering international service for the first time since
2004, must comply with the requirements of paragraph (a)(2) of this
section by the date of its initial survey prior to receiving its
International Oil Pollution Prevention (IOPP) certificate.
    (ii) Any ship, other than a ship described in paragraph (a)(2)(i)
of this section, must comply with the requirements of paragraph (a)(2)
of this section by the date of the ship's first drydock after October
13, 2009.
* * * * *

0
4. In Sec.  155.370, revise paragraph (a)(4) to read as follows:

Sec.  155.370  Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of 10,000 gross tons and above and
oceangoing ships of 400 gross tons and above that carry ballast water
in their fuel oil tanks.

    (a) * * *
    (4) For equipment installed after 2004 to be approved under
paragraph (a) of this section, it must meet current standards in 46 CFR
part 162, subpart 162.050 by the date set forth in paragraphs (a)(4)(i)
and (a)(4)(ii) of this section, unless the equipment is installed on a
ship constructed before 2005 and it would be unreasonable or
impracticable to meet those current standards.
    (i) A ship entering international service for the first time since
2004, must comply with the requirements of paragraph (a)(4) of this
section by the date of its initial survey prior to receiving its
International Oil Pollution Prevention (IOPP) certificate.
    (ii) Any ship, other than a ship described in paragraph (a)(4)(i)
of this section, must comply with the requirements of paragraph (4) of
this section by the date of the ship's first drydock after October 13,
2009.
* * * * *

    Dated: October 7, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. E9-24670 Filed 10-9-09; 8:45 am]

BILLING CODE 4910-15-P