[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Proposed Rules]
[Pages 8507-8509]
[FR Doc No: 2020-02967]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0061]
RIN 1625-AA00

Safety Zone for Fireworks Displays, Upper Potomac River,
Washington Channel, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Upper Potomac River. This action is
necessary to provide for the safety of life on these navigable waters
of the Washington Channel adjacent to The Wharf DC, Washington, DC, for
recurring fireworks displays from April 4, 2020, through December 31,
2020. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Maryland-National Capital Region or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before March 16, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0061 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 9, 2020, Pyrotecnico, Inc., of New Castle, PA, notified
the Coast Guard that it will be conducting 7 fireworks displays,
sponsored by The Wharf DC, from 7 p.m. to 11:59 p.m. for various events
from April 4, 2020, through December 31, 2020. The fireworks are to be
launched from a barge in the Washington Channel, adjacent to The Wharf
DC in Washington, DC. The fireworks company has provided dates for two
of the events, April 4, 2020, and December 5, 2020. However, the dates
for the remaining five events have not yet been finalized. Hazards from
the fireworks displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Maryland-National Capital Region (COTP) has
determined that potential hazards associated with the fireworks to be
used in these displays would be a safety concern for anyone within 200
feet of the fireworks barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within 200 feet of the fireworks barge on the
Washington Channel before, during, and after the scheduled events. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary recurring safety
zone in the Washington Channel from April 4, 2020, through December 31,
2020. The safety zone would cover all navigable waters of the
Washington Channel within 200 feet of the fireworks barge. It is
anticipated that the safety zone will be activated for seven separate
events during 2020. For each event, the barge will be located within an
area bounded on the south by latitude 38[deg]52'30'' N, and bounded on
the north by the Francis Case (I-395) Memorial Bridge, located at
Washington, DC. The safety zone would be enforced from 7 p.m. until
11:59 p.m. for each fireworks display scheduled from April 4, 2020,
through December 31, 2020. Prior to enforcement, the COTP will provide
notice by publishing a Notice of Enforcement at least 2 days in advance
of the event in the Federal Register, as well as issuing a Local Notice
to Mariners and Broadcast Notice to Mariners at least 24 hours in
advance. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled fireworks display. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
duration, and time-of-day of the safety zone. It is anticipated that
the safety zone will be activated for seven separate events during
2020. Although vessel traffic will not be able to safely transit around
this safety zone when being enforced, the impact would be for less than
5 hours during the evening when vessel traffic in Washington Channel is
normally low. Moreover, the Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not

have a significant economic impact on a substantial number of small
entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone that will be in effect for the entire year, however, when
activated, lasting less than 5 hours that would prohibit entry within a
portion of the Washington Channel. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0061 to read as follows:

Sec.  165.T05-0061   Safety Zone for Fireworks Displays; Upper Potomac
River, Washington Channel, Washington, DC.

    (a) Location. The following area is a safety zone: All navigable
waters of the Washington Channel within 200 feet of the fireworks barge
which will be located within an area bounded on the south by latitude
38[deg]52'30'' N, and bounded on the north by the southern extent of
the Francis Case (I-395) Memorial Bridge, located at Washington, DC.
These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at<PHONE_NUMBER> or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement. This safety zone will be enforced April 4, 2020,
through December 31, 2020, from 7 p.m. to 11:59 p.m. each day that a
barge with a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and
starboard sides is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign
is posted on land adjacent to the shoreline, near the location
described in paragraph (a) of this section. The enforcement times of
this section are subject to change, but the duration of each
enforcement of the zone is expected to be 5 hours or less. Prior to
enforcement, the COTP will provide notice by publishing a Notice of
Enforcement at least 2 days in advance of the event in the Federal
Register, as well as issuing a Local Notice to Mariners and Broadcast
Notice to Mariners at least 24 hours in advance.

    Dated: February 10, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-02967 Filed 2-13-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Notices]
[Page 51609]
[DOCID:fr30au06-96]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-1099-000; ER06-1099-001]

Midwest Independent Transmission System Operator, Inc.; Notice of
Technical Conference

August 25, 2006.
    Take notice that the Commission will convene a technical conference
on September 26, 2006, from 9 a.m. to 4 p.m. (EST), in Hearing Room 4
at the offices of the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    The technical conference will address issues related to the Midwest
ISO's proposed shortage and emergency procedures, as discussed in the
Commission's August 4, 2006 Order in this proceeding.\1\ Specifically
the Commission directed Commission staff to examine the reserves
impacted and circumstances associated with the different steps of the
procedures, the development of the proxy price, the rationale for the
pricing mechanism adopted, the application of market power mitigation
within the process, the effects upon Revenue Sufficiency Guarantee
payments, how demand response may or may not be integrated, and the
effects upon reliability of the new procedures.\2\ A report on the
technical conference is due to the Commission no later than November 2,
2006.
---------------------------------------------------------------------------

    \1\ Midwest Indep. Transmission Sys. Operator, Inc., 116 FERC ]
61,124 (2006).
    \2\ Id. at 30.
---------------------------------------------------------------------------

    Attached to this notice, in Attachment A, are questions to the
Midwest ISO. Responses to these questions should be filed no later than
September 15, 2006. The submitted information will be discussed at the
technical conference and used to supplement the record. Attachment B
lists topical areas that the Midwest ISO will be asked to address at
the technical conference.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All intervening parties are permitted to attend. For further
information please contact Laurel Hyde at<PHONE_NUMBER> or e-mail
<EMAIL_ADDRESS>or Melissa Nimit at<PHONE_NUMBER> or e-mail

<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
 [FR Doc. E6-14401 Filed 8-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 3, 2009 (Volume 74, Number 40)]
[Notices]
[Page 9239-9241]
[DOCID:fr03mr09-48]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0293; FRL-8778-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Kraft Pulp Mills
(Renewal), EPA ICR Number 1055.09, OMB Control Number 2060-0021

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for

review and approval. This is a request to renew an existing approved
collection. The ICR which is abstracted below describes the nature of
the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before April 2, 2009.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0293, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 30, 2008 (73 FR 31088), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2008-0293, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for
the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NSPS for Kraft Pulp Mills (Renewal).
    ICR Numbers: EPA ICR Number 1055.09, OMB Control Number 2060-0021.
    ICR Status: This ICR is scheduled to expire on May 31, 2009. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The New Source Performance Standards (NSPS) for Kraft
Pulp Mills were proposed on September 24, 1976, and promulgated on
February 23, 1978. Revision to the standards was promulgated on May 20,
1986. These standards apply to total reduced sulfur (TRS) and
particulate matter emissions from new, modified and reconstructed kraft
pulp mills. Owners or operators of the affected facilities described
must make initial reports when a source becomes subject, conduct and
report on a performance test, demonstrate and report on continuous
monitor performance, and maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility. Semiannual reports of excess emissions are
required. These notifications, reports, and records are essential in
determining compliance; and are required, in general, of all sources
subject to NSPS.
    Owners or operators of the affected facilities must make a one-
time-only report of the date of construction or reconstruction,
notification of the actual date of startup, notification of any
physical or operational change to an existing facility that may
increase the rate of emission of the regulated pollutant, notification
of initial performance test, and results of initial performance test.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction, or
any period during which the monitoring system is inoperative.
Performance tests are the Agency's records of a source's initial
capability to comply with emissions standards and not the operating
conditions under which compliance was achieved. A semiannual summary
report is also required.
    Any owner or operator subject to the provisions of this subpart
must maintain a file of these measurements, and retain the file for at
least two years following the collection of such measurements,
maintenance reports, and records.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 60, subpart BB, as
authorized in sections 112 and 114(a) of the Clean Air Act. The
required information consists of emissions data and other information
that have been determined to be private.
    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA
regulations, listed in 40 CFR part 9 and 48 CFR chapter 15, are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 37
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose and provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information. All
existing ways will have to adjust to comply with any previously
applicable instructions and requirements that have

subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: Owners and operators of kraft pulp
mills.
    Estimated Number of Respondents: 100.
    Frequency of Response: On occasion, initially and semiannually.
    Estimated Total Annual Hour Burden: 15,235.
    Estimated Total Annual Cost: $5,194,799, which is comprised of
$1,229,899 in labor costs, $344,900 in capital/startup costs, and
operation and maintenance (O&M) costs of $3,620,000.
    Changes in the Estimates: There is no change in the labor cost in
this ICR compared to the previous ICR. This is due to two
considerations. First, the regulations have not changed over the past
three years and are not anticipated to change over the next three
years. Secondly, the growth rate for the industry is very low, negative
or nonexistent, so there is no significant change in the overall
burden. It should be noted that there is a small adjustment to the
burden cost figure because rounded figures were used in the previous
ICR. In this ICR, exact figures are used.
    Since there are no changes in the regulatory requirements and there
is no significant industry growth, the labor hours and cost figures in
the previous ICR are used in this ICR, and there is no change in burden
to industry.

    Dated: February 25, 2009.
John Moses,
Acting-Director, Collection Strategies Division.
[FR Doc. E9-4450 Filed 3-2-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Rules and Regulations]
[Pages 24068-24069]
[FR Doc No: 2013-09608]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0199]

Safety Zones; Fireworks Events in Captain of the Port New York
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce various safety zones in the
Captain of the Port New York Zone on the specified dates and times.
This action is necessary to ensure the safety of vessels and spectators
from hazards associated with fireworks displays. During the enforcement
period, no person or vessel may enter the safety zone without
permission of the Captain of the Port (COTP).

DATES: The regulation for the safety zone described in 33 CFR 165.160
will be enforced on the date and time listed in the table in
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Ensign Kimberly Beisner, Coast Guard; telephone 718-354-
4163, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The Coast Guard will enforce the safety zone listed in 33 CFR
165.160 on the specified date and time as indicated in Table 1 below.
This regulation was published in the Federal Register on November 9,
2011 (76 FR 69614).

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
1. North Shore LIJ System Gala, Pier      Launch site: A barge
 90, Hudson River Safety Zone, 33 CFR     launch located in approximate
 165.160(5.4).                            position 40[deg]46'11.8'' N,
                                          074[deg]00'14.8'' W (NAD
                                          1983), approximately 375 yards
                                          west of Pier 90, Manhattan,
                                          New York.
                                          Date: April 25, 2013.
                                          Time: 9:30 p.m.-10:45
                                          p.m.
2. Norwegian Breakaway, Liberty Island    Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.1).        launch located in approximate
                                          position 40[deg]41'16.5'' N,
                                          074[deg]02'23'' W (NAD 1983),
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island.
                                          Date: May 8, 2013
                                          Time: 8:20 p.m.-9:30
                                          p.m.
3. NECO Awards, Liberty Island Safety     Launch site: A barge
 Zone, 33 CFR 165.160 (2.1).              launch located in approximate
                                          position 40[deg]41'16.5'' N,
                                          074[deg]02'23'' W (NAD 1983),
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island.
                                          Date: May 11-12, 2013
                                          Time: 11:00 p.m.--
                                          00:10 a.m.
4. Allied PRA--Petsmart Fireworks,        Launch site: A barge
 Liberty Island Safety Zone, 33 CFR       launch located in approximate
 165.160 (2.1).                           position 40[deg]41'16.5'' N,
                                          074[deg]02'23'' W (NAD 1983),
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island.
                                          Date: May 15, 2013.
                                          Time: 8:15 p.m.-9:30
                                          p.m.
5. Shackman Associates, Liberty Island    Launch site: A barge
 Safety Zone, CFR 165.160 (2.1).          launch located in approximate
                                          position 40[deg]41'16.5'' N,
                                          074[deg]02'23'' W (NAD 1983),
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island.
                                          Date: May 23, 2013.
                                          Time: 9:50 p.m.-10:25
                                          p.m.
6. Fort Hamilton Independence             Launch site: A barge
 Celebration, Fort Hamilton Safety        launch located in approximate
 Zone, 33 CFR 165.160 (2.14).             position 40[deg]36'00'' N,
                                          074[deg]01'42.5'' W (NAD
                                          1983), approximately 1400
                                          yards southeast of the
                                          Verrazano-Narrows Bridge.
                                          Date: June 29, 2013.
                                          Time: 9:15 p.m.-10:30
                                          p.m.
7. Larchmont Yacht Club, Larchmont        Launch site: A barge
 Harbor South Safety Zone, 33 CFR         launch located in approximate
 165.160(3.12).                           position 40[deg]55'16'' N,
                                          073[deg]44'15'' W (NAD 1983),
                                          approximately 440 yards north
                                          of Umbrella Rock, Larchmont
                                          Harbor, New York.
                                          Date: July 4, 2013.
                                          Time: 9:30 p.m.-10:30
                                          p.m.
8. City of Poughkeepsie, Poughkeepsie,    Launch site: A barge
 NY, Safety Zone, 33 CFR 165.160(5.13).   launch located in approximate
                                          position 41[deg]42'24.50'' N,
                                          073[deg]56'44.16'' W (NAD
                                          1983), approximately 420 yards
                                          north of the Mid Hudson
                                          Bridge.
                                          Date: July 4, 2013
                                          Time: 8:30 p.m.-10:00
                                          p.m.
9. Breezy Point Coop, Rockaway Inlet      Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.9).        launch located in approximate
                                          position 40[deg]34'19.1'' N,
                                          073[deg]54'43.5'' W (NAD
                                          1983), 1200 yards south of
                                          Point Breeze.
                                          Date: July 5, 2013.
                                          Time: 9:00 p.m.-10:30
                                          p.m.
10. America's Birthday, Liberty Island    Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.1).        launch located in approximate
                                          position 40[deg]41'16.5'' N,
                                          074[deg]02'23'' W (NAD 1983),
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island.
                                          Date: July 6, 2013.
                                          Time: 9:10 p.m.-10:20
                                          p.m.
11. Marist College OACAC Fireworks,       Launch site: A barge
 Poughkeepsie, NY, Safety Zone, 33 CFR    launch located in approximate
 165.160(5.13).                           position 41[deg]42'24.50'' N,
                                          073[deg]56'44.16'' W (NAD
                                          1983), approximately 420 yards
                                          north of the Mid Hudson
                                          Bridge.
                                          Date: July 11, 2013.
                                          Time: 8:30 p.m.-10:00
                                          p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, a vessel may not enter the
regulated area unless given express permission from the COTP or the
designated representative. Spectator vessels may transit outside the
regulated area but may not anchor, block, loiter in, or impede the
transit of other vessels. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in enforcing this
regulation.
    This notice is issued under authority of 33 CFR 165.160(a) and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide mariners with advanced notification of
enforcement periods via the Local Notice to Mariners and marine
information broadcasts. If the COTP determines that the regulated area
need not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: April 10, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2013-09608 Filed 4-23-13; 8:45 am]
BILLING CODE 9110-04-P


PART A OF THE SUPPORTING STATEMENT

Populations, Usage and Emissions of Diesel Nonroad Equipment

OMB Control Number 2060-0553

EPA ICR Number 2156.02

1	Identification of the Information Collection tc \l1 "1	Identification
of the Information Collection

1(a)	Title of the Information Collection tc \l2 "1(a)	Title of the
Information Collection

The collection is entitled:

Populations, Usage and Emissions of Diesel Nonroad Equipment

1(b)	Short Characterization/Abstract tc \l2 "1(b)	Short
Characterization/Abstract

In response to recommendations from the National Research Council of the
National Academy of Sciences, EPA is continuing a systematic data
collection designed to improve the methods and tools used by the Agency
to estimate emissions from nonroad equipment. Data to be collected
include populations, usage rates (activity) and ‘in-use” or
“real-world” emission rates.

The collection is a survey, to be conducted by the Office of
Transportation and Air Quality (OTAQ) in the Office of Air and Radiation
(OAR). Development of rapid in-use instrumentation promises to
substantially reduce the cost of emissions measurement for nonroad
equipment. This study will combine rapid in-use measurement capability
with statistical survey design to improve the representation of nonroad
engine populations. The goal is to continue a pilot survey designed to
develop methods and protocols needed to collect data on populations,
activity and in-use emissions of diesel nonroad equipment. Response to
the survey is voluntary.

The target population includes nonroad equipment used by commercial
establishments in the construction and manufacturing sectors. The study
area for this collection will include areas in EPA Regions 5 and 7. To
estimate the prevalence of equipment ownership in the target sectors,
1,500 establishments will be requested to respond to brief interviews
regarding their equipment ownership and use. The total sample size for
instrumented measurement is 100 equipment pieces, with 50 pieces
targeted for emissions and usage measurement, respectively.

Emissions and usage will be measured using portable on-board electronic
instrumentation. Emissions instrumentation will measure carbon dioxide
(CO2) and several air pollutants on an instantaneous basis during normal
operation over a period of one to three days. Air pollutants to be
measured include carbon monoxide (CO), total hydrocarbons (THC), oxides
of nitrogen (NOx) and particulate matter (PM). The usage instrument will
measure engine on/off over a period of approximately one month.

Data will be collected during normal operation at the respondents’
facilities or work sites.  Following quality-assurance and analysis, the
data will be stored in OTAQ’s Mobile Source Observation Database.  The
information collection will involve 517 respondents per year, requiring
99 hours per year at an annual total cost to those respondents of
$6,716. For the agency, the collection will require 4,455 hours per year
at an annual total cost to the agency of $322,415.

2	Need for and Use of The Collection tc \l1 "2	Need for and Use of The
Collection

2(a)	Need/Authority for the Collection tc \l2 "2(a)	Need/Authority for
the Collection

The term ‘nonroad equipment’ describes a very diverse class of
machinery and vehicles that: (1) are powered by internal combustion
engines and (2) are used for purposes other than transportation. Common
examples include crawler dozers, backhoes, tractors, forklifts, cranes,
generators, pumps and lawnmowers.

Nonroad equipment contribute substantially to mobile-source emissions,
with their contribution in relative terms expected to increase as
emissions from highway vehicles are controlled (Kean, Sawyer & Harley
2000). Based on estimates derived from diesel fuel sales published by
the Energy Information Administration (EIA 2001) and estimates from the
NONROAD model, fuel consumption in nonroad equipment accounts for 15-18%
of all distillate fuel supplied to the U.S. market in 2000 (57.2 billion
gallons). In addition, the sectors selected for inclusion in this survey
(construction and manufacturing) are important in terms diesel fuel
consumption and emissions. In the same year, the targeted sectors
accounted for approximately 35% of nonroad diesel fuel consumption,
which corresponds to approximately 8% of all diesel fuel consumed by
mobile sources (44.9 billion gallons) where mobile sources include
highway vehicles, locomotives, marine vessels and nonroad equipment.

An emissions inventory is an estimate of the quantity of a pollutant
emitted to the atmosphere in a given geographic area during a given time
period. For example, an inventory can represent the quantity of carbon
monoxide emitted by various sources in Washtenaw County, Michigan during
the spring of 2004. Within an inventory, emissions are typically
allocated by source category, with sources classified as
“stationary,” “area,” or “mobile.” Stationary sources
include large facilities with identifiable emissions outlets, such as
coal-fired power plants or industrial boilers. Area sources include
activities for which emissions are diffuse. Examples include feedlot
operations, dry cleaners or wildfires. As the name implies, mobile
sources move from place to place. They include highway motor vehicles
(cars and trucks) and nonroad equipment.

	At the request of Congress, the National Academy of Sciences published
a report on EPA’s emissions inventory modeling for mobile sources (NRC
2000). A committee of technical experts was given the primary charge of
conducting a detailed review of the MOBILE model. Nonetheless, the
report bears mention in the context of nonroad equipment inventories
because the committee also took the opportunity to make comments
concerning EPA’s NONROAD  model. Under the heading of “Technical
Issues Associated with the MOBILE Model,” the committee remarked that

As future Tier 2 vehicle standards and corresponding sulfur-reduction
regulations reduce on-road mobile-source emissions, non-road emissions
will become a larger fraction of the total emissions. The NONROAD model
is extremely data driven, and there are many gaps in the available data.
EPA should place more emphasis on improving both the emissions factors
and activity data in this model. (p. 74)

In the executive summary, the committee emphasized the need for EPA to
design and implement programs to expand and improve the data used to
support emissions inventory estimation for nonroad equipment, and added
that:

The plan should include the population and activity data and real-world
emissions factors for gasoline and diesel engines (p. 13).

The recommendations in the NRC report have influenced the concept and
design of EPA(s new inventory model for highway vehicles, the Motor
Vehicle Emissions Simulator (MOVES). Similarly, this survey is intended
as the first step in a program to respond to recommendations concerning
the quantity and representativeness of the supporting inventory modeling
for nonroad engines.

On the basis of these recommendations, the goal of this collection
effort is to continue pilot work initiated during the previous approval.
 This work is designed to develop methods and protocols to collect data
on populations, activity and in-use emissions of diesel nonroad
equipment.

Emissions measurement by portable instrumentation is becoming
increasingly important, particularly for nonroad engines.  However,
substantial technical challenges remain in acquisition of reliable data.
An important technical issue for portable measurement is the difficulty
in acquiring reliable measurements of engine speed and torque during
operation.  Solving this problem is important because parameters are key
in describing the operational and emissions behavior of diesel engines.

For recently manufactured engines, the electronic control system is a
source of data for these parameters.  To date, we have found that
accessing the CAN is more difficult than anticipated. However, we have
learned that it will be necessary to integrate additional hardware and
software into the instrumentation. This collection proposes to develop
and test methods for acquisition of data streams from the CAN.

Additionally, to measure PM without rapidly overloading the measurement
medium, it is necessary to acquire a sample stream of exhaust that is of
known volume and directly proportional to the total exhaust flow.

To date, particulate matter has often been measured on an aggregate
basis, meaning that particulate is collected on a medium such as a
filter over a period such as 15-60 minutes.  The mass collected (g) can
then be divided by the time period (hr) to estimate the average emission
rate over the time period measured.  However, methods involving
aggregation do not allow detailed study of particulate emissions in
relation to the specific behavior of the engine during the measurement
period.

To explore the relation between engine behavior and emissions, greater
emphasis is being placed on the measurement of particulate matter on a
continuous basis, meaning that emissions are measured repeatedly over
brief time periods such as seconds to tens of seconds.

Continuous measurement requires the adaptation of new technologies, such
as the instrument proposed for use in this collection, the
quartz-crystal microbalance (QCM).  The QCM contains a quartz crystal
set to vibrate at a known frequency.  During measurement, a sample
stream containing particulate is directed over the crystal. As the
crystal collects particulate, its vibration frequency changes.  A
previously-established calibration between vibration frequency and mass
loading allows translation of changing frequencies to cumulative
loading, and ultimately, to sequential loading.  For the QCM to be
successfully applied, it is critical to draw the proportional sample
flow, as mentioned, and it is essential that the sample flow respond
extremely rapidly to changes in the engines power output.  This
collection proposes to integrate and test these two instruments in the
field, and to evaluate the proportionality of the sample flow.

2(a)(4)	Legislative Basis tc \l3 "2(a)(4)	Legislative Basis

The legislative basis for this data collection is Section
103(a)(1)(2)(3) of the Clean Air Act, which requires the Administrator
to:

“conduct ... research, investigations, experiments, demonstrations,
surveys, and studies relating to the causes, effects, extent,
prevention, and control of air pollution, ...” and “cooperate with
... pollution control agencies and other appropriate public or private
agencies, institutions, and organizations, and individuals in the
conduct of such activities, ...” and “conduct investigations and
research and make surveys concerning any specific problem of air
pollution in cooperation with any air pollution control agency ...”

In addition, Section 103(b)(1) of the Clean Air Act authorizes the
Administrator to:

(collect and make available, through publications and other appropriate
means, the results of and other information, including appropriate
recommendations by him in connection therewith, pertaining to such
research and other activities.(

The full text of the relevant sections is provided in Appendix A-1.

2(b)	Practical Utility/Users of the Data tc \l2 "2(b)	Practical
Utility/Users of the Data

The principal users of the data will be EPA technical staff, for
purposes of methods development and quality-assurance of results
obtained.

The results will also guide and inform design of future collections.
Supporting analyses will evaluate the adequacy of the proposed sample
frames. They will investigate the efficiency of stage sampling. The
collection will provide valuable experience in collection of probability
samples of nonroad equipment, and in development of rapport with
respondents. Finally, analysis and evaluation of the initial collection
will enable evaluation of the cost-effectiveness of the design.

In addition, the initial results will guide and inform sample size
analyses. Data collected will provide highly valuable estimates of
variability in key variables, as well as scenarios and expected
differences needed for more refined power analyses.

3	Nonduplication, Consultations, and Other Collection Criteria tc \l1 "3
Nonduplication, Consultations, and Other Collection Criteria

3(a)	Nonduplication tc \l2 "3(a)	Nonduplication

In development of this collection, EPA has attempted to locate sources
of data that would partially or wholly duplicate the information to be
collected. No such duplication was found.

To our knowledge, no other agency conducts portable emissions monitoring
of nonroad equipment during operation in the field. One previous study,
conducted by Environment Canada and the Northeast States for Coordinated
Air Use Management (NESCAUM), collected field emissions data for four
nonroad engines and one on-highway vehicle (Ainslie et al. 1999). While
the data are useful in themselves, they cannot be considered a
representative sample, and EPA’s collection effort must be broader in
scope.

3(b)	Public Notice Required Prior to ICR Submission to OMB tc \l2 "3(b)
Public Notice Required Prior to ICR Submission to OMB

The initial announcement of the public comment period for the proposed
ICR amendment was placed in the Federal Register on August 9, 2007 (72
FR 44843). One comment was received. This comment was considered when
preparing this ICR. In addition, a second Federal Register Notice will
be published concurrent with submission of this collection to OMB.

3(c)	Consultations tc \l2 "3(c)	Consultations

Revisions to this collection since the approval of the previous
collection have been developed in consultation with survey research
professionals contracted to conduct sampling and recruitment. The
primary technical contact is :

Robert Santos

Senior Institute Methodologist

The Urban Institute

2100 M Street, NW

Washington, DC  20037

3(d)	Effects of Less Frequent Collection tc \l2 "3(d)	Effects of Less
Frequent Collection

For each respondent, participation in the survey is a one-time event.
Thus, periodic reporting is not requested or required.

3(e)	General Guidelines tc \l2 "3(e)	General Guidelines

Commercial establishments participating in this collection will not be
requested to plan, generate, or retain any records or information.
Participation in the program by each owner is on a voluntary basis.
Further, this information collection complies with the guidelines in the
Paperwork Reduction Act (5 CFR 1320.5(d)(2)).  Specifically, the
collection does not require the respondents to:

Report information to EPA more often than quarterly;

Prepare a written response to a collection in fewer than 30 days after
receipt;

Submit more than one original document;

Retain any records for more than three years;

Participate in a statistical survey that is not designed to produce data
that can be generalized to the universe of study;

Use a statistical data classification that has not been reviewed and
approved by OMB; and

Submit any information that they may consider to be confidential,
without EPA demonstrating that it has instituted procedures to protect
the information(s confidentiality to the extent permitted by law.

3(f)	Confidentiality tc \l2 "3(f)	Confidentiality

Data will be collected under a pledge of confidentiality for exclusively
statistical purposes, as defined in the Confidential Information
Protection and Statistical Efficiency Act of 2002 (CIPSEA). Thus, in
accordance with CIPSEA, EPA will not use or disclose survey results in
identifiable form for any non-statistical purpose.

To protect the confidentiality of respondents, the following items
allowing direct identification of individual establishments, whether
obtained from sample frames or though one or more of the survey
instruments, will not be disclosed or directly linked to survey results.

Establishment name(s)

Establishment address(es)

Establishment phone number(s)

Establishment contact name(s)

Equipment serial number(s)

Engine serial number(s)

Addresses or locations of respondents’ facilities or work site(s)

Work shifts for selected equipment pieces

The following additional items, whether obtained from the sample frame
or through one or more survey instruments, will be protected from
disclosure as necessary to protect individual respondents from
identification through indirect means. The methods considered for
prevention indirect disclosures are briefly described for each item,
drawing on approaches recommended for the protection of public-use
microdata by the  Federal Committee on Statistical Methodology (FCSM
2004).

Economic Sector.  This variable is of potential value if differences in
equipment ownership or usage rates are apparent between sectors.
However, detailed reporting of economic sub-sectors may create
disclosure risks in combination with other establishment descriptors or
through the possibility of matching with other publicly available files.
Therefore, if reporting of sector appears to add utility to the file,
the level of reporting detail for economic sector will be restricted to
the 2-digit NAICS level, which is the level proposed for stratification
and analysis for this collection.

Number of Employees.  As a measure of establishment size for mining,
construction and manufacturing establishments, this measure may be very
useful, but its publication could also result in disclosure risks for
some respondents. One option to protect this variable would be coding of
responses, using the same establishment size classes proposed for use in
calculating sampling weights. In addition the proposed size classes
include top-coding at a value of 50 employees, a value low enough to
protect highly visible large establishments.

Geographic location. Due to the small sizes of respondent pools in many
sampling units, combinations of PSU with establishment-size and
economic-sector variables could lead to disclosure risks for some
respondents. Therefore, due to the potential value of establishment-size
and economic-sector variables, the level of detail in reporting of
geographic locations of respondents within the study area will be
severely limited. For this collection, the only geographic information
to be considered for reporting will be an indication of whether the
respondent resides inside or outside of a Metropolitan Statistical Area.

Number of Equipment Pieces.  As an additional measure of establishment
size, responses for this variable would be treated similarly to those
for the number of employees.

Equipment Type: in the case of highly unique or specialized equipment
types, knowledge of equipment type could give industry experts an
important clue as to the identity of some respondents. Therefore, if
reporting of equipment type were considered to distinguish any
respondents as unique in the population or sample, individual values
would be withheld on a case by case basis. Another option would be to
categorize unique equipment types into a generic (other equipment(
category.

Engine rated power. As the typical size indicator for diesel engines,
the potential presence of very large values, e.g., 2,000 hp, could aid
knowledgeable data users in narrowing down the identity of some
respondents, especially in combination with equipment type. One option
would be to top-code power ratings at a value in the range of 600 to
1,000 hp. However, given the value of power rating in the quality
assurance of emissions measurements, it could be more useful if actual
power ratings were retained and other establishment descriptors were
suppressed to protect respondents. In such cases, EPA would consider
suppression of values for economic-sector, establishment size and
equipment type variables, as necessary to obscure the uniqueness of
particular respondents.

The identifying information listed above will not used for any purpose
other than contacting establishments to solicit or clarify responses, to
arrange site visits, to obtain equipment or engine specifications, or to
calculate sampling weights and non-response weights.  This information
will not be stored with or directly linked to survey results, but in
files stored in secure locations.  A unique respondent ID number will be
used in the database, with the link to the personal information also
stored in secure files. Contractors retained to conduct interviews and
data collection will be bound by confidentiality clauses that hold them
to the same standards to be followed by EPA personnel.

The initial letter sent to respondents will include the following pledge
of confidentiality:

‘The information your establishment provides will be used for
statistical purposes only.  In accordance with the Confidential
Information Protection provisions of Title 5, Subtitle A, Public Law
107-347 and other applicable Federal laws your responses will be kept
confidential and will not be disclosed in identifiable form to anyone
other than employees or agents without your consent.  By law, every EPA
employee as well as every agent, such as interviewers and technicians,
is subject to a jail term, a fine or both if he or she discloses ANY
identifiable information about your establishment.’

3(g)	Sensitive Questions tc \l2 "3(g)	Sensitive Questions

The questionnaires do not ask any sensitive questions pertaining to
sexual attitudes/behavior or religious beliefs.

4	The Respondents and the Information Requested tc \l1 "4	The
Respondents and the Information Requested

4(a)	Respondents/NAICS Codes tc \l2 "4(a)	Respondents/NAICS Codes

As defined in Part B, section 2(a) (Target Population and Coverage,(
respondents to the survey will be commercial establishments in four
economic sectors, listed below and identified with corresponding NAICS
codes.

Sector

NAICS Code

Construction

23

Manufacturing

31-33

These sectors do not comprise the entire universe for the use of nonroad
equipment. Other sectors are of interest with respect to diesel
equipment use, for example, wholesale trade (NAICS 42) and  retail trade
(NAICS 44-45), as well as municipalities and government agencies.
However, we have limited the scope of this collection, to keep effort
commensurate with expected resources. In addition, a limited scope is
consistent with the emphasis that this collection will place on the
development and evaluation of feasible methods for collection of the
targeted information from establishments in different sectors.

4(b)	Information Requested tc \l2 "4(b)	Information Requested

4(b)(i)	Data Items, Including Recordkeeping Requirements tc \l3 "4(b)(i)
Data Items, Including Recordkeeping Requirements

Reporting Items. All items that respondents will be requested to report
are listed and described in Part B, Section 3, “Questionnaire
Development.” The survey will employ three instruments, the
“Equipment Ownership Questionnaire,” the “On-site Equipment
Inventory,” and the “Equipment Identification, Description and
Instrumentation Parameters” attached as appendices to Part B of the
Supporting Statement.

Recordkeeping Items. This collection will not request or require
respondents to compile or maintain any records.

4(b)(ii)	 Respondent Activities tc \l3 "4(b)(ii)	 Respondent Activities

Respondent activities for this data collection include:

respond to Equipment Ownership Questionnaire (by phone interview)

respond to interview portion of On-site Equipment Inventory (by phone or
personal interview)

provide interviewer/technician access to equipment (during site visits)

In this collection, the degree of participation will differ between
establishments in the Establishment sample and those in the Equipment
sample.

5	The Information Collected ( Agency Activities, Collection Methodology,
and Information Management tc \l1 "5	The Information Collected  Agency
Activities, Collection Methodology, and Information Management

The following sections describe Agency activities related to survey
design, oversight, and analysis, maintenance and distribution of the
information collected.  The primary activities associated with the
actual collection of information will be performed by EPA personnel or
contractors hired by the Agency.

5(a)	Agency Activities tc \l2 "5(a)	Agency Activities

In conduction of the survey, the agency will perform the following
activities:

-	Develop questionnaires and data forms

-	Administer telephone interviews

-	Travel to and within primary sampling units (PSUs)

-	Administer site visits

-	Quality-assure completed interviews

-	Load interview responses into computer database

-	Quality-assure electronic emissions and activity measurements

-	Load emissions and activity data into computer database

-	Analyze survey results

5(b)	Collection Methodology and Management tc \l2 "5(b)	Collection
Methodology and Management

The questionnaires to be used for the collection are final versions
developed following experience in several PSUs during the previous
approval period.

Due to the brevity and simplicity of the questionnaires, we have used
the telephone interview as the primary collection mode for descriptive
information regarding establishments, their operations and equipment
collected during the screening interviews. Making the initial contact by
phone allows interviewers to interact with multiple potential
respondents, in order to identify and make contact with a knowledgeable
respondent.

Once contact with a knowledgeable person is made, it is simpler and less
burdensome to simply complete the interview at that time. Asking
respondents to respond to a mail or internet questionnaire would
increase burden at that point.

Detailed information regarding equipment specifications will be
collected through direct inspection by trained technicians. In addition,
emissions and activity data will be collected by on-board electronic
instrumentation. The instrumentation is portable, non-intrusive and can
collect data over specified measurement periods with minimal
maintenance. The instrumentation is described further in Part B, Section
4(a), “Collection Methods.”

These approaches bring two significant benefits. First, they reduce
respondent burden in that respondents will not asked to provide detailed
information on specific equipment pieces, nor asked to recall usage
patterns for specific equipment pieces over periods of weeks to a year.
Second, the reliability and objectivity of the information collected
will be improved through consistent application of pre-specified
approaches by knowledgeable technicians.

To ensure data quality for interview information, each interview
response will be reviewed for completeness and internal consistency.
Emissions and activity data collected via instrumentation will be
quality-assured through use of computer algorithms. Time series for key
variables will also be plotted and visually checked on a case-by-case
basis.

Data will be stored in the “Mobile Source Observation Database,”
(MSOD), an Oracle( database residing on an Agency server. This database
is available to the public on request on CD-ROM, and can also be
accessed from the server via a viewer based on Microsoft Access(. Thus,
users need not be equipped with Oracle software or expertise to access
the database.

5(c)	Small Entity Flexibility tc \l2 "5(c)	Small Entity Flexibility

As described above, collection methods for the survey have been designed
to keep the burden of participation to a minimum, for both small and
large respondents.  Additionally, participation in the data collection
is voluntary, giving small entities flexibility to decline participation
at their option.

5(d)	Collection Schedule tc \l2 "5(d)	Collection Schedule

The tentative schedule below assumes that clearance for this collection
will be obtained by March, 2008. For each task, we show the date
targeted for its completion.

Task

Date to be Completed

Draw samples

February, 2008

Field PSUs in Region 7

May, 2008

Field PSUs in Region 5

September, 2011

6	Estimating the Burden and Cost of The Collection tc \l1 "6	Estimating
the Burden and Cost of The Collection

6(a)	Estimating Respondent Burden tc \l2 "6(a)	Estimating Respondent
Burden

Table A.1 presents initial estimates of burden and cost for respondents
participating in the collection. In large establishments, we assume that
the knowledgeable respondent would often be a staff member such as a
fleet manager or senior mechanic, whereas in smaller establishments, the
knowledgeable respondent is more likely to be an owner or proprietor.
For this collection, we have listed the times for interview response
primarily under the heading of “Managerial.” Estimated times for a
knowledgeable respondent to complete the Ownership and Inventory
interviews and to provide equipment access are 8 minutes, 17 minutes and
25 minutes, respectively.

6(b)	Respondent Costs tc \l2 "6(b)	Respondent Costs

Table A.1 presents estimated burden and cost to respondents.

6(b)(i)	Labor Costs tc \l3 "6(b)(i)	Labor Costs

Labor Costs are based on estimates of “wages and salaries” reported
by the Bureau of Labor Statistics in Employer Cost of Employee
Compensation (BLS, 2007). The values used represent compensation rates
for “Goods Producing Industries,” which include Mining, Construction
and Manufacturing. We translated the BLS worker categories into
corresponding ICR labor categories as follows. “Managerial,
professional and related” workers were designated as “Managerial.”
Correspondingly, “construction and maintenance” workers were
designated as “Technical,” and finally, “sales and office”
workers were designated as “Clerical.” To represent the complete
cost of labor, the total compensation rates have been increased by an
additional 100% to account for respondents’ overhead costs.
Corresponding compensation rates for each category are listed in Table
A.1.

6(b)(ii)	Capital and Operations Costs tc \l3 "6(b)(ii)	Capital and
Operations Costs

For respondents, participation in this collection will not require any
capital or startup costs, nor will it require operating or maintenance
costs. Thus, no costs in either of these two categories are represented
in Table A.1.

Table A.1  Annual Respondent Burden and Cost1

Respondent Activity

Respondent Time by Labor Category (hr/respondent)

Subtotal  (hr/respondent)

Labor Cost ($/respondent)

No. Respondents

Total time

 (hr)

Total Cost

 ($)

Managerial

($70.92/hr)

Technical

($40.30/hr)

Clerical

($36.22/hr)

Screening Interview

0.133

0.00

0.00

0.133

$9.46

  500

66.6

$4 ,723

Follow-up Contacts

0.083

0.05

0.00

0.133

$7.93

 33

 4.4

$262

Schedule Site inventory

0.083

0.05

0.00

0.133

$7.93

33

 4.4

$262

On-site inventory interview

0.117

0.05

0.00

0.167

$10.29

33

5.5

$ 340

	Schedule Emissions/activity measurement

0.083

0.03

0.00

0.117

$7.25

33

3.85	$240

	Emissions/activity measurement	0.333	0.083	0.00	0.417	$27.00	33	13.75	$
 890

TOTAL

98.5	$6,720

1 Rows and columns may not sum exactly due to independent rounding.

6(c)	Agency Burden and Cost tc \l2 "6(c)	Agency Burden and Cost

Table A.2 presents Agency burden and cost, with separate estimates
presented for Contractor personnel and Agency staff.

6(c)(i)	Agency Burden tc \l3 "6(c)(i)	Agency Burden

6(c)(i)(1)	Screening Interviews tc \l4 "6(c)(i)(1)	Establishment Sample

Table A.2 presents estimated agency labor hours for each activity listed
above in Section 4(a). We have separated labor hours into two
components, those hours to be worked by Agency staff and those to be
worked by contractor personnel. In general, the contractor will conduct
the phone interviews, enter the data and perform initial quality
assurance, following which the contractor will transfer the data to EPA.
Agency personnel will then load the results into an EPA database and
perform quality-assurance and substantive analyses.

For contractor personnel, most of the time represents the conduction of
interviews, follow-up and scheduling. Time for interviews includes 8
minutes for interview completion following a successful contact.  For
agency staff, we assume that three technical people spend two hours per
week in meetings with the contractor, to oversee progress.

6(c)(i)(2)	Emissions and Activity Measurement tc \l4 "6(c)(i)(2)
Equipment Sample

Tables A.3 also presents Agency and contractor hours for site
inventories and subsequent field work to be performed under contract.
Thus, recruitment, interviewing and instrumentation will be performed by
contract personnel. EPA staff will play active roles in oversight and
quality assurance, and data analysis.

Contractor labor estimates for field work assume that a field team of
6.3 members can perform emissions measurement on 1.5 equipment pieces
per work week, along with associated activity measurement.  Each work
week is assumed to be 55 hours, and the target number of pieces to be
measured determines the number of weeks that the team will be in the
field.  The product of the number of personnel, the length of the work
week and the length of the field campaign determine the total number of
person-hours contributed by contractors.

Contractor hours for quality assurance and analysis assume that four
contract personnel will contribute 0.25 full-time equivalents to the
project over a period of 25 weeks.  This allocation is equivalent to one
person working full-time on the project over this period.

6(c)(ii)	Agency Costs tc \l3 "6(c)(ii)	Agency Costs

6(c)(ii)(1)	Labor Costs tc \l4 "6(c)(ii)(1)	Labor Costs

Contract Labor Costs. Labor Costs for contract personnel are taken from
Employer Costs for Employee Compensation (BLS, 2007). Values used
represent “wages and salaries” for selected worker categories under
the heading of “Service-providing Industries.” We assumed
equivalence between BLS worker categories and ICR Labor categories as
listed below, with their respective hourly compensation rates:

BLS Worker Category

ICR Labor Category

Total Compensation ($/hr)

Management, professional and related

Managerial

32.35

Management, professional and related

Technical

32.35

Sales and Office

Clerical

14.59

The labor category “technical” represents an engineer, with academic
training at the Bachelor’s Degree level, also having received
project-specific training in the installation and operation of the
on-board instruments. To represent “fully-loaded” compensation
rates, we increased the total compensation rates by an additional factor
of 100% to represent contractor overhead costs.

Agency Labor Costs.  Labor Costs for EPA staff were taken from the 2007
General Schedule for Civilian Federal Employees. Based on the Schedule,
we have assumed average hourly labor costs of $50.54 for managerial
personnel, $36.36 for technical personnel, and $17.25 for clerical
personnel. These assignments correspond to levels of GS-15, GS-13 and
GS-7, respectively, at step-5 pay rates. We have multiplied the hourly
labor rates by a “benefits multiplier” of 1.6, to represent the
total cost of employment for Federal staff (OEI, 1999).

6(c)(ii)(2)	Capital and Operations Costs tc \l4 "6(c)(ii)(2)	Capital and
Operations Costs

Screening Interviews. Capital costs represent the cost of purchasing
databases of establishments for the study area to serve as the sample
frame. Given a cost of $0.10 per record, a listing of 25,000
establishments for the study area comes to approximately $2,500. For the
more-detailed supplementary frame, we estimated cost for a 15-county
study area at $4,000 per county for a total cost of approximately
$60,000.

Operating costs associated with the interviews represent the costs of
supplies and postage for the initial letter to be mailed to respondents.

Emissions and Activity Measurement. We estimate that approximately five
emissions-measurement instruments and approximately 60
activity-measurement units will be used to conduct the data collection.
Because a separate program and budget exist to develop and acquire these
instruments, which are intended for use with multiple projects, we have
assigned no capital or startup costs for the equipment sample. Operating
costs for emissions and activity measurement represent costs for
additional equipment and tools, and for consumables such as batteries
and calibration gases.

Table A.3 Annual Agency Burden and Cost

Information Collection Activity

Labor Hours Per Respondent2

Labor Costs ($/Respondent)

Capital Cost

O & M

Cost

No.

Establ.

Total Time (hr)2

Total Cost

($)2

EPA

Contractor

Total

EPA

Cont.

Total

($/Respondent)

Man.

Tech.

Cler.

Man.

Tech.

Techn.

Cler.

EPA

Cont.

Administer telephone interviews

0.024

0.014

0.162

0.004

0.024

0.180

1.40

11.58

12.97

41.50

0.00

  500

102

 27,210

Quality-assure completed interviews

0.003

0.002	0.024

0.001	0.003	0.027	0.19	1.71	1.90	0.00	0.00	   500	15	  950

Load results into computer database

0.002

0.002	0.024

0.001	0.002	0.027	0.09	1.71	1.81	0.00	0.00	  500	14	  903

Analyze survey results

0.003

0.004	0.048

0.001	0.003	0.053	0.19	3.43	3.62	0.00	0.00	  500	28	 1,806

Conduct site inventories

0.666

2.079	14.38

0.866	0.666	17.33	39	1,095	1,134	0.00	0.00	 33	599	37,774

Conduct emissions measurements

1.332

16.63	115.0

6.930	1.332	138.6	77.50	8,765	8,842	120.00	1,558	17	2330	157,865

Conduct activity measurements

1.332

6.93	47.93

2.889	1.332	57.75	77.50	3,650	3,730	500.00	275.00	17	  984	 71,946

Quality-assure emissions measurements

0.75

0.960	6.65

0.400	0.75	8.00	43.63	505.9	549.5	0.00	0.00	17	  146	 9,150

Quality-assure activity measurements

0.75

0.84	5.810

0.350	0.75	7.00	43.63	442.6	486.3	0.00	0.00	17	  130	 8,096

Load data into database

0.75

0.36	2.490

0.150	0.75	3.00	43.63	189.7	233.4	0.00	0.00	17	   62	 3,885

Analyze results, draft report

0.75

0.240	1.660

0.100	0.75	2.00	43.63	126.5	170.1	0.00	0.00	17	   46	2,832

TOTAL

  4,455	  322,415

1 Rows and columns may not sum exactly due to independent rounding.

2 Labor categories are abbreviated as follows: “Man.,” “Tech.,”
“Techn.,” and “Cler.” Represent “Managerial,”
“Technical,” “Technician,” and “Clerical” personnel,
respectively.

6(d)	Estimating the Respondent Universe and Total Burden tc \l2 "6(d)
Estimating the Respondent Universe and Total Burden

Table A.1 presents annual burden and costs for respondents, by activity.
The respondent universe is determined by the proposed sample sizes. We
anticipate up to 500 completed interviews, at a total annual burden and
cost to respondents of 67 hours and  $4,723, respectively. For emissions
and activity measurement, we anticipate that 17 establishments will
participate, with the total annual burden and cost to respondents
estimated of 32 hours and $1,993, respectively. See Table A.4, below.

Table A.3 presents total burden and cost for the Agency, by activity.
For the Agency, numbers of respondents, burdens and cost vary interviews
and field work. For screening interviews, the respondent universe is 500
establishments, at an estimated burden and cost to the Agency of 160
hours and $30,867. For emissions and activity measurement, we anticipate
17 establishments at a estimated Agency burden and cost of 4,295 hours
and $291,547.

6(e)	Bottom Line Burden Hours and Cost Tables tc \l2 "6(e)	Bottom Line
Burden Hours and Cost Tables

6(e)(i)	Respondent Tally tc \l3 "6(e)(i)	Respondent Tally

Table A.4 presents total Respondent burden hours and costs. Estimates
are presented separately for the Establishment and Equipment samples.

Table A.4  Total Estimated Annual Respondent Burden and Cost

Collection Component

No. Respondents

No. Activities

Total Hours

Total Labor Cost

Total Capital Cost

Total O&M Cost

Screening Interviews

500

500

 67

$4,723

$0

$0

Emissions and Activity Measurements

17

  95

   32

$ 1993

$0

$0

Total

    517

 595

 99

$6,716

$0

$0

6(e)(ii)	Agency Tally

 tc \l3 "6(e)(ii)	Agency Tally

Table A.5below presents total burden and cost to the Agency for the
Establishment and Equipment Samples, and by Respondent Group within the
Equipment Sample.

Table A.5 Total Estimated Annual Agency Burden and Cost

Collection Component

No. Respondents

No. Activities

Total Hours

Total Labor Cost

Total Capital Cost

Total O&M Cost

Screening Interviews

500

 2,000

  160

$ 10,138

$20,729

$    0

Emissions and Activity measurement

 17

  120

 4,295

$271,060

$10,323

$10,164

Total

  517

 2,120

4,455

  $281,198

$31,052

$ 10,164

6(f)	Reasons for Change in Burden tc \l2 "6(f)	Reasons for Change in
Burden

There is a reduction in burden due to program changes from the previous
ICR. First, we propose to contact fewer respondents overall.  Second,
the burden for each respondent has decreased.  Current estimates are
based on experience acquired during the previous approval, and show that
estimates in the previous submission were overestimated.

6(g)	Burden Statements tc \l2 "6(g)	Burden Statements

The public reporting and recordkeeping burden for this collection of
information is estimated to average 8 minutes per response for
respondents participating only in screening interviews, and 20 minutes
per response for respondents also participating in emissions and usage
measurement.  Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or disclose
or provide information to or for a Federal agency.  This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.  An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OAR-2003-0225, which is available for public viewing at the Air
and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.  The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.  An electronic version of the public
docket is available at www.regulations.gov.  This site can be used to
submit or view public comments, access the index listing of the contents
of the public docket, and to access those documents in the public docket
that are available electronically.  When in the system, select
“search,” then key in the Docket ID Number identified above.  Also,
you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Office for EPA.  Please include
the EPA Docket ID No. EPA-HQ-OAR-2003-0225 and OMB control number
2060-0553 in any correspondence.

REFERENCES tc \l1 "REFERENCES

Ainslie, B., G. Rideout, C. Cooper and D. McKinnon. 1999.  The Impact of
Retrofit Exhaust Control Technologies on Emissions from Heavy-Duty
Diesel Construction Equipment. SAE Technical Paper Series 1999-01-0110.

Bureau of Labor Statistics. 2003. Employer Costs for Employee
Compensation-June 2007. USDL: 07-1434. U.S. Department of Labor,
Washington, D.C.

Federal Committee on Statistical Methodology.  2004. Report of
Statistical Disclosure Limitation Methodology.  Subcommittee on
Disclosure Limitation Methodology. Statistical Policy Office, Office of
Information and Regulatory Affairs, Office of Management and Budget.
Statistical Policy Working Paper 22.
http://www.fcsm.gov/working-papers/spwp22.html. May, 2004.

National Research Council. 2000. Modeling Mobile-Source Emissions.
Committee to Review EPA’s Mobile-Source Emissions Factor (MOBILE)
Model. National Academy Press, Washington D.C.

Office of Environmental Information. 1999.  ICR Handbook: EPA’s Guide
to Writing Information Collection Requests Under the Paperwork Reduction
Act of 1995. Collection Strategies Division, U.S. Environmental
Protection Agency. Washington, D.C.

APPENDIX A-1 tc \l1 "APPENDIX A-2

Relevant Sections of Statutes

The Statutes relevant to this collection are (103(a) and (103(b) of the
Clean Air Act, listed below:

Sec. 103. (a) The Administrator shall establish a national research and
development program for the prevention and control of air pollution and
as part of such program shall -

(1) conduct, and promote the coordination and acceleration of, research,
investigations,  experiments, demonstrations, surveys, and studies
relating to the causes, effects (including health and welfare effects),
extent, prevention, and control of air pollution;

(2) encourage, cooperate with, and render technical services and provide
financial assistance to air pollution control agencies and other
appropriate public or private agencies, institutions, and organizations,
and individuals in the conduct of such activities;

(3) conduct investigations and research and make surveys concerning any
specific problem of air pollution in cooperation with any air pollution
control agency with a view to recommending a solution of such problem,
if he is requested to do so by such agency or if, in his judgment, such
problem may affect any community or communities in a State other than
that in which the source of the matter causing or contributing to the
pollution is located;

(4) establish technical advisory committees composed of recognized
experts in various  aspects of air pollution to assist in the
examination and evaluation of research progress and proposals and to
avoid duplication of research; and

(5) conduct and promote coordination and acceleration of training  for
individuals  relating to the causes, effects, extent, prevention, and
control of air pollution.

(b) In carrying out the provisions of the preceding subsection the
Administrator is authorized to -

(1) collect and make available, through publications and other
appropriate means, the results of and other information, including
appropriate recommendations by him in connection therewith, pertaining
to such research and other activities;

(2) cooperate with other Federal departments and agencies, with air
pollution control agencies, with other public and private agencies,
institutions, and organizations, and with any industries involved, in
the preparation and conduct of such research and other activities;

(3) make grants to air pollution control agencies, to other public or
nonprofit private  agencies, institutions, and organizations, and  to
individuals, for purposes stated in subsection (a)(1) of this section;

(4) contract with public or private agencies, institutions, and
organizations, and with  individuals, without regard to sections 3648
and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5);

(5) establish and maintain research fellowships, in the Environmental
Protection Agency  and at public or  nonprofit private educational
institutions or research organizations;

(6) collect and disseminate, in cooperation with other Federal
departments and agencies, and with other public or private agencies,
institutions, and organizations having related responsibilities, basic
data on chemical, physical, and biological effects of varying air
quality and other information pertaining to air pollution and the
prevention and control thereof;

(7) develop effective and practical processes, methods, and prototype
devices for the prevention or control of air pollution; and

(8) construct facilities, provide equipment, and employ staff as
necessary to carry out this Act.

In carrying out the provisions of subsection (a), the Administrator
shall provide training for, and make training grants to, personnel of
air pollution control agencies and other persons with suitable
qualifications and make grants to such agencies, to other public or
nonprofit private agencies, institutions, and organizations for the
purposes stated in subsection (a)(5). Reasonable fees may be charged for
such training provided to persons other than personnel of air pollution
control agencies but such training shall be provided to such personnel
of air pollution control agencies without charge.

 PAGE  2

( PAGE  23 (