Appendix A Index to NPDES Regulations Index to NPDES Regulations Appendix A CLEAN WATER ACT 40 CFR SECTION NUMBER 301( b) 122.21( m)( 1), 125 Subparts A and D 301( h) 125 Subpart G 301( i) 125 Subpart J 301( k) 125 Subpart C ( Reserved) 303( c) 131 Subparts A, B, and C 304( e) 125 Subpart K 316( a) 124.66, 125 Subpart H SUBJECT A Administrative Procedures Act   Permit Continuation 122.6 Administrative Record   Draft Permit 124.9   Final Permit 124.18 Anti Backsliding ( Reissued Permits) 122.44( l), 122.62( a)( 16) Application   Completeness 122.21( e)   Existing Facilities 122.21( g)   State Program 124.3   Time to Apply 122.21( c)   Duty to Reapply 122.21( d)

Aquaculture 122.2, 125.10 Aquatic Animal Production Facilities   Application 122.21( h)( 2)   Definition 122.24 Appendix A 122 Average Monthly   Non POTW 122.45( d)( 1)   POTW 122.45( d)( 2) Average Weekly Limits ( POTW) 122.45( d)( 2)

SUBJECT B BAT Compliance Deadline 125.3( a)( 2)( iii)( A)( v)( 2) Best Management Practices ( BMP) 122.44( k), 125.100 102 Best Professional Judgment ( BPJ) 125.3 Boilerplate Permit Conditions 122.41 44 Bypass 122.41( m)

NPDES Permit Writers' Manual  Appendix A 1 Appendix A Index to NPDES Regulations SUBJECT C Calculating NPDES Permit Conditions 122.45 Case by Case Limitations ( See BPJ also) 122.44( a), 125.3 Case by Case Permits ( See BPJ also) 124.52 Coast Guard 122.44( p) Coastal Zone Management 122.49( d) Comments During Public Notice 124.13 Compliance Schedules 122.41( l)( 5), 122.47, 122.62( a)( 13) Computation of Time 124.20 Concentrated Animal Feeding Operations 122.21( h)( l), 122.23 Concentrated Aquatic Animal Production 122.21( h)( 2), 122.24 Confidentiality of Information 122.7 Consolidation of Permit Processing 124.4 Continuation of Expiring Permits 122.6 Conventional Pollutants 401.16 SUBJECT D Definitions and General Requirements 122.1 Denial of Permit 122.6( b) Design Flow ( POTWs) 122.45( b) Dilution Prohibition 122.45( f)( 1)( iii) Discharge Monitoring Report ( DMR) 122.41( l)( 4)( i) Discharge of a Pollutant ( definition) 122.2 Draft Permit 124.6 Duration of Permits 122.46 Duty to Comply 122.41( a) Duty to Mitigate 122.41( d) Duty to Provide Information 122.41( h) Duty to Reapply 122.41( b)

SUBJECT E Effective Date 124.15 Endangered Species Act 122.49( c) Environmental Impact Statement   Final 124.61   New Source 122.29( c), 124.10( b)( 1)   NEPA 6 Evidentiary Hearing Procedures 124.71 91 Ex Parte Communication 124.78 Exclusions 122.3 Existing Source Definition 122.29( a)( 3) Expiration Dates ( Duration of Permits) 122.46, 124.2 Extension of Public Comment Period 124.12( c)

Appendix A 2  NPDES Permit Writers' Manual Index to NPDES Regulations Appendix A SUBJECT F Fact Sheets 124.8, 124.56 Filter Backwash 125.3( g) Fish and Wildlife Coordination Act 122.49( e) Fundamentally Different Factors ( FDF) 122.21( m)( 1), 122.44( d)( 8), 125.30 32 SUBJECT G  H General Permits 122.28   Public Notice 124.10( c)( 2)( i)   Special Procedures 124.58 SUBJECT I  L Innovative Technology ( See 301( k)) Inspection and Entry 122.41( i) Internal Waste Streams 122.45( h) Introduction of New Pollutants  POTW 122.42( b) Issuance and Effective Dates 124.15, 124.20, 124.60 SUBJECT M Mass Limitation 122.45( f) Maximum Daily 122.45( d)( l) Metals 122.45( c) Minor Modifications 122.63 Modifications 122.62, 124.5 Monitoring   Recording 122.48   Recordkeeping 122.48( p)   Records 122.41( j)( 2)   Reports ( DMRs) 122.41( l)( 4)   Representative 122.41( j)( 1)

SUBJECT N NPDES ( Definition) 122.2 National Environmental Policy Act 122.49( g) National Historic Preservation Act 122.49( b) Navigation 122.44( q) Need to Halt or Reduce Activity   Not a Defense 122.41( c) Net/ Gross 122.45( g) New Discharger ( Definition) 122.2 New Source   Application 122.21( j)   Criteria 122.29   Definition 122.2 NPDES Permit Writers' Manual  Appendix A 3 Appendix A Index to NPDES Regulations   Prohibited Discharges 122.4( i)   Public Notice 124.10( a)( 1)( vi) Non Advisory Panel Procedures 124.111 128 Non Continuous Discharges 122.45( e) Non Compliance   Anticipated 122.41( l)( 2)   Other 122.41( l)( 7) Notification Levels 122.42( a), 122.44( f)

SUBJECT O Offshore Oil and Gas Facilities 122.28( c) On Site Construction ( New Source) 122.29( c)( 4) Operations and Maintenance 122.41( e)

SUBJECT P Q pH Limits with Continuous Monitoring 401.17 Planned Changes 122.41( l)( 1) Pollutant ( Definition) 122.2 Pollutants in Intake Water ( Net/ Gross) 122.45( g) POTW ( Definition) 122.2 Pretreatment 122.44( j), 403 Primary Industry 122  Appendix A Privately Owned Treatment Works 122.44( m) Production Based Limits 122.45( b) Prohibitions 122.4 Proper Operation and Maintenance 122.41( e) Property Rights 122.41( g) Public Hearings 124.12 Public Notice of Permits 124.10   Contents 124.10( d), 124.57   Public Hearings 124.10( b)( 2), 124.10( d)( 2)

SUBJECT R Reapplication 122.21( d) Recordkeeping 22.21( p), 122.41( j)( 2) Reopener Clause 122.44( c) Reopening of Public Comment Period 124.14 Request for Evidentiary Hearing 124.74 Response to Comments 124.17 Revocation and Reissuance 122.62, 124.5 SUBJECT S Secondary Treatment Requirements 133 Secondary Treatment Variance ( See 301( h) of the CWA) Sewage Sludge 122.44 ( o), 503 Signatory Requirements 122.22, 122.27 Appendix A 4  NPDES Permit Writers' Manual Index to NPDES Regulations Appendix A Small Business Exemption 122.21( g)( 8) State Certification 124.53, 124.54, 124.55, 122.44( d)( 3) Statement of Basis 124.7 Statutory Deadlines   POTW 125.3( a)( l)   Non POTW 125.3( a)( 2) Statutory Variances and Extension 125.3( b) Stays of Contested Permit Conditions 124.16, 124.60 Storm Water 122.26   Application Deadline 122.21( c)( 1)   Group II Dischargers 122.21( f)( 9)   Group II Dischargers 122.21( g)( 10)

SUBJECT T Technology Based Effluent Limits 122.44( a) Ten Year Protection Period for New Sources and Dischargers 122.29( d) Termination of Permit 122.64 Thermal Dischargers ( See 316( a) of the CWA) Toxic Pollutants 122.44( e) Toxic Pollutants List 401.15 Transfer of Permit 122.41( l)( 3), 122.61 Twenty Four Hour Reporting 122.41( l)( 6), 122.44( g)

SUBJECT U Upset 122.41( n)

SUBJECT V Variances   Non POTWs 122.21( l)   POTWs 122.21( m)   Appeals 124.64   Decisions 124.62   Expedited procedures 122.21( n)   Procedures 124.63 SUBJECT W, X, Y, Z Water Quality Standards 122.44( d) Waters of the U. S. ( Definition) 122.2 Wetlands ( See " Waters of the U. S." Definition) Wild and Scenic Rivers Act 122.49( a)

NPDES Permit Writers' Manual  Appendix A 5


[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]
[Page 51803]
[DOCID:fr05se08-35]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2402-108-MI]

Upper Peninsula Power Company; Notice of Availability of
Environmental Assessment

August 28, 2008.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR Part
380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed Upper Peninsula Power Company's proposed shoreline management
plan for the Prickett Hydroelectric Project, located on the Sturgeon
River in Baraga and Houghton Counties, Michigan, and has prepared an
Environmental Assessment (EA).
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also be viewed on the Commission's
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number (P-2402) excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>.
    Any comments on the EA should be filed by September 29, 2008, and
should be addressed to the Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1-A, Washington, DC 20426.
Please reference the project name and project number (P-2402) on all
comments. Comments may be filed electronically via Internet in lieu of
paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site under the ``eFiling'' link. For further information, contact Jon
Cofrancesco at<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20525 Filed 9-4-08; 8:45 am]

BILLING CODE 6717-01-P


 1 TRI COMPLIANCE ASSISTANCE PAPER for Stakeholder Outreach I. BACKGROUND This is one of three papers which describe aspects of the Toxics Release Inventory ( TRI) Program and raise issues for stakeholder input. The scope of each paper corresponds to a phase of the annual TRI reporting cycle. TRI data for a calendar year must be reported to EPA each year by July 1st after the end of the year. Therefore, reporting years are the same as calendar years. The " reporting cycle" begins with EPA's compliance assistance ( CA) activities, including the development of its reporting forms and instructions package. A courtesy copy of the reporting forms and instructions package is generally mailed to facilities in March of each year. Once EPA receives the forms, it enters the data from the forms ( more than 91,000 in 2000) in its TRI database. After entry into the database, EPA runs a number of data quality checks on both the facility identification information and on the chemical specific data. After the data entry and data quality steps are completed, the TRI database is " frozen" for analysis and development of data products for release to the public. Generally, EPA announces the annual release of the TRI data by holding a press event or issuing a press release, and simultaneously notifying a wide range of stakeholders.

The first background paper for this stakeholder process is entitled TRI Data Collection, Processing and Management, and addresses the TRI data process beginning with submission of the forms and ending at the data " freeze." The TRI Data Release Issue Paper is the second of the three; it discusses TRI data products, the process for analyzing and releasing the TRI data, uses of the data, and issues and considerations associated with these aspects of the TRI Program. This paper, TRI Compliance Assistance Paper, which addresses TRI CA activities is the third paper. TRI CA activities are carried out throughout the year with certain activities being closely aligned with the reporting cycle.

II. TRI COMPLIANCE ASSISTANCE ACTIVITIES CA includes activities, tools, or technical assistance that provides clear and consistent information to help the regulated community understand and meet its environmental regulatory obligations. By definition, CA includes finding cost effective ways to comply with regulations and/ or go beyond compliance through the use of pollution prevention, environmental management systems ( EMS), and innovative technologies, thus improving environmental performance. CA is a core function of the TRI Program and is critical to helping facilities understand regulatory requirements, and the submission  2 of accurate and high quality data. The key parts of the TRI CA program include:

Reporting Forms & Instructions Every year the TRI Program publishes the Toxic Chemical Release Inventory Reporting Forms & Instructions guidance document ( http:// www. epa. gov/ tri/ report/ rfi2001. pdf) to provide the regulated community clear and concise information on how to accurately report their toxic chemical releases and other waste management activities to EPA pursuant to EPCRA section 313. This document is key in providing the regulated community with an overview of TRI reporting requirements and updates to reporting requirements from previous reporting years.

EPA would like comments on the TRI Reporting Forms and Instructions, including how it meets the regulated communities' information and reporting needs, and suggestions for changes.

TRI Made Easy ( TRI ME)/ TRI Assistance Library TRI ME ( http:// www. epa. gov/ tri/ report/ software/) is an interactive, intelligent, user friendly software tool that guides facilities through the TRI reporting experience. By leading prospective reporters through a series of logically ordered questions, TRI ME streamlines the user's analysis needed to determine if a facility must complete a Form R report or Form A Certification Statement for a particular chemical. For those facilities required to report, the software provides the user with guidance for each data element on the reporting forms. Additionally, TRI ME has a one stop guidance feature, the TRI Assistance Library ( which is also available separately ( http:// www. epa. gov/ tri/ report/ index. htm# guidance) that allows users to do keyword searches on the statutes, regulations, and many EPCRA section 313 guidance documents. For the more experienced reporter, TRI ME allows for direct data entry onto electronic versions of the Form R and Form A Certification Statement. TRI ME checks the data for common errors and then prepares the forms, on paper, magnetic media, or electronically over the Internet via the EPA's Central Data Exchange ( CDX) for submission to EPA. In the spring of 2002, EPA distributed more than 23,000 copies of TRI ME in preparation for the 2001 reporting year, and is working with facilities to continue to improve and upgrade this compliance tool for the 2002 reporting year. EPA works with TRI ME users to incorporate comments and suggestions on how subsequent versions can be made more helpful and easier to use.

EPA would like comments on both TRI ME and the TRI Assistance Library including how they meet the regulated communities' reporting and information needs, and suggestions for  3 changes.

Industry Training Workshops The TRI Industry Training Workshops ( provided by both headquarters and the EPA regions) ( http:// www. epa. gov/ tri/ report/ training/ index. htm) provide the regulated community with live training on the TRI regulatory requirements, guidance on how to complete the reporting Form R and the Form A Certification Statement, as well as an update on new program requirements and changes. In preparation for the 2001 reporting year, there were approximately 75 one and two day workshops held throughout the US and attended by more than 3,000 participants. Certain workshops have been designed for specific industry sectors ( e. g., mining, electric utilities, federal facilities), while others have been designed for the reporting of specific chemicals ( e. g., there were nine lead and lead compounds workshops which had more than 700 participants in preparation for the first year of reporting of lead and lead compounds at a lower threshold in 2001).

The intent of the training workshops is to familiarize facilities with the reporting obligations they may have under section 313 of EPCRA and section 6607 of the PPA. Sessions present basic reporting requirements and a variety of hands on exercises using the reporting forms and supporting materials that assist participants in understanding their reporting obligations. Workshops have been designed for persons from facilities that operate in the industry sectors subject to EPCRA Section 313 and PPA Section 6607, persons from facilities that may be affected by the recent changes to the EPCRA section 313 and PPA section 6607 regulations, and persons from federal facilities and private sector facilities responsible for completing EPCRA section 313 reporting form( s), and consulting firms who may be assisting them.

EPA would like comments on all aspects of the TRI Industry Training Workshops, including how they meet the regulated communities' training and information needs, and suggestions for changes. In addition, EPA would like comments on the possibility of other venues for providing the training, such as developing computer based training modules or privatizing TRI training in the future.

Guidance Documents EPA provides industry specific, chemical specific and general guidance to assist the regulated community in fulfilling their reporting obligations under section 313 of EPCRA ( http:// www. epa. gov/ tri/ guide_ docs/ index. htm). Industry specific guidance provides general statutory  4 and regulatory guidance for specific industry sectors, in addition to industry specific reporting recommendations and emission factors. Chemical specific guidance explains the EPCRA Section 313 reporting requirements, and provides guidance on how to estimate annual releases and other waste management quantities of a particular chemical from certain industries and industrial activities.

In addition, EPA has made available the " EPCRA Section 313 Questions and Answers" ( Q& A) document ( http:// www. epa. gov/ tri/ guide_ docs/ 1998/ 1998qa. pdf). The latest version of this document was published in 1998 and the Agency anticipates releasing an updated version in the summer of 2002. This document has been developed to clarify reporting requirements in conjunction with the statute and TRI regulations, including topics related to reporting requirements, exemptions, Form R calculations and submissions, supplier notification, trade secrets, and policy directives. EPA is currently in the process of updating the Q& A document. EPA has also developed guidance that assists facilities with specific aspects of the reporting process such as in revising/ withdrawing TRI submissions ( http:// www. epa. gov/ tri/ guide_ docs/ index. htm# general).

EPA would like comments on all guidance documents, including how they meet the regulated communities' reporting and information needs, and suggestions for changes. Suggestions and comments can relate to specific guidance documents ( e. g., lead and lead compounds guidance document, metal mining guidance document), or general comments on the overall presentation of material ( e. g., understandable, accessible, appropriate reference information, helpful, etc.).

Interpretive Guidance ( IG)

Facilities are encouraged to and do write to the TRI Program directly, asking site specific questions relating to TRI reporting requirements. The TRI Program responds directly to facility questions through a formal interpretive guidance ( IG) process established by the TRI Program.

EPA would like comments on the IG process, including how it meets the regulated communities' information needs, and suggestions for changes ( e. g., is there a need for public access to the IG database, can the Q& A guidance document be updated immediately with IG policy decisions).

Compliance Assistance Outreach Activities At both EPA headquarters and the regional offices, the TRI Program spends a significant  5 amount of time providing outreach to assist the regulated community in fulfilling their reporting obligations under section 313 of EPCRA. Outreach activities ( e. g., meetings, conferences, answering phone calls, etc.) vary depending upon the needs of the region, the year of reporting ( e. g., PBT chemical reporting for the first time in RY 2000), and other factors. Depending upon the needs of the regulated community, EPA works with both individual facilities and industry groups to provided CA activities fore those required to report to TRI.

EPA would like comments on the success of TRI CA outreach activities, including how they meet the regulated communities' information needs, and suggestions for changes ( e. g., are there other outreach activities that EPA could be doing to enhance CA?).

TRI Website In 2002, the TRI Program redesigned ( http:// www. epa. gov/ tri/ site_ design. htm) the EPA TRI website ( http:// www. epa. gov/ tri) in an effort to provide easier and faster access to TRI information. The TRI website was redesigned to simplify access to TRI information for both the public and the regulated community. Depending upon the topic, CA information can be quickly accessed and downloaded. If individuals have additional questions, contact information is available ( HQ, EPA regional TRI coordinators, state TRI coordinators, EPCRA Hotline, TRI User Support, TRIDOCs).

EPA would like comments on the recently redesigned TRI Website, including how it meets users' data and information needs, and suggestions for changes.

EPCRA Call Center ( EPCRA Hotline)

The TRI Program also offers reporting assistance to the regulated community through a telephone hotline, called the RCRA, Superfund and EPCRA Call Center. As the name implies, the call center is a one stop hotline that provides guidance on a variety of regulations. Operated Monday  Friday from 9: 00am to 5: 00pm ( eastern standard time), the regulated community can telephone the hotline to ask questions about how to comply with EPCRA section 313. The call center relies on written guidance, including guidance documents prepared by EPA and letters that respond to regulatory questions from the regulated community. Each year, the call center receives about 30,000 questions. A separate monthly survey conducted by the contractor who manages the call center shows high satisfaction with the call center: 63% of respondents indicated that they were strongly satisfied; 25% indicated they were mostly satisfied; 11% indicated they were satisfied; 1% indicated they were dissatisfied. In addition, the EPCRA Call Center maintains a free electronic mailing list server that E  6 mails EPCRA related documents/ information as they are published.

EPA would like comments on the EPCRA Call Center, including how it meets users' data and information needs, and suggestions for changes.

TRI User Support ( TRI US)/ TRI Documents TRI US provides a mechanism by which individuals who have questions or need assistance can contact EPA's TRI Program directly ( TRI US can be contacted at ( 202) 566 0250 or via E mail tri. us@ epa. gov). In addition, all TRI Documents can be obtained free by calling the TRIDOCS hotline ( 202) 564 9554.

EPA would like comments on both TRI US and the TRIDOCS hotline, including how they meet the regulated communities' data and information needs, and suggestions for changes.

III. EVALUATION In general, the CA activities outlined above have been implemented with very successful results. Many activities were initiated and modified in response to requests from the regulated community and other TRI stakeholders. In EPA's continued effort to improve CA to the regulated community, the TRI Program would like to evaluate the effectiveness of current CA activities with respect to the following:

C Effectiveness for improving data quality;

C Effectiveness for improving compliance with section 313 of EPCRA ( 40 CFR § 372) and section 6607 of the PPA ( i. e., TRI requirements); C Burden reduction ( i. e., the time/ effort it takes the regulated community to fulfill TRI requirements); and C Identification of gaps for new CA efforts or modification of existing tools.

There are several ways which this evaluation can be completed. For example:

C Conduct a survey/ interview of users of the TRI CA tools and CA providers, and follow up with a focus group meeting going over the results and generating new ideas; C Develop a correlation between TRI data and the implementation of CA tools ( e. g., develop a histogram between trends in TRI data and implementation of CA tools); and  7 C Evaluate use/ demand for the various CA tools ( e. g., number and types of callers to the EPCRA Call Center).

Finally, EPA requests general comments on the overall successfulness of the TRI Program's CA activities. For example, which CA activities have been the most successful? Which have been the least successful, and why? Can the Agency more effectively use enforcement initiatives or targeting to: improve overall reporting; encourage reporting from non reporters; and receive better data ( i. e., focus not just on CA activities but the goal of better data). If cuts in CA activities are necessary, which CA activities should EPA continue to invest? Which CA activities should EPA disinvest, and why? Compliance assistance is targeted and delivered both by EPA headquarters and EPA regions. Is this successful? Is there significant variation in quality? In addition, EPA requests comments on any aspect of CA that may have not been mentioned above. For example, all of the CA activities outlined above have been provided by the TRI Program. Are there opportunities to develop CA activities through other Agency programs or efforts? For example, the TRI Program currently provides the CA information that it develops in a variety of ways, including through the program's web site, EPA's Compliance Assistance Centers, on EPA's regions websites, through requests to the EPCRA Call Center, TRI US, and TRI DOCS. What other opportunities exist to enhance CA for the regulated community reporting to TRI?


                             EPA ICR Number 2311.01

                               ICR ATTACHMENT H

                              Labor Wage Formulas

Registrant Labor Costs *
Labor Category:
Formula
                                  Managerial
                                   Technical
                                   Clerical
Unloaded Hourly Rate [1]
 = W
                                    $57.76
                                    $32.46
                                    $18.18
Benefits Percentage [2]
Lb = B/W
                                      44%
                                      44%
                                      44%
Benefits per hour
B = W*Lb
                                    $25.18
                                    $14.15
                                     $7.93
Loaded Hourly Rate
Wb = W+B = W(1+Lb)
                                    $82.94
                                    $46.61
                                    $26.11
Overhead Percentage [3]
Lo = OH/Wb
                                      50%
                                      50%
                                      50%
Overhead per hour
OH = Wb*Lo
                                    $41.47
                                    $23.31
                                    $13.05
Fully Loaded Wage Rate
Wf = Wb + OH
 = W + B + OH
                                    $124.42
                                    $69.92
                                    $39.16
   1.    Data Source:  http://www.bls.gov/oes/current/naics4_325300.htm
        Management:  11-0000, Management Occupations
        Technical:  19-0000, Life Physical, and Social Science Occupations
        Clerical:  43-0000, Office and Administrative Support Occupations
   2.    Fringe benefits / wage per hour
   3.    U.S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The loading for indirect costs is within the range of 20-70% of the loaded labor rate (wage + benefits) suggested in EPA guidance.
* US Department of Labor Statistics, May 2013

State Government Labor Costs *
Labor Category
Formula
                                  Managerial
                                   Technical
                                   Clerical
Unloaded Hourly Rate [1]
= W
                                    $39.78
                                    $27.20
                                    $18.76
Benefits Percentage [2]
Lb = B/W
                                      44%
                                      44%
                                      44%
Benefits per hour
B = W*Lb
                                    $17.34
                                    $11.86
                                     $8.18
Loaded Hourly Rate
Wb = W+B =  W(1+Lb)
                                    $57.12
                                    $39.06
                                    $26.94
Overhead Percentage [2]
Lo = OH/Wb
                                      50%
                                      50%
                                      50%
Overhead per hour
OH = Wb*Lo
                                    $28.56
                                    $19.53
                                    $13.47
Fully Loaded Wage Rate
Wf = Wb + OH
= W + B + OH
                                    $85.69
                                    $58.59
                                    $40.41
   1.    Data Source:  http://www.bls.gov/oes/current/naics4_999200.htm
      Management:  11-0000, Management Occupations
      Technical:  19-0000, Life Physical, and Social Science Occupations
      Clerical:  43-0000, Office and Administrative Support Occupations
   2.    Fringe benefits / wage per hour
   3.    U.S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The loading for indirect costs is within the range of 20-70% of the loaded labor rate (wage + benefits) suggested in EPA guidance.
* US Department of Labor Statistics, May 2013
EPA (Agency) Labor Costs *
Labor Category
Formula
                                  Managerial
                                   Technical
                                   Clerical
Unloaded Hourly Rate [1]
= W
                                    $55.83
                                    $36.86
                                    $20.77
Benefits Percentage [2]
Lb = B/W
                                      44%
                                      44%
                                      44%
Benefits per hour
B = W*Lb
                                    $24.34
                                    $16.07
                                     $9.06
Loaded Hourly Rate
Wb = W+B = W(1+Lb)
                                    $80.17
                                    $52.93
                                    $29.83
Overhead Percentage [3]
Lo = OH/Wb
                                      50%
                                      50%
                                      50%
Overhead per hour
OH = Wb*Lo
                                    $40.09
                                    $26.47
                                    $14.91
Fully Loaded Wage Rate
Wf = Wb + OH
= W + B + OH
                                    $120.26
                                    $79.40
                                    $44.74
   1.    Data Source:  http://www.bls.gov/oes/current/naics4_999100.htm
        Management:  11-0000, Management Occupations
        Technical:  19-0000, Life Physical, and Social Science Occupations
        Clerical:  43-0000, Office and Administrative Support Occupations
   2.    Fringe benefits / wage per hour
   3.    U.S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The loading for indirect costs is within the range of 20-70% of the loaded labor rate (wage + benefits) suggested in EPA guidance.
* US Department of Labor Statistics, May 2013


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19888-19891]
[FR Doc No: 2014-08038]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC14-10-000]

Commission Information Collection Activities, (FERC-725E, FERC-
583, FERC-512, and FERC-588); Consolidated Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collections and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 USC 3506(c)(2)(A), the Federal Energy Regulatory
Commission (Commission or FERC) is soliciting public comment on the
requirements and burden \1\ of the information collections described
below. Please note that this is the first time FERC has issued a
consolidated notice involving otherwise unrelated information
collections.
---------------------------------------------------------------------------

    \1\ The Commission defines burden as 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. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

---------------------------------------------------------------------------
DATES: Comments on the collections of information are due June 9, 2014.

ADDRESSES: You may submit comments (identified by Docket No. IC14-10-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Please reference the specific collection number and/or title in
your comments.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year extension of the information collection
requirements for all collections described below with no changes to the
current reporting requirements. Please note that each collection is
distinct from the others contained within this notice.
    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

FERC-725E, Mandatory Reliability Standards for the Western Electric
Coordinating Council

    OMB Control No.: 1902-0246.
    Abstract: The information collected by the FERC-725E (OMB Control
No. 1902-0246) is required to implement the statutory provisions of
section 215 of the Federal Power Act (FPA) (16 U.S.C. 824o). Section
215 of the FPA buttresses the Commission's efforts to strengthen the
reliability of the interstate grid through the grant of new authority
by providing for a system of mandatory Reliability Standards developed
by the Electric Reliability Organization. Reliability Standards that
the ERO proposes to the Commission may include Reliability Standards
that are proposed to the ERO by a Regional Entity.\2\ A Regional Entity
is an entity that has been approved by the Commission to enforce
Reliability Standards under delegated authority from the ERO.\3\ On
June 8, 2008 in an adjudicatory order, the Commission approved eight
regional Reliability Standards submitted by the ERO that were proposed
by the Western Electricity Coordinating Council (WECC).\4\
---------------------------------------------------------------------------

    \2\ 16 U.S.C. 824o(e)(4).
    \3\ 16 U.S.C. 824o(a)(7) and (e)(4).
    \4\ 72FR33462, June 18, 2007.
---------------------------------------------------------------------------

    WECC is responsible for coordinating and promoting electric system
reliability. In addition to promoting a reliable electric power system
in the Western Interconnection, WECC

supports efficient competitive power markets, ensures open and non-
discriminatory transmission access among members, and provides a forum
for resolving transmission access disputes plus the coordination of
operating and planning activities of its members.
    There are eight Reliability Standards currently applicable in the
WECC region. These standards generally require entities to document
compliance with substantive requirements, retain documentation, and
submit reports to WECC.
     BAL-002-WECC-2 requires balancing authorities and reserve
sharing groups to document compliance with the contingency reserve
requirements described in the standard.
     BAL-004-WECC-02 requires balancing authorities to document
that time error corrections and primary inadvertent interchange payback
were conducted according the requirements in the standard.
     FAC-501-WECC-1 requires transmission owners with certain
transmission paths to have a transmission maintenance and inspection
plan and to document maintenance and inspection activities according to
the plan.
     IRO-006-WECC-1 requires balancing authorities and
reliability coordinators document actions taken to mitigate unscheduled
flow.
     PRC-004-WECC-1 requires transmission owners, generator
owners and transmission operators to document their analysis and/or
mitigation due to certain misoperations on major transfer paths. This
standard requires that documentation be kept for six years.
     TOP-007-WECC-1 requires transmission operators to document
that when actual flows on major transfer paths exceed system operating
limits their schedules and actual flows are not exceeded for longer
than a specified time.
     VAR-002-WECC-1 requires generator operators and
transmission operators to provide quarterly reports to the compliance
monitor and have evidence related to their synchronous generators,
synchronous condensers, and automatic voltage regulators.
     VAR-501-WECC-1 requires generator operators to provide
quarterly reports to the compliance monitor and have evidence regarding
operation of their power system stabilizers.
    The information generated by these standards generally serves to
ensure entities are complying with applicable Reliability Standards.
    Type of Respondents: Balancing authorities, reserve sharing groups,
transmission owners, reliability coordinators, transmission operators,
generator operators.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:

            FERC-725E, Mandatory Reliability Standards for the Western Electric Coordinating Council
----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                                 Number of      Annual  number  Average  burden/   burden hours
                                              respondents \5\   of  responses       cost per      (Total annual
                                                               per  respondent      response          cost)
FERC data collection                                      (1)              (2)              (4)      (1)*(2)*(3)
----------------------------------------------------------------------------------------------------------------
                  FERC-725E
Reporting:
    Balancing Authorities...................               34                1               21              714
    Generator Operators.....................              228                1               10            2,280
    Transmission Operators applicable to                   86                4               10            3,440
     standard VAR-002 \6\...................
    Transmission Operators that operate                     9                3               40            1,080
     qualified transfer paths \7\...........
    Transmission Owners that operate                        5                3               40              600
     qualified transfer paths \8\...........
    Reliability Coordinators................                1                1                1                1
    Reserve Sharing Group...................                3                1                1                3
                                             -------------------------------------------------------------------
        Total...............................  ...............  ...............  ...............            8,118
Record-keeping: \9\
    Balancing Authorities...................  ...............  ...............  ...............               71
    Balancing Authorities (IRO-006) \10\....  ...............  ...............  ...............               34
    Generator Operators.....................  ...............  ...............  ...............              228
    Transmission Operator (VAR-002).........  ...............  ...............  ...............              344
    Transmission Operator...................  ...............  ...............  ...............              108
    Transmission Owner......................  ...............  ...............  ...............               60
    Reliability Coordinator \11\............  ...............  ...............  ...............               34
                                             -------------------------------------------------------------------
        Total...............................  ...............  ...............  ...............              879
----------------------------------------------------------------------------------------------------------------

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

    \5\ Number of respondents derived from the NERC Compliance
Registry as of February 25, 2014.
    \6\ Based on estimates in Order 751, Docket No. RM09-9-000
    \7\ Based on burden estimates taken from the Order in Docket No.
RR07-11-000 P. 130.
    \8\ Id.
    \9\ Based on 10% total annual burden hours per response.
    \10\ Based on record keeping hours for Balancing Authorities in
Order 746 in Docket No. RM09-19-000 implementing IRO-006-WECC-1.
    \11\ Based on record keeping hours in Order 746 in Docket No.
RM09-19-000.
---------------------------------------------------------------------------

FERC-583, Annual Kilowatt Generating Report (Annual Charges)

    OMB Control No.: 1902-0136.
    Abstract: The FERC-583 is used by the Commission to implement the
statutory provisions of section 10(e) of the Federal Power Act (FPA)
(16 U.S.C. 803(e)), which requires the Commission to collect annual
charges from hydropower licensees for, among other things, the cost of
administering Part I of the FPA and for the use of United States dams.
In addition, section 3401 of the Omnibus Budget Reconciliation Act of
1986 (OBRA) authorizes the Commission to ``assess and collect fees and
annual charges in any fiscal year in amounts equal to all of the costs
incurred by the Commission in that fiscal year.'' The information is
collected annually and used to determine the amounts of the annual
charges to be assessed licensees for

reimbursable government administrative costs and for the use of
government dams. The Commission implements these filing requirements in
the Code of Federal Regulations (CFR) under 18 CFR part 11.
    Type of Respondent: FERC-regulated private and public hydropower
licensees.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:

                          FERC-583, Annual Kilowatt Generating Report (Annual Charges)
----------------------------------------------------------------------------------------------------------------
                     Annual  number                       Average  burden      Total annual
    Number of       of responses per   Total number  of    and cost  per     burden hours and       Cost per
 respondents \12\      respondent         responses        response \13\    total annual cost    respondent ($)
(1)                            (2)        (1)*(2)=(3)                (4)        (3)*(4)=(5)            (5)/(1)
----------------------------------------------------------------------------------------------------------------
            517                  1                517                  2              1,034               $141
                                                                    $141            $72,897
----------------------------------------------------------------------------------------------------------------

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

    \12\ Based on data from Fiscal Year 2013, there were 517
projects, owned by 241 FERC-regulated private and public licensees.
Many of the licensees owned multiple projects.
    \13\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $70.50 per
hour.
---------------------------------------------------------------------------

FERC-512, Application for Preliminary Permit

    OMB Control No.: 1902-0073.
    Abstract: The Commission uses the information collected under the
requirements of FERC-512 to implement the statutory provisions of
sections 4(f), 5 and 7 of the Federal Power Act (FPA).\14\ The purpose
of obtaining a preliminary permit is to maintain priority of the
application for a license for a hydropower facility while the applicant
conducts surveys to prepare maps, plans, specifications and estimates;
conducts engineering, economic and environmental feasibility studies;
and making financial arrangements. The conditions under which the
priority will be maintained are set forth in each permit. During the
term of the permit, no other application for a preliminary permit or
application for a license submitted by another party can be accepted.
The term of the permit is three years. The information collected under
the designation FERC-512 is in the form of a written application for a
preliminary permit which is used by Commission staff to determine an
applicant's qualifications to hold a preliminary permit, review the
proposed hydro development for feasibility and to issue a notice of the
application in order to solicit public and agency comments. The
Commission implements these mandatory filing requirements in the Code
of Federal Regulations (CFR) under 18 CFR 4.31-.33, 4.81-.83.
---------------------------------------------------------------------------

    \14\ 16 U.S.C. 797, 798, & 800.
---------------------------------------------------------------------------

    Type of Respondents: Hydropower facilities.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \15\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $70.50 per
hour.

                                  FERC-512--Application for Preliminary Permit
----------------------------------------------------------------------------------------------------------------
                                                                               Total annual
    Number of      Annual  number of   Total number  of  Average  burden/$     burden hours         Cost per
   respondents        responses per       responses        per  response      (total annual      respondent ($)
                       respondent                               \15\              cost)
(1)                            (2)        (1)*(2)=(3)                (4)        (3)*(4)=(5)            (5)/(1)
----------------------------------------------------------------------------------------------------------------
            125                  1                125                 37              4,625          $2,608.50
                                                               $2,608.50        $326,062.50
----------------------------------------------------------------------------------------------------------------

FERC-588, Emergency Natural Gas Transportation, Sale, and Exchange
Transportation

    OMB Control No.: 1902-0144.
    Abstract: The Commission uses the information collected under the
requirements of FERC-588 to implement the statutory provisions of
sections 7(c) of the Natural Gas Act (NGA) (Pub. L. 75-688) (15 U.S.C.
717-717w) and provisions of the Natural Gas Policy Act of 1978 (NGPA),
15 U.S.C. 3301-3432. Under the NGA, a natural gas company must obtain
Commission approval to engage in the transportation, sale or exchange
of natural gas in interstate commerce. However, section 7(c) exempts
from certificate requirements ``temporary acts or operations for which
the issuance of a certificate will not be required in the public
interest.'' The NGPA also provides for non-certificated interstate
transactions involving intrastate pipelines and local distribution
companies.
    A temporary operation, or emergency, is defined as any situation in
which an actual or expected shortage of gas supply would require an
interstate pipeline company, intrastate pipeline, local distribution
company, or Hinshaw pipeline to curtail deliveries of gas or provide
less than the projected level of service to the customer. The natural
gas companies which provide the temporary assistance to the companies
which are having the ``emergency'' must file the necessary information
described in Part 284, Subpart I of the Commission's Regulations with
the Commission so that it may determine if their assisting transaction/
operation qualifies for exemption. The assisting company may or may not
be under the Commission's jurisdiction and if their assisting actions
qualify for the exemption, they will not become subject to the
Commission's jurisdiction for such actions.
    A report within forty-eight hours of the commencement of the
transportation, sale or exchange, a request to extend the sixty-day
term of

the emergency transportation, if needed, and a termination report are
required. The data required to be filed for the forty-eight hour report
is specified by 18 CFR 284.270.
    Type of Respondents: Natural Gas Pipelines.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \16\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $70.50 per
hour.

                FERC-588--Emergency Natural Gas Transportation, Sale, and Exchange Transportation
----------------------------------------------------------------------------------------------------------------
                                                                               Total annual
    Number of      Annual  number of   Total number  of   Average burden/$     burden hours         Cost per
   respondents        responses per       responses      per response \16\    (total annual      respondent ($)
                       respondent                                                 cost)
(1)                            (2)        (1)*(2)=(3)                (4)        (3)*(4)=(5)            (5)/(1)
----------------------------------------------------------------------------------------------------------------
              8                  1                  8                 10                 80               $705
                                                                    $705             $5,640
----------------------------------------------------------------------------------------------------------------

    Dated: April 2, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-08038 Filed 4-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Notices]
[Pages 36577-36579]
[FR Doc No: 2022-13078]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0045; Notice 1]

Vermeer Manufacturing Company, Receipt of Petition for Decision
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Vermeer Manufacturing Company (``Vermeer'') has determined
that certain Model Year (MY) 2006-2021 Vermeer, Vac-Tron, and
McLaughlin trailers manufactured by its subsidiary, Vermeer MV
Solutions, Inc. (including its predecessors in interest Mclaughlin
Group, Inc. and Vac-Tron Equipment, LLC) do not fully comply with
Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection
and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying
Capacity Information for Motor Vehicles with a GVWR of 4,536 Kilograms
(10,000 Pounds) or Less. Vermeer filed a noncompliance report dated
April 26, 2021, and amended it on May 14, 2021, and May 20, 2021.
Simultaneously, Vermeer petitioned NHTSA on May 20, 2021, and amended
it on June 10, 2021, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces receipt of Vermeer's petition.

DATES: Send comments on or before July 18, 2022.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have

submitted by mail were received, please enclose a stamped, self-
addressed postcard with the comments. Note that all comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Office of Vehicle Safety
Compliance, NHTSA,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Overview

    Vermeer has determined that certain MY 2006-2021 Vermeer, Vac-Tron,
and McLaughlin trailers do not fully comply with the requirements of
paragraph S4.3.5 of FMVSS No. 110, Tire Selection and Rims and Motor
Home/Recreation Vehicle Trailer Load Carrying Capacity Information for
Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less
(49 CFR 571.110). Vermeer filed an original noncompliance report dated
April 26, 2021, and amended it on May 14, 2021, and May 20, 2021.
Vermeer simultaneously petitioned NHTSA on May 20, 2021, and amended it
on June 10, 2021, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Vermeer's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.

II. Trailers Involved

    Approximately 1,308 of the following MY 2006-2021 Vermeer, Vac-
Tron, and McLaughlin trailers, manufactured by Vermeer's subsidiary,
Vermeer MV Solutions, Inc. (including its predecessors in interest
Mclaughlin Group, Inc. and Vac-Tron Equipment, LLC) between March 1,
2006, and April 28, 2021, are potentially involved:

 MY 2021 Vermeer LPMINI
 MY 2014-2021 Vac-Tron LPMINI
 MY 2021 Vermeer LPMINIXDT
 MY 2019-2021 Vac-Tron LPSDT
 MY 2021 Vermeer LPSDT
 MY 2019-2020 Vac-Tron LPSGT
 MY 2021 Vermeer LPSGT
 MY 2019-2021 Vac-Tron LPXDT
 MY 2014-2020 Vac Tron LPMINIXDT
 MY 2015-2019 Vac Tron LP573XDT
 MY 2015 Vac-Tron CS530GT
 MY 2013 Vac-Tron CS555GT
 MY 2016-2018 Vac-Tron CS570GT
 MY 2018 Vac-Tron CS573GT
 MY 2017-2018 Vac-Tron CV570GT
 MY 2017-2018 Vac-Tron CV570SGT
 MY 2016-2018 Vac-Tron CV573GT
 MY 2016-2019 Vac-Tron CV573SGT
 MY 2019-2021 Vac-Tron CVGT
 MY 2021 Vermeer CVGT
 MY 2019-2021 Vac-Tron CVSGT
 MY 2021 Vermeer LPXDT
 MY 2021 Vermeer CVSGT
 MY 2016 Vac-Tron EV150DT
 MY 2011-2019 Vac-Tron EV150GT
 MY 2019-2021 Vac Tron EVGT
 MY 2006 Vac-Tron FM150SGT
 MY 2008 Vac-Tron FM350SDT
 MY 2011-2018 Vac-Tron JETTERTLR
 MY 2013-2017 Vac-Tron LP303GT
 MY 2016 Vac-Tron LP303XDT
 MY 2011-2013 Vac-Tron LP305DT
 MY 2012 Vac-Tron LP305GT
 MY 2014 Vac-Tron LP333DT
 MY 2014-2015 Vac-Tron LP333GT
 MY 2011-2012 Vac-Tron LP355DT
 MY 2013 Vac-Tron LP355GT
 MY 2018 Vac-Tron LP370XDT
 MY 2015-2019 Vac-Tron LP373GT
 MY 2016-2018 Vac-Tron LP373SGT
 MY 2017 Vac-Tron AIR373SDT
 MY 2017-2018 Vac-Tron LP373XDT
 MY 2013 Vac-Tron LP500DT
 MY 2011 Vac-Tron LP500GT
 MY 2013-2017 Vac-Tron LP533SDT
 MY 2015 Vac-Tron LP533SGT
 MY 2011-2012 Vac-Tron AIR555SDT
 MY 2016-2018 Vac-Tron AIR573SDT
 MY 2019 Vac-Tron AIRSDT
 MY 2012 Vac-Tron CS350GT
 MY 2021 Vermeer CS418B
 MY 2012-2016 Vac-Tron CS500DT
 MY 2011-2015 Vac-Tron CS500GT
 MY 2012 Vac-Tron LP550SDT
 MY 2011-2013 Vac-Tron LP555DT
 MY 2009-2013 Vac-Tron LP555SDT
 MY 2016 Vac-Tron LP573GT
 MY 2015-2019 Vac-Tron LP573SDT
 MY 2015-2018 Vac-Tron LP573SGT
 MY 2016-2021 McLaughlin CS418B
 MY 2015-2019 McLaughlin V25G
 MY 2014-2020 McLaughlin VX30
 MY 2014-2019 McLaughlin VX30G
 MY 2014-2021 McLaughlin VX50
 MY 2008 McLaughlin V250
 MY 2013-2014 McLaughlin V500LEG
 MY 2012-2014 McLaughlin V500LELT
 MY 2012-2014 McLaughlin V500LELTHD
 MY 2007 McLaughlin V500LT

III. Noncompliance

    Vermeer explains that the noncompliance is that the subject
trailers are not equipped with vehicle placards as required by
paragraph S4.3.5 of FMVSS No. 110.

IV. Rule Requirements

    Paragraph S4.3.5 of FMVSS No. 110 includes the requirements
relevant to this petition. Each trailer, except for an incomplete
vehicle, must show the information specified in S4.3 (c) through (g)
and may show the information specified in paragraphs S4.3 (h) and (i),
on a placard permanently affixed proximate to the certification label
specified in 49 CFR part 567. Additionally, each trailer must on its
placard contain a cargo capacity statement expressed as ``The weight of
cargo should never exceed XXX kilograms or XXX pounds'' in the same
location on the placard specified for the ``vehicle capacity weight''
statement required by this standard. The information specified in
paragraph S4.3 (e) shall be shown on both the vehicle placard and on
the tire inflation pressure label (if such a label is affixed to
provide the information specified in S4.3 (c), (d), (h), and (i)) in
the format and color scheme set forth in Figures 1 and 2.

V. Summary of Vermeer's Petition

    The following views and arguments presented in this section, ``V.
Summary of Vermeer's Petition,'' are the views and arguments provided
by Vermeer. They have not been evaluated by the Agency and do not
reflect the views of the Agency. Vermeer describes the subject
noncompliance and contends that the noncompliance is inconsequential as
it relates to motor vehicle safety.
    Vermeer provided background information about the subject trailers
to further explain why it believes the subject noncompliance is

inconsequential to safety. Vermeer says that the subject trailers are
``used by professional construction companies, not by the general
public.'' In support, Vermeer cited several decisions NHTSA has
published in the past regarding consideration in evaluating
inconsequential noncompliance petitions. Vermeer quotes NHTSA as saying
that ``the issue to consider is the consequence to an occupant who is
exposed to the consequence of that noncompliance'' \1\ and that NHTSA
also considers the ``specific facts before it in a particular
petition'' \2\ in addition to ``whether an occupant who is affected by
the noncompliance is likely to be exposed to a significantly greater
risk than an occupant in a compliant vehicle [emphasis added by
Vermeer].'' \3\
---------------------------------------------------------------------------

    \1\ See General Motors, LLC, Denial of Petition for Decision of
Inconsequential Noncompliance, 85 FR 71713 (Nov. 10, 2020); see also
General Motors Corp.; Ruling on Petition for Determination of
Inconsequential Noncompliance, 69 FR 19897 (Apr. 14, 2004).
    \2\ See BMW of North America, LLC; Jaguar Land Rover North
America, LLC; and Autoliv, Inc.; Decisions of Petitions for
Inconsequential Noncompliance, 84 FR 19994 (May 7, 2019) (citing
General Motors, LLC., Grant of Petition for Decision of
Inconsequential Noncompliance, 81 FR 92963 (Dec. 20, 2016)).
    \3\ See Cosco Inc.; Denial of Application of Inconsequential
Noncompliance, 64 FR 29408 (Jun. 1, 1999).
---------------------------------------------------------------------------

    According to Vermeer, [t]he purpose of the tire placard is
informational and not a substantive performance standard, and the
missing information is readily available to operators from other
sources.'' Vermeer notes that along with the required information being
readily available in the owner's manual, the missing information from
the tire placard can also be found on the tire sidewalls and rims
installed on the subject trailers. Vermeer also notes that another
source of the missing information would be MyVermeer.com.
    Vermeer observes that NHTSA has previously granted
inconsequentiality petitions that pertain to a similar noncompliance as
the subject petition. These include:
     See Mercedes-Benz USA, LLC, Grant of Petition for Decision
of Inconsequential Noncompliance, 84 FR 25118 (May 30, 2019);
     See General Motors, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 84 FR 25117 (May 30, 2019);
     See Mercedes-Benz USA, LLC, Grant of Petition for Decision
of Inconsequential Noncompliance, 82 FR 5640 (January 18, 2017);
     See Volkswagen Group of America, Inc., Grant of Petition
for Decision of Inconsequential Noncompliance, 81 FR 88728 (December 8,
2016);
     See Volkswagen Group of America, Grant of Petition for
Decision of Inconsequential Noncompliance, 81 FR 28935 (May 10, 2016);
     See Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 81 FR 30607 (May 17, 2016);
     See BMW of North America, LLC, Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR 76408 (December 17,
2013);
     See Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 38443 (June 26, 2013); and
     See Hyundai-Kia America Technical Center, Inc., Grant of
Petition for Decision of Inconsequential Noncompliance, 78 FR 38445
(June 26, 2013).
    Vermeer emphasized that the operators of the subject trailers
``would be experienced with and knowledgeable about these trailers.''
Vermeer says that the granting of an inconsequentiality petition
submitted by Chrysler Group supports this assertion.\4\
---------------------------------------------------------------------------

    \4\ See Chrysler Group, LLC, Grant of Petition for Decision of
Inconsequential Noncompliance; 81 FR 30607 (May 17, 2016).
---------------------------------------------------------------------------

    Last, Vermeer contends that the subject trailers meet all of the
other requirements with FMVSS No. 110 and that Vermeer ``is not aware
of any complaints, claims, or incidents related to the subject
noncompliance.''
    Vermeer concludes that the subject noncompliance is inconsequential
as it relates to motor vehicle safety and that its petition to be
exempted from providing notification of the noncompliance, as required
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by
49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject trailers that Vermeer no
longer controlled at the time it determined that the noncompliance
existed.
    However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant trailers under their control after Vermeer
notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-13078 Filed 6-16-22; 8:45 am]
BILLING CODE 4910-59-P