-----Forwarded by Melanie King/RTP/USEPA/US on 02/15/2010 09:30PM -----
To: "Higgins,Cortney"<EMAIL_ADDRESS>From: Melanie King/RTP/USEPA/US
Date: 02/14/2010 09:47PM
cc: RobertJ Wayland/RTP/USEPA/US@EPA, Peter Tsirigotis/RTP/USEPA/US@EPA, Michael
Horowitz/DC/USEPA/US@EPA
Subject: Re: Clarifying questions on RICE

Hi Cortney,
Regarding the spreadsheet you sent – typically when we are evaluating MACT or GACT for a
control technology, we do not include costs for recordkeeping and reporting in the analysis.
We would only look at the annual cost associated with the control device, including the
operation and maintenance cost and the annualized capital cost.  So we would not do our
analysis the same as the way you’ve done it in your attached spreadsheet.

On the reporting costs, one thing to keep in mind is that 80 percent of those costs are initial
costs for reading instructions, training personnel, and the initial testing and compliance
notifications.  So those are one-time costs that would only be incurred in the first year.  We
have tried to minimize the burden of the reporting costs as much as possible, however we do
need some reporting so that we can ensure sources are complying with the rule, and we feel
that semiannual compliance reports are appropriate and not overly burdensome.  Note that
we do not require reporting for emergency engines and for engines <100 HP at major
sources and <300 HP at area sources.

Melanie King
Energy Strategies Group
Sector Policies and Programs Division
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency

Mail Code D243-01
RTP, NC  27711

Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS>
-----"Higgins, Cortney"<EMAIL_ADDRESS>wrote: -----
To: Melanie King/RTP/USEPA/US@EPA
From: "Higgins, Cortney"<EMAIL_ADDRESS>Date: 02/12/2010 06:31PM
cc: RobertJ Wayland/RTP/USEPA/US@EPA
Subject: Clarifying questions on RICE
Hi Melanie,

Attached you'll find a spreadsheet of the costs and benefits for area source engines between
300 and 500 HP.  The attached analysis shows that requiring controls for these engines, if
they run less than ~100 hrs per year, is not cost-beneficial (costs of controls exceed the
PM2.5 benefits).  Do you know how many engines in this group run less than 100 hours per
year and are not emergency engines?

Additionally, for these sized engines running 100 hours, the estimate of reporting costs is 1/3
of the total annual costs.  Given that these engines will have control devices installed, and
emissions reductions will be achieved, is there any flexibility to ease the reporting
requirements?  Furthermore, is there any flexibility in lessening in the reporting requirements
for the area source engines subject to emissions limits (and thus technology controls)?

Thanks,
Cortney

[attachment "Engine_hours_CBA_OMB.xls" removed by Melanie King/RTP/USEPA/US]


[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Rules and Regulations]
[Pages 42825-42827]
[FR Doc No: 2019-17670]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0731; FRL-9998-49-Region 5]

Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2)
Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Minnesota sulfur dioxide (SO2) State
Implementation Plan (SIP) for the Flint Hills Resources, LLC Pine Bend
Refinery (FHR) as submitted on October 23, 2018. The SIP revision
pertains to the shutdown and replacement of certain equipment at the
refinery as well as amendments to certain emission limits, resulting in
an overall decrease of SO2 emissions from FHR.

DATES: This final rule is effective on September 18, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0731. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Anthony Maietta, Environmental Protection
Specialist, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On October 23, 2018, the Minnesota Pollution Control Agency (MPCA)
submitted a request for EPA to approve into the Minnesota SIP the
conditions cited as ``Title I Condition: 40 CFR 50.4(SO2
SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52,
subp. Y'' in FHR's revised joint Title I/Title V document, Permit No.
03700011-102 (joint document 102). On May 16, 2019 (84 FR 22091), EPA
proposed to approve MPCA's October 23, 2018 submittal.
    MPCA's submittal demonstrated that joint document 102 contains
amended SIP conditions that implement changes to technology at the
plant as well as revise SO2 emissions limits for existing
equipment. MPCA's submittal demonstrated that the amended SIP revisions
reduce allowable SIP-based SO2 emissions by 7.9 pounds per
hour or 119.8 tons per year. After review, EPA proposed to approve
MPCA's request to revise Minnesota's SO2 SIP for FHR,
reflected in conditions labeled ``Title I Condition: 40 CFR
50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I
Condition: 40 CFR pt. 52, subp. Y'' in joint document 102.

II. What comments did we receive on the proposed action?

    Our May 16, 2019 proposed rule provided a 30-day review and comment
period. The comment period closed on June 17, 2019. EPA received no
comments on the proposed action.

III. What action is EPA taking?

    EPA is approving a revision to Minnesota's SO2 SIP for
FHR, as submitted by MPCA on October 23, 2018, and reflected in
conditions labeled ``Title I Condition: 40 CFR 50.4 (SO2
SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52,
subp. Y'' in joint document 102.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Minnesota
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 5
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the Clean Air Act as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 18, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: August 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.1220, the table in paragraph (d) is amended by revising
the entry for ``Flint Hills Resources Pine Bend, LLC'' to read as
follows:

Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                     State effective
         Name of source              Permit No.            date        EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Flint Hills Resources Pine            03700011-102          10/5/2018  8/19/2019,         Only conditions cited
 Bend, LLC.                                                             [Insert Federal    as ``Title I
                                                                        Register           Condition: 40 CFR
                                                                        citation].         Section 50.4(SO2
                                                                                SIP); Title I
                                                                                Condition: 40 CFR 51;
                                                                                Title I Condition: 40
                                                                                CFR pt. 52, subp.
                                                                                Y''.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-17670 Filed 8-16-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24844-24846]
[FR Doc No: 2023-08590]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Actions on Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before May 24, 2023.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-13, 1200 New
Jersey Avenue Southeast, Washington, DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on April 11, 2023.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                          Special Permits Data--Granted
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) affected        permits thereof
----------------------------------------------------------------------------------------------------------------
14546-M............................  Linde Gas & Equipment   172.203(a),             To modify the special
                                      Inc.                    180.209(a),             permit to extend the
                                                              180.209(b),             initial periodic
                                                              180.209(b)(1)(iv).      requalification period of
                                                                                DOT 3AL and DOT-SP 12440
                                                                                cylinders from 5 years to
                                                                                10 years.
16016-M............................  Isi Automotive Austria  173.301, 173.302a,      To modify the special
                                      Gmbh.                   173.305.                permit to authorize an
                                                                                additional manufacturing
                                                                                location.
20333-M............................  Antonov, DP...........  172.101(j),             To modify the special
                                                              172.203(a),             permit to authorize an
                                                              172.301(c),             additional hazardous
                                                              173.27(b)(2),           material and waive part of
                                                              175.30(a)(1).           49 CFR 107.109(a)(3).
20906-M............................  Nouryon Functional      173.28(b)(2), 173.181.  To modify the special
                                      Chemicals LLC.                                  permit to authorize an
                                                                                additional packaging.
21072-M............................  Isotek Systems, LLC...  173.417(b)(1),          To modify the special
                                                              173.427(a)(3).          permit to increase the
                                                                                total Uranium weight.
21114-M............................  Olin Winchester LLC...  172.203(a),             To modify the special
                                                              173.63(b)(2)(i),        permit to authorize rifle
                                                              173.63(b)(2)(ii).       cartridge sizes up to 358
                                                                                Winchester, to authorize
                                                                                an additional packaging,
                                                                                and to remove the
                                                                                requirement to mark the
                                                                                special permit number on
                                                                                inner packages other than
                                                                                bags.
21114-M............................  Federal Cartridge       172.203(a),             To modify the special
                                      Company.                173.63(b)(2)(i),        permit to authorize
                                                              173.63(b)(2)(ii),       shotshells to be
                                                              173.63(b)(2)(iii).      transported.

21136-M............................  Hanwha Cimarron LLC...  173.302(a)(1).........  To modify the special
                                                                                permit to amend paragraph
                                                                                7.d.(5) to only refer to
                                                                                Tests Nos. 4, 5, and 6. of
                                                                                ISO 1496-3.
21240-M............................  Volkswagen Group Of     172.101(j)............  To modify the special
                                      America Chattanooga                             permit to authorize
                                      Operations, LLC.                                additional lithium ion
                                                                                batteries.
21316-N............................  Cryoconcepts, LP......  171.2(k), 172.200,      To authorize the
                                                              172.300, 172.400,       transportation in commerce
                                                              172.700(a).             of DOT 3AL cylinders
                                                                                containing carbon dioxide
                                                                                using alternative hazard
                                                                                communication.
                                                                                Additionally, the
                                                                                application requests
                                                                                authorization for
                                                                                cylinders charged to a
                                                                                pressure of less than 29.0
                                                                                psig to be shipped as a
                                                                                hazardous material.
21328-N............................  Dragonfly Energy Corp.  173.6(a)(1)(ii),        To authorize the
                                                              173.6(d).               transportation in commerce
                                                                                of lithium batteries
                                                                                exceeding 66 pounds as
                                                                                materials of trade.
21333-N............................  Cummins Inc...........  172.101(j),             To authorize the
                                                              173.185(b)(1).          transportation in commerce
                                                                                of lithium ion batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft.
21335-N............................  The Island Packers      ......................  To authorize the
                                      Corporation.                                    transportation in commerce
                                                                                of certain hazardous
                                                                                materials aboard passenger
                                                                                vessels.
21355-N............................  Lake & Peninsula        172.101(j), 173.242,    To authorize the
                                      Airline Inc.            173.202, 173.203,       transportation in commerce
                                                              175.310(a).             of certain flammable
                                                                                liquids in non-
                                                                                specification bulk
                                                                                packaging (bladders) by
                                                                                cargo-only aircraft.
21380-N............................  Tesla, Inc............  173.21(c),              To authorize the
                                                              173.185(b)(1),          transportation in commerce
                                                              173.185(b)(2)(iii),     of lithium ion batteries
                                                              173.185(b)(4)(ii).      with a spark arrestor
                                                                                system
21412-N............................  TN Americas LLC.......  173.163, 173.420......  To authorize the
                                                                                transportation in commerce
                                                                                of uranium hexafluoride in
                                                                                packagings not meeting the
                                                                                packaging requirements of
                                                                                ANSI N14.1
21426-N............................  Spaceflight, Inc......  173.185(a)(1).........  To authorize the
                                                                                transportation in commerce
                                                                                of low production or
                                                                                prototype lithium
                                                                                batteries contain in
                                                                                equipment (spacecraft) via
                                                                                cargo-only aircraft.
21455-N............................  Huntington Ingalls      172.102...............  To authorize the
                                      Incorporated.                                   transportation in commerce
                                                                                of radiation detectors
                                                                                that have not had a leak
                                                                                tightness test performed
                                                                                in accordance with special
                                                                                provision 238.
21498-N............................  Silk Way Aviasirketi,   172.204(c)(3),          To authorize the
                                      MMC.                    172.101(j)(1),          transportation in commerce
                                                              173.27, 175.30(a)(1).   of articles containing non-
                                                                                flammable, toxic gas,
                                                                                n.o.s. (contains ammonia,
                                                                                anhydrous) within the
                                                                                equipment
21499-N............................  Pollution Control Inc.  172.320, 173.56(b)....  To authorize the
                                                                                transportation in commerce
                                                                                of one package for the
                                                                                purpose of disposal of an
                                                                                explosive for the that has
                                                                                not been examined and
                                                                                classified in accordance
                                                                                with 49 CFR 173.56(b).
21500-N............................  American Ecycle Inc...  173.185(f)............  To authorize the
                                                                                transportation in commerce
                                                                                of damaged lithium ion
                                                                                batteries in alternative
                                                                                packaging for destruction
                                                                                or recycling.
21502-N............................  Tyco Fire Products LP.  172.203(a),             To authorize the
                                                              172.301(c),             transportation in commerce
                                                              173.309(c)(2).          of non-specification
                                                                                cylinders exceeding 900 mL
                                                                                in capacity and containing
                                                                                a liquefied compressed gas
                                                                                as fire extinguishers.
21520-N............................  Reuter-Stokes, LLC....  173.310(b)............  To authorize the
                                                                                transportation in commerce
                                                                                of neutron detectors
                                                                                containing a Division 2.2
                                                                                material that exceed the
                                                                                authorized pressure.
21521-N............................  Honda Motor Co., Ltd..  173.302(a)(1).........  To authorize the
                                                                                transportation in commerce
                                                                                of non-DOT specification
                                                                                composite overwrapped
                                                                                tanks (COPVs), containing
                                                                                compressed hydrogen. The
                                                                                COPVs must be shipped with
                                                                                a maximum hydrogen gas
                                                                                pressure of 58.0 psi/0.4
                                                                                MPa.
21527-N............................  Alltranspack, Inc.....  173.185(a)(1).........  To authorize the
                                                                                transportation in commerce
                                                                                of prototype lithium
                                                                                batteries via cargo-only
                                                                                aircraft.
21531-N............................  Environmental           173.185(f)(1),          To authorize the
                                      Restoration, LLC.       173.185(f)(3).          transportation in commerce
                                                                                of damaged or defective
                                                                                lithium ion batteries for
                                                                                the purpose of disposal,
                                                                                recycling, or failure
                                                                                analysis.
21535-N............................  National Air Cargo      172.101(j)(1),          To authorize the
                                      Group, Inc.             173.27(b)(2),           transportation in commerce
                                                              173.27(b)(3),           of certain Division 1.1,
                                                              175.30(a)(1).           1.2, 1.3 and 1.4
                                                                                explosives which are
                                                                                forbidden or exceed
                                                                                quantities authorized for
                                                                                transportation by cargo-
                                                                                only aircraft.
21537-N............................  Astro Digital US Inc..  173.185(a)(1).........  To authorize the
                                                                                transportation in commerce
                                                                                of prototype and low
                                                                                production lithium ion
                                                                                batteries contained in
                                                                                equipment (spacecraft).
----------------------------------------------------------------------------------------------------------------

                                          Special Permits Data--Denied
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) affected        permits thereof
----------------------------------------------------------------------------------------------------------------
11379-M............................  ZF Passive Safety       173.301(a),             To modify the special
                                      Systems US Inc.         173.302(a)(1).          permit to authorize a
                                                                                reduced frequency of
                                                                                cylinder burst testing.

20418-M............................  Hanwha Cimarron LLC...  173.302(a)............  To modify the special
                                                                                permit to remove the 49
                                                                                CFR Part 451 requirement
                                                                                in paragraph 7.d.(3).
21431-N............................  Philips Medical         ......................  To authorize the
                                      Systems MR, Inc.                                transportation in commerce
                                                                                of MRI scanners utilizing
                                                                                the newly adopted
                                                                                provisions of the ICAO TI
                                                                                prior to their
                                                                                incorporation into the
                                                                                HMR.
21448-N............................  ExxonMobil Chemical     180.605(h)(3).........  To authorize the
                                      Company.                                        transportation in commerce
                                                                                of portable tanks that
                                                                                have been pneumatically
                                                                                tested with nitrogen in
                                                                                lieu of hydrostatically
                                                                                tested with water.
20534-R............................  Energy Transport        172.101(i)(3).........  To renew authorization for
                                      Solutions LLC.                                  the transportation in
                                                                                commerce of methane,
                                                                                refrigerated liquid in DOT
                                                                                specification 113C120W
                                                                                tank cars.
----------------------------------------------------------------------------------------------------------------

                                         Special Permits Data--Withdrawn
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) affected        permits thereof
----------------------------------------------------------------------------------------------------------------
20965-N............................  Autoliv Asp, Inc......  173.166...............  To authorize the
                                                                                transportation in commerce
                                                                                of air bag inflators
                                                                                installed in apparel as
                                                                                ``safety devices``.
21373-M............................  Sigma-Aldrich Co. LLC.  172.203(a),             To modify the special
                                                              172.203(c), 172.704.    permit to authorize
                                                                                carriage by the grantee.
21511-N............................  Silk Way West           172.101(j),             To authorize the
                                      Airlines, LLC.          173.27(b)(2).           transportation of certain
                                                                                hazardous materials
                                                                                forbidden aboard cargo-
                                                                                only aircraft.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-08590 Filed 4-21-23; 8:45 am]
BILLING CODE P


[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Pages 23620-23622]
[FR Doc No: 2019-10640]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85873; File No. SR-OCC-2019-002]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving Proposed Rule Change Related to The Options Clearing
Corporation's Margin Methodology for Volatility Index Futures

May 16, 2019.

I. Introduction

    On March 18, 2019, the Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2019-002 (``Proposed Rule Change'')
pursuant to Section 19(b) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 \2\ thereunder to propose changes
to OCC's margin methodology for futures on indices designed to measure
volatilities implied by prices of options on a particular underlying
interest (such indexes being ``Volatility Indexes'' and futures
contracts on such Volatility Indexes being ``Volatility Index
Futures.'').\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Notice of Filing infra note 4, at 84 FR 13082.
---------------------------------------------------------------------------

    The Proposed Rule Change was published for public comment in the
Federal Register on April 3, 2019,\4\ and the Commission received no
comments regarding the Proposed Rule Change. This order approves the
Proposed Rule Change.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 85440 (Mar. 28, 2019),
84 FR 13082 (Apr. 3, 2019) (SR-OCC-2019-002) (``Notice of Filing'').
OCC also filed a related advance notice (SR-OCC-2019-801) (``Advance
Notice'') with the Commission pursuant to Section 806(e)(1) of Title
VIII of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, entitled the Payment, Clearing, and Settlement Supervision Act
of 2010 and Rule 19b-4(n)(1)(i) under the Act. 12 U.S.C. 5465(e)(1).
15 U.S.C. 78s(b)(1) and 17 CFR 240.19b-4, respectively. The Advance
Notice was published in the Federal Register on April 23, 2019.
Securities Exchange Act Release No. 85670 (Apr. 17, 2019), 84 FR
16915 (Ap. 23, 2019) (SR-OCC-2019-801).
---------------------------------------------------------------------------

II. Background

    The System for Theoretical Analysis and Numerical Simulations
(``STANS'') is OCC's methodology for calculating Clearing Member margin
requirements. STANS includes econometric models to forecast price and
volatility movements in determining Clearing Member margin
requirements, which are calculated at the portfolio level of Clearing
Member accounts with positions in marginable securities.\5\ The STANS
methodology measures the exposure of portfolios containing options,
futures, and cash instruments.
---------------------------------------------------------------------------

    \5\ See Notice of Filing, 84 FR at 13083.
---------------------------------------------------------------------------

    Certain indices are designed to measure the volatility implied by
the prices of options on a particular reference index or asset
(``Volatility Indexes'').\6\ OCC clears futures contracts

on Volatility Indexes (``Volatility Index Futures''). Currently, OCC
models the future settlement prices of Volatility Index Futures in
STANS based on the index underlying the futures contract. In this
modeling process, OCC assumes that the values of the underlying index
follow a long-term stable process, notwithstanding any short-term
fluctuations. On a daily basis, OCC recalibrates the distribution that
defines this process so that the expected final settlement prices of
the Volatility Index Futures match the then currently-observed market
prices.
---------------------------------------------------------------------------

    \6\ For example, the Cboe Volatility Index (``VIX'') is designed
to measure the 30-day expected volatility of the Standard & Poor's
500 index (``SPX''). Generally speaking, the implied volatility of
an option is a measure of the expected future volatility of the
value of the option's annualized standard deviation of the price of
the underlying security, index, or future at exercise, which is
reflected in the current option premium in the market. Using the
Black-Scholes options pricing model, the implied volatility is the
standard deviation of the underlying asset price necessary to arrive
at the market price of an option of a given strike, time to
maturity, underlying asset price and the current risk-free rate. In
effect, the implied volatility is responsible for that portion of
the premium that cannot be explained by the then-current intrinsic
value (i.e., the difference between the price of the underlying and
the exercise price of the option) of the option, discounted to
reflect its time value. See Notice, 84 FR at 13083, n. 10.
---------------------------------------------------------------------------

    OCC's current methodology for modeling future settlement prices of
Volatility Index Futures is subject to certain limitations because the
model is based on the Volatility Indexes underlying the relevant
futures contracts. First, Volatility Indexes cannot be invested in and,
therefore, cannot be replicated by static portfolios of traded
contracts. Second, the term structure of the futures market cannot be
modeled using just the underlying Volatility Indexes.\7\ Finally,
because of the term structure of the futures market, futures on a
volatility index are less volatile and may have a lower probability of
extreme price movements than the underlying index itself. Additionally,
due to the limitations of modeling the term structure, the current
model may under-margin positions in certain strategies that Clearing
Members may deploy that involve spreads between delivery dates.
---------------------------------------------------------------------------

    \7\ Similar to a stock index (e.g., SPX), a Volatility Index
does not have an expiration. By contrast, there may be a variety of
futures contracts with varying expiry dates on any one Volatility
Index. For example, the VIX does not have an expiration date, but
market participants may trade VIX futures that expire on different
dates.
---------------------------------------------------------------------------

    The Proposed Rule Change includes changes that OCC believes would
address the limitations described above. The construction of and
reliance on ``synthetic'' futures is essential to the changes that OCC
proposes.\8\ According to OCC, its current model was developed before
sufficient data on Volatility Index Futures was available for the
construction of synthetic futures.\9\ OCC also represented that, in
recent years, it has seen significant growth in trading volume for
Volatility Index Futures.\10\ As described in more detail below, OCC
proposes to: (1) Estimate future settlement prices based on synthetic
futures rather than the Volatility Indexes underlying Volatility Index
Futures; (2) modify the statistical distribution that OCC uses to model
price returns of the synthetic futures; and (3) introduce an anti-
procyclical floor to reduce the potential for sudden increases in
margin requirements that could result from corrections in abnormally
low levels of volatility.
---------------------------------------------------------------------------

    \8\ A ``synthetic'' futures time series refers to a uniform
substitute for a time series of daily settlement prices for actual
futures contracts. Such a time series would be based on the
historical returns of futures contracts with approximately the same
tenor.
    \9\ See Notice, 84 FR at 13084.
    \10\ See id.
---------------------------------------------------------------------------

(1) Daily Re-Estimation of Prices Using ``Synthetic'' Futures

    OCC proposes to modify the way it estimates future settlement
prices for Volatility Index Futures. OCC currently models future
settlement prices based on the index underlying the futures contract.
OCC proposes to model the distribution of future settlement prices
based on synthetic futures. Such synthetic futures would be based on
the historical returns of futures contracts with approximately the same
tenor. For any one underlying interest, there may be a variety of
futures contracts with varying expiry dates. As a result of this
variety of contracts and maturities, there is no single, continuous
times series for the various futures that reference a given underlying
interest. Synthetic futures, however, can be used to generate a
continuous time series of prices for each futures contract across
multiple expirations.
    OCC proposes to use the price return histories of synthetic futures
in its daily price simulation process alongside the underlying
interests of OCC's other cleared and cross-margin products and
collateral. OCC believes that the use of synthetic futures would allow
OCC's margin system to better approximate correlations between futures
contracts of different tenors by creating more price data points and
margin offsets.
    OCC proposes to update the historical synthetic time series for
Volatility Indexes daily. OCC would then map this time series to the
corresponding futures contracts. Following the expiration date of the
front contract (i.e., the futures contract with the earliest expiration
date), each contract within a time series would be replaced with a
contract maturing one month later. While synthetic time series contain
returns from different contracts, a return on any given date would be
constructed from prices of a single contract. OCC would estimate the
distribution parameters for synthetic time series daily using recent
historical observations. OCC believes that daily re-estimation of
prices using synthetic futures instead of the current process, which is
based solely on the underlying Volatility Indexes, would allow OCC's
model for Volatility Index Futures to more accurately reflect current
market conditions and achieve better margin coverage across the term
curve.\11\ Thus, OCC believes the proposed changes would result in
margin requirements that respond more appropriately to changes in
market volatility and therefore are more accurate for Clearing
Members.\12\
---------------------------------------------------------------------------

    \11\ See Notice, 84 FR at 13085.
    \12\ See id.
---------------------------------------------------------------------------

(2) Statistical Distribution for Modeling Price Returns

    OCC proposes to modify the statistical distribution it uses to
model price returns of synthetic futures. The model that OCC currently
uses for modeling price returns across its margin system, including for
Volatility Index Futures, assumes a symmetric distribution of returns.
OCC believes, however, that an asymmetric distribution would better fit
the historical data underlying synthetic futures.\13\ OCC also believes
that employing an asymmetric distribution for modeling price returns of
synthetic futures would provide a more consistent framework for
treatment of returns on both the upside and downside of the
distribution.\14\
---------------------------------------------------------------------------

    \13\ See id.
    \14\ See id.
---------------------------------------------------------------------------

(3) Anti-Procyclical Floor

    OCC proposes to introduce a new floor for variance estimates of the
Volatility Index Futures. OCC would calculate this variance floor based
on the Volatility Indexes underlying the Volatility Index Futures. As
noted above, OCC assumes that the values of the underlying index follow
a long-term stable process, notwithstanding any short-term
fluctuations. OCC anticipates that such a floor would prevent sudden
increases in margin requirements that would otherwise result from the
normalization of volatility from abnormally low levels.\15\
---------------------------------------------------------------------------

    \15\ See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Exchange Act directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to such organization.\16\ After carefully
considering the Proposed Rule Change, the Commission finds the proposal
is consistent with the requirements of the Exchange Act and the rules
and regulations thereunder applicable to

OCC. More specifically, the Commission finds that the proposal is
consistent with Section 17A(b)(3)(F) of the Exchange Act \17\ and Rule
17Ad-22(e)(6)(i) thereunder.\18\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(C).
    \17\ 15 U.S.C. 78q-1(b)(3)(F).
    \18\ 17 CFR 240.17Ad-22(e)(6)(i).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Exchange Act

    Section 17A(b)(3)(F) of the Exchange Act requires that the rules of
a clearing agency be designed to, among other things, assure the
safeguarding of securities and funds which are in the custody or
control of the clearing agency or for which it is responsible.\19\
Based on its review of the record, the Commission believes that the
proposed changes are designed to assure the safeguarding of securities
and funds which are in OCC's custody or control for the reasons set
forth below.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    OCC manages its credit exposure to Clearing Members, in part,
through the collection of collateral based on OCC's margin methodology.
As noted above, OCC's current process for setting margin requirements
to collateralize risks posed by Volatility Index Futures is limited
because the model is based on the Volatility Indexes underlying the
relevant futures contracts. These limitations relate, in part, to the
term structure of the futures market, which is not an attribute of the
underlying Volatility Indexes. By contrast, synthetic futures, like
those proposed by OCC, can be used to generate a continuous time series
of prices for each futures contract across multiple expirations.
Additionally, OCC proposes to modify the statistical distribution that
it uses to model price returns of synthetic futures such that the
resulting curve would better fit the historical data. Finally, OCC
proposes to reduce the potential for sudden margin increases resulting
from market corrections of abnormally low volatility levels through the
implementation of a floor on variance estimates for Volatility Index
Futures. The Commission believes that OCC's proposal to use synthetic
futures to model Volatility Index Futures contracts, taken together
with modification of the relevant statistical distribution and
inclusion of a variance floor, is designed to address a known
limitation of OCC's current models--namely an inability to account for
the term structure of Volatility Index Futures--and produce margin
requirements that respond more appropriately to market volatility. The
Commission believes that rules designed to set margin requirements that
respond more appropriately to market volatility would support OCC's
ability to determine the amount of collateral it must collect to manage
potential credit losses that could arise out of a Clearing Member's
default during normal market conditions. Further, the Commission
believes that the effective management of potential credit losses that
could arise out of a Clearing Member default would support the
safeguarding of the securities and funds of non-defaulting Clearing
Members within OCC's control. Accordingly, and for the reasons stated
above, the Commission believes that the Proposed Rule Change is
consistent with Section 17A(b)(3)(F) of the Exchange Act.\20\
---------------------------------------------------------------------------

    \20\ Id.
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(6)(i) Under the Exchange Act

    Rule 17Ad-22(e)(6)(i) under the Exchange Act requires that a
covered clearing agency establish, implement, maintain, and enforce
written policies and procedures reasonably designed to cover, if the
covered clearing agency provides central counterparty services, its
credit exposures to its participants by establishing a risk-based
margin system that, at a minimum, considers, and produces margin levels
commensurate with, the risks and particular attributes of each relevant
product, portfolio, and market.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.17Ad-22(e)(6)(i).
---------------------------------------------------------------------------

    OCC proposes to base its estimation of final settlement prices for
Volatility Index Futures on synthetic futures rather than the
Volatility Indexes underlying Volatility Index Futures. As described
above, a margin process based on synthetic futures, as opposed to an
underlying index, could more accurately model future price movements
for Volatility Index Futures because the synthetic futures can be used
to generate a continuous time series of futures contract prices across
multiple expirations, while the underlying index alone is insufficient
to model the term structure of the futures market. OCC further proposes
to adjust the econometric model that it would use to estimate final
settlement prices by applying a distribution that better fits
observable data of the Volatility Index Futures. Finally, OCC's
proposal includes a variance estimate floor to avoid sudden margin
increases where the immediate volatility of the Volatility Index
Futures deviates significantly from the long-run volatility of the
underlying index. The Commission believes, therefore, that OCC's
proposal is designed to better account for the term structure of
futures contracts, align margin requirements with observable data, and
incorporate historical volatility data, thereby producing margin levels
commensurate with the particular attributes of Volatility Index
Futures. Further, the Commission believes the proposed changes could
result in margin requirements that respond more appropriately to
changes in market volatility.
    Accordingly, based on the foregoing, the Commission believes that
the proposed change to OCC's margin methodology for Volatility Index
Futures is consistent with Exchange Act Rule 17Ad-22(e)(6)(i).\22\
---------------------------------------------------------------------------

    \22\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the
Exchange Act, and in particular, the requirements of Section 17A of the
Exchange Act \23\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \23\ In approving this Proposed Rule Change, the Commission has
considered the proposed rules' impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\24\ that the Proposed Rule Change (SR-OCC-2019-002) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-10640 Filed 5-21-19; 8:45 am]
 BILLING CODE 8011-01-P


MEMORANDUM

FROM:  Steven Silverman, Attorney

TO: Portland Cement Administrative Record

RE:  Meeting of May 26, 2006 between EPA and Portland Cement Ass’n
(PCA)

	On May 26, representatives of the PCA (including Tom Gibson and Andy
O’Hare) met with General Counsel Ann Klee, Assistant Administrator
Bill Wehrum and various EPA staff (Patricia Embrey, Peter Tsirigotis,
Keith Barnett and myself) to discuss their concerns about reopening the
comment period for the portland cement MACT proposed rule.  They were
especially concerned about reopening the comment period generally,
rather than on discrete issues (such as possible contribution to Hg
emissions from use of utility fly ash).  Regarding the issue of Hg
contribution from fly ash, they stated that 40 kilns are presently using
fly ash as a feedstock, and that the levels of Hg in the fly ash varies
(and noted that there could be a tradeoff in levels of Hg and VOC).
They wondered if this issue could be severed from the current rulemaking
and dealt with on a longer-term basis.  They are also generally
concerned about stigmatizing other secondary materials (tires, other
byproducts) that are used as a feed or alternative fuel by cement kilns.


[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43236-43237]
[FR Doc No: 2021-16798]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9057-7]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed July 26, 2021 10 a.m. EST Through August 2, 2021 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20210104, Draft, FERC, LA, Alberta Xpress and Lease Capacity
Abandonment Projects, Comment Period Ends: 09/20/2021, Contact: Office
of External Affairs<PHONE_NUMBER>.
EIS No. 20210105, Final, USACE, LA, West Bank and Vicinity, Louisiana
General Re-Evaluation Report with Integrated Environmental Impact
Statement, Review Period Ends: 09/07/2021, Contact: Bradley Drouant
504-862-1516.
EIS No. 20210106, Final, USACE, LA, Lake Pontchartrain and Vicinity,
Louisiana General Re-Evaluation Report with Integrated Environmental
Impact Statement, Review Period Ends: 09/07/2021, Contact: Bradley
Drouant<PHONE_NUMBER>.
EIS No. 20210107, Draft, BLM, ID, Cedar Fields Plan Amendment Draft EIS
for the Monument Resource Management Plan, Comment Period Ends: 11/10/
2021, Contact: Lisa Cresswell<PHONE_NUMBER>.
EIS No. 20210108, Draft, NRC, SC, License Renewal of the Columbia Fuel
Fabrication Facility in Richland County, South Carolina, Comment Period
Ends: 09/20/2021, Contact: Diana Diaz-Toro<PHONE_NUMBER>.
EIS No. 20210109, Final, STB, UT, Uinta Basin Railway, Review Period
Ends: 09/07/2021, Contact: Joshua Wayland<PHONE_NUMBER>.
EIS No. 20210110, Final, BLM, NV, Robinson Mine Plan of Operations
Amendment, Review Period Ends: 09/07/2021, Contact: Tiera Arbogast 775-
293-5042.
EIS No. 20210111, Final, USA, MD, Davison Army Airfield Area
Development Plan, Review Period Ends: 09/07/2021, Contact: Denean
Summers<PHONE_NUMBER>.

EIS No. 20210112, Draft, USFS, NM, Lincoln National Forest Draft Land
Management Plan: Chaves, Eddy, Lincoln, and Otero Counties, New Mexico,
Comment Period Ends: 11/05/2021, Contact: Diane Prather<PHONE_NUMBER>.

    Dated: August 2, 2021.
Candi Schaedle,
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2021-16798 Filed 8-5-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27188-27189]
[FR Doc No: 2022-09701]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0038]

The Standard on Personal Protective Equipment (PPE) for Shipyard
Employment; Extension of the Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on
Personal Protective Equipment (PPE) for Shipyard Employment.

DATES: Comments must be submitted (postmarked, sent, or received) by
July 5, 2022.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2012-0038) for the Information Collection Request
(ICR). OSHA will place all comments and requests to speak, including
personal information, in the public docket, which may be available
online. Therefore, OSHA cautions interested parties about submitting
personal information such as social security numbers and birthdates.
For further information on submitting comments, see the ``Public
Participation'' heading in the section of this notice titled
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    Subpart I specify several paperwork requirements which are
described below.
    Section 1915.152(b) requires the employer to assess work activities
to

determine whether there are hazards present, or likely to be present,
which necessitate the worker's use of PPE. If such hazards are present,
or likely to be present, the employer must: (1) Select the type of PPE
that will protect the affected workers from the hazards identified in
the occupational hazard assessment; (2) communicate PPE selection
decisions to the affected workers; (3) select PPE that properly fits
each affected worker; and (4) maintain documentation to verify that the
required occupational hazard assessment has been performed. The
verification must contain the following information: Occupation or
trade assessed, the date(s) of the hazard assessment, and the name of
the person performing the hazard assessment.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the collection
of information requirements contained in the Standard on Personal
Protective Equipment (PPE) for Shipyard Employment (29 CFR part 1915,
subpart I). The agency is requesting an adjustment increase in burden
from 201 hours to 220 hours, a difference of 19 burden hours. This
increase is the due to an increase in the number of affected
establishments covered by the Shipyard Industry.
    OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements contained in
the Standard on Personal Protective Equipment (PPE) for Shipyard
Employment (29 CFR part 1915, subpart I).
    Type of Review: Extension of a currently approved collection.
    Title: Personal Protective Equipment Standard for Shipyard
Employment (29 CFR part 1915, subpart I).
    OMB Control Number: 1218-0215.
    Affected Public: Business or other for-profits.
    Number of Respondents: 4,693.
    Total Responses: 2,607.
    Frequency of Response: On occasion.
    Average Time per Response: An estimated 5 minutes for employers to
record the hazard assessment.
    Estimated Burden Hours: 220.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at<PHONE_NUMBER> or (3) by hard copy. Please note: While
OSHA's Docket Office is continuing to accept and process submissions by
regular mail due to the COVID-19 pandemic, the Docket Office is closed
to the public and not able to receive submissions to the docket by
hand, express mail, messenger, and courier service. All comments,
attachments, and other material must identify the agency name and the
OSHA docket number for the ICR (Docket No. OSHA-2012-0038). You may
supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or a facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled (ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so that the agency can attach
them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>)
for information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020
(85 FR 58393).

    Signed at Washington, DC, on April 27, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-09701 Filed 5-5-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60474-60476]
[FR Doc No: 2014-23846]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0386]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Orphan Drugs; Common
European Medicines Agency/Food and Drug Administration Application Form
for Orphan Medicinal Product Designation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (PRA).

DATES: Fax written comments on the collection of information by
November 6, 2014.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0167.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Orphan Drugs; Common European Medicines Agency/Food and Drug
Administration Application Form for Orphan Medicinal Product
Designation--21 CFR Part 316 (OMB Control Number 0910-0167)--Revision

    FDA is amending the 1992 Orphan Drug Regulations, part 316 (21 CFR
part 316). The 1992 regulations were issued to implement sections 525
through 528 of the Orphan Drug Act Amendments to the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360aa through 360ee).
The 1992 regulations specify the procedures for sponsors of orphan
drugs to use in obtaining the incentives provided for in the FD&C Act
and set forth the procedures that FDA will use in administering the
FD&C Act.
    The amendments are intended to clarify regulatory provisions and
make minor improvements to address issues that have arisen since the
issuance of the regulations in 1992. They are intended to assist
sponsors who are seeking and who have obtained orphan drug
designations, as well as FDA in its administration of the orphan drug
program. Except with respect to the two revisions addressed further,
the revisions in this rule clarify existing language and do not
constitute a substantive or material modification to the approved
collections of information in current part 316 (see 5 CFR 1320.5(g)).
The collections of information in current part 316 have been approved
by OMB in accordance with the PRA under OMB control number 0910-0167.
    One revision concerns the name of the drug in an orphan-drug
designation request. As provided in current Sec.  316.20(b)(2) (Content
and format of a request for orphan-drug designation), requests for
orphan-drug designation must include the generic and trade name, if
any, of the drug. For some products, however, neither a generic nor
trade name may be available. This can be the case for some large and
complicated biological products or for any molecule for which the
sponsor has not yet obtained a trade name. Under Sec.  316.20(b)(2) as
revised, requests for designation must include a chemical name or a
meaningful descriptive name of the drug if neither a generic nor trade
name is available. Drug names need to be meaningful to the public
because the Orphan Drug Act (Pub. L. 97-414) requires that notice
respecting designation of a drug be made available to the public
(section 526(c) of the FD&C Act and Sec.  316.28 (Publication of orphan
drug designations)). Internal business codes or other similar
identifiers do not suffice for publication purposes, as they do not
provide meaningful notice to the public of a designation. By providing
a chemical name or a meaningful descriptive name of a drug in a request
for designation, if neither a generic nor trade name is available,
sponsors would help ensure that the name of the product that FDA
ultimately publishes upon designation is accurate and meaningful.
    FDA regulations are currently silent on when sponsors must respond
to a deficiency letter from FDA on an orphan-drug designation request.
FDA sends such deficiency letters when a request lacks necessary
information or contains inaccurate information, i.e., miscalculated
prevalence estimate. This rule revises Sec.  316.24(a) (Deficiency
letters and granting orphan-drug designation) to include a requirement
that sponsors respond to deficiency letters from FDA on designation
requests within 1 year of issuance of the deficiency letter, unless
within that time frame the sponsor requests an extension of time to
respond. FDA will grant all reasonable requests for an extension. In
the event the sponsor fails to respond to the deficiency or request an
extension of time to respond within the 1-year time frame, FDA may
consider the designation request voluntarily withdrawn. This proposal
is necessary to ensure that designation requests do not become
``stale'' by the time they are granted, such that the basis for the
initial request may no longer hold.
    Sections 525 through 528 of the FD&C Act give FDA statutory
authority to do the following: (1) Provide recommendations on
investigations required for approval of marketing applications for
orphan drugs, (2) designate eligible drugs as orphan drugs, (3) set
forth conditions under which a sponsor of an approved orphan drug
obtains exclusive approval, and (4) encourage sponsors to make orphan
drugs available for treatment on an ``open protocol'' basis before the
drug has been approved for general marketing. The implementing
regulations for these statutory requirements have been codified under
part 316, specify procedures that sponsors of orphan drugs use in
availing themselves of the incentives provided for orphan drugs in the
FD&C Act, and set forth procedures FDA will use in administering the
FD&C Act with regard to orphan drugs. Section 316.10 specifies the
content and format of a request for written recommendations concerning
the nonclinical laboratory studies and clinical investigations
necessary for approval of marketing applications. Section 316.12
provides that, before providing such recommendations, FDA may require
results of studies to be submitted for review. Section 316.14 contains
provisions permitting FDA to refuse to provide written recommendations
under certain circumstances. Within 90 days of any refusal, a sponsor
may submit additional information specified by FDA. Section 316.20
specifies the content and format of an orphan drug application, which
includes requirements that an applicant document that the disease is
rare (affects fewer than 200,000 persons in the United States annually)
or that the sponsor of the drug has no reasonable expectation of
recovering costs of research and development of the drug. Section
316.26 allows an applicant to amend the applications under certain
circumstances. Section 316.30 requires submission of annual reports,
including progress reports on studies, a description of the
investigational plan, and a discussion of changes that may affect
orphan status. The information requested will provide the basis for an
FDA determination that the drug is for a rare disease or condition and
satisfies the requirements for obtaining orphan drug status. Secondly,
the information will describe the medical and regulatory history of the
drug. The respondents to this collection of information are
biotechnology firms, drug companies, and academic clinical researchers.
    The information requested from respondents, for the most part, is
an accounting of information already in the possession of the
applicant. It is estimated, based on frequency of requests over the
past 3 years, that 275 persons or organizations per year will request
orphan-drug designation and none will request formal recommendations on
design of preclinical or clinical studies.
    In the Federal Register of April 16, 2014 (79 FR 21471), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     21 CFR Section/FDA Form         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
316.10, 316.12, and 316.14......               2               1               2             100             200
316.20, 316.21, and 316.26......             225               2             450             150          67,500
Form FDA 3671...................              50               3             150              45           6,750
316.22..........................              65               1              65               2             130
316.27..........................              43               1              43               5             215
316.30..........................             450               1             450               3           1,350
316.36..........................               2               3               6              15              90
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          76,235
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: October 1, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-23846 Filed 10-6-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Page 54765]
[FR Doc No: 2011-22509]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13982-000]

Northland Power Mississippi River LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On January 3, 2011, Northland Power Mississippi River LLC filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of hydropower on the Mississippi
River, near the town of Point a La Hache, in Plaquemines Parish,
Louisiana. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed NPI 014 hydrokinetic project would consist of the
following: (1) Up to 400 TREK generating units installed in a matrix on
the bottom of the river; (2) the total capacity of the installation
would be up to 100,000 kilowatts; (3) shielded underwater cables would
convey each matrix power to a substation; and (4) a transmission line
would interconnect with the power grid. The proposed project would have
an average annual generation of 876.0 gigawatt-hours (GWh), which would
be sold to a local utility.
    Applicant Contact: Tim Richardson, 30 St. Clair Avenue West 17th
Floor, Toronto, Ontario, Canada; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>call toll-free at (866) 208-
3676; or, for TTY, contact<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13982-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: August 18, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-22509 Filed 9-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Notices]
[Page 72677]
[FR Doc No: 2020-25070]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3534-EM; Docket ID FEMA-2020-0001]

North Carolina; Amendment No. 2 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of North Carolina (FEMA-3534-EM), dated August 2, 2020, and
related determinations.

DATES: This change occurred on October 13, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Myra M. Shird,
of FEMA is appointed to act as the Federal Coordinating Officer for
this emergency.
    This action terminates the appointment of Elizabeth Turner as
Federal Coordinating Officer for this emergency.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-25070 Filed 11-12-20; 8:45 am]
BILLING CODE 9111-23-P


Incorporation by Reference

Docket ID No. EPA-HQ-OAR-2009-0837

January 28, 2010

The contents of the following dockets are hereby incorporated by
reference into and considered to be included in, contained in, and to
have been placed in Docket EPA-HQ-OAR-2009-0837 (Amendments to the
Protocol Gas Verification Program and Minimum Competency Requirements
for Air Emission Testing):

EPA-HQ-OAR-2005-0132 (Revisions to the Continuous Emissions Monitoring
Rule for the Acid Rain Program, NOx Budget Trading Program, Clean Air
Interstate Rule, and the Clean Air Mercury Rule); and

EPA-HQ-OAR-2008-0800 (Stay of the Effectiveness of Requirements for Air
Emission Testing Bodies)

Accessing dockets:

Publicly available docket materials are available either electronically
in   HYPERLINK "http://www.regulations.gov"  www.regulations.gov  or in
hard copy at the Air and Radiation Docket, EPA West Building, Room 3334,
1301 Constitution Ave., NW, Washington, D.C. 20460.  The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>).