Mike Mattheisen/DC/USEPA/US

02/25/2008 08:59 AM

	To

<EMAIL_ADDRESS>
	cc

	Jim Willis/DC/USEPA/US@EPA, John Schaeffer/DC/USEPA/US@EPA

	Subject

	refreshing / follow-up

Larry, below are the answers to your questions.

1. Persons who must submit include importers of lead and lead compounds
that are in, or part of, articles that are consumer products intended
for use by children.  The phrase “intended for use by children” is
defined in 40 CFR 710.43.

2. Health and safety studies concerning the lead and lead compounds in
articles that are consumer products intended for use by children are
among those studies that must be submitted. The types of studies that
are reportable are described at 40 CFR 716.21(a)(8)(i).  The phrase
“intended for use by children” is defined in 40 CFR 710.43

3. As a general matter, all known health and safety studies of the types
described at 40 CFR 716.21(a)(8)(i) must be reported, regardless of
their date.  However, analyzed aggregations of monitoring data are not
subject to reporting under this rule if they were based on monitoring
data acquired more than 5 years before a substance was listed under 40
CFR 716.120. 40 CFR 716.20(a)(7).  In addition, 40 CFR 716.25 provides
that persons subject to this rule are not required to search their
records for reportable information dated before January 1, 1977, unless
specifically required to do so in a rule.  Health and safety studies
dated before January 1, 1977, must nevertheless be reported if they are
known.

4. The rule only requires the reporting of unpublished health and safety
studies (defined in 40 CFR 716.3) that relate to any measurable lead
content in, or that assess children’s exposure (including
bioavailability) to lead from, consumer products intended for use by
children (except for children’s metal jewelry as described by the
Consumer Product Safety Commission in 72 FR 920 (Jan. 9, 2007)).  That
is, the amendment at 716.21(a)(8) is intended to limit reporting to only
two subsets of all possible unpublished health and safety studies.
Whether or not “product content” data constituted a health and
safety study would depend on the extent to which the information met the
considerations in 716.3.  For example, a simple, isolated list of
ingredients or an isolated analysis of product content would not likely
be considered a health and safety study, whereas an analysis of product
ingredients coupled with an evaluation of hazard or human or
environmental exposure or risks would likely be considered a health and
safety study.  Regulations governing studies to be reported and studies
not subject to reporting are found at 40 CFR 716.10 and 40 CFR 716.20,
respectively.

Mike Mattheisen

Acting Branch Chief

Chemical Information and Testing Branch

Chemical Control Division

US EPA Office of Pollution Prevention and Toxics

202-564-3077

__________________

Mike,

Thanks for speaking with me.  I am sending this in the event your

files don't include my e-mail address<EMAIL_ADDRESS>
and phone number.  202/942-5477.

My questions had to do with determining whether the rule specifically

will apply to:

1. persons who must submit (i.e. inclusive of importers of finished

"articles" -- as contrasted with "mixtures"),

2. studies concerning imported articles (as contrasted with studies

pertinent to "mixtures"),

3. that the rule looks backwards and requires submittal of data which

could be as many ten years old,

4. data which pertains strictly to "product content" (i.e., an

analysis of the composition of components in a product, such as paint

applied to a finished article) - even if the data do not address

issues such as toxicity of the chemical constituents or the capacity

of the constituents to be released from the finished article.

Lawrence Culleen

Arnold & Porter LLP

555 Twelfth Street, NW

Washington, DC  20004-1206


[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40920-40922]
[FR Doc No: 2023-13205]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0187]

Parts and Accessories Necessary for Safe Operation; Pi Variables,
Inc Application for an Exemption

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant a limited 5-year
exemption to Pi Variables, Inc. (Pi Variables) to allow Pi-Lit Smart
Sequential Road Flares (LED flares) to be deployed when commercial
motor vehicles (CMVs) are stopped upon the traveled portion of a
highway or the shoulder of a highway for any cause other than necessary
traffic stops. The Federal Motor Carrier Safety Regulations (FMCSRs)
require one of the following warning devices to be deployed when a CMV
is stopped upon the traveled portion of a highway or the shoulder of a
highway for any cause other than necessary traffic stops: three
bidirectional emergency reflective triangles; at least 6 fusees or at
least 3 liquid-burning flares. The vehicle must have as many additional
fusees or liquid-burning flares as are necessary to satisfy the
regulatory requirements. Other warning devices may be used in addition
to, but not in lieu of, the required warning devices, provided they do
not decrease the effectiveness of the required devices. The Agency has
determined that granting the exemption would likely achieve a level of
safety equivalent to or greater than the level of safety provided by
the FMCSRs.

DATES: This exemption is effective June 27, 2023 and ending June 27,
2028.

FOR FURTHER INFORMATION CONTACT: Jos[eacute] R. Cestero, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, MC-PSV, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001;<PHONE_NUMBER>;
[email protected].
    Docket: For access to the docket to read background documents or
comments submitted in response to the notice requesting public comments
on the exemption application, go to www.regulations.gov at any time or
visit Room W12-140 on the ground level of the West Building, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations. The on-line Federal document management system at
the beginning of this notice.

I. Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain parts of the FMCSRs. FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by compliance with the current regulation (49 CFR 381.305).
The decision of the Agency must be published in the Federal Register
(49 CFR 381.315(b)) with the reasons for denying or granting the
application and, if granted, the name of the person or class of persons
receiving the exemption, and the regulatory provision from which the
exemption is granted. The notice must also specify the effective period
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.300(b)).

II. Pi Variable's Application for Exemption

    Pi Variables applied for an exemption from 49 CFR 393.95(f) to
deploy LED flares in place of bidirectional emergency reflective
triangles, fusees or liquid-burning flares when CMVs are stopped upon
the traveled portion of a highway or the shoulder of a highway for any
cause other than necessary traffic stops. Pi Variables stated that LED
flares provide an advantage over liquid-burning flares and fusee flares
as the latter can create a significant fire hazard, pollute water
runoff, generate

health hazards related to inhalation of fumes, and cannot be used in
the setting of a spill of flammable material. A copy of the application
is included in the docket referenced at the beginning of this notice.
    Section 393.95(f) of the FMCSRs requires warning devices be
deployed when a CMV is stopped upon the traveled portion of a highway
or the shoulder of a highway for any cause other than necessary traffic
stops. The regulation requires the use of either three bidirectional
emergency reflective triangles that conform to the requirements of
FMVSS No. 125, or at least 6 fusees or 3 liquid-burning flares while
the vehicle is stopped. The vehicle must also have as many additional
fusees or liquid-burning flares as are necessary to satisfy the
requirements of Sec.  392.22, which specifies how the hazard warnings
are to be displayed while stopped. Section 393.95 also permits the use
of other warning devices in addition to, but not in lieu of, the
required warning devices, provided those warning devices do not
decrease the effectiveness of the required warning devices.
    The LED flares are comprised of a series of wirelessly
interconnected individual LED warning devices. Each warning device is
illuminated by an array of LEDs which, combined with other warning
devices, provide four different options to adjust the flash pattern:
two sequential, one simultaneous, and one with steady burn. Pi
Variables notes that every LED flare can support 50,000 lbs. of load
while also meeting the IP 67 code \1\ for ingress protection against
water and dust. A carrying case and two different options to power the
LED flares are provided: lithium-ion rechargeable batteries or AA
alkaline batteries.
---------------------------------------------------------------------------

    \1\ International Electrotechnical Commission (IEC), Ingress
Protection (IP) Rating Guide https://www.iec.ch/ip-ratings.
---------------------------------------------------------------------------

    In its petition, Pi Variables stated that the benefits of deploying
LED flares include the prevention of fire danger, pollution, and health
conditions. Pi Variables stated that this alternative would maintain a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.

III. Summary of Comments

    On February 18, 2022, FMCSA published a notice in the Federal
Register (87 FR 9419) requesting public comment on Pi Variables'
application for exemption. The Agency received comments from one
individual who generally opposed granting the application and four
comments in support of the application subject to conditions.
    One commenter generally discouraged the use of LED flares,
expressing concerns about longevity and battery life. The remaining
four comments in favor recommended the use of LED flares due to
environmental impact, health and fire danger concerns from fusses and
liquid burning flares.

IV. FMCSA Decision Granting Exemption

A. Equivalent Level of Safety Analysis

    FMCSA has evaluated the Pi Variables exemption application and the
comments received. For the reasons discussed below, FMCSA believes that
granting the exemption to allow LED flares to be deployed as an
alternative to the bidirectional emergency reflective triangles,
fusees, and liquid burning flares required by the FMCSRs is likely to
achieve a level of safety equivalent to or greater than the level of
safety provided by the regulation.
    In 1999, the Texas Transportation Institute (TTI) published a
report titled ``Work Zone Lane Closure Warning Light System.'' \2\
Researchers investigated motorists' understanding of various designs of
LED flares and their perceived usefulness in a simulated work zone at
night. The research was conducted at TTI's proving ground facility at
the Texas A&M University Riverside Campus. The LED flares used for the
study were wired lights that flash in a sequence to delineate the taper
on work zones. The proving ground study simulated a nighttime work zone
with a left lane closure, tangent, flashing arrow panel, and prototype
warning light system. The focus of the research was to study the effect
of flashing LED flares and approach speeds upon motorists' reaction to,
and possible preference for, the LED flares. Field studies of the LED
flares were also performed at night to determine if the system would
yield significant operational or safety benefits in actual work zone
applications.
---------------------------------------------------------------------------

    \2\ Finley, M.D., G.L. Dudek. Work Zone Lane Closure Warning
Light System. Draft Report 3983-1. Texas Transportation Institute,
College Station Texas, September 1999. Available at time of
publication at https://static.tti.tamu.edu/tti.tamu.edu/documents/3983-1.pdf.
---------------------------------------------------------------------------

    Results from the proving ground and field studies showed that the
flashing LED flares used in the work-zone lane closure were perceived
positively and were not confusing to the motoring public. The field-
study also found that the prototype LED flares encouraged motorists to
vacate a closed travel lane farther upstream from the work zone.
Accordingly, Pi Variables' LED flares may provide similar safety
benefits alerting drivers to a stopped vehicle while encouraging them
to vacate the lane and navigate around the stopped vehicle.
    In 2011, the University of Missouri with the support of the Federal
Highway Administration's Smart Work Zone Deployment Initiative Program
conducted a study \3\ to investigate the effectiveness of flashing LED
flares on work zones during nighttime. The Sequential LED flares used
for the study were wireless lights that flash in a sequence to
delineate the taper on work zones. The effectiveness of sequential
lights was investigated using controlled field studies. Traffic
parameters were collected at the same field site with and without the
deployment of sequential lights. Three surrogate performance measures
were used to determine the impact of sequential lights on safety. These
measures were the speeds of approaching vehicles, the number of late
taper merges and the locations where vehicles merged into open lane
from the closed lane. The result of this study indicates that
sequential LED flares, like those designed by Pi Variables, had a net
positive effect in reducing the speeds of approaching vehicles,
enhancing driver compliance, and preventing passenger cars, trucks and
vehicles at rural work zones from late taper merges.
---------------------------------------------------------------------------

    \3\ Sun, C., P. Edara, Y. Hou, and A. Robertson. Final Report:
Cost-Benefit Analysis of Sequential Warning Lights in Nighttime Work
Zone Tapers. University of Missouri, Columbia, MO. June 2011.
---------------------------------------------------------------------------

    With respect to longevity of LED flares under normal use, the
Agency notes that Pi Variables reported that its LED flares have a life
span of more than five years and include IP certification and crush
strength. The IP certification is a rating system, defined by IEC/EN
60529,\4\ of a product's ability to withstand liquid and dust
intrusion. Pi Variables also subjects its LED flares to a crush
strength test to establish the compressive force or crush resistance of
the enclosure material.
---------------------------------------------------------------------------

    \4\ International Electrotechnical Commission (IEC) 60529,
Degrees of protection provided by enclosures (IP Code),Edition 2.2
published on August 29, 2013, https://webstore.iec.ch/preview/info_iec60529%7Bed2.2%7Db.pdf
---------------------------------------------------------------------------

    Additional advantages of LED flares over the regulatorily required
emergency equipment include: (1) activation when removed from their
storage case (a useful safety feature at the time a driver exits the
vehicle to deploy the LED flares during the night); (2) run-time for
LED flares of more than 20 hours, while flares can burn for about
twenty minutes; (3) the compact design

and weight of LED flares that provide stability to the devices during
windy conditions; and (4) the safe use of LED flares near chemical or
fuel spills.
    A few commentors expressed concern about the potential for self-
discharge of the batteries in the LED flares while they are stored
without use in the truck. We note that the FMCSRs control for proper
function of LED flares. Emergency equipment is an inspection item under
Sec.  396.11 as required by the FMCSR's. As such, if the LED flares are
not functioning properly due to self-discharge during storage, the
driver must complete a driver vehicle inspection report at the
completion of the workday, and the motor carrier must ensure that the
defect is corrected prior to vehicle re-dispatch.
    For these reasons, the Agency believes that granting the use of LED
flares as an alternative to emergency equipment currently specified in
49 CFR 393.95(f) will likely provide a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption. When compared to the bidirectional emergency reflective
triangles, fusees, or liquid-burning flares, the Pi Variables LED
flares provide drivers with an equivalent visual alert that (1)
encourages vehicles to reduce speed near stopped CMVs, (2) directs
vehicles to merge into another lane when lanes are closed, and (3) is
not confusing for the motoring public. Additionally, Pi Variables' LED
flares are safer for use where roadside fire hazards are present.

V. Terms and Conditions

Exemption Period

    The Agency hereby grants Pi Variables an exemption for a 5-year
period, beginning June 27, 2023 and ending June 27, 2028 unless
rescinded earlier by FMCSA.

A. Conditions of Exemption

    1. This exemption is limited to Pi Variables' Pi-Lit LED flares and
does not apply to any other LED flare system/technology.
    2. During the exemption period, motor carriers operating CMVs may
use Pi-Lit LED flares in orange or red LED color in lieu of the
bidirectional emergency reflective triangles, fusees, and liquid-
burning flares specified in Sec.  393.95(f).
    3. Motor carriers deploying Pi-Lit LED flares under this exemption
must deploy at least 3 flares within the time period and in the manner
specified for deployment in 49 CFR 392.22.
    4. The Pi-Lit LED flares must conform to the performance
requirements specified in Underwriters Laboratories, Inc., UL No. 912,
Highway Emergency Signals, Sixth Edition, May 11, 2018 for resistance
to rain, wind, and dust, and minimum illuminance.
    5. Interested parties possessing information that would demonstrate
that motor carriers utilizing Pi-Lit LED flares are not achieving the
requisite statutory level of safety should immediately notify FMCSA by
email at [email protected]. The Agency will evaluate any such information
and if safety is being compromised or if the continuation of the
exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will
take immediate steps to revoke the exemption.

B. Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

C. Termination

    FMCSA does not believe that motor carriers, drivers, and CMVs
covered by the exemption will experience any deterioration of their
safety record. However, should this occur, FMCSA will take all steps
necessary to protect the public interest, including revocation of the
exemption without prior notice. The exemption will be rescinded if: (1)
motor carriers and/or CMVs fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than maintained before it was granted; or (3) continuation of
the exemption would not be consistent with the goals and objectives of
49 U.S.C. 31136(e) or 31315(b).

Robin Hutcheson,
Administrator.
[FR Doc. 2023-13205 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25089-25092]
[FR Doc No: 2019-11219]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85924; File No. SR-OCC-2019-803]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Advance Notice Concerning the Options Clearing
Corporation's Proposal To Enter Into a New Credit Facility Agreement

May 23, 2019.
    Pursuant to Section 806(e)(1) of Title VIII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act, entitled Payment, Clearing
and Settlement Supervision Act of 2010 (``Clearing Supervision Act'')
\1\ and Rule 19b-4(n)(1)(i) \2\ under the Securities Exchange Act of
1934 (``Exchange Act'' or ``Act''),\3\ notice is hereby given that on
April 26, 2019, the Options Clearing Corporation (``OCC'') filed with
the Securities and Exchange Commission (``Commission'') an advance
notice (``Advance Notice'') as described in Items I, II and III below,
which Items have been prepared by OCC. The Commission is publishing
this notice to solicit comments on the advance notice from interested
persons.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(1)(i).
    \3\ 15 U.S.C. 78a et seq.
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the Advance
Notice

    This advance notice is submitted in connection with a proposed
change to OCC's operations in the form of the replacement of a
revolving credit facility that OCC maintains for a 364-day term and
that it may use: (i) In anticipation of a potential default by or
suspension of a Clearing Member; (ii) to meet obligations arising out
of the default or suspension of a Clearing Member; (iii) to meet
reasonably anticipated liquidity needs for same-day settlement as a
result of the failure of any bank or securities or commodities clearing
organization to achieve daily settlement; or (iv) to meet obligations
arising out of the failure of a bank or securities or commodities
clearing organization to perform its obligations due to its bankruptcy,
insolvency, receivership or suspension of operations. OCC has provided
a summary of the terms and conditions of the proposed renewal in
confidential Exhibit 3. The proposed change is described in additional
detail in Item 10 below.
    The advance notice is available on OCC's website at https://www.theocc.com/about/publications/bylaws.jsp. All terms with initial
capitalization that are not otherwise defined herein have the same
meaning as set forth in the OCC By-Laws and Rules.\4\
---------------------------------------------------------------------------

    \4\ OCC's By-Laws and Rules can be found on OCC's public
website: http://optionsclearing.com/about/publications/bylaws.jsp.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the advance notice and
discussed any comments it received on the advance notice. The text of
these statements may be examined at the places specified in Item IV
below. OCC has prepared summaries, set forth in sections A and B below,
of the most significant aspects of these statements.

(A) Clearing Agency's Statement on Comments on the Advance Notice
Received From Members, Participants or Others

    Written comments were not and are not intended to be solicited with
respect to the advance notice and none have been received. OCC will
notify the Commission of any written comments received by OCC.

(B) Advance Notices Filed Pursuant to Section 806(e) of the Payment,
Clearing, and Settlement Supervision Act

Description of Proposed Change
Background
    This advance notice is being filed in connection with a proposed
change in the form of the replacement of a revolving credit facility
that OCC maintains for a 364-day term and that it may use: (i) In
anticipation of a potential default by or suspension of a Clearing
Member; (ii) to meet obligations arising out of the default or
suspension of a Clearing Member; (iii) to meet reasonably anticipated
liquidity needs for same-day settlement as a result of the failure of
any bank or securities or commodities clearing organization to achieve
daily settlement; or (iv) to meet obligations arising out of the
failure of a bank or securities or commodities clearing organization to
perform its obligations due to its bankruptcy, insolvency, receivership
or suspension of operations (``Permitted Use Circumstances''). In any
such Permitted Use Circumstance, OCC has certain conditional authority
under its By-Laws and Rules to borrow or otherwise obtain funds from
third parties using Clearing Member margin deposits and/or Clearing
Fund contributions.\5\
---------------------------------------------------------------------------

    \5\ See generally Article VIII of OCC's By-Laws and OCC Rules
1006(f), 1102 and 1104(b).
---------------------------------------------------------------------------

    OCC's existing credit facility (``Existing Facility'') was
implemented as of June 28, 2018, through the execution of a credit
agreement among OCC, the administrative agent, collateral agent and the
lenders that are parties to the agreement from time to time. The
Existing Facility provides short-term secured borrowings in an
aggregate principal amount of $2 billion but may be increased to $3
billion if OCC so requests and sufficient commitments from lenders are
received and accepted. To obtain a loan under the Existing Facility,
OCC must pledge as collateral U.S. dollars, securities issued or
guaranteed by the U.S. Government or the Government of Canada, S&P 500
Market Index equities, Exchange-Traded Funds (``ETFs''), American
Depositary Receipts (``ADRs'') or certain government-sponsored
enterprise (``GSE'') debt securities. Certain mandatory prepayments or
deposits of additional collateral are required depending on changes in
the collateral's

market value. In connection with OCC's past implementation of the
Existing Facility, OCC filed an advance notice with the Commission on
May 25, 2018, and the Commission published a Notice of No-Objection on
June 27, 2018.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 83529 (June 27,
2018), 83 FR 31237 (July 3, 2018) (SR-OCC-2018-802).
---------------------------------------------------------------------------

Description of the Proposal
    Renewal. The Existing Facility is set to expire on June 27, 2019.
OCC is currently negotiating the terms of a new credit facility (``New
Facility'') on substantially similar terms as the Existing Facility,
and the definitive documentation concerning the New Facility is
expected to be substantially similar to the definitive documentation
concerning the Existing Facility. The proposed terms and conditions
that are expected to be applicable to the New Facility, subject to
agreement by the lenders, are set forth in the Summary of Terms and
Conditions, which is not a public document.\7\
---------------------------------------------------------------------------

    \7\ OCC has separately submitted a request for confidential
treatment to the Commission regarding the Summary of Terms and
Conditions, which is included in this filing as Exhibit 3.
---------------------------------------------------------------------------

    The conditions regarding the availability of the New Facility,
which OCC anticipates will be satisfied on or about June 26, 2019,
include the execution and delivery of: (i) A credit agreement between
OCC and the administrative agent, collateral agent and various lenders
under the New Facility; (ii) a pledge agreement between OCC and the
administrative agent or collateral agent; and (iii) such other
documents as may be required by the parties. The definitive
documentation concerning the New Facility is expected to be consistent
with the Summary of Terms and Conditions that is provided in
confidential Exhibit 3, although it may include certain changes to
business terms as may be necessary to obtain the agreement of lenders
with sufficient funding commitments and certain changes as may be
necessary regarding administrative and operational terms being
finalized between the parties.
    Certain changes are presently expected in connection with the New
Facility regarding the securities collateral that OCC would be
permitted to pledge to obtain a loan. Specifically, as described below,
OCC would be permitted to pledge securities that are issued or
guaranteed by certain foreign governments.
    Expansion of Permitted Collateral. As noted above, OCC proposes to
expand the types of permitted collateral under the New Facility. As
proposed, OCC would be permitted to pledge a wider range of collateral
under the New Facility to the extent that Clearing Members are
permitted to use such collateral to make margin deposits and/or
Clearing Fund contributions.
    As described above, to obtain a loan under the Existing Facility
OCC must pledge as collateral certain cash or securities that Clearing
Members have contributed to the Clearing Fund or deposited as margin.
Under OCC's By-Laws and Rules, Government Securities presently may be
deposited by Clearing Members as margin assets \8\ and Clearing Fund
contributions.\9\ The term Government Securities is defined in relevant
part in OCC's By-Laws to mean ``securities issued or guaranteed by the
United States or Canadian Government, or by any other foreign
government acceptable to OCC . . .'' \10\ The Summary of Terms and
Conditions for the New Facility contemplates that it would expand the
scope of such collateral that OCC may pledge to include other
categories of Government Securities that OCC may accept in the future.
Specifically, the expanded Government Securities collateral regarding
Clearing Member margin assets and Clearing Fund contributions would be
debt securities that are issued by the Federal Republic of Germany, the
Republic of France, Japan or the United Kingdom (``Additional G7
Governments'').\11\ Under the proposed terms of the New Facility, debt
securities of Additional G7 Governments would only be able to be used
as collateral if they have minimum ratings of A (by Standard & Poor's)
and A2 (by Moody's).\12\
---------------------------------------------------------------------------

    \8\ See OCC Rule 604(b)(1).
    \9\ See OCC Rule 1002(a).
    \10\ See OCC By-Laws, Art. I, Section 1.G.(5).
    \11\ These four countries, like the U.S. and Canada, are also
members of what is referred to as the Group of Seven, or simply the
G7, that meets annually to confer regarding economic policies.
    \12\ Like other Government Securities that may be pledged as
collateral under the Existing Facility, debt securities of the
Additional G7 Governments would be subject to certain haircuts based
on their remaining time to maturity.
---------------------------------------------------------------------------

    Although OCC has not yet decided to accept as Clearing Member
collateral any debt securities issued by the Additional G7 Governments,
it may do so prior to the expiration of the New Facility because OCC
believes that it would benefit some Clearing Members that have such
securities and that would like to use them as collateral. Before OCC
may accept a particular foreign sovereign's debt securities as margin
assets or Clearing Fund contributions, the Collateral Risk Management
Policy \13\ provides that the Credit and Liquidity Risk Working Group
within OCC must perform an analysis of the sovereign credit, market,
and liquidity risks associated therewith, and it must also consider
operational aspects of maintaining custody of the collateral and the
manner in which OCC can perfect a security interest in the collateral
given applicable bankruptcy and insolvency laws. Upon requisite
approvals, including regarding any necessary rule filings with the
Commission, OCC would accept the relevant debt securities of the
Additional G7 Governments as Government Securities, and, in turn, it
would be able to pledge such Government Securities in Permitted Use
Circumstances to support the New Facility.\14\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 82311 (December 13,
2017), 82 FR 60252 (December 19, 2017) (SR-OCC-2017-008).
    \14\ The Summary of Terms and Conditions explicitly provides
that the securities of Additional G7 Governments may constitute
collateral under the New Facility only after they are permitted to
be pledged by Clearing Members into the Clearing Fund or deposited
as margin deposits by Clearing Members. In 2017, the Commission
issued a notice of no objection in connection with a similar change
in the renewal of the credit facility where the terms were amended
to permit OCC to pledge certain securities as collateral that OCC
had not yet approved as acceptable collateral for margin deposits.
See Securities Exchange Act Release No. 81058 (June 30, 2017), 82 FR
31371, 31373 (July 6, 2017) (SR-OCC-2017-803).
---------------------------------------------------------------------------

    Adding debt securities of Additional G7 Governments as permitted
Government Securities collateral to the New Facility serves the purpose
of aligning the scope of permitted collateral for the New Facility with
the scope of Clearing Member collateral that may become available to
OCC for borrowing purposes. Should OCC draw upon the New Facility in
connection with a Permitted Use Circumstance at a time when the
proposed debt securities of the Additional G7 Governments are permitted
as margin assets and/or Clearing Fund contributions, OCC believes that
it would be appropriate for it to be able to pledge those debt
securities of the Additional G7 Governments.
Anticipated Effect on and Management of Risk
    Completing timely settlement is a key aspect of OCC's role as a
clearing agency performing central counterparty services. Overall, the
New Facility would continue to promote the reduction of risks to OCC,
its Clearing Members and the markets OCC serves in general because it
would allow OCC to obtain short-term funds in the Permitted Use
Circumstances. The existence of the

New Facility would therefore help OCC minimize losses in the event of a
Permitted Use Circumstance, by allowing it to obtain funds on extremely
short notice to ensure clearance and settlement of transactions in
options and other contracts without interruption. OCC believes that the
reduced settlement risk presented by OCC resulting from the New
Facility would correspondingly reduce systemic risk and promote the
safety and soundness of the clearing system. By drawing on the New
Facility, OCC would also be able to avoid liquidating margin deposits
or Clearing Fund contributions in what would likely be volatile market
conditions, which would preserve funds available to cover any losses
resulting from the failure of a Clearing Member, bank or other clearing
organization. Expanding the scope of collateral that OCC is permitted
to pledge to the New Facility to include the debt securities of the
Additional G7 Governments would further this purpose by giving OCC
greater flexibility to pledge a broader range of collateral that it
determines is appropriate under the circumstances.
    OCC otherwise believes that the proposed change would not otherwise
affect or alter the management of risk at OCC because the New Facility
would generally preserve the same terms and conditions as the Existing
Facility.
Consistency With the Payment, Clearing and Settlement Supervision Act
    The stated purpose of the Clearing Supervision Act is to mitigate
systemic risk in the financial system and promote financial stability
by, among other things, promoting uniform risk management standards for
systemically important financial market utilities and strengthening the
liquidity of systemically important financial market utilities.\15\
Section 805(a)(2) of the Clearing Supervision Act \16\ also authorizes
the Commission to prescribe risk management standards for the payment,
clearing and settlement activities of designated clearing entities,
like OCC, for which the Commission is the supervisory agency. Section
805(b) of the Clearing Supervision Act \17\ states that the objectives
and principles for risk management standards prescribed under Section
805(a) shall be to:
---------------------------------------------------------------------------

    \15\ 12 U.S.C. 5461(b).
    \16\ 12 U.S.C. 5464(a)(2).
    \17\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

     Promote robust risk management;
     promote safety and soundness;
     reduce systemic risks; and
     support the stability of the broader financial system.
    The Commission has adopted risk management standards under Section
805(a)(2) of the Clearing Supervision Act and the Exchange Act in
furtherance of these objectives and principles.\18\ Rule 17Ad-22
requires registered clearing agencies, like OCC, to establish,
implement, maintain, and enforce written policies and procedures that
are reasonably designed to meet certain minimum requirements for their
operations and risk management practices on an ongoing basis.\19\
Therefore, the Commission has stated \20\ that it believes it is
appropriate to review changes proposed in advance notices against Rule
17Ad-22 and the objectives and principles of these risk management
standards as described in Section 805(b) of the Clearing Supervision
Act.\21\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.17Ad-22. See Securities Exchange Act Release
Nos. 68080 (October 22, 2012), 77 FR 66220 (November 2, 2012) (S7-
08-11) (``Clearing Agency Standards''); 78961 (September 28, 2016),
81 FR 70786 (October 13, 2016) (S7-03-14) (``Standards for Covered
Clearing Agencies'').
    \19\ 17 CFR 240.17Ad-22.
    \20\ See supra note 6.
    \21\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

    OCC believes that the proposed changes are consistent with Section
805(b)(1) of the Clearing Supervision Act \22\ because the New Facility
would provide OCC with continued access to a stable and reliable source
of committed liquidity that can be accessed in a timely manner to meet
its settlement obligations, contain losses and liquidity pressures and
mitigate OCC's liquidity risk. Accordingly, OCC believes that the
proposed changes: (i) Are designed to promote robust risk management;
(ii) are consistent with promoting safety and soundness; and (iii) are
consistent with reducing systemic risks and promoting the stability of
the broader financial system.
---------------------------------------------------------------------------

    \22\ 12 U.S.C. 5464(b)(1).
---------------------------------------------------------------------------

    OCC believes that the New Facility is also consistent with the
requirements of Rule 17Ad-22(e)(7) under the Act.\23\ Rule 17Ad-
22(e)(7) requires OCC to establish, implement, maintain and enforce
written policies and procedures reasonably designed to effectively
measure, monitor, and manage liquidity risk that arises in or is borne
by OCC, including measuring, monitoring, and managing its settlement
and funding flows on an ongoing and timely basis, and its use of
intraday liquidity, as specified in the rule.\24\ In particular, Rule
17Ad-22(e)(7)(i) under the Act \25\ directs that OCC meet this
obligation by, among other things, ``[m]aintaining sufficient liquid
resources at the minimum in all relevant currencies to effect same-day
. . . settlement of payment obligations with a high degree of
confidence under a wide range of foreseeable stress scenarios that
includes, but is not limited to, the default of the participant family
that would generate the largest aggregate payment obligation for [OCC]
in extreme but plausible market conditions.''
---------------------------------------------------------------------------

    \23\ 17 CFR 240.17Ad-22(e)(7).
    \24\ Id.
    \25\ 17 CFR 240.17Ad-22(e)(7)(i).
---------------------------------------------------------------------------

    As described above, the New Facility would provide OCC with a
readily available liquidity resource that would enable it to, among
other things, continue to meet its obligations in a timely fashion in a
Permitted Use Circumstance and as an alternative to selling Clearing
Member collateral under what may be stressed and volatile market
conditions. The expansion of permitted collateral under the New
Facility to include the debt securities of Additional G7 Governments
would better enable OCC to manage liquidity risk associated with its
settlement obligations in the event that OCC in the future accepts such
debt securities as Government Securities by giving OCC the ability to
pledge that broader range of Clearing Member collateral to the New
Facility in Permitted Use Circumstances. For these reasons, OCC
believes that the proposal is consistent with Rule 17Ad-
22(e)(7)(i).\26\
---------------------------------------------------------------------------

    \26\ Id.
---------------------------------------------------------------------------

    Rule 17Ad-22(e)(7)(ii) under the Act requires OCC to establish,
implement, maintain and enforce written policies and procedures
reasonably designed to hold qualifying liquid resources sufficient to
satisfy payment obligations owed to Clearing Members.\27\ Rule 17Ad-
22(a)(14) of the Act defines ``qualifying liquid resources'' to
include, among other things, lines of credit without material adverse
change provisions, that are readily available and convertible into
cash.\28\ As with the Existing Facility, the New Facility would not be
subject to any material adverse change provision and would continue to
be designed to permit OCC to, among other things, help ensure that OCC
has sufficient, readily-available qualifying liquid resources to meet
the cash settlement obligations of its largest Clearing Member Group.
Therefore, OCC believes that the proposal is consistent with Rule 17Ad-
22(e)(7)(ii).\29\
---------------------------------------------------------------------------

    \27\ 17 CFR 240.17Ad-22(e)(7)(ii).
    \28\ 17 CFR 240.17Ad-22(a)(14).
    \29\ 17 CFR 240.17Ad-22(e)(7)(ii).
---------------------------------------------------------------------------

    For the foregoing reasons, OCC believes that the proposed changes
are consistent with Section 805(b)(1) of the

Clearing Supervision Act \30\ and Rule 17Ad-22(e)(7) \31\ under the
Act.
---------------------------------------------------------------------------

    \30\ 12 U.S.C. 5464(b)(1).
    \31\ 17 CFR 240.17Ad-22(e)(7).
---------------------------------------------------------------------------

Accelerated Commission Action Requested
    Pursuant to Section 806(e)(1)(I) of the Clearing Supervision
Act,\32\ OCC requests that the Commission notify OCC that it has no
objection to the New Facility not later than Monday, June 24, 2019,
which shall be two business days prior to the expected June 26, 2019
availability of the New Facility. OCC requests Commission action by
this date to ensure that there is no period that OCC operates without
this essential liquidity resource, given its importance to OCC's
borrowing capacity in connection with its management of liquidity and
settlement risk and timely completion of clearance and settlement.
---------------------------------------------------------------------------

    \32\ 12 U.S.C. 5465(e)(1)(I).
---------------------------------------------------------------------------

III. Date of Effectiveness of the Advance Notice and Timing for
Commission Action

    The proposed change may be implemented if the Commission does not
object to the proposed change within 60 days of the later of (i) the
date the proposed change was filed with the Commission or (ii) the date
any additional information requested by the Commission is received. OCC
shall not implement the proposed change if the Commission has any
objection to the proposed change.
    The Commission may extend the period for review by an additional 60
days if the proposed change raises novel or complex issues, subject to
the Commission providing the clearing agency with prompt written notice
of the extension. A proposed change may be implemented in less than 60
days from the date the advance notice is filed, or the date further
information requested by the Commission is received, if the Commission
notifies the clearing agency in writing that it does not object to the
proposed change and authorizes the clearing agency to implement the
proposed change on an earlier date, subject to any conditions imposed
by the Commission.
    OCC shall post notice on its website of proposed changes that are
implemented. The proposal shall not take effect until all regulatory
actions required with respect to the proposal are completed.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the advance
notice is consistent with the Clearing Supervision Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2019-803 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549.

All submissions should refer to File Number SR-OCC-2019-803. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the advance notice that are filed with the
Commission, and all written communications relating to the advance
notice between the Commission and any person, other than those that may
be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for website viewing and printing in the
Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the self-regulatory organization
and on OCC's website at https://www.theocc.com/about/publications/bylaws.jsp.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-OCC-2019-803 and
should be submitted on or before June 14, 2019.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11219 Filed 5-29-19; 8:45 am]
 BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

There are many rules and questions raised and I have not had the time to answer them.  I may be a little late in my comment but I'm hoping that in commenting it will make a difference for not only myself but others like myself in how we feel about the e-cig industry.  My time is very limited as I'm commenting on the last day but had made an effort to make one more voice count.  I have never filled anything out like this before so me commenting on this issue is a big deal for me.

I have been using e-cigarettes as an alternative to combustible cigarettes since December of 2012 and felt so strongly about the products that I dropped my planning of opening up my own restaurant.  I had prior work history in restauranteur since 2007 leading up to one years worth of planning in 2011 to open my restaurant.  I picked up an e-cigarette in hopes of cutting down on combustible cigarettes and for once in my life things were looking brighter.  I cut down on combustible cigarettes.  I was feeling better.  My body felt better.  My response time in action and decisions were faster.  I felt like a better and healthier person.  I truly believe that without e-cigarettes my life would be much worse than if it was never introduced to me.  I felt so strongly behind e-cigarettes that I dropped all my restaurant plans to open up a e-cigarette store because I wanted to share with others how e-cigarettes helped me.  As time went on, new products started to show up in the industry.  These new products better help not only myself but others like myself in staying away from combustible cigarettes.  These new products help with customizing a right fit for those looking for a way out of smoking.  Some people have been addicted to combustible cigarettes for so long that limiting products available to those my have a big impact on leading them back to combustible cigarettes.  I firmly believe that e-cigarettes saved not only my life, but my loved ones, my friends, my family, and everyone else who needs a way out of combustible cigarettes.

I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76171-76172]
[FR Doc No: 2011-31283]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4046-DR; Docket ID FEMA-2011-0001]

Connecticut; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Connecticut (FEMA-406-DR), dated November 17,
2011, and related determinations.

DATES: Effective Date: November 17, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated November 17, 2011, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Connecticut resulting from a severe storm during the period of
October 29-30, 2011, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Connecticut.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. Direct
Federal assistance is authorized. Consistent with the requirement
that Federal assistance is supplemental, any Federal funds provided
under the Stafford Act for Public Assistance and Hazard Mitigation
will

be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Stephen M. De Blasio Sr., of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Connecticut have been
designated as adversely affected by this major disaster:

    Fairfield, Hartford, Litchfield, Middlesex, New Haven, Tolland,
and Windham Counties for Public Assistance.
    All counties and tribes in the State of Connecticut are eligible
to apply for assistance under the Hazard Mitigation Grant Program.

(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.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-31283 Filed 12-5-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: January 2, 2008 (Volume 73, Number 1)]
[Notices]
[Page 223]
[DOCID:fr02ja08-97]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-RSPA-2003-15852]

Pipeline Safety: Workshop on Public Awareness Programs for
Pipeline Operators and Location of Line Markers

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

ACTION: Notice of workshop.

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

SUMMARY: PHMSA will host a workshop to provide stakeholders with an
update on public awareness programs for pipeline operators and to
discuss the location of line markers. On the first day, PHMSA will
share the findings from its review of written public awareness
programs. The workshop will also include discussion of potential
revisions to the first edition of the American Petroleum Institute
(API) Recommended Practice (RP) 1162. Pipeline operators will also
share some lessons learned from their implementation of public
awareness programs based on RP 1162. On the second day, PHMSA will lead
a discussion on the location of line markers.

DATES: The workshop will be held on February 20-21, 2008.

ADDRESSES: The workshop will be held at the Hotel Derek, 2525 West Loop
South, Houston, TX 77027. Hotel reservations under the Department of
Transportation room block can be made at<PHONE_NUMBER>. The meeting
room will be posted at the hotel on the day of the workshop.

FOR FURTHER INFORMATION CONTACT: Blaine Keener at<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Registration: Members of the public may
attend this free workshop. To register for a workshop, select Public
Awareness and Pipeline Marker Workshop from http://primis.phmsa.dot.gov/meetings/.
 Hotel reservations must be made by

contacting the hotel directly.
    Web Casting: The part of the workshop on public awareness programs
will be web cast and available for viewing for two months after the
workshop. The web cast will be accessible at http://primis.phmsa.dot.gov/comm/PublicAwarenessWorkshops.htm
.

    Background on public awareness programs: Between August 8, 2006,
and October 15, 2007, pipeline operators submitted 1,568 public
awareness programs to PHMSA for a centralized review. Public awareness
programs are required by 49 CFR 192.616 and 49 CFR 195.440 to improve
awareness of pipeline safety with four stakeholder audiences: the
affected public, emergency officials, local public officials, and
excavators. These regulations require operators to follow the guidance
of API RP 1162, Public Awareness Programs for Pipeline Operators, First
Edition, December 2003.
    The review examined each program to determine whether it followed
the recommendations of API RP 1162. Aspects of the program that
deviated from the recommendation in API RP 1162 were sent to the
appropriate pipeline safety agency or agencies for resolution with the
pipeline operator. PHMSA will present summary statistics from the
centralized review of the programs.
    The API typically publishes new editions of recommended practices
every five years. The workshop will include discussion about potential
revisions to API RP 1162 for the second edition.
    The recommendations in API RP 1162 have led some pipeline operators
to develop new and innovative approaches to improving pipeline safety
awareness among the stakeholder audiences. The workshop will provide
pipeline operators with an opportunity to share lessons learned from
implementing new ideas.
    Background on line markers: The pipeline safety regulations require
the use of line markers to alert the public as to the presence of
buried pipelines. The regulation applicable to gas pipelines is found
at 49 CFR 192.707. The regulation applicable to hazardous liquid
pipelines is found at 49 CFR 195.410. The workshop will include
discussion about the appropriate interval between markers and
conditions which make it impractical to use markers.

    Issued in Washington, DC, on December 21, 2007.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. E7-25433 Filed 12-31-07; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Proposed Rules]
[Pages 34070-34072]
[FR Doc No: 2018-15291]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0368; Product Identifier 2018-NE-12-AD]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Division (PW) Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Pratt & Whitney Division (PW) PW4074D, PW4077D, PW4084D, PW4090, and
PW4090-3 turbofan engines with a low pressure compressor (LPC) fan hub,
part number (P/N) 51B821 or P/N 52B521, installed. This proposed AD was
prompted by updated low cycle fatigue analysis techniques that indicate
certain LPC fan hubs could crack prior to their published life limit.
This proposed AD would require repetitive eddy current inspections
(ECIs) and fluorescent penetrant inspections (FPIs) for cracks in
certain LPC fan hubs and removal of hubs from service that fail
inspection. We are proposing this AD to address the unsafe condition on
these products.

DATES: We must receive comments on this proposed AD by September 4,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Pratt &
Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-
565-0140; fax:<PHONE_NUMBER>. You may view this service information at
the FAA, Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0368; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jo-Ann Theriault, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
781-238-7105; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0368;
Product Identifier 2018-NE-12-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    We received information concerning an updated analysis by the
engine manufacturer, which indicated certain triple-bore LPC fan hubs
installed in high-thrust models of the PW4000-112'' series turbofan
engine could crack prior to their published life limit. This proposed
AD would add additional inspections of affected triple-bore LPC fan
hubs until they are removed from service and replaced with a part
eligible for installation. This condition, if not addressed, could
result in fatigue cracking of the LPC fan hub, uncontained hub failure,
damage to the engine, and damage to the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed PW Alert Service Bulletin (ASB) PW4G-112-A72-351, dated
February 22, 2018. This PW ASB describes procedures for performing LPC
fan hub ECIs and FPIs. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Other Related Service Information

    We reviewed PW PW4000 Series 112 Inch Turbofan Engines Cleaning,
Inspection and Repair (CIR) Manual, P/N 51A750, Chapter/Section 72-31-
07, Inspection/Check-02, Revision No. 76, dated March 15, 2018. The CIR
Manual contains additional information regarding FPI and ECI of the LPC
fan hub.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require repetitive ECIs and FPIs of the LPC
fan hub.

Costs of Compliance

    We estimate that this proposed AD affects 32 engines installed on
airplanes of U.S. registry. We estimate the following costs to comply
with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Pro-rated part cost...................  0 work-hours x $85 per          $288,000        $288,000        $288,000
                                         hour = $0.
Inspection............................  40 work-hours x $85 per                0           3,400         108,800
                                         hour = $3,400.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Pratt & Whitney Division: Docket No. FAA-2018-0368; Product
Identifier 2018-NE-12-AD.

(a) Comments Due Date

    We must receive comments by September 4, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Pratt & Whitney Division (PW) PW4074D,
PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines with low-
pressure compressor (LPC) fan hub, part number (P/N) 51B821 or P/N
52B521, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by low cycle fatigue analysis techniques,
updated by the engine manufacturer, which indicated certain LPC fan
hubs could crack prior to their published life limit. We are issuing
this AD to prevent failure of the LPC fan hub. The unsafe condition,
if not addressed, could result in uncontained hub release, damage to
the engine, and damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) After the effective date of this AD, perform a fluorescent
penetrant inspection (FPI) and eddy current inspection (ECI) of the
LPC fan hub the next time the engine is separated at the M-flange
and the LPC fan hub has accumulated 2,000 or more flight cycles
since the last FPI and ECI.
    (2) Thereafter, perform an FPI and an ECI of the LPC fan hub
every time the engine is separated at the M-flange and the LPC fan
hub has accumulated 2,000 or more flight cycles since the last LPC
fan hub ECI and FPI inspections.
    (3) Use the Accomplishment Instructions, Step No. 11, in PW
Alert Service Bulletin PW4G-112-A72-351, dated February 22, 2018, to
do the eddy current inspections.
    (4) If a crack is found during the inspections required by
paragraphs (g)(1) or (2) of this AD, remove the LPC fan hub from
service before further flight and replace with a part eligible for
installation.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local flight standards district office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (i)(1) of this AD. You may email your
request to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Jo-Ann
Theriault, Aerospace Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-238-
7199; email: [email protected].
    (2) For service information identified in this AD, contact Pratt
& Whitney Division, 400 Main St., East Hartford, CT 06118; phone:
800-565-0140; fax:<PHONE_NUMBER>. You may view this referenced
service information at the FAA, Engine and Propeller Standards
Branch, 1200 District Avenue, Burlington, MA 01803. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on July 12, 2018.
Robert J. Ganley,
Acting Manager, Engine and Propeller Standards Branch, Aircraft
Certification Service.
[FR Doc. 2018-15291 Filed 7-18-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Notices]
[Pages 42262-42263]
[FR Doc No: 2022-15007]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Maps for Jack Northup/Hawthorne Municipal Airport,
Hawthorne, Los Angeles County, California

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of acceptance of Noise Exposure Maps.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure maps submitted by the City of
Hawthorne for Jack Northup/Hawthorne Municipal Airport are in
compliance with applicable requirements.

DATES: The effective date of the FAA's determination on the noise
exposure maps is July 8, 2022.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional
Environmental Protection Specialist, 777 South Aviation Boulevard, El
Segundo, California 90045. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the noise exposure maps submitted for Jack Northup/Hawthorne
Municipal Airport are in compliance with applicable requirements,
effective July 8, 2022. Under 49 U.S.C. 47503 of the Aviation Safety
and Noise Abatement Act (hereinafter referred to as ``the Act''), and
Title 14, Code of Federal Regulations (CFR) part 150, an airport
operator may submit to the FAA noise exposure maps which meet
applicable regulations and which depict non-compatible land uses as of
the date of submission of such maps, a description of projected
aircraft operations, and the ways in which such operations will affect
such maps. The Act requires such maps to be developed in consultation
with interested and affected parties in the local community, government
agencies, and persons using the airport. An airport operator who has
submitted noise exposure maps that are found by FAA to be in compliance
with the requirements of part 150, promulgated pursuant to the Act, may
submit a noise compatibility program for FAA approval which sets forth
the measures the operator has taken or proposes to take to reduce
existing non-compatible uses and prevent the introduction of additional
non-compatible uses.
    The FAA has completed its review of the noise exposure maps and
accompanying documentation submitted by the City of Hawthorne. The
documentation that constitutes the ``Noise Exposure Maps'' as defined
in section 150.7 of part 150 includes: the radar flight tracks (Chapter
2; Exhibit 2C); the existing and future consolidated arrival,
departure, local and helicopter flight tracks (Chapter 2; Exhibits 2D,
2E, 2F); the 2020 Noise Exposure Map (Introduction, Exhibit 1) and 2025
Noise Exposure Map (Introduction, Exhibit 2), both depicting the runway
location, airport boundaries, and location of noise sensitive public
buildings over a land use map of a sufficient scale and quality to
discern streets and other identifiable geographic features; the
location of the noise monitoring sites (Chapter 2; Table 2H, Exhibit
2J); and the estimates of the number of people residing within the CNEL
65, 70, and 75 dB contours in 2020 and 2025 (Chapter 3; Table 3B, Table
3D). The FAA has determined that these noise exposure maps and
accompanying documentation are in compliance with applicable
requirements. This determination is effective on July 8, 2022.
    FAA's determination on an airport operator's noise exposure maps is
limited to a finding that the maps were developed in accordance with
the procedures contained in Appendix A of part 150. Such determination
does not constitute approval of the applicant's data, information or
plans, or a commitment to approve a noise compatibility program or to
fund the implementation of that program. If questions arise concerning
the precise relationship of specific properties to noise exposure
contours depicted on a noise exposure map submitted under section 47503
of the Act, it should be noted that the FAA is not involved in any way
in determining the relative locations of specific properties with
regard to the depicted noise contours, or in interpreting the noise
exposure maps to resolve questions concerning, for example, which
properties should be covered by the provisions of section 47506 of the
Act. These functions are inseparable from the ultimate land use control
and planning responsibilities of local government. These local
responsibilities are not changed in any way under part 150 or through
FAA's review of noise exposure maps. Therefore, the responsibility for
the detailed overlaying of noise exposure contours onto the map
depicting properties on the surface rests exclusively with the airport
operator that submitted those maps, or with those public agencies and
planning agencies with which consultation is required under section
47503 of the Act. The FAA has relied on the certification by the
airport operator, under section 150.21 of part 150, that the
statutorily required consultation has been accomplished.
    Copies of the full noise exposure map documentation and of the
FAA's evaluation of the maps are available for examination online at
https://hawthornenoise.airportstudy.net/ as well as the following
locations:

Federal Aviation Administration, Los Angeles Airports District Office,
777 South Aviation Boulevard, Suite 150, El Segundo, California 90045
Hawthorne City Hall, 2nd Floor Engineering Department, 4455 West 126th
Street, Hawthorne, California 90250
Hawthorne Airport Administration Office, 12101 Crenshaw Blvd. Suite
#300, Hawthorne, California 90250

    Questions may be directed to the individual named above under the
heading FOR FURTHER INFORMATION CONTACT.

    Issued in El Segundo, California, on July 8, 2022.
William C. Garrison,
Acting Director, Airports Division, Western-Pacific Region.
[FR Doc. 2022-15007 Filed 7-13-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 15, 2008 (Volume 73, Number 10)]
[Notices]
[Page 2487-2490]
[DOCID:fr15ja08-60]

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ENVIRONMENTAL PROTECTION AGENCY

[PA-HQ-OAR-2007-1182, 1183, and 1184; FRL-8516-8]

Agency Information Collection Activities: Proposed Collections;
Request for Comment on Three Proposed Information Collection Requests
(ICRs)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew three existing approved Information
Collection Requests (ICRs) to the Office of

Management and Budget (OMB). Two of these ICRs, 1684.08 and 1695.08,
are scheduled to expire March 31, 2008. ICR 1800.03 is scheduled to
expire May 31, 2008. Before submitting these ICRs to OMB for review and
approval, EPA is soliciting comments on specific aspects of the
proposed information collection as described below.

DATES: Comments must be submitted on or before March 17, 2008.

ADDRESSES: Submit your comments, identified by the Docket ID numbers
provided for each item in the text, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket Center, (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to the Docket ID Numbers
identified for each item in the text. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any

personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: Nydia Yanira Reyes-Morales,
Environmental Protection Agency, 1200 Pennsylvania Avenue, Mail Code
6403J NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for each of the ICRs identified
in this document (see the Docket ID numbers for each ICR that are
provided in the text), which is available for online viewing at http://www.regulations.gov
, or in person viewing at the Air Docket in the EPA

Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft

collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the Docket ID number
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activities or ICRs Does This Apply to?

Docket ID Number: EPA-HQ-OAR-2007-1182

    Affected Entities: Entities potentially affected by these actions
are manufacturers of nonroad compression ignition engines, equipment
and components.
    Title: Emissions Certification and Compliance Requirements for
Nonroad Compression-ignition Engines and On-highway Heavy Duty Engines.
    ICR Numbers: EPA ICR No. 1684.09, OMB Control No. 2060-0287.
    ICR Status: This ICR is currently scheduled to expire on March 31,
2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR

part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
in certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: This information collection is requested under the
authority of Title II of the Clean Air Act (42 U.S.C. 7521 et seq.).
Under this Title, EPA is charged with issuing certificates of
conformity for those engines which comply with applicable emission
standards. Such a certificate must be issued before engines may be
legally introduced into commerce. Certification requirements for
nonroad compression-ignition engines and on-highway heavy duty engines
are set forth at 40 CFR Parts 86, 89, 94, 1039 and 1065. To apply for a
certificate of conformity, manufacturers are required to submit
descriptions of their planned production line, including detailed
descriptions of the emission control system and test data. This
information is organized by ``engine family'' groups expected to have
similar emission characteristics. Manufacturers must also comply with
requirements related to audits and other compliance assurance programs.
There are also recordkeeping and labeling requirements. Manufacturers
electing to participate in the Averaging, Banking and Trading (ABT)
Program are also required to submit information regarding the
calculation of projected and actual generation and usage of credits in
an initial report, end-of-year report and final report. These reports
are used for certification and enforcement purposes. Manufacturers need
to maintain records for eight years on the engine families
participating in the program.
    Burden Statement: The annual public reporting and recordkeeping
burden is estimated to average 2,112 hours. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements which have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
     Estimated total number of potential respondents: 68.
     Frequency of response: Annual and quarterly and on
occasion.
     Estimated total average number of responses for each
respondent: 15.
     Estimated total annual burden hours: 143,604.
     Estimated total annual costs: $13,978,203. This includes
an estimated burden cost of $5,484,884 for operation and maintenance
costs.

Are There Changes in the Estimates From the Last Approval?

    To date, there are no changes in the number of hours in the total
estimated respondent burden compared with that identified in the ICR
currently approved by OMB. However, EPA is still evaluating information
that may lead to a change in the estimates.

Docket ID Number: EPA-HQ-OAR-2007-1183

    Affected Entities: Entities potentially affected by these actions
are manufacturers of nonroad spark-ignition engines, equipment and
components.
    Title: Emissions Certification and Compliance Requirements for
Nonroad spark-ignition (SI) Engines.
    ICR Numbers: EPA ICR No. 1695.09, OMB Control No. 2060-0338.
    ICR Status: This ICR is currently scheduled to expire on March 31,
2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: This information collection is requested under the
authority of Title II of the Clean Air Act (42 U.S.C. 7521 et seq.).
Under this Title, EPA is charged with issuing certificates of
conformity for those engines which comply with applicable emission
standards. Such a certificate must be issued before engines may be
legally introduced into commerce. Certification requirements for spark-
ignition engines are set forth at 40 CFR Parts 90, 1048, 1051 and 1065.
To apply for a certificate of conformity, manufacturers are required to
submit descriptions of their planned production line, including
detailed descriptions of the emission control system, and test data.
This information is organized by ``engine family'' groups expected to
have similar emission characteristics. The emission values achieved
during certification testing are used in the ABT Program. The program
allows manufacturers to bank credits for engine families that emit
below the standard and use the credits for families that are above the
standard, or trade banked credits with other manufacturers.
Participation in the ABT program is voluntary. Manufacturers must also
comply with requirements related to audits and other compliance
assurance programs. There are also recordkeeping and labeling
requirements.
    Burden Statement: The annual public reporting and recordkeeping
burden is estimated to average 1,379 hours. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements which have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
     Estimated total number of potential respondents: 106.
     Frequency of response: Annual and quarterly and on
occasion.
     Estimated total average number of responses for each
respondent: 11.
     Estimated total annual burden hours: 81,331.
     Estimated total annual costs: $9,925,673. This includes an
estimated burden cost of $1,642,476 for operation and maintenance
costs.

Are There Changes in the Estimates From the Last Approval?

    To date, there are no changes in the number of hours in the total
estimated respondent burden compared with that identified in the ICR
currently approved

by OMB. However, EPA is still evaluating information that may lead to a
change in the estimates.

Docket ID Number: EPA-HQ-OAR-2007-1184

    Affected Entities: Entities potentially affected by these actions
are manufacturers and remanufacturers of locomotives and locomotive
engines.
    Title: Information Requirements for Locomotive and Locomotive
Engines.
    ICR Numbers: EPA ICR Number 1800.04, OMB Control Number 2060-0392.
    ICR Status: This ICR is currently scheduled to expire on May 31,
2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The Clean Air Act requires manufacturers and
remanufacturers of locomotives and locomotive engines to obtain a
certificate of conformity with applicable emission standards before
they may legally introduce their products into commerce. To apply for a
certificate of conformity, respondents are required to submit
descriptions of their planned production, including detailed
descriptions of emission control systems and test data. This
information is organized by ``engine family'' groups expected to have
similar emission characteristics and is submitted every year, at the
beginning of the model year. Respondents electing to participate in the
ABT Program are also required to submit information regarding the
calculation, actual generation, and usage of credits in quarterly
reports, and an end-of-the-year report. Under the Production-line
Testing (PLT) Program, manufacturers are required to test a sample of
engines as they leave the assembly line. The Installation Audit Program
requires remanufacturers to audit the installation of a sample of
remanufactured engines. These self-audit programs (collectively
referred to as the ``PLT Program'') allow manufacturers and
remanufacturers to monitor compliance with statistical certainty and
minimize the cost of correcting errors through early detection. Under
the In-use Testing Program, manufacturers and remanufacturers are
required to test locomotives after a number of years of use to verify
that they comply with emission standards throughout their useful lives.
There are recordkeeping requirements in all programs.
    Burden Statement: The annual public reporting and recordkeeping
burden associated with the certification program is estimated to
average 17,074 hours. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
     Estimated total number of potential respondents: 7.
     Frequency of response: Annual and quarterly and on
occasion.
     Estimated total average number of responses for each
respondent: 10.
     Estimated total annual burden hours: 17,074.
     Estimated total annual costs: $2,326,156. This includes an
estimated burden cost of $1,384,025 for operation and maintenance
costs.

Are There Changes in the Estimates From the Last Approval?

    To date, there are no changes in the number of hours in the total
estimated respondent burden compared with that identified in the ICR
currently approved by OMB. However, EPA is still evaluating information
that may lead to a change in the estimates.

What Is the Next Step in the Process for These ICRs?

    EPA will consider the comments received and amend the ICRs as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: January 9, 2008.
Karl Simon,
Director, Compliance and Innovative Strategies Division, Office of
Transportation and Air Quality, Office of Air and Radiation.
[FR Doc. E8-570 Filed 1-14-08; 8:45 am]

BILLING CODE 6560-50-P