[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12491-12493]
[FR Doc No: 2018-05537]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0208; FRL-9975-69--Region 7]

Approval of Implementation Plans; State of Iowa; Elements of the
Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National
Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve certain elements of Iowa's 2013 State Implementation
Plan (SIP) submission, and a 2017 amendment to that submission, for the
2010 Nitrogen Dioxide (NO2) National Ambient Air Quality
Standard (NAAQS). States are required to have a SIP that provides for
the implementation, maintenance, and enforcement of the NAAQS. Whenever
EPA promulgates a new or revised NAAQS, states are required to make a
SIP submission establishing that the existing approved SIP has
provisions necessary to address various requirements to address the new
or revised NAAQS or to add such provisions. These SIPs are commonly
referred to as ``infrastructure'' SIPs. The infrastructure requirements
are designed to ensure that the structural components of each state's
air quality management program are adequate to meet the state's
responsibilities under the CAA.

DATES: This final rule is effective on April 23, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0208. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of the SIP revisions been
met?
IV. EPA's response to comments
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Background

    EPA received Iowa's initial 2010 NO2 NAAQS
infrastructure SIP submission on July 29, 2013. On March 9, 2017, EPA
received a revised submission addressing the requirements of section
110(a)(2)(D)(i)(I). On September 20, 2017, EPA proposed to approve
elements of the 2010 NO2 NAAQS infrastructure SIP submission
from the State of Iowa. See 82 FR 43925. In conjunction with the
September 20, 2017, notice of proposed rulemaking (NPR), EPA issued a
direct final rule (DFR) approving the same elements of the 2010
NO2 NAAQS infrastructure SIP. See 82 FR 43836. However, in
the DFR, EPA stated that if EPA received adverse comments by October
20, 2017, the action would be withdrawn and not take effect. EPA
received three comments prior to the close of the comment period; one
in favor of the rulemaking, and two adverse. EPA withdrew the DFR on
November-17,2017. See 82 FR 54299. This action is a final rule based on
the NPR. A detailed discussion of Iowa's SIP revision and EPA's
rationale for approving the SIP revision were provided in the DFR and
the associated Technical Support Document in the docket and will not be
restated here, except to the extent relevant to our response to the
public comment we received.

II. What is being addressed in this document?

    EPA is approving certain elements of the 2010 NO2 NAAQS
infrastructure SIP submission from the State of Iowa received on July
29, 2013, and an amended SIP submission received on March 9, 2017.
Specifically, EPA is approving Iowa's submissions with regard to the
following elements of section 110(a)(2): (A), (B), (C), (D)(i)(I)--
significant contribution to nonattainment (prong 1), interfering with
maintenance of the NAAQS (prong 2) and (D)(i)(II)--prevent of
significant deterioration of air quality (prong 3), (D)(ii), (E)
through (H), and (J) through (M).
    EPA is not acting at this time on section 110(a)(2)(D)(i)(II)--
protection of visibility (prong 4), which Iowa addressed in the
infrastructure SIP submission for the 2010 NO2 NAAQS.

III. Have the requirements for approval of the SIP revisions been met?

    The state met the public notice requirements for SIP submissions in
accordance with 40 CFR 51.102. The state initiated public comment from
April 6, 2013, to May 8, 2013. One comment was received and adequately
addressed in the final SIP submission. The amended submission was
placed on public comment January 12, 2017, to February 15, 2017. No
comments were received. These submissions also satisfied the
completeness criteria of 40 CFR part 51, appendix V. In addition, as
explained above and in more detail in the technical support document
which is part of the docket for this rulemaking, the submissions met
the applicable substantive SIP requirements of the CAA, including
section 110 and implementing regulations.

IV. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened September
20, 2017, the date of its publication in the Federal Register, and
closed on October 20, 2017. During this period, EPA received three
public comments on the proposal to approve certain elements of Iowa's
2010 NO2 infrastructure SIP submission, one of which is
addressed below. The second comment was supportive of EPA's proposed
approval and the third was not specific to this action, which is
concerned with evaluating whether Iowa has the required elements in
place to implement, maintain, and enforce the NAAQS, and thus no
further response is required.
    Comment: The commenter stated that EPA must act on the visibility
portion of the state's submission (110(a)(2)(D)(II)--prong 4, and that
EPA does not have the discretionary authority to not act on a state's
submission. The commenter indicated that if EPA does not believe the
Regional Haze program is approvable, then EPA should disapprove the
state's plan.
    EPA's response: EPA disagrees with this comment. We are not
required to act on the prong 4 element of Iowa's 2010 NO2
infrastructure SIP submission in this particular rulemaking. Although
EPA agrees with the commenter that it has an obligation to take action
under section 110(k) on SIP submissions, we disagree with the argument
that the Agency cannot elect to act on individual parts or elements of
a state's infrastructure SIP submission in separate rulemakings, as it
deems appropriate. Section 110(k) of the CAA authorizes EPA to approve
a SIP submission in full, disapprove it in full, or approve it in part
and disapprove it in part, or conditionally approve it in full or in
part, depending on the extent to which such plan meets the requirements
of the CAA. This authority to approve state SIP submissions in
separable parts was included in the 1990 Amendments to the CAA to
overrule a decision in the Court of Appeals for the Ninth Circuit
holding that EPA could not approve individual measures in a SIP
submission without either approving or disapproving the plan as a
whole. See S. Rep. No. 101-228, at 22, 1990 U.S.C.C.A.N. 3385, 3408
(discussing the express overruling of Abramowitz v. EPA, 832 F.2d 1071
(9th Cir. 1987)).
    EPA interprets its authority under section 110(k) of the CAA as
affording the Agency the discretion to approve, disapprove, or
conditionally approve, individual elements of Iowa's infrastructure SIP
submission for the 2010 NO2 NAAQS. EPA views discrete
infrastructure SIP requirements, such as the requirements of
110(a)(2)(D)(i)(II), as severable from other infrastructure SIP
elements and interprets section 110(k) as allowing it to act on
individual severable elements or requirements in a SIP submission. In
short, EPA has the discretion under section 110(k) of the CAA to act
upon the various individual elements of a state's infrastructure SIP
submission, separately or together, as appropriate. EPA will address
the remaining element of Iowa's 2010 NO2 infrastructure SIP
submission in a separate rulemaking action or actions.
    With respect to Iowa's regional haze program, although EPA's
evaluation of prong 4 can be related to the status of such a
program,\1\ it is not relevant here because EPA is not taking action on
prong 4 in this rulemaking.
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    \1\ EPA's 2013 Guidance of Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2) provides that ``[o]ne way in which prong 4 may be
satisfied for any relevant NAAQS is through an air agency's
confirmation in its infrastructure SIP submission that it has an
approved regional haze SIP. . .'' 2013 Guidance at 33, https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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V. What action is EPA taking?

    EPA is taking final action to approve the following elements of
section 110(a)(2) contained in Iowa's 2013 and 2017 SIP submissions:
(A), (B), (C), (D)(i)(I)--significant contribution to nonattainment
(prong 1), interfering with maintenance of the NAAQS (prong 2) and
(D)(i)(II)--prevent significant deterioration of air quality (prong 3),
(D)(ii), (E) through (H), and (J) through (M). The March 1, 2017, SIP
amendment revised 110(a)(2)(D)(i)(I).
    EPA is not taking action on section 110(a)(2)(D)(i)(II), prong 4.
The agency will act on this element of the SIP submission in a separate
rulemaking action.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);

     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 21, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: March 7, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. Section 52.820 is amended by adding paragraph (e)(48) to read as
follows:

Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Iowa Nonregulatory SIP Provisions
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
            revision               nonattainment           date        EPA approval date        Explanation
                                        area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(48) Sections 110(a)(1) and (2)  Statewide........  7/23/2013, 3/1/    3/22/2018,         This action addresses
 Infrastructure Requirements                         2017.              [Insert Federal    the following CAA
 2010 Nitrogen Dioxide NAAQS.                                           Register           elements:
                                                                        citation].         110(a)(2)(A), (B),
                                                                                (C), (D)(i)(I) prongs
                                                                                1 and 2, D(i)(II)
                                                                                prong 3 only, D(ii),
                                                                                (E), (F), (G), (H),
                                                                                (J), (K), (L), and
                                                                                (M). [EPA-R07-OAR-
                                                                                2017-0208; FRL-9975-
                                                                                69--Region 7].
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[FR Doc. 2018-05537 Filed 3-21-18; 8:45 am]
BILLING CODE 6560-50-P


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Pilutti, T. & Ulsoy, A.G., ``Identification of Driver State for
Lane-Keeping Tasks: Experimental Results.'' Proceedings of the
American Control Conference, Albuquerque, NM, June 1997.
Sando, T., Mtoi, E., & Moses, R., ``Potential Causes of Driver
Fatigue: A Study on Transit Bus Operators in Florida,''
Transportation Research Board of the National Academies' 2011 90th
Annual Meeting, paper no. 11-3398, November 2010. FMCSA-2004-19608-
27618 [Sando (2010a)].
Sando, T., Angel, M., Mtoi, E., & Moses, R., ``Analysis of the
Relationship Between Operator Cumulative Driving Hours and
Involvement in Preventable Collisions,'' Transportation Research
Board of the National Academies' 2011 90th Annual Meeting, paper no.
11-4165, November 2010. FMCSA-2004-19608-27616 [Sando (2010b)].
Sivak, M., & Schoettle B., ``Toward Understanding the Recent Large
Reductions in U.S. Road Fatalities,'' UMTRI-2010-12, May 2010.
Retrieved June 15, 2010, from: http://deepblue.lib.umich.edu/bitstream/2027.42/71390/1/102304.pdf. FMCSA-2004-19608-28149.
Skipper, J.H., Wierwille, W., & Hardee, L., (1984). ``An
Investigation of Low Level Stimulus Induced Measures of Driver
Drowsiness,'' Virginia Polytechnic Institute and State University
(IEOR Department Report 8402), Blacksburg, VA, 1984.
Spiegel, K., Leproult, R., & Van Cauter, E., ``Impact of Sleep Debt
on Metabolic and Endocrine Function,'' The Lancet, Vol. 354, No.
9188, October 23, 1999, pp. 1435-1439. Abstract only: FMCSA-2004-
19608-0101.
Stein, A.C., ``Detecting Fatigued Drivers with Vehicle Simulators,''
Driver Impairment, Driver Fatigue and Driving Simulation, L.
Hartley, ed., Taylor & Francis, Bristol, PA, pp. 133-150, 1995.
Stephenson, B., ATA, email to Tom Yager, FMCSA, September 8, 2010.
FMCSA-2004-19608-4026.
Tucker, P., ``The Impact of Rest Breaks Upon Accident Risk, Fatigue
and Performance: A Review,'' Work & Stress, Vol. 17, No. 2, April-
June 2003, pp. 123-137.
U.S. Census Bureau, ``Truck Transportation, Messenger Services, and
Warehousing--NAICS 48/49: Estimated Revenues, Sources of Revenue,
and Expenses for Employer Firms,'' data tables 2.1 through 2.11,
2001 through 2009. Retrieved June 14, 2011, from: http://www2.census.gov/services/sas/data/48/2009_NAICS48.pdf,
(2009NAICS48).
U.S. Census Bureau, ``2007 NAICS [North American Industry
Classification System] Definitions 484 Truck Transportation,'' 2008.
FMCSA-2004-19608-4066.
U.S. Department of Agriculture, Economic Research Service, ``Food
Dollar Series: Food Dollar Applicaton.'' Retrieved April 13, 2011,
from: www.ers.usda.gov/DATA/FoodDollar/app.
Van Cauter, E., & Knutson, K., ``Sleep and the Epidemic of Obesity
in Children and Adults,'' European Journal of Endocrinology, Vol.
159, 2008, pp. S59-66. FMCSA-2004-19608-3991.
Van Dongen, H.P.A., Belenky, G., & Vila, B.J., ``The Efficacy of a
Restart Break for Recycling with Optimal Performance Depends
Critically on Circadian Timing,'' Sleep, Vol. 34, No. 7, July 1,
2011, pp. 917-929.
Van Dongen, H.P.A., & Belenky, G., ``Investigation into Motor
Carrier Practices to Achieve Optimal Commercial Motor Vehicle Driver
Performance: Phase I,'' December 2010. FMCSA-2004-19608-4120 [Van
Dongen (2010a)].
Van Dongen, H.P.A., & Dinges, D.F., ``Circadian Rhythms in
Sleepiness, Alertness, and Performance,'' Principles and Practice of
Sleep Medicine 4th Ed., M.H. Kryger, T. Roth, and W.C. Dement, eds.,
2005, pp. 435-443.
Van Dongen, H.P.A., Jackson, M.L., and Belenky, G., ``Duration of
Restart Period Needed to Recycle with Optimal Performance: Phase
II.'' FMCSA, December 2010. FMCSA-2004-19608-4121 [Van Dongen
(2010b)].
Van Dongen, H.P.A., Maislin, G., Mullington, J.M., & Dinges, D.F.,
``The Cumulative Cost of Additional Wakefulness: Dose-Response
Effects on Neurobehavioral Functions and Sleep Physiology from
Chronic Sleep Restriction and Total Sleep Deprivation,'' Sleep, Vol.
26, No. 2, March 15, 2003, pp. 117-126. FMCSA-2004-19608-2072 (and
3993).
Washington State University (WSU) Study, see Van Dongen, et al.,
December 2010 and July 2011.
Wiegand, D.M., Hanowski, R.J., & McDonald, S.E., ``Commercial
Drivers' Health: A Naturalistic Study of Body Mass Index, Fatigue,
and Involvement in Safety-Critical Events,'' Traffic Injury
Prevention, Vol. 10, No. 6, December 2009, pp. 573-579. FMCSA-2004-
19608-3994.
Zaloshnja, E., & Miller, T., ``Unit Costs of Medium and Heavy Truck
Crashes,'' March 2007. FMCSA 2004-19608-3995.

List of Subjects

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.

49 CFR Part 386

    Administrative practice and procedure, Brokers, Freight forwarders,

Hazardous materials transportation, Highway safety, Motor carriers,
Motor vehicle safety, Penalties.

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping
requirements.

    In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, parts 385, 386, 390, and 395 as set forth below:

PART 385--SAFETY FITNESS PROCEDURE

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

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350, Pub. L.
107-87; and 49 CFR 1.73.

0
2. Amend Appendix B to part 385, section VII, List of Acute and
Critical Regulations, as follows:
0
a. Revise the entries for Sec.  395.3(a)(1) and Sec.  395.3(a)(2);
0
b. Add entries for Sec.  395.3(a)(3)(i) and Sec.  395.3(a)(3)(ii), in
numerical order; and
0
c. Remove the entries for Sec.  395.3(c)(1) and Sec.  395.3(c)(2).

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *
    Sec.  395.3(a)(1) Requiring or permitting a property-carrying
commercial motor vehicle driver to drive without taking an off-duty
period of at least 10 consecutive hours prior to driving (critical).
    Sec.  395.3(a)(2) Requiring or permitting a property-carrying
commercial motor vehicle driver to drive after the end of the 14th
hour after coming on duty (critical).
    Sec.  395.3(a)(3)(i) Requiring or permitting a property-carrying
commercial motor vehicle driver to drive more than 11 hours
(critical).
    Sec.  395.3(a)(3)(ii) Requiring or permitting a property-
carrying commercial motor vehicle driver to drive if more than 8
hours have passed since the end of the driver's last off-duty or
sleeper-berth period of at least 30 minutes (critical).
* * * * *

PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT
PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS
PROCEEDINGS

0
3. The authority citation for part 386 continues to read as follows:

    Authority: 49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149,
311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49
U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767;
Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of
Pub. L. 109-59; and 49 CFR 1.45 and 1.73.

0
4. Amend Appendix B to part 386 by adding paragraph (a)(6) to read as
follows:

Appendix B to Part 386--Penalty Schedule; Violations and Monetary
Penalties

* * * * *
    (a) * * *
    (6) Egregious violations of driving-time limits in 49 CFR part
395. A driver who exceeds, and a motor carrier that requires or
permits a driver to exceed, by more than 3 hours the driving-time
limit in 49 CFR 395.3(a) or 395.5(a), as applicable, shall be deemed
to have committed an egregious driving-time limit violation. In
instances of an egregious driving-time violation, the Agency will
consider the ``gravity of the violation,'' for purposes of 49 U.S.C.
521(b)(2)(D), sufficient to warrant imposition of penalties up to
the maximum permitted by law.
* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
5. The authority citation for part 390 continues to read as follows:

    Authority:  49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678;
sec. 212 and 217, Pub. L. 106-159 (as transferred by sec. 4115 and
amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726,
1743-1744); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745 and 49
CFR 1.73.

0
6. Amend Sec.  390.23 by revising paragraph (c) to read as follows:

Sec.  390.23  Relief from regulations.

* * * * *
    (c) When the driver has been relieved of all duty and
responsibilities upon termination of direct assistance to a regional or
local emergency relief effort, no motor carrier shall permit or require
any driver used by it to drive nor shall any such driver drive in
commerce until the driver has met the requirements of Sec. Sec.
395.3(a) and (c) and 395.5(a) of this chapter.

PART 395--HOURS OF SERVICE OF DRIVERS

0
7. The authority citation for part 395 continues to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432. 122
Stat. 4860-4866; and 49 CFR 1.73.

0
8. Amend Sec.  395.1 as follows:
0
a. Revise the paragraph (b) heading and paragraph (b)(1) introductory
text;
0
b. Revise pargraph (d)(2);
0
c. Revise paragraphs (e)(1)(iv) and (e)(2);
0
d. Revise paragraphs (g)(1)and (g)(2)(ii); and
0
e. Revise paragraph (q).
    The revisions read as follows:

Sec.  395.1  Scope of rules in this part.

* * * * *
    (b) Driving conditions. (1) Adverse driving conditions. Except as
provided in paragraph (h)(2) of this section, a driver who encounters
adverse driving conditions, as defined in Sec.  395.2, and cannot,
because of those conditions, safely complete the run within the maximum
driving time permitted by Sec. Sec.  395.3(a) or 395.5(a) may drive and
be permitted or required to drive a commercial motor vehicle for not
more than 2 additional hours beyond the maximum time allowed under
Sec. Sec.  395.3(a) or 395.5(a) to complete that run or to reach a
place offering safety for the occupants of the commercial motor vehicle
and security for the commercial motor vehicle and its cargo.
* * * * *
    (d) * * *
    (2) In the case of specially trained drivers of commercial motor
vehicles that are specially constructed to service oil wells, on-duty
time shall not include waiting time at a natural gas or oil well site.
Such waiting time shall be recorded as ``off duty'' for purposes of
Sec. Sec.  395.8 and 395.15, with remarks or annotations to indicate
the specific off-duty periods that are waiting time, or on a separate
``waiting time'' line on the record of duty status to show that off-
duty time is also waiting time. Waiting time shall not be included in
calculating the 14-hour period in Sec.  395.3(a)(2). Specially trained
drivers of such commercial motor vehicles are not eligible to use the
provisions of Sec.  395.1(e)(1).
    (e) * * *
    (1) * * *
    (iv)(A) A property-carrying commercial motor vehicle driver does

not exceed the maximum driving time specified in Sec.  395.3(a)(3)
following 10 consecutive hours off duty; or
    (B) A passenger-carrying commercial motor vehicle driver does not
exceed 10 hours maximum driving time following 8 consecutive hours off
duty; and
* * * * *
    (2) Operators of property-carrying commercial motor vehicles not
requiring a commercial driver's license. Except as provided in this
paragraph, a driver is exempt from the requirements of Sec.
395.3(a)(2) and Sec.  395.8 and ineligible to use the provisions of
Sec.  395.1(e)(1), (g), and (o) if:
    (i) The driver operates a property-carrying commercial motor
vehicle for which a commercial driver's license is not required under
part 383 of this subchapter;
    (ii) The driver operates within a 150 air-mile radius of the
location where the driver reports to and is released from work, i.e.,
the normal work reporting location;
    (iii) The driver returns to the normal work reporting location at
the end of each duty tour;
    (iv) The driver does not drive:
    (A) After the 14th hour after coming on duty on 5 days of any
period of 7 consecutive days; and
    (B) After the 16th hour after coming on duty on 2 days of any
period of 7 consecutive days;
    (v) The motor carrier that employs the driver maintains and retains
for a period of 6 months accurate and true time records showing:
    (A) The time the driver reports for duty each day;
    (B) The total number of hours the driver is on duty each day;
    (C) The time the driver is released from duty each day;
    (D) The total time for the preceding 7 days in accordance with
Sec.  395.8(j)(2) for drivers used for the first time or
intermittently.
* * * * *
    (g) * * *
    (1) Property-carrying commercial motor vehicle. (i) In General. A
driver who operates a property-carrying commercial motor vehicle
equipped with a sleeper berth, as defined in Sec. Sec.  395.2 and
393.76 of this subchapter,
    (A) Must, before driving, accumulate
    (1) At least 10 consecutive hours off duty;
    (2) At least 10 consecutive hours of sleeper-berth time;
    (3) A combination of consecutive sleeper-berth and off-duty time
amounting to at least 10 hours; or
    (4) The equivalent of at least 10 consecutive hours off duty if the
driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of
this section;
    (B) May not drive more than the driving limit specified in Sec.
395.3(a)(3)(i) following one of the 10-hour off-duty periods specified
in paragraph (g)(1)(i)(A)(1) through (4) of this section. After June
30, 2013, however, driving is permitted only if 8 hours or fewer have
passed since the end of the driver's last off-duty break or sleeper-
berth period of at least 30 minutes; and
    (C) May not drive for more than the period specified in Sec.
395.3(a)(2) after coming on duty following one of the 10-hour off-duty
periods specified in paragraph (g)(1)(i)(A)(1)-(4) of this section; and
    (D) Must exclude from the calculation of the 14-hour period in
Sec.  395.3(a)(2) any sleeper-berth period of at least 8 but less than
10 consecutive hours.
    (ii) Specific requirements. The following rules apply in
determining compliance with paragraph (g)(1)(i) of this section:
    (A) The term ``equivalent of at least 10 consecutive hours off
duty'' means a period of
    (1) At least 8 but less than 10 consecutive hours in a sleeper
berth, and
    (2) A separate period of at least 2 but less than 10 consecutive
hours either in the sleeper berth or off duty, or any combination
thereof.
    (B) Calculation of the driving limit includes all driving time;
compliance must be re-calculated from the end of the first of the two
periods used to comply with paragraph (g)(1)(ii)(A) of this section.
    (C) Calculation of the 14-hour period in Sec.  395.3(a)(2) includes
all time except any sleeper-berth period of at least 8 but less than 10
consecutive hours and up to 2 hours riding in the passenger seat of a
property-carrying vehicle moving on the highway immediately before or
after a period of at least 8 but less than 10 consecutive hours in the
sleeper berth; compliance must be re-calculated from the end of the
first of the two periods used to comply with the requirements of
paragraph (g)(1)(ii)(A) of this section.
    (2) * * *
    (ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed the limit
specified in Sec.  395.3(a)(3);
* * * * *
    (q) Attendance on commercial motor vehicles containing Division
1.1, 1.2, or 1.3 explosives. Operators who are required by 49 CFR 397.5
to be in attendance on commercial motor vehicles containing Division
1.1, 1.2, or 1.3 explosives are on duty at all times while performing
attendance functions or any other work for a motor carrier. Operators
of commercial motor vehicles containing Division 1.1, 1.2, or 1.3
explosives subject to the requirements for a 30-minute rest break in
Sec.  395.3(a)(3)(ii) may use 30 minutes or more of attendance time to
meet the requirement for a rest break, providing they perform no other
work during the break. Such drivers must record the rest break as on-
duty time in their record of duty status with remarks or annotations to
indicate the specific on-duty periods that are used to meet the
requirement for break.
* * * * *

0
9. Amend Sec.  395.2 by revising the definition of ``on-duty time'' to
read as follows:

Sec.  395.2  Definitions.

* * * * *
    On-duty time means all time from the time a driver begins to work
or is required to be in readiness to work until the time the driver is
relieved from work and all responsibility for performing work. On-duty
time shall include:
    (1) All time at a plant, terminal, facility, or other property of a
motor carrier or shipper, or on any public property, waiting to be
dispatched, unless the driver has been relieved from duty by the motor
carrier;
    (2) All time inspecting, servicing, or conditioning any commercial
motor vehicle at any time;
    (3) All driving time as defined in the term driving time;
    (4) All time in or on a commercial motor vehicle, other than:
    (i) Time spent resting in or on a parked vehicle, except as
otherwise provided in Sec.  397.5 of this subchapter;
    (ii) Time spent resting in a sleeper berth; or
    (iii) Up to 2 hours riding in the passenger seat of a property-
carrying vehicle moving on the highway immediately before or after a
period of at least 8 consecutive hours in the sleeper berth;
    (5) All time loading or unloading a commercial motor vehicle,
supervising, or assisting in the loading or unloading, attending a
commercial motor vehicle being loaded or unloaded, remaining in
readiness to operate the commercial motor vehicle, or in giving or
receiving receipts for shipments loaded or unloaded;
    (6) All time repairing, obtaining assistance, or remaining in
attendance upon a disabled commercial motor vehicle;

    (7) All time spent providing a breath sample or urine specimen,
including travel time to and from the collection site, to comply with
the random, reasonable suspicion, post-crash, or follow-up testing
required by part 382 of this subchapter when directed by a motor
carrier;
    (8) Performing any other work in the capacity, employ, or service
of, a motor carrier; and
    (9) Performing any compensated work for a person who is not a motor
carrier.
* * * * *

0
10. Revise Sec.  395.3 to read as follows:

Sec.  395.3  Maximum driving time for property-carrying vehicles.

    (a) Except as otherwise provided in Sec.  395.1, no motor carrier
shall permit or require any driver used by it to drive a property-
carrying commercial motor vehicle, nor shall any such driver drive a
property-carrying commercial motor vehicle, regardless of the number of
motor carriers using the driver's services, unless the driver complies
with the following requirements:
    (1) Start of work shift. A driver may not drive without first
taking 10 consecutive hours off duty;
    (2) 14-hour period. A driver may drive only during a period of 14
consecutive hours after coming on duty following 10 consecutive hours
off duty. The driver may not drive after the end of the 14-consecutive-
hour period without first taking 10 consecutive hours off duty.
    (3) Driving time and rest breaks. (i) Driving time. A driver may
drive a total of 11 hours during the 14-hour period specified in
paragraph (a)(2) of this section.
    (ii) Rest breaks. After June 30, 2013, driving is not permitted if
more than 8 hours have passed since the end of the driver's last off-
duty or sleeper-berth period of at least 30 minutes.
    (b) No motor carrier shall permit or require a driver of a
property-carrying commercial motor vehicle to drive, nor shall any
driver drive a property-carrying commercial motor vehicle, regardless
of the number of motor carriers using the driver's services, for any
period after--
    (1) Having been on duty 60 hours in any period of 7 consecutive
days if the employing motor carrier does not operate commercial motor
vehicles every day of the week; or
    (2) Having been on duty 70 hours in any period of 8 consecutive
days if the employing motor carrier operates commercial motor vehicles
every day of the week.
    (c)(1) Through June 30, 2013, any period of 7 consecutive days may
end with the beginning of an off-duty period of 34 or more consecutive
hours. After June 30, 2013, any period of 7 consecutive days may end
with the beginning of an off-duty period of 34 or more consecutive
hours that includes two periods from 1 a.m. to 5 a.m.
    (2) Through June 30, 2013, any period of 8 consecutive days may end
with the beginning of an off-duty period of 34 or more consecutive
hours. After June 30, 2013, any period of 8 consecutive days may end
with the beginning of an off-duty period of 34 or more consecutive
hours that includes two periods from 1 a.m. to 5 a.m.
    (d) After June 30, 2013, a driver may not take an off-duty period
allowed by paragraph (c) of this section to restart the calculation of
60 hours in 7 consecutive days or 70 hours in 8 consecutive days until
168 or more consecutive hours have passed since the beginning of the
last such off-duty period. When a driver takes more than one off-duty
period of 34 or more consecutive hours within a period of 168
consecutive hours, he or she must indicate in the Remarks section of
the record of duty status which such off-duty period is being used to
restart the calculation of 60 hours in 7 consecutive days or 70 hours
in 8 consecutive days.

    Issued on: December 16, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-32696 Filed 12-23-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Proposed Rules]
[Pages 44000-44001]
[FR Doc No: 2015-18097]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0172; FRL-9931-08-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Electronic Reporting Consistent With the Cross Media
Electronic Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New Mexico. The revision pertains primarily

to electronic reporting and would require electronic reporting of
documents submitted for compliance with Clean Air Act (CAA)
requirements. The revision also includes other changes which are non-
substantive and primarily address updates to New Mexico Environment
Department (NMED) document viewing locations.

DATES: Written comments should be received on or before August 24,
2015.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct rule
without prior proposal because the Agency views this as
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no relevant adverse comments are received in response to this
action no further activity is contemplated. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.

    Dated: July 10, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-18097 Filed 7-23-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37929-37930]
[FR Doc No: 2020-13619]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2070-000]

Wheatridge Wind II, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Wheatridge
Wind II, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 8, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to

view and/or print the contents of this document via the internet
through the Commission's Home Page (http://ferc.gov) using the eLibrary
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: June 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13619 Filed 6-23-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Notices]
[Pages 19066-19067]
[FR Doc No: 2021-07386]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91483; File No. SR-OCC-2021-003]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change To Establish OCC's Persistent Minimum Skin-in-the-
Game

April 6, 2021.
    On February 10, 2021, the Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2021-003 (``Proposed Rule Change'')
pursuant to Section 19(b) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 \2\ thereunder to establish a
persistent minimum level of skin-in-the-game that OCC would contribute
to cover default losses or liquidity shortfalls.\3\ The Proposed Rule
Change was published for public comment in the Federal Register on
March 2, 2021.\4\ The Commission has received comments regarding the
proposal described in the Proposed Rule Change.\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Notice of Filing infra note 4, 86 FR at 12237.
    \4\ Securities Exchange Act Release No. 91199 (Feb. 24, 2021),
86 FR 12237 (Mar. 2, 2021) (File No. SR-OCC-2021-003) (``Notice of
Filing''). OCC also filed a related advance notice, SR-OCC-2021-801,
(``Advance Notice'') with the Commission pursuant to Section
806(e)(1) of Title VIII of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, entitled the Payment, Clearing, and
Settlement Supervision Act of 2010 and Rule 19b-4(n)(1)(i) under the
Exchange Act. 12 U.S.C. 5465(e)(1). 15 U.S.C. 78s(b)(1) and 17 CFR
240.19b-4, respectively. The Advance Notice was published in the
Federal Register on March 1, 2021. Securities Exchange Act Release
No. 91184 (Feb. 23, 2021), 86 FR 12057 (Mar. 1, 2021) (File No. SR-
OCC-2021-801).
    \5\ Comments on the Proposed Rule Change are available at
https://www.sec.gov/comments/sr-occ-2021-003/srocc2021003.htm.
    Since the proposal contained in the Proposed Rule Change was
also filed as an advance notice, all public comments received on the
proposal are considered regardless of whether the comments are
submitted on the Proposed Rule Change or the Advance Notice.
Comments on the Advance Notice are available at https://www.sec.gov/comments/sr-occ-2021-801/occ2021801.htm.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Exchange Act \6\ provides that, within 45
days of the publication of notice of the filing of a proposed rule
change, or within such longer period up to 90 days as the Commission
may designate if it finds such longer period to be appropriate and
publishes its reasons for so finding, or as to which the self-
regulatory organization consents, the Commission

shall either approve the proposed rule change, disapprove the proposed
rule change, or institute proceedings to determine whether the proposed
rule change should be disapproved. The 45th day after publication of
the Notice of Filing is April 16, 2021. The Commission is extending
this 45-day time period.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    In order to provide the Commission with sufficient time to consider
the Proposed Rule Change, the Commission finds that it is appropriate
to designate a longer period within which to take action on the
Proposed Rule Change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Exchange Act,\7\ designates May 31, 2021 as the date by which the
Commission shall either approve, disapprove, or institute proceedings
to determine whether to disapprove proposed rule change SR-OCC-2021-
003.
---------------------------------------------------------------------------

    \7\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07386 Filed 4-9-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33102-33105]
[FR Doc No: 2017-15089]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC17-9-000]

Commission Information Collection Activities (FERC-510, FERC-520,
FERC-561, and FERC-583); Comment Request

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is submitting its information collection [FERC-510 (Application
for Surrender of a Hydropower License), FERC-520 (Application for
Authority to Hold Interlocking Directorate Positions), FERC-561 (Annual
Report of Interlocking Positions), and FERC-583 (Annual Kilowatt
Generating Report (Annual Charges))] to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission previously issued a Notice in the Federal Register (82
FR 16191, 4/3/2017) requesting public comments. The Commission received
no comments on the FERC-510, the FERC-520, the FERC-561, or the FERC-
583 and is making this notation in its submittal to OMB.

DATES: Comments on the collection of information are due by August 18,
2017.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0068 (FERC-510), 1902-0083 (FERC-520), 1902-0099 (FERC-561), or
1902-0136 (FERC-583) should be sent via email to the Office of
Information and Regulatory Affairs<EMAIL_ADDRESS>Attention:
Federal Energy Regulatory Commission Desk Officer. The Desk Officer may
also be reached via telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC17-9-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

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

SUPPLEMENTARY INFORMATION:

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

FERC-510 [Application for Surrender of a Hydropower License]

    OMB Control No.: 1902-0068.
    Abstract: The information collected under the requirements of FERC-
510 is used by the Commission to implement the statutory provisions of
sections 4(e), 6 and 13 of the Federal Power Act (FPA) (16 U.S.C.
797(e), 799 and 806). Section 4(e) gives the Commission authority to
issue licenses for the purposes of constructing, operating and
maintaining dams, water conduits, reservoirs, powerhouses, transmission
lines or other power project works necessary or convenient for
developing and improving navigation, transmission and utilization of
power using bodies of water over which Congress has jurisdiction.
Section 6 gives the Commission the authority to prescribe the
conditions of licenses including the revocation or surrender of the
license. Section 13 defines the Commission's authority to delegate time
periods for when a license must be terminated if project construction
has not begun. Surrender of a license may be desired by a licensee when
a licensed project is retired or not constructed or natural
catastrophes have damaged or destroyed the project facilities.
    FERC-510 is the application for the surrender of a hydropower
license. The information is used by Commission staff to determine the
broad impact of such surrender. The Commission will issue a notice
soliciting comments from the public and other agencies and conduct a
careful review of the application before issuing an order for Surrender
of a License. The order is the result of an analysis of the information
produced (i.e., dam safety, public safety, and environmental concerns,
etc.), which is examined to determine whether any conditions must be
satisfied before granting the surrender. The order implements the
existing regulations and is inclusive for surrender of all types of
hydropower licenses issued by FERC and its predecessor, the Federal
Power Commission. The Commission implements these mandatory filing
requirements in the Code of Federal Regulations (CFR) under 18 CFR 6.1-
6.4.
    Type of Respondent: Private or Municipal Hydropower Licensees.
    Estimate of Annual Burden \1\: The Commission estimates the total
annual burden and cost \2\ for this information collection as follows:
---------------------------------------------------------------------------

    \1\ Burden is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For additional
information, refer to Title 5 Code of Federal Regulations 1320.3.
    \2\ The Commission staff thinks that the average respondent for
this collection is similarly situated to the Commission, in terms of
salary plus benefits. Based upon FERC's 2017 annual average of
$158,754 (for salary plus benefits), the average hourly cost is
$76.50/hour.

                                                    FERC-510
                               [Application for surrender of a hydropower license]
----------------------------------------------------------------------------------------------------------------
                    Annual number of                       Average burden      Total annual
    Number of        responses per     Total number of     and  cost per     burden hours and       Cost per
   respondents         respondent         responses           response      total annual cost    respondent ($)
(1)                             (2)    (1) * (2) = (3)                (4)    (3) * (4) = (5)          (5) / (1)
----------------------------------------------------------------------------------------------------------------
              14                  1                 14   80 hrs.; 3 $6,120       1,120 hrs.;             $6,120
                                                                                $85,680
----------------------------------------------------------------------------------------------------------------

FERC-520 [Application for Authority To Hold Interlocking Directorate
Positions]

    OMB Control No.: 1902-0083.
    Abstract: The Federal Power Act (FPA), as amended by the Public
Utility Regulatory Policies Act of 1978 (PURPA), mandates federal
oversight and approval of certain electric corporate activities to
ensure that neither public nor private interests are adversely
affected. Accordingly, the FPA proscribes related information filing
requirements to achieve this goal. Such filing requirements are found
in the Code of Federal Regulations (CFR), specifically in 18 CFR part
45, and serve as the basis for FERC-520.
---------------------------------------------------------------------------

    \3\ Based on additional information, we are revising the
estimated average burden per response to 80 hours (rather than 10
hours). The reporting requirements have not changed.
---------------------------------------------------------------------------

    FERC-520 is divided into two types of applications: Full and
informational. The full application, as specified in 18 CFR 45.8,
implements the FPA requirement under section 305(b) that it is unlawful
for any person to concurrently hold the positions of officer or
director of more than one public utility; or a public utility and a
financial institution that is authorized to underwrite or participate
in the marketing of public utility securities; or a public utility and
an electrical equipment supplier to that public utility, unless
authorized by order of the Commission. In order to obtain
authorization, an applicant must demonstrate that neither public nor
private interests will be adversely affected by the holding of the
position. The full application provides the Commission with information
about any interlocking position for which the applicant seeks
authorization including, but not limited to, a description of duties
and the estimated time devoted to the position.
    An informational application, specified in 18 CFR 45.9, allows an
applicant to receive automatic authorization for an interlocked
position upon receipt of the filing by the Commission. The
informational application applies only to those individuals who seek
authorization as: (1) An officer or director of two or more

public utilities where the same holding company owns, directly or
indirectly, that percentage of each utility's stock (of whatever class
or classes) which is required by each utility's by-laws to elect
directors; (2) an officer or director of two public utilities, if one
utility is owned, wholly or in part, by the other and, as its primary
business, owns or operates transmission or generation facilities to
provide transmission service or electric power for sale to its owners;
or (3) an officer or director of more than one public utility, if such
person is already authorized under part 45 to hold different positions
as officer or director of those utilities where the interlock involves
affiliated public utilities.
    Pursuant to 18 CFR 45.5, in the event that an applicant resigns or
withdraws from Commission-authorized interlocked positions or is not
re-elected or re-appointed to such interlocked positions, the
Commission requires that the applicant submit a notice of change within
30 days from the date of the change.
    Type of Respondents: Individuals who plan to concurrently become
officers or directors of public utilities and of certain other covered
entities must request authorization to hold such interlocking positions
by submitting a FERC-520.
    Estimate of Annual Burden \1\: The Commission estimates the total
annual burden and cost \2\ for this information collection as follows:

                                                                        FERC-520
                                         [Application for authority to hold interlocking directorate positions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual number                                              Total annual  burden      Cost per
                                          Number of     of responses    Total number    Average burden and cost    hours (Total Annual      respondent
                                         respondents   per respondent   of responses         per response                 Cost)                 ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full.................................              16               1              16  50 hrs.; $3,825.........  800 hrs.; $61,200......          $3,825
Informational........................             500               1             500  8 hrs.; $612............  4,000 hrs.; $306,000...            $612
Notice of Change.....................             200               1             200  0.25 hrs.; $19.13.......  50 hrs.; $3,825........          $19.13
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............  ..............  ........................  4,850 hrs.; $371,025...  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

FERC-561 [Annual Report of Interlocking Positions]

    OMB Control No.: 1902-0099
    Abstract: The FERC Form 561 responds to the FPA requirements for
annual reporting of similar types of positions which public utility
officers and directors hold with financial institutions, insurance
companies, utility equipment and fuel providers, and with any of an
electric utility's 20 largest purchasers of electric energy (i.e., the
20 entities with high expenditures of electricity). The FPA
specifically defines most of the information elements in the Form 561
including the information that must be filed, the required filers, the
directive to make the information available to the public, and the
filing deadline.
    The Commission uses the information required by 18 CFR 131.31 and
collected by the Form 561 to implement the FPA requirement that those
who are authorized to hold interlocked directorates annually disclose
all the interlocked positions held within the prior year. The Form 561
data identifies persons holding interlocking positions between public
utilities and other entities, allows the Commission to review these
interlocking positions, and allows identification of possible conflicts
of interest.
    Type of Respondents: Public utility officers and directors holding
financial positions, insurance companies, security underwriters,
electrical equipment suppliers, fuel provider, and any entity which is
controlled by these.
    Estimate of Annual Burden \1\: The Commission estimates the total
annual burden and cost \2\ for this information collection as follows:

                                                                      FERC Form 561
                                                        [Annual report of interlocking positions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Annual number
          Number of respondents              of responses   Total number of   Average burden and cost per    Total annual burden hours       Cost per
                                            per respondent     responses               response                and total annual cost      respondent ($)
(1)                                                   (2)   (1) * (2) = (3)  (4).........................  (3) * (4) = (5).............       (5) / (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2,700....................................               1            2,700   0.25 hrs.; $19.13...........  675.00 hrs.; $51,637.50.....          $19.13
--------------------------------------------------------------------------------------------------------------------------------------------------------

FERC-583 [Annual Kilowatt Generating Report (Annual Charges)]

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

Federal Regulations (CFR) under 18 CFR part 11.1 through 11.8.\4\
---------------------------------------------------------------------------

    \4\ As discussed in 18 CFR part 11, selected federal agencies
(such as the United States Fish and Wildlife Service and the
National Marine Fisheries Service) submit annual reports to the
Commission on their federal costs in administering part I of the
Federal Power Act. The filing requirements imposed on those federal
agencies are not collected for general statistical purposes and are
not a collection of information as defined by 5 CFR 1320.3(c)(3).
(The form and additional information on the information provided by
those agencies is posted at https://www.ferc.gov/docs-filing/forms.asp#ofa.)
---------------------------------------------------------------------------

    Type of Respondent: FERC-regulated private and public hydropower
licensees.
    Estimate of Annual Burden\1\: The Commission estimates the total
annual burden and cost \2\ for this information collection as follows:

                                   FERC-583, Annual Kilowatt Generating Report
                                                [Annual charges]
----------------------------------------------------------------------------------------------------------------
                    Annual number of                       Average burden      Total annual
    Number of        responses per     Total number of     and  cost per     burden hours and       Cost per
  respondents\5\       respondent         responses           response      total annual cost    respondent ($)
(1)                             (2)    (1) * (2) = (3)                (4)    (3) * (4) = (5)          (5) / (1)
----------------------------------------------------------------------------------------------------------------
             520                  1                520       2 hrs.; $153        1,040 hrs.;               $153
                                                                                $79,560
----------------------------------------------------------------------------------------------------------------

    Dated: July 12, 2017.
---------------------------------------------------------------------------

    \5\ Based on data from Fiscal Year 2016, there were 520 project,
owned by 242 FERC-regulted private and public licensees. Many of the
licensees owned multiple projects.
---------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.
[FR Doc. 2017-15089 Filed 7-18-17; 8:45 am]
 BILLING CODE 6717-01-P


  HYPERLINK
"http://www.sciencedaily.com/releases/2002/08/020812070617.htm"
http://www.sciencedaily.com/releases/2002/08/020812070617.htm

Science News

New System Uses Mine Waste To Generate Clean Power

ScienceDaily (Aug. 12, 2002) — August 8, 2002 -- New technology for
generating power from coal mining waste was launched by the Federal
Minister for Industry, Tourism and Resources, the Hon. Ian Macfarlane,
at CSIRO in Brisbane today.

The revolutionary technology has the potential to significantly reduce
greenhouse gases and bring big savings to mining companies operating
coal mines.

The CSIRO-Liquatech hybrid coal and gas turbine system unveiled at the
Queensland Centre for Advanced Technologies will generate electricity
from waste coal and gas that would otherwise have polluted the
atmosphere.

The method harnesses existing technologies in a 1.2 megawatt hybrid coal
and gas turbine system that burns waste coal and methane to generate
electricity which can either be used to power the mine's operations or
be returned to the grid for general consumption.

CSIRO and its partners have developed the system over three years as
part of a CSIRO research project targeting a 75 per cent reduction in
greenhouse gas emissions from coal mines over the next 20 years.

Funded by CSIRO, the Australian Coal Association Research Program
(ACARP), the NSW Sustainable Energy Development Authority (SEDA) and the
Brisbane-based Liquatech Turbine Company, the turbine-furnace technology
will be commercially demonstrated in NSW next year.

CSIRO project leader Patrick Glynn says the technology works by burning
methane and coal in a kiln to produce hot air which is then passed
through a specially adapted heat exchange unit to drive a gas turbine
which generates the electricity.

"Using a kiln coupled with an externally-fired gas turbine allows for a
simple but highly efficient system," Mr. Glynn says.  "It is
significantly cheaper and more efficient than steam-powered systems
because it does not require water treatment systems, condensers, cooling
towers or high-pressure fluid handling systems."

It is estimated that emissions from underground coal mines contribute
around 5.7 per cent of the total 6.7 per cent of Australia's total
annual greenhouse emissions attributed to coal mining operations.

"The scale of the problem can be gauged by the fact that each of
Australia's underground coal mines produces around 800,000 tonnes of
waste coal every year," Mr. Glynn says.  "As waste coal is a significant
cost for coal mines - accounting for up to eight per cent of their
budgets - by recycling the waste and returning it to the generating
system as power the new technology will potentially save the Australian
industry alone millions of dollars annually.  "The new turbine has the
potential not only to reduce fugitive emissions from coal mines but also
to significantly reduce existing greenhouse effects by displacing
hundreds of megawatts of electricity already in the power grid with
electricity fuelled by burnt methane which has seven times less
greenhouse potential," he says.