[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23503-23506]
[FR Doc No: 2013-09213]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 107

[Docket No. PHMSA-2012-0185 (HM-208I)]
RIN 2137-AE95

Hazardous Materials; Temporary Reduction of Registration Fees

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

ACTION: Final rule.

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SUMMARY: The Federal hazardous materials transportation law requires
DOT to adjust the amount of the annual registration fee to account for
any unexpended balance in the Hazardous Materials Emergency
Preparedness (HMEP) Fund. Due to an unexpended balance that has
accumulated in the Fund, PHMSA is lowering the registration fees for
registration year 2013-2014 for all persons, as defined in PHMSA
regulations, that transport or offer for transportation in commerce
certain categories and quantities of hazardous materials. Specifically,
for registration year 2013-2014 the fee for a small business or not-
for-profit organization is revised to be $125 (plus a $25 processing
fee), and for all other businesses the fee is $1300 (plus a $25
processing fee). After the 2013-2014 registration year, the
registration fees will return to 2012-2013 registration year levels.
    Additionally, PHMSA is making an editorial change to its
regulations to clarify the appropriate fee amounts; there are no
substantive changes other than the addition of the fees for 2013-2014
and for 2014-2015 and later.
    In order to make the change effective for the 2013-2014
registration year and thus draw down the unexpended balance as soon as
possible, PHMSA is issuing this final rule without a prior notice of
proposed rulemaking in accordance with good cause exemption specified
in the Administrative Procedures Act. Additionally, for good cause this
final rule is effective immediately.

DATES: Effective date: April 19, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Outreach,
Training, and Grants Division (PHH-50),<PHONE_NUMBER>, or Ms. Deborah
Boothe, Standards and Rulemaking Division (PHH-10),<PHONE_NUMBER>,
PHMSA, East Building, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    The PHMSA Hazardous Materials (HM) Grants Program is designed to
enhance the training of the nation's emergency response personnel, and
to encourage the development of local emergency planning. The HM Grants
Program is comprised of three emergency preparedness grants: Hazardous
Materials Emergency Preparedness (HMEP) Grants, Supplemental Public
Sector Training (SPST) Grants, and Hazardous Materials Instructor
Training (HMIT) Grants. The program is funded by registration fees
collected from hazmat shippers and carriers that offer for
transportation or transport certain hazmat in intrastate, interstate,
or foreign commerce in accordance with 49 CFR part 107, Subpart G.
    These fees fund training and planning grants, monitoring and
technical assistance, curriculum development, and staffing costs.
Registration fees also fund the publication and distribution of the
Emergency Response Guidebook (ERG). Planning activities are integral to
the implementation of effective emergency preparedness programs.
Grantee planning activities are often focused on the identification and
assessment of hazmat transportation risks within their communities
(e.g., which commodities are shipped, the volume and frequency of those
shipments, availability of current emergency response plans, etc.).
Training at more advanced levels is essential to assure emergency
response personnel are capable of effectively and safely responding to
releases of hazardous materials. PHMSA requires the use of the NFPA
Standard 472, ``Standard for Competence of Responders to Hazardous
Materials/Weapons of Mass Destruction Incidents'', available at: http://www.nfpa.org, in the development of its PHMSA funded training
programs.
    In accordance with the ``Hazardous Materials Transportation Safety
and Security Reauthorization Act of 2005'' (Title VII of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act-A Legacy for
Users (SAFETEA-LU), Pub. L. 109-59, 119 Stat. 1144, August 10, 2005) an
obligation limitation of $28.3 million may be expended each year from
the HMEP Fund for the following purposes:
     $21,800,000 to make emergency response planning and
training grants to States and Indian tribes (of which at least 75% must
be used for planning and training at the local level), under 49 U.S.C.
5116(a) & (b) (HMEP Grants);
     Up to $4,000,000 to make grants to nonprofit hazardous
materials employee organizations to train instructors to train hazmat
employees and for the instructors to train the hazmat employees, under
49 U.S.C. 5107(c) (HMIT Grants);
     $1,000,000 to make grants to national nonprofit fire
service organizations to train instructors to provide hazardous
materials response training to emergency responders, under 49 U.S.C.
5116(j) (SPST Grants);
     $150,000 for monitoring emergency response planning and
training and coordinating assistance through the National Response Team
and Federal

Radiological Preparedness Coordinating Committee, under 49 U.S.C.
5116(f);
     $188,000 to develop and update a national curriculum for
training public sector emergency response and preparedness teams, under
49 U.S.C 5115;
     $625,000 to revise, publish, and distribute the Emergency
Response Guidebook, under 49 U.S.C. 5116(i)(3); and
     $555,000 for administrative expenses, under 49 U.S.C.
5116(i)(4).
    As specified in 49 CFR part 107, subpart G, PHMSA requires persons,
as defined in Sec.  171.8 of the Hazardous Materials Regulations (HMR;
49 CFR parts 171-180), that offer or transport certain types and
quantities of hazardous materials to file an annual registration
statement and pay a fee. Since 2010, the current annual registration
fee has been set at $250 (plus a $25 processing fee) for small
businesses, as defined by the Small Business Administration (SBA) size
standard, and for not-for-profit organizations under 26 U.S.C. 501(a),
and $2,575 (plus a $25 processing fee) for all other registrants. (See
49 CFR 107.612(a)).
    Three main factors influence both the amount of funds collected and
expended in a given year: (1) The number of persons that will register,
(2) the total amount of grants requested in applications and for which
funds will be obligated, and (3) the activities which will not be
actually completed so that funds will later be ``de-obligated.''

II. Statutory Requirement To Adjust Registration Fees

    The Federal hazardous materials transportation law (See 49 U.S.C.
5108(g)(2)(B)) requires the Secretary to adjust the amount of the
annual registration fee ``to reflect any unexpended balance in the
account'' of the HM grants program. During 2009 and 2010, evaluations
of the HM Grants Program were performed internally by PHMSA and by an
outside audit service.\1\ As a result of the findings, PHMSA
implemented a comprehensive plan that has established greater
accountability of operations, enhanced oversight of grantees, and
increased clarification of allowable program expenses, which has
encouraged grant applicants to better evaluate their own programs and
grant expenditures. In addition, PHMSA has taken a proactive approach
to more thoroughly explain the grant program and authorized
expenditures to the states and tribes. An intended outcome of this
effort is to increase the impact of PHMSA grant funding on local
community preparedness and decrease de-obligations.
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    \1\ Audit findings are available at the following URL: http://www.oig.dot.gov/library-item/5699.
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    As of December 31, 2012, the HMEP Grants Fund had an unexpended
balance of $13.1 million. The primary reason for the current unexpended
balance is due to an accumulation of HMEP grant de-obligations. An
initial result of PHMSA's effort to enhanced oversight of grantees has
been a reduction in the amount of grant funds actually utilized, as
grantees adjust to the changes, which has led to slightly higher than
usual de-obligations in recent years. As grantees revise and improve
their programs, PHMSA expects to realize a significant reduction in
grantee de-obligations. Based on PHMSA's calculations, cutting the fee
in half for one year should eliminate the unexpended balance. PHMSA's
calculations indicate that, with appropriate oversight, returning to
the current fee structure after the one year reduction is appropriate.
During the 2011-2012 registration year, PHMSA collected $26,487,806 in
registration fees, which is less than the $28,318,000 obligation
limitation from Congress.\2\ Under the reduced 2013-2014 rates, PHMSA
is assuming that roughly the same number of entities will register, so
the anticipated collections are roughly $13.4 million. This collection
combined with the unexpended balance of $13.1 million will fund the
program at or slightly below the obligation limitation level. This rule
is a one-year adjustment to the fees, but since the unexpended balance
accumulated for several reasons and over several years, PHMSA is
dedicated to: (1) working with grantees to more fully explain the HM
Grants Program and authorized expenditures in order to decrease de-
obligations to the maximum extent possible and (2) monitoring closely,
and considering additional actions, as needed, to account for any
future unexpended balance.
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    \2\ Registration statistics are available at the following URL:
http://phmsa.dot.gov/hazmat/library/data-stats/registration.
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III. Registration Program Amendments

    PHMSA's fundamental goals of the registration fee system are for
the system to be simple, straightforward, easily implemented, and
enforceable; employ an equity factor reflecting the differences in
level of risk to the public and the financial impact associated with
the business activities of large and small businesses; and ensure
adequate funding for the HM Grants Program (See 65 FR 7302-03). PHMSA
has determined adjusting the fee for all entities by an equal
proportion for registration year 2013-2014 is the best approach to meet
the fundamental goals of the registration fee system. To carry out
these goals and eliminate the unexpended balance in the HMEP Fund,
PHMSA is reducing the registration fee for the 2013-2014 registration
year (July 1, 2013-June 30, 2014) to:
     $125 (plus $25 processing fee) for a small businesses or
not-for-profit organizations; and
     $1300 (plus $25 processing fee) for all other businesses.
    These amounts represent a 50% reduction in the fee paid by a small
business or not-for-profit organization and all other business
categories. The one-year reductions are being applied to all
registrants at an equal rate because an accumulation of de-obligations
is the primary cause of the current unexpended balance in the HMEP
Fund.
    Additionally, PHMSA is making an editorial change to Sec.  107.612
to clarify the appropriate fee amounts; there are no substantive
changes other than the addition of the fees for 2013-2014 and for 2014-
2015 and later.
    The Administrative Procedure Act provides that notice of a proposed
rulemaking need not be published in the Federal Register ``when the
agency for good cause finds (and incorporates the finding and a brief
statement of the reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.'' (See 5 U.S.C. 553(b)(3)(B)). For the same
reasons, a final rule can become effective immediately (See 5 U.S.C.
553(d)). PHMSA has found that it is unnecessary to provide notice and
comment on the regulatory changes adopted in this rule as these
amendments limit PHMSA's discretion and simply account for statutory
requirements. In addition, it is impracticable to provide notice and
comment on the regulatory changes adopted in this rule, as doing so
would not permit these amendments to be effective and implemented for
the 2013-2014 registration year. Further, it is contrary to the public
interest to provide notice and comment because it potentially delays
relief to entities that are entitled by statute to lower registration
fees. Therefore, PHMSA is issuing this final rule without a prior
notice of proposed rulemaking and making it effective immediately.

IV. Multi-Year Registrations

    PHMSA permits a person to register for up to three years in one
registration statement. See 49 CFR 107.616(c).

PHMSA applies fees according to the fee structure ultimately
established by regulation for the registration year rather than
according to the fee set at the time of payment. Thus, the temporary
decrease in registration fees in this final rule means that lower fees
will be applied to any registrations paid in advance at the higher
levels in effect at the time of payment. PHMSA will notify each
registrant that will be eligible to request a refund for the 2013-2014
registration year and issue refunds.

V. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is issued under the authority of the Federal
hazardous materials transportation law (Federal hazmat law; 49 U.S.C.
5101 et seq.). Section 5108 of the Federal hazmat law authorizes the
Secretary of Transportation to establish a registration program to
collect fees to fund the HM Grants Program. The program, as mandated by
49 U.S.C. 5116, authorizes Federal financial and technical assistance
to states and Indian tribes to ``develop, improve, and carry out
emergency plans'' within the National Response System and the Emergency
Planning and Community Right-To-Know Act of 1986 (Title III), 42 U.S.C.
11001 et seq.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
subject to formal review by the Office of Management and Budget. This
rule is considered non-significant under the Regulatory Policies and
Procedures of the Department of Transportation. See 44 FR 11034.
    To address the unexpended balance in the HM Fund, PHMSA is
temporarily reducing registration fees for the 2013-2014 registration
year. After the 2013-2014 registration year, the registration fees will
return to 2012-2013 registration year levels. PHMSA will continue to
evaluate the registration fee structure and may issue further
regulations modifying the fee structure in the future pending the
results of this evaluation and our outreach efforts to reduce de-
obligations.
    The temporary reduction in registration fees adopted by the final
rule will amount to a one year, $13.2 million cost savings for
industry. A revised fee of $125 (plus a $25 processing fee) for small
businesses and not-for-profit organizations and $1300 (plus a $25
processing fee) for all other businesses, collected from 40,375
registrants (33,300 small businesses and not-for-profit organizations
and 7,075 other-than-small businesses) for the 2013-2014 registration
year will satisfy the statutory requirements. PHMSA considers this
reduction equitable, since all registrants subject to the registration
program would have their fee decreased by approximately 50 percent. A
regulatory evaluation for this rule is available for review in the
public docket.
    Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866 Regulatory Planning and Review of
September 30, 1993. In addition, Executive Order 13563 specifically
requires agencies to identify and consider regulatory approaches that
reduce burden and maintain flexibility; and modify and streamline,
existing regulations that are unclear. The regulatory approach adopted
in this rulemaking will reduce the burden and provide flexibility for
our stakeholders by offering a one year reduction of registration fees
as well as modifying and simplifying our regulatory text by adding an
easily understood fee table into the regulations.
    This final rule is designed to eliminate an unexpended balance
(surplus) in the HMEP Fund of approximately $13.1 million dollars by
reducing registration fees for all persons required to register for
registration year 2013-2014. This final rule reduces the registration
fee for the 2013-2014 registration year in accordance with Federal law
and makes editorial changes to the associated regulatory text. It does
not conflict with Executive Order 12866, Executive Order 13563, or DOT
Regulatory Policies and Procedures.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (Federalism). There is
no preemption of state fees on transporting hazardous materials that
meet the conditions of 49 U.S.C. 5125(f). This rule does not impose any
regulation having substantial direct effects on the states, the
relationship between the national government and the states, or the
distribution of power and responsibilities among the various levels of
government. Therefore, the consultation and funding requirements of
Executive Order 13132 do not apply.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments). Because this final rule
does not have adverse tribal implications and does not impose direct
compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply, and, a tribal summary impact
statement is not required.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze regulations and assess their impact on small
businesses and other small entities to determine whether the rule is
expected to have a significant impact on a substantial number of small
entities. The provisions of this rule apply specifically to all
businesses required to register. Therefore, PHMSA certifies this rule
would not have a significant economic impact on a substantial number of
small entities.

F. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more, in the aggregate, to any of the following:
state, local, or Native American tribal governments, or the private
sector.

G. Paperwork Reduction Act

    Under 49 U.S.C. 5108(i), the information management requirements of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) do not apply to
this final rule.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document may be used to cross-reference this action with the
Unified Agenda.

I. Environmental Impact Analysis

    The National Environmental Policy Act, of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on actions significantly affecting the quality of the

human environment. When developing potential regulatory requirements,
PHMSA evaluates those requirements to consider the environmental impact
of each amendment. Specifically, PHMSA evaluates the: risk of release
and resulting environmental impact; risk to human safety, including any
risk to first responders; longevity of the packaging; and if the
proposed regulation would be carried out in a defined geographic area,
the resources, especially any sensitive areas, and how they could be
impacted by any proposed regulations.
    There are no significant environmental impacts associated with this
final rule. This final rule reduces the registration fee for the 2013-
2014 registration year in accordance with Federal law and makes
editorial changes to the associated regulatory text.

J. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comments (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) which may be
viewed at http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the final rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is
consistent with E.O. 13609 and PHMSA's obligations.

List of Subjects in 49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

    In consideration of the foregoing, we amend 49 CFR part 107 as
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.81, 1.97.

0
2. Section 107.612 is revised to read as follows:

Sec.  107.612  Amount of fee.

    (a) For purposes of determining the applicable annual registration
fee specified in paragraph (b) of this section, the following
classification applies to each person required to register and pay a
registration fee:
    (1) Small business. A person that qualifies as a small business,
under criteria specified in 13 CFR part 121 applicable to the North
American Industry Classification System (NAICS) code that describes
that person's primary commercial activity.
    (2) Not-for-profit organization. An organization exempt from
taxation under 26 U.S.C. 501(a).
    (3) Other than a small business or not-for-profit organization.
Each person that does not meet the criteria specified in paragraph
(a)(1) or (a)(2) of this section.
    (b) Each person subject to the requirements of this subpart must
pay the processing fee specified in paragraph (c) of this section and
the annual registration fee set forth in the following table:

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                                                                                Other than small
                                                                              Not-for-profit   business or  not-
                   Registration year                       Small business      organization        for-profit
                                                                                organization
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2014-2015 and later....................................               $250               $250             $2,575
2013-2014..............................................                125                125              1,300
2012-2013, 2011-2012, 2010-2011........................                250                250              2,575
2009-2010, 2008-2009, 2007-2008, 2006-2007.............                250                250                975
2005-2006, 2004-2005, 2003-2004........................                125                125                275
2002-2003, 2001-2002, 2000-2001........................                275              (\1\)              1,975
1999-2000 and earlier..................................                250                250                250
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\1\ Fee appropriate for small or other than small business.

     (c) Each person submitting a registration statement must pay the
following processing fee in addition to the registration fees specified
in paragraph (b) of this section:
    (1) For registration years 2000-2001 and later, the processing fee
is $25 for each registration statement filed. A single statement may be
filed for one, two, or three registration years as provided in Sec.
107.616(c).
    (2) For registration years 1999-2000 and earlier, the processing
fee is $50 for each registration statement filed. A separate statement
must be filed for each registration year.

    Issued in Washington, DC, on April 15, 2013 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-09213 Filed 4-18-13; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: November 24, 2006 (Volume 71, Number 226)]
[Notices]
[Page 67859-67860]
[DOCID:fr24no06-46]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2006-0425; FRL-8247-6]

Agency Information Collection Activities: Submission to OMB for
Review and Approval; Comment Request; NSPS for Industrial-Commercial-
Institutional Steam Generating Units; EPA ICR Number 1088.11, OMB
Control Number 2060-0072

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. The ICR, which is abstracted below,
describes the nature of the information collection and its expected
burden and cost.

DATES: Additional comments may be submitted on or before December 26,
2006.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2006-0425, to (1) EPA online using http://www.regulations.gov (our preferred method) or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, Mail Code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: For questions about this ICR, contact
Zofia Kosim, Air Enforcement Division, Office of Civil Enforcement,
Mail Code 2242A, Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; phone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>Refer to
EPA ICR Number 1088.11.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 21, 2006 (71 FR 35652), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR for online viewing
at http://www.regulations.gov or in person viewing, docket ID number

EPA-HQ-OECA-2006-0425, which is available at the Enforcement and
Compliance Docket in the EPA Docket Center (EPA/DC), EPA West Building,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for
the Enforcement and Compliance Docket Room is<PHONE_NUMBER>.
    Use EPA's electronic docket and comments system at http://www.regulations.gov
 to submit or view public comments, access the index

listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified above. Please note that EPA's policy that public comments,
whether submitted electronically or in paper, will be made available
for public viewing at http://www.regulations.gov, as EPA receives them

and without change, unless the comment contains copyrighted material,
CBI, or other information whose public disclosure is restricted by
statute. For further information about the electronic docket, go to
http://www.regulations.gov.

    Title: NSPS for Industrial-Commercial-Institutional Steam
Generating Units.
    ICR Numbers: EPA ICR Number 1088.11, OMB Control Number 2060-0072.
    ICR Status: This is a request to renew an existing approved
collection that is scheduled to expire on November 30, 2006. Under the
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct, or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB number. The OMB control numbers for EPA's regulations in
title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register, or by other appropriate means,
such as on the related collection instrument or form, if applicable.
The display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The Environmental Protection Agency (EPA) is required
under section 111 of the Clean Air Act, as amended, to collect data.
The information will be used by Agency enforcement personnel to: (1)
Identify existing sources subject to these standards; (2) ensure that
the subject sources comply with the requirements; and (3) ensure that
the control device is properly operated and maintained on a continuous
basis. In addition, records and reports are necessary to enable the EPA
to identify boilers that may not be in compliance with these standards.
Based on reported information, the EPA can decide which boilers should
be inspected and what records or processes should be inspected at the
boiler. The records that operators maintain would indicate to the EPA
whether the personnel are operating and maintaining control equipment
properly. The types of data required are principally emissions data and
would not be confidential. If any information is submitted to the EPA
for which a claim of confidentiality is made, the information would be
safeguarded according to the Agency policies set forth in 40 CFR,
chapter 1, part 2, subpart B.
    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 number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9. The Federal Register document
required under 5 CFR 1320.8(d) for soliciting comments on this
collection of information was published on June 21, 2006. No comments
were received.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 200
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose, or provide information to, or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit, or otherwise disclose the
information.
    Respondents/Affected Entities: Owners or operators of fossil-fuel-
fired steam generating units.
    Estimated Number of Respondents: 1,230.
    Frequency of Response: Semiannually, quarterly for electronic.
    Estimated Total Annual Hour Burden: 591,389.
    Estimated Total Annual Cost: $59,384,435, which includes $9,000,000
annualized capital and $17,775,000 operation and maintenance costs.
    Changes in the Estimates: There is no change in the hours or cost
in the total estimated burden currently identified in the OMB Inventory
of Approved ICR Burdens.

    Dated: November 17, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6-19880 Filed 11-22-06; 8:45 am]

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[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22216-22217]
[FR Doc No: 2021-08678]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0180]

Cooperative Research and Development Agreement--Beyond Visual
Line of Sight (BVLOS) Technology for Coast Guard (CG) Unmanned Aircraft
System (UAS) Operations

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent; request for comments.

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SUMMARY: The Coast Guard announces its intent to enter into one or more
cooperative research and development agreements (CRADA) with companies
to evaluate a detect and avoid (DAA) system to determine its potential
use in a maritime environment to enable the Coast Guard to safely fly
sUAS beyond visual line of sight (BVLOS). The Coast Guard will conduct
flight testing and evaluations of sUAS under a wide variety of
simulated but realistic and relevant real-world maritime operational
scenarios, such as: Law enforcement; search and rescue; and maritime
environmental responses. The Coast Guard is currently considering
separate partnerships with Scientific Applications & Research
Associates (SARA) Inc., Iris Automation Inc., and Echodyne Corp. and
solicits public comment on the possible participation of other parties
in the proposed CRADAs, and the nature of that participation. The Coast
Guard also invites other potential non-Federal participants, who have
the interest and capability to bring similar contributions to this type
of research, to consider submitting proposals for consideration in
similar CRADAs.

DATES: Comments must reach the Coast Guard on or before May 27, 2021.
Synopses of proposals regarding future CRADAs must also reach the Coast
Guard on or before May 27, 2021.

ADDRESSES: Submit comments online at http://www.regulations.gov
following website instructions. Submit synopses of proposals regarding
future CRADAs to Mr. Steve Dunn at his address listed in the FOR
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or wish to submit proposals for future CRADAs, contact Mr. Steve Dunn,
Project Official, Aviation Branch, U.S. Coast Guard Research and
Development Center, 1 Chelsea Street, New London, CT 06320, telephone
860-271-2600, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We request public comments on this notice. Although we do not plan
to publish responses to comments in the Federal Register, we will
respond directly to commenters and may modify our proposal in light of
comments.
    Comments should be marked with docket number USCG-2021-0180 and
should provide a reason for each suggestion or recommendation. You
should provide personal contact information so that we can contact you
if we have questions regarding your comments; but please note that all
comments will be posted to the online docket without change and that
any personal information you include can be searchable online. For more
about privacy and the docket, visit http://www.regulations.gov/privacyNotice. We do accept anonymous comments.
    We encourage you to submit comments through the Federal Portal at
http://www.regulations.gov. If your material cannot be submitted using
http://www.regulations.gov, contact the Coast Guard (see FOR FURTHER
INFORMATION CONTACT). Documents mentioned in this notice and all public
comments, will be in our online docket at http://www.regulations.gov
and can be viewed by following that website's instructions.
Additionally, if you go to the online docket and sign up for email

alerts, you will be notified when comments are posted.
    Do not submit detailed proposals for future CRADAs to http://www.regulations.gov. Instead, submit them directly to the Coast Guard
(see FOR FURTHER INFORMATION CONTACT).

Discussion

    CRADAs are authorized under 15 U.S.C. 3710(a).\1\ A CRADA promotes
the transfer of technology to the private sector for commercial use, as
well as specified research or development efforts that are consistent
with the mission of the Federal parties to the CRADA. The Federal party
or parties agree with one or more non-Federal parties to share research
resources, but the Federal party does not contribute funding.
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    \1\ The statute confers this authority on the head of each
Federal agency. The Secretary of DHS's authority is delegated to the
Coast Guard and other DHS organizational elements by DHS Delegation
No. 0160.1, para. II.B.34.
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    CRADAs are not procurement contracts. Care is taken to ensure that
CRADAs are not used to circumvent the contracting process. CRADAs have
a specific purpose and should not be confused with procurement
contracts, grants, and other type of agreements.
    Under the proposed CRADAs, the Coast Guard's Research and
Development Center (RDC) will collaborate with one or more non-Federal
participants. Together, the RDC and the non-Federal participants will
evaluate detect and avoid (DAA) systems to determine their potential
for use in a maritime environment to safely fly sUAS beyond visual line
of sight (BVLOS).
    We anticipate that the Coast Guard's contributions under the
proposed CRADAs will include the following:
    (1) In conjunction with the non-Federal participant(s), develop the
demonstration test plan to be executed under the CRADA;
    (2) Provide the sUAS test range, test range support, facilities,
and all approvals required for a sUAS demonstration and assessment
under the CRADA;
    (3) Provide government available sUAS platforms and associated
equipment necessary to conduct the demonstration described in the
demonstration test plan;
    (4) Provide all required operators and technicians to conduct the
demonstration;
    (5) Conduct the privacy threshold analysis required for the
demonstration;
    (6) Conduct the privacy impact assessment required for the
demonstration;
    (7) Coordinate any required spectrum approval for the sUAS;
    (8) Coordinate and receive any required interim flight clearance
for the demonstration;
    (9) Provide any required airspace coordination and de-confliction
for the demonstration test plan;
    (10) Collaboratively collect and analyze demonstration test plan
data; and
    (11) Collaboratively develop a demonstration final report
documenting the methodologies, findings, conclusions, and
recommendations of this CRADA work.
    We anticipate that the non-Federal participants' contributions
under the proposed CRADAs will include the following:
    (1) Provide DAA system and all other equipment to conduct the
demonstration described in the demonstration test plan;
    (2) Provide all required operators and technicians to integrate DAA
in government sUAS platform and conduct the demonstration;
    (3) Provide technical data for the DAA to be utilized;
    (4) Provide shipment and delivery of all DAA equipment required for
the demonstration; and
    (5) Provide travel and associated personnel and other expenses as
required.
    (6) Provide documentation, analysis, graphical user interfaces, and
algorithms supporting future FAA DAA BVLOS authorizations.
    The Coast Guard reserves the right to select for CRADA participants
all, some, or no proposals submitted for this CRADA. The Coast Guard
will provide no funding for reimbursement of proposal development
costs. Proposals and any other material submitted in response to this
notice will not be returned. Proposals submitted are expected to be
unclassified and have no more than five single-sided pages (excluding
cover page, DD 1494, JF-12, etc.). The Coast Guard will select
proposals at its sole discretion on the basis of:
    (1) How well they communicate an understanding of, and ability to
meet, the proposed CRADA's goal; and
    (2) How well they address the following criteria:
    (a) Technical capability to support the non-Federal party
contributions described; and
    (b) Resources available for supporting the non-Federal party
contributions described.
    Currently, the Coast Guard is considering the above named companies
for participation in separate CRADAs, because they have a solution in
place for providing detect and avoid capabilities for UAS. However, we
do not wish to exclude other viable participants from this or future
similar CRADAs.
    This is a technology demonstration effort to evaluate and assess
ship/ground-based technologies which support BVLOS UAS operations. The
goal of these CRADAs is to identify and investigate the potential of
the sUAS and their airborne sensors to determine their potential use in
a maritime environment by the first responder and the DHS operational
components. Special consideration will be given to small business
firms/consortia, and preference will be given to business units located
in the U.S.
    This notice is issued under the authority of 5 U.S.C. 552(a) and 15
U.S.C. 3710(a).

    Dated: April 20, 2021.
Captain Daniel P. Keane,
USCG, Commanding Officer, U.S. Coast Guard Research and Development
Center.
[FR Doc. 2021-08678 Filed 4-26-21; 8:45 am]
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