[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Notices]
[Page 5835]
[DOCID:fr31ja08-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-35-000]

PSEG Energy Resources & Trade, PSEG Fossil LLC, Cross Hudson LLC;
Notice of Filing

January 25, 2008.
    Take notice that on January 17, 2008, PSEG Energy Resources &
Trade, PSEG Fossil, LLC and Cross Hudson, LLC tendered for filing a
Petition for Declaratory Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 19, 2008.

 Kimberly D. Bose,
 Secretary.
[FR Doc. E8-1739 Filed 1-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Pages 46-48]
[FR Doc No: 2014-30771]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2014-0992; OMB Control Numbers 1625-(0013, 0094, 0096, 0097,
0101)]

Information Collection Request to Office of Management and Budget

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICRs) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting approval of a
revision to the following collections of information: 1625-0013, Plan
Approval and Records for Load Lines--Title 46 CFR Subchapter E; 1625-
0094, Ships Carrying Bulk Hazardous Liquids; 1625-0096, Report of Oil
or Hazardous Substance Discharge and Report of Suspicious Maritime
Activity; 1625-0097, Plan Approval and Records for Marine Engineering
Systems--Title 46 CFR Subchapter F; and 1625-0101, Periodic Gauging and
Engineering Analyses for Certain Tank Vessels over 30 Year Old. Our
ICRs describe the information we seek to collect from the public.
Before submitting these ICRs to OIRA, the Coast Guard is inviting
comments as described below.

DATES: Comments must reach the Coast Guard on or before March 3, 2014.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2014-0992] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT). To avoid duplicate
submissions, please use only one of the following means:
    (1) Online: http://www.regulations.gov.
    (2) Mail: DMF (M-30), DOT, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>. To ensure your comments are received in a
timely manner, mark the fax, to attention Desk Officer for the Coast
Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    Copies of the ICRs are available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, US COAST
GUARD, 2703 MARTIN LUTHER KING JR AVE SE STOP 7710, WASHINGTON DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Cheryl Collins, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether these ICRs should be
granted based on the Collections being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collections; (2) the accuracy of the estimated burden of the
Collections; (3) ways to enhance the quality, utility, and clarity of
information subject to the Collections; and (4) ways to minimize the
burden of the Collections on respondents, including the use of
automated collection techniques or other forms of information
technology. In response to your comments, we may revise these ICRs or
decide not to seek approval of revisions of the Collections. We will
consider all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2014-0992], and
must be received by March 3, 2014. We will post all comments received,
without change, to http://www.regulations.gov. They will include any
personal information you provide. We have an agreement with DOT to use
their DMF. Please see the ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number [USCG-
2014-0992], indicate the specific section of the document to which each
comment applies, providing a reason for each comment. You may submit
your comments and material online (via http://www.regulations.gov), by
fax, mail, or hand delivery, but please use only one of these means. If
you submit a comment online via www.regulations.gov, it will be
considered received by the Coast Guard when you successfully transmit
the comment. If you fax, hand deliver, or mail your comment, it will be
considered as having been received by the Coast Guard when it is
received at the DMF. We recommend you include your name, mailing
address, an email address, or other contact information in the body of
your document so that we can contact you if we have questions regarding
your submission.
    You may submit your comments and material by electronic means,
mail, fax, or delivery to the DMF at the address under ADDRESSES; but
please submit them by only one means. To submit your comment online, go
to http://www.regulations.gov, and type ``USCG-2014-0992'' in the
``Search'' box. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and will address them accordingly.
    Viewing comments and documents: To view comments, as well as
documents mentioned in this Notice as being available in the docket, go
to http://www.regulations.gov, click on the ``read comments'' box,
which will then become highlighted in blue. In the ``Search'' box
insert ``USCG-2014-0992'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. You may also visit the DMF in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of comments received in
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act statement
regarding Coast Guard public dockets in the January 17, 2008, issue of
the Federal Register (73 FR 3316).
    Information Collection Request.
    1. Title: Plan Approval and Records for Load Lines--Title 46 CFR
Subchapter E.
    OMB Control Number: 1625-0013.
    Summary: This information collection is required to ensure that
certain vessels are not overloaded--as evidenced by the submerging of
their assigned load line. In general, vessels over 150 gross tons or 24
meters (79 feet) in length engaged in commerce on international or
coastwise voyages by sea are required to obtain a Load Line
Certificate.
    Need: Title 46 U.S.C. 5101 to 5116 provides the Coast Guard with
the authority to enforce provisions of the International Load Line
Convention, 1966. Title 46 CFR chapter I, Subchapter E--Load Lines,
contain the relevant regulations.
    Forms: Not applicable.
    Respondents: Owners and operators of vessels.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has decreased from 1,761
hours to 907 hours a year due to a decrease in the estimated annual
number of respondents.
    2. Title: Ships Carrying Bulk Hazardous Liquids.
    OMB Control Number: 1625-0094.
    Summary: This information collection is needed to ensure the safe
transport of bulk hazardous liquids on chemical tank vessels and to
protect the environment from pollution.
    Need: Under 46 U.S.C. 3703, the Coast Guard is authorized to
prescribe regulations for protection against hazards to life, property,
navigation and vessel safety, and protection of the marine environment.
The regulations for the safe transport by vessel of certain bulk
dangerous cargoes are contained in 46 CFR part 153.
    Forms: CG-4602B, CG-5148, CG-5148A, CG-5148B, and CG-5461.
    Respondents: Owners and operators of chemical tank vessels.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has increased from 5,291
hours to 5,539 hours a year due to an increase in the estimated annual
number of respondents.
    3. Title: Report of Oil or Hazardous Substance Discharge and Report
of Suspicious Maritime Activity.
    OMB Control Number: 1625-0096.
    Summary: Any discharge of oil or a hazardous substance must be
reported to the National Response Center (NRC) so that the pre-
designated on-scene coordinator can be informed and appropriate spill
mitigation action carried out. The NRC also receives suspicious
activity reports from the public and disseminates this information to
appropriate entities.
    Need: Titles 33 CFR 153.203, 40 CFR 263.30 and 264.56, and 49 CFR
171.15 mandate that the NRC be the central place for the public to
report all pollution spills. Title 33 CFR 101.305 mandates that owners
or operators of those vessels or facilities are required to have
security plans, report activities

that may result in a Transportation Security Incident (TSI) or breaches
of security to the NRC. Voluntary reports are also accepted.
    Forms: Not applicable.
    Respondents: Persons-in-charge of a vessel or onshore/offshore
facility, owners or operators of vessels or facilities required to have
security plans, and the public.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has decreased from 12,098
hours to 3,275 hours a year due to a decrease in the estimated annual
number of responses.
    4. Title: Plan Approval and Records for Marine Engineering
Systems--46 CFR Subchapter F.
    OMB Control Number: 1625-0097.
    Summary: This collection of information requires an owner or
builder of a commercial vessel to submit to the U.S. Coast Guard for
review and approval, plans pertaining to marine engineering systems to
ensure that the vessel will meet regulatory standards.
    Need: Under 46 U.S.C. 3306, the Coast Guard is authorized to
prescribe vessel safety regulations including those related to marine
engineering systems. Title 46 CFR Subchapter F prescribes those
requirements. The rules provide the specifications, standards and
requirements for strength and adequacy of design, construction,
installation, inspection, and choice of materials for machinery,
boilers, pressure vessels, safety valves, and piping systems upon which
safety of life is dependent.
    Forms: Not applicable.
    Respondents: Owners and builders of commercial vessels.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has increased from 3,695
hours to 5,512 hours a year due to an increase in the estimated annual
number of responses.
    5. Title: Periodic Gauging and Engineering Analyses for Certain
Tank Vessels over 30 Years Old.
    OMB Control Number: 1625-0101.
    Summary: The Oil Pollution Act of 1990 required the issuance of
regulations related to the structural integrity of tank vessels,
including periodic gauging of the plating thickness of tank vessels
over 30 years old. This collection of information is used to verify the
structural integrity of older tank vessels.
    Need: Title 46 U.S.C. 3703 authorizes the Coast Guard to prescribe
regulations related to tank vessels, including design, construction,
alteration, repair, and maintenance. Title 46 CFR 31.10-21a prescribe
the regulations related to periodic gauging and engineering analyses of
certain tank vessels over 30 years old.
    Forms: Not applicable.
    Respondents: Owners and operators of certain tank vessels.
    Frequency: Every five years.
    Burden Estimate: The estimated burden has decreased from 7,946
hours to 5,278 hours a year due to a decrease in the estimated annual
number of respondents.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

     Dated: December 23, 2014.
Thomas P. Michelli,
U.S. Coast Guard, Chief Information Officer, Acting.
[FR Doc. 2014-30771 Filed 12-31-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Page 76453]
[FR Doc No: 2010-30755]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-9-000]

CAlifornians for Renewable Energy, Inc., (CARE), and Barbara
Durkin v. National Grid, Cape Wind, and the Massachusetts Department of
Public Utilities; Notice of Complaint

December 1, 2010.
    Take notice that on December 1, 2010, pursuant to the Federal Power
Act, 16 U.S.C. 824d, 824e, 825e, and 825h (2008) and Rule 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.206, (2010), CAlifornians for Renewable
Energy, Inc. (CARE) and Barbara Durkin (Complainants) filed a complaint
against National Grid, Cape Wind, and the Massachusetts Department of
Public Utilities (Collectively Respondents), alleging that the
Respondents are violating the Federal Power Act by approving a contract
for capacity and energy that exceeds the utilities' avoided cost cap
and which also usurps the Commission's exclusive jurisdiction to
determine the wholesale rates for electricity under its jurisdiction.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 22, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-30755 Filed 12-7-10; 8:45 am]
BILLING CODE 6717-01-P


facially neutral and national in scope; it is neither directed toward a
particular population, region, or community, nor is it expected to
adversely impact any particular population, region, or community. And
insofar as PHMSA expects the rulemaking would not adversely affect the
safe transportation of hazardous materials generally, PHMSA does not
expect the proposed revisions would entail disproportionately high
adverse risks for minority populations, low-income populations, or
other underserved and disadvantaged communities.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards--e.g., specification of
materials, test methods, or performance requirements--that are
developed or adopted by voluntary consensus standard bodies. This
rulemaking adopts the most current versions of multiple voluntary
consensus standards which are discussed at length in the discussion in
Sec.  171.7. See Section 171.7 of the Section-by-Section Review for
further details.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging, and containers, Reporting and
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad
safety.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive
materials,

Reporting and recordkeeping requirements.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.

    PHMSA proposes to amend 49 CFR Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
2. In Sec.  171.7 revise paragraphs (d) and (s)(1) to read as follows:

Sec.  171.7   Reference material.

* * * * *
    (d) American National Standards Institute, Inc., 25 West 43rd
Street, New York, NY 10036,<PHONE_NUMBER>, https://ansi.org.
    (1) ANSI/ASHRAE 15-94, Safety Code for Mechanical Refrigeration,
1944, into Sec. Sec.  173.306; 173.307.
    (2) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1971
Edition, into Sec.  173.420.
    (3) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1982
Edition, into Sec.  173.420.
    (4) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1987
Edition, into Sec.  173.420.
    (5) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1990
Edition, into Sec.  173.420.
    (6) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1995
Edition, into Sec.  173.420.
    (7) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2001
Edition, into Sec.  173.420.
    (8) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2012
Edition, into Sec.  173.420.
    (9) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2019
Edition, into Sec.  173.420.
* * * * *
    (s) * * *
    (1) IAEA Safety Standards for Protecting People and the
Environment; Regulations for the Safe Transport of Radioactive
Material; Specific Safety Requirements No. SSR-6 (Rev.1), (IAEA
Regulations), 2018 Edition, into Sec. Sec.  171.22; 171.23; 171.26;
173.403, 173.415; 173.416; 173.417; 173.435; 173.473.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
3. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
4. In Sec.  172.101, revising in paragraph (l) the ``Hazardous
Materials Table'' to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
    (l) * * *

Sec.  172.101  Hazardous Materials Table

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                (8)                      (9)                     (10)
                                                                                ------------------------------------------------------------------------------
                                                                                Packaging  (Sec.   173.***)        Quantity             Vessel stowage
                                                                                ------------------------------  limitations  (see  ---------------------------
                     Hazardous materials      Hazard                                    Label        Special                                     Sec.  Sec.   173.27
     Symbols       descriptions and proper   class or    Identification Nos.     PG     codes   provisions  (Sec.                                    and 175.75)
                        shipping names       division                                                 172.102)                   Non-           ---------------------
                                                                                Exceptions    bulk     Bulk   Passenger    Cargo        Location       Other
                                                                                aircraft/  aircraft
                                                                                rail      only
(1)                (2)....................         (3)  (4)                      (5)       (6)  (7)                      (8A)     (8B)     (8C)       (9A)      (9B)  (10A)                (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
                   Radioactive material,             7  UN2913                 .....         7  325, A56            421, 422,      427      427  .........  ........  A                       95
                    surface contaminated                                                                                428
                    objects (SCO-I or SCO-
                    II or SCO-III) non
                    fissile or fissile-
                    excepted.

                                                                                * * * * * * *
                   Radioactive material,             7  UN2978                 .....   7, 6.1,  .................         423      420      420  .........  ........  B                  40, 74,
                    uranium hexafluoride                                                     8                                                                                95,
                    non fissile or fissile-                                                                                132,
                    excepted.                                                                                151,
                                                                                153

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

0
5. In Sec.  172.102, in paragraph (c)(1) revise ``Special provision
139'' to read as follows:

Sec.  172.102   Special provisions.

* * * * *
Code/Special Provisions
* * * * *
    139 Use of the ``special arrangement'' proper shipping names for
international shipments must be made under an IAEA Certificate of
Competent Authority issued by the Associate Administrator in accordance
with the requirements in Sec. Sec.  173.471 or 173.473 of this
subchapter. Use of these proper shipping names for domestic shipments
may be made only under a

DOT special permit, as defined in and in accordance with, the
requirements of subpart B of part 107 of this subchapter.
* * * * *
0
6. In Sec.  172.203, revise paragraphs (d)(4) through (6) to read as
follows:

Sec.  172.203   Additional description requirements.

* * * * *
    (d) * * *
    (4) The category of label applied to each package or overpack in
the shipment. For example: ``RADIOACTIVE WHITE-I,'' or ``WHITE-I.''
    (5) The transport index assigned to each package or overpack in the
shipment bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III
labels.
    (6) For a package containing fissile Class 7 (radioactive)
material:
    (i) The words ``Fissile Excepted'' if the package is excepted
pursuant to Sec.  173.453 of this subchapter; or otherwise.
    (ii) The criticality safety index for the package and a list of the
fissile nuclides contained in the package.
* * * * *
0
7. In Sec.  172.310, revise paragraphs (b) and (e) to read as follows:

Sec.  172.310   Class 7 (radioactive) materials.

* * * * *
    (b) Each industrial, Type A, Type B(U), or Type B(M) package must
be legibly and durably marked on the outside of the packaging, in
letters at least 12 mm (0.47 in) high, with the words ``TYPE IP-1,''
``TYPE IP-2,'' ``TYPE IP-3,'' ``TYPE A,'' ``TYPE B(U),'' or ``TYPE
B(M),'' as appropriate. A package which does not conform to Type IP-1,
Type IP-2, Type IP-3, Type A, Type B(U), or Type B(M) requirements may
not be so marked. Any marking relating to the package type that does
not relate to the UN number and proper shipping name assigned to a
consignment shall be removed or covered prior to shipment.
* * * * *
    (e) Each Type B(U), Type B(M), or fissile material package destined
for export shipment must also be marked ``USA'' in conjunction with the
specification marking, or other package certificate identification.
(See Sec. Sec.  173.471 and 173.473 of this subchapter.)

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
8. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.

0
9. In Sec.  173.401, revise paragraph (b)(4) and add paragraph (6) to
read as follows:

Sec.  173.401   Scope.

* * * * *
    (b) * * *
    (4) Natural material and ores containing naturally occurring
radionuclides which may or may not have been processed, provided the
activity concentration of the material does not exceed 10 times the
exempt material activity concentration values specified in Sec.
173.436, or determined in accordance with the requirements of Sec.
173.433.
* * * * *
    (6) Class 7 (radioactive) material in or on a person who is to be
transported for medical treatment because the person has been subject
to accidental or deliberate intake of radioactive material or
contamination.
0
10. Amend Sec.  173.403 by:
0
a. Adding a definition for ``Dose rate'' in alphabetical order; and
0
b. Revising the definitions for ``Low Specific Activity (LSA)
materials'', ``Special form Class 7 (radioactive) material'', and
``Surface Contaminated Object (SCO)''.
    The additions and revisions read as follows:

Sec.  173.403   Definitions.

* * * * *
    Dose rate See the definition of Radiation level in this section.
* * * * *
    Low Specific Activity (LSA) material means Class 7 (radioactive)
material with limited specific activity which is not fissile material
or is excepted under Sec.  173.453, and which satisfies the
descriptions and limits set forth below. Shielding material surrounding
the LSA material may not be considered in determining the estimated
average specific activity of the LSA material. LSA material must be in
one of three groups:
    (1) LSA-I:
    (i) Uranium and thorium ores, concentrates of uranium and thorium
ores, and other ores containing naturally occurring radionuclides which
are intended to be processed for the use of these radionuclides; or
    (ii) Natural uranium, depleted uranium, natural thorium or their
compounds or mixtures, provided they are unirradiated and in solid or
liquid form; or
    (iii) Radioactive material for which the A2 value is
unlimited; or
    (iv) Other radioactive material in which the activity is
distributed throughout, and the estimated average specific activity
does not exceed 30 times the values for activity concentration
specified in Sec.  173.436 or calculated in accordance with Sec.
173.433, or 30 times the default values listed in Table 8 of Sec.
173.433.
    (2) LSA-II:
    (i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L);
or
    (ii) Other radioactive material in which the activity is
distributed throughout, and the average specific activity does not
exceed 10-4 A2/g for solids and gases, and
10-5 A2/g for liquids.
    (3) LSA-III. Solids (e.g., consolidated wastes, activated
materials, etc.), excluding powders, in which:
    (i) The radioactive material is distributed throughout a solid or a
collection of solid objects, or is essentially uniformly distributed in
a solid compact binding agent (such as concrete, bitumen, ceramic,
etc.); and
    (ii) The estimated average specific activity of the solid,
excluding any shielding material, does not exceed 2 x 10-3
A2/g.
* * * * *
    Special form Class 7 (radioactive) material means either an
indispersible solid radioactive material or a sealed capsule containing
radioactive material which satisfies the following conditions:
    (1) It is either a single solid piece or a sealed capsule
containing radioactive material that can be opened only by destroying
the capsule;
    (2) The piece or capsule has at least one dimension not less than 5
mm (0.2 in); and
    (3) It satisfies the test requirements of Sec.  173.469. Special
form encapsulations designed in accordance with the requirements of
Sec.  173.403 in effect from April 1, 1996 to [date one-day prior to
the effective date of the final rule] may continue to be used when in
compliance with a management system as required by IAEA Regulations
(incorporated by reference; see Sec.  171.7 of this subchapter)
paragraph 306. There shall be no new manufacture of special form
radioactive material to a design allowed by the regulations in effect
prior to October 1, 2004. No new manufacture of special form
radioactive material to a design allowed by the regulations in effect
from October 1, 2004 to [date one-day prior to the effective date of
the final rule] shall be permitted to commence after December 31, 2025.
Any other special form encapsulation must meet the requirements of this
paragraph (3).
* * * * *

    Surface Contaminated Object (SCO) means a solid object which is not
itself radioactive, but which has radioactive material distributed on
its surface. SCO shall be in one of three groups:
    (1) SCO-I: A solid object on which:
    (i) The non-fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 4 Bq/cm\2\ (10-4 microcurie/cm\2\) for beta and
gamma and low toxicity alpha emitters, or 0.4 Bq/cm\2\ (10-5
microcurie/cm\2\) for all other alpha emitters;
    (ii) The fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 4 x 10\4\ Bq/cm\2\ (1.0 microcurie/cm\2\) for beta and gamma
and low toxicity alpha emitters, or 4 x 10\3\ Bq/cm\2\ (0.1 microcurie/
cm\2\) for all other alpha emitters; and
    (iii) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm\2\ (or the area of the
surface if less than 300 cm\2\) does not exceed 4 x 10\4\ Bq/cm\2\ (1
microcurie/cm\2\) for beta and gamma and low toxicity alpha emitters,
or 4 x 10\3\ Bq/cm\2\ (0.1 microcurie/cm\2\) for all other alpha
emitters.
    (2) SCO-II: A solid object on which the limits for SCO-I are
exceeded and on which:
    (i) The non-fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 400 Bq/cm\2\ (10-2 microcurie/cm\2\) for beta and
gamma and low toxicity alpha emitters, or 40 Bq/cm\2\ (10-3
microcurie/cm\2\) for all other alpha emitters;
    (ii) The fixed contamination on the accessible surface averaged
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does
not exceed 8 x 10\5\ Bq/cm\2\ (20 microcurie/cm\2\) for beta and gamma
and low toxicity alpha emitters, or 8 x 10\4\ Bq/cm\2\ (2 microcuries/
cm\2\) for all other alpha emitters; and
    (iii) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm\2\ (or the area of the
surface if less than 300 cm\2\) does not exceed 8 x 10\5\ Bq/cm\2\ (20
microcuries/cm\2\) for beta and gamma and low toxicity alpha emitters,
or 8 x 10\4\ Bq/cm\2\ (2 microcuries/cm\2\) for all other alpha
emitters.
    (3) SCO-III: A large solid object which, because of its size,
cannot be transported in a type of package and for which:
    (i) All openings are sealed to prevent release of radioactive
material during conditions defined in Sec.  173.427(d) of this
subchapter;
    (ii) The inside of the object is as dry as practicable;
    (iii) The non-fixed contamination on the external surfaces do not
exceed the limits specified in Sec.  173.443 of this subchapter; and
    (iv) The non-fixed contamination plus the fixed contamination on
the inaccessible surface averaged over 300 cm\2\ does not exceed 8 x
10\5\ Bq/cm\2\ (21 microcurie/cm\2\) for beta and gamma emitters and
low toxicity alpha emitters, or 8 x 10\4\ Bq/cm\2\ (2 microcurie/cm\2\)
for all other alpha emitters.
* * * * *
0
11. In Sec.  173.410, revise paragraph (i)(3) and add paragraph (j) to
read as follows:

Sec.  173.410   General design requirements.

* * * * *
    (i) * * *
    (3) A package containing radioactive material must be capable of
withstanding, without loss or dispersal of radioactive contents from
the containment system, an internal pressure that produces a pressure
differential of not less than the maximum normal operating pressure
plus 95 kPa (13.8 psi).
    (j) The effect of aging mechanisms (e.g., corrosion, abrasion,
fatigue, crack propagation, changes of material compositions or
mechanical properties due to thermal loadings or radiation, generation
of decomposition gas, etc.) and their impact on the functions important
to safety is considered.
0
12. In Sec.  173.415, revise paragraphs (a)(1) and (2) to read as
follows:

Sec.  173.415   Authorized Type A packages.

* * * * *
    (a) * * *
    (1) A description of the package showing materials of construction,
dimensions, weight, closure, closure materials (including gaskets,
tape, etc.) of each item of the containment system, shielding, and
packing materials used in normal transportation; a description of the
authorized contents (including radionuclide(s), the radionuclide(s)
activity limits, the radionuclide(s) physical and chemical state, and
an indication if the content must be special form); and at least one of
the following:
    (i) If the packaging is subjected to the physical tests of Sec.
173.465--and if applicable, Sec.  173.466--documentation of testing
including: date; place of test; signature of testers; a description of
each test performed, including equipment used, and the damage to each
item of the containment system resulting from the tests; a description
of how the tested contents meet the requirements of Sec.
173.461(a)(1); and an analysis of how the test results demonstrate
compliance with Sec.  173.412(j) for the contents being shipped, or
    (ii) For any other demonstration of compliance with tests
authorized in Sec.  173.461, a detailed analysis which shows that, for
the contents being shipped, the package meets the pertinent design and
performance requirements for a DOT Specification 7A Type A package.
    (2) If the offeror has obtained the packaging from another person
who meets the definition of ``packaging manufacturer'' in Sec.
178.350(c) of this subchapter, a description of the authorized contents
(including radionuclide(s), the radionuclide(s) activity limits, the
radionuclide(s) physical and chemical state, and an indication of
whether the content must be special form) and a certification from the
packaging manufacturer that the package meets all of the requirements
of Sec. Sec.  173.403, 173.410, 173.412, 173.465, and, if applicable,
Sec.  173.466, for the radioactive contents presented for transport. If
requested by DOT, the offeror shall contact the packaging manufacturer
and have the packaging manufacturer provide DOT a copy of documents
maintained by the packaging manufacturer that meet the requirements of
paragraph (a)(1) of this section.
* * * * *
0
13. In Sec.  173.417, revise paragraph (a) to read as follows:

Sec.  173.417   Authorized fissile materials packages.

    (a) Except as provided in Sec.  173.453, fissile materials
containing not more than A1 or A2 as appropriate,
must be packaged in one of the following packagings:
    (1) For domestic shipments--
    (i) Any packaging listed in Sec.  173.415, limited to the Class 7
(radioactive) materials specified in 10 CFR part 71, subpart C; or
    (ii) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets
the applicable standards for fissile material packages in 10 CFR part
71.
    (2) For import or export shipments--
    (i) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets the
applicable requirements for fissile material packages in Section VI of
the International Atomic Energy Agency ``Regulations for the Safe
Transport of Radioactive Material, IAEA Regulations (incorporated by
reference, see Sec.  171.7 of this subchapter),'' and for which the
foreign Competent Authority certificate

has been revalidated by the U.S. Competent Authority, in accordance
with Sec.  173.473; or
    (ii) Packaging that meets the applicable standards for fissile
material packages in paragraph 674 of IAEA Regulations (incorporated by
reference, see Sec.  171.7 of this subchapter).
    (3) A residual ``heel'' of enriched solid uranium hexafluoride may
be transported without a protective overpack in any metal cylinder that
meets both the requirements of Sec. Sec.  173.415 and 178.350 of this
subchapter for Specification 7A Type A packaging, and the requirements
of Sec.  173.420 for packagings containing greater than 0.1 kg of
uranium hexafluoride. Any such shipment must be made in accordance with
Table 2, as follows:

                            Table 2--Allowable Content of Uranium Hexafluoride (UF6 ``Heel'' in a Specification 7A Cylinder)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Maximum cylinder diameter                       Cylinder volume          Maximum            Maximum ``Heel'' weight per cylinder
-------------------------------------------------------------------------------------  Uranium 235-  ---------------------------------------------------
                                                                                enrichment               UF6                   Uranium-235
                 Centimeters                      Inches       Liters     Cubic feet     (weight)    ---------------------------------------------------
                                                                                percent          kg           lb           kg           lb
--------------------------------------------------------------------------------------------------------------------------------------------------------
12.7.........................................            5          8.8        0.311           100.0        0.045          0.1        0.031         0.07
20.3.........................................            8         39.0        1.359            12.5        0.227          0.5        0.019         0.04
30.5.........................................           12         68.0        2.410             5.0        0.454          1.0        0.015         0.03
76.0.........................................           30        725.0        25.64             5.0         11.3         25.0        0.383         0.84
122.0........................................           48       3084.0    \1\ 108.9             4.5         22.7         50.0        0.690         1.52
122.0........................................           48       4041.0    \2\ 142.7             4.5         22.7         50.0        0.690         1.52
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 10 ton.
\2\ 14 ton.

* * * * *
0
14. In Sec.  173.420, revise paragraph (a)(2)(i) and add paragraph (f)
to read as follows:

Sec.  173.420   Uranium hexafluoride (fissile, fissile excepted, and
non-fissile).

    (a) * * *
    (2) * * *
    (i) American National Standards Institute (ANSI) N14.1
(incorporated by reference, see Sec.  171.7 of this subchapter) in
effect at the time the packaging was manufactured; or
* * * * *
    (f) Packagings containing 0.1 kg or more of non-fissile or fissile-
excepted uranium hexafluoride must meet the requirements of Sec.
173.477.
0
15. In Sec.  173.424, revise paragraph (h) to read as follows:

Sec.  173.424   Excepted packages for radioactive instruments and
articles.

* * * * *
    (h) The package does not contain fissile material unless excepted
by Sec.  173.453; and
* * * * *
0
16. Amend Sec.  173.427 by:
0
a. Revising paragraphs (a)(2) and (a)(6)(i);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f); and
0
c. Adding paragraph (d).
    The additions and revisions read as follows:

Sec.  173.427   Transport requirements for low specific activity (LSA)
Class 7 (radioactive) material and surface contaminated objects (SCO).

    (a) * * *
    (2) The quantity of LSA material and SCO-I and II transported in
any single conveyance may not exceed the limits specified in Table 5.
For SCO-III, the limits in Table 5 may be exceeded only if the SCO-III
is subject to a transport plan that contains precautions to be employed
during transport to obtain an overall level of safety at least
equivalent to that which would be provided if the limits had been
applied.
* * * * *
    (6) * * *
    (i) Except for SCO-III transported according to a transport plan,
shipments must be loaded by the consignor and unloaded by the consignee
from the conveyance or freight container in which originally loaded;
* * * * *
    (d) For SCO-III--
    (1) Transport shall be under exclusive use by road, rail, inland
waterway, or sea.
    (2) Stacking shall not be permitted.
    (3) All activities associated with the shipment, including
radiation protection, emergency response, and any special precautions
or special administrative or operational controls that are to be
employed during transport, shall be described in the transport plan.
The transport plan shall demonstrate that the overall level of safety
in transport is at least equivalent to that which would be provided if
the SCO-III had been subjected to the test required in Sec.
173.465(b), followed by the test required in Sec.  173.465(e). The
transport plan must also demonstrate that there would be no loss or
dispersal of the radioactive contents and no more than a 20% increase
in the maximum dose rate at any external surface of the object.
    (4) The requirements of Sec.  173.411(b)(2) for a Type IP-2 package
shall be satisfied, except that the maximum damage referred to in Sec.
173.465(c) may be determined based on provisions in the transport plan
and the requirements of Sec.  173.465(d) are not applicable.
    (5) The object and any shielding are secured to the conveyance in
accordance with Sec.  173.410(a).
    (6) The shipment shall be subject to approval by the Associate
Administrator, and each request for SCO-III shipment approval must be
submitted in writing to the Associate Administrator. An application for
approval of SCO-III shipments shall include:
    (i) A statement of the respects in which, and of the reasons why,
the consignment is considered SCO-III.
    (ii) Justification for choosing SCO-III by demonstrating that:
    (A) No suitable packaging currently exists.
    (B) Designing and/or constructing a packaging or segmenting the
object is not practically, technically, or economically feasible.
    (C) No other viable alternative exists.
    (iii) A detailed description of the proposed radioactive contents
with reference to their physical and chemical states and the nature of
the radiation emitted.
    (iv) A detailed statement of the design of the SCO-III, including
complete engineering drawings and schedules of materials and methods of
manufacture.
    (v) All information necessary to demonstrate that the requirements
of Sec.  173.427(d)(1)-(5) and the requirements

of Sec.  173.427(a)(2), if applicable, are satisfied.
    (vi) The transport plan.
    (vii) A specification of the applicable quality assurance program.
* * * * *
0
17. In Sec.  173.431, revise paragraph (b) to read as follows:

Sec.  173.431   Activity limits for Type A and Type B packages.

* * * * *
    (b) The limits on activity contained in a Type B(U) or Type B(M)
package are those prescribed in the applicable approval certificate
under Sec. Sec.  173.471 or 173.473.
0
18. In Sec.  173.433, add paragraph (i) to read as follows:

Sec.  173.433   Requirements for determining basic radionuclide values,
and for the listing of radionuclides on shipping papers and labels.

* * * * *
    (i) For instruments or articles in which the radioactive material
is enclosed in or included as a component part of the instrument or
article and which meets paragraph (e) of Sec.  173.424 of the
subchapter, alternative values to those in the table in 173.436 for the
activity limit for an exempt consignment may be used provided they are
first approved by the Associate Administrator, or, for international
transport, multilateral approval is obtained from the pertinent
Competent Authorities.
0
19. Amend Sec.  173.435, in the table by:
0
a. Adding entries for ``Ba-135m'', ``Ge-69'', ``Ir-193m'', ``Ni-57'',
``Sr-83'', ``Tb-149'' and ``Tb-161'' in alphanumeric order; and
0
b. Revising the entry for ``Rb(nat)''.
    The additions and revisions read as follows:

Sec.  173.435   Table of A1 and A2 values for
radionuclides.

    The table of A1 and A2 values for
radionuclides is as follows:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Specific activity
     Symbol of  radionuclide          Element and atomic          A1  (TBq)             A1  (Ci) \b\            A2  (TBq)           A2  (Ci) \b\     -------------------------------------------
                                            number                                                                                (TBq/g)               (Ci/g)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ADD

                                                                                * * * * * * *
Ba-135m..........................  .......................  2.0 x 10\1\..........  5.4 x 10\2\..........  6.0 x 10-\1\........  1.6 x 10\1\.........  3.0 x 10\4\.........  8.1 x 10\5\

                                                                                * * * * * * *
Ge-69............................  .......................  1.0 x 10\0\..........  2.7 x 10\1\..........  1.0 x 10\0\.........  2.7 x 10\1\.........  4.3 x 10\4\.........  1.2 x 10\6\

                                                                                * * * * * * *
Ir-193m..........................  .......................  4.0 x 10\1\..........  1.1 x 10\3\..........  4.0 x 10\0\.........  1.1 x 10\2\.........  2.4 x 10\3\.........  6.4 x 10\4\

                                                                                * * * * * * *
Ni-57............................  Nickel (28)............  6.0 x 10-\1\.........  1.6 x 10\1\..........  5.0 x 10-\1\........  1.4 x 10\1\.........  5.7 x 10\4\.........  1.5 x 10\6\

                                                                                * * * * * * *
Sr-83............................  .......................  1.0 x 10\0\..........  2.7 x 10\1\..........  1.0 x 10\0\.........  2.7 x 10\1\.........  4.3 x 10\4\.........  1.2 x 10\6\

                                                                                * * * * * * *
Tb-149...........................  Terbium (65)...........  8.0 x 10-\1\.........  2.2 x 10\1\..........  8.0 x 10-\1\........  2.2 x 10\1\.........  1.9 x 10\5\.........  5.1 x 10\6\

                                                                                * * * * * * *
Tb-161...........................  .......................  3.0 x 10\1\..........  8.1 x 10\2\..........  7.0 x 10-\1\........  1.9 x 10\1\.........  4.3 x 10\3\.........  1.2 x 10\5\

                                                                                * * * * * * *
REVISE

                                                                                * * * * * * *
Rb(nat)..........................  .......................  Unlimited............  Unlimited............  Unlimited...........  Unlimited...........  6.7 x 10-\10\.......  1.8 x 10-\8\

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

* * * * *
0
20. Amend Sec.  173.436, in the table by:
0
a. Adding entries for ``Ba-135m'','' Ge-69'', ``Ir-193m'', ``Ni-57'',
``Sr-83'', ``Tb-149'' and ``Tb-161'' in alphanumeric order; and
0
b. Revising the notes section after the table.
    The additions and revisions read as follows:

Sec.  173.436   Exempt material activity concentrations and exempt
consignment activity limits for radionuclides.

    The Table of Exempt material activity concentrations and exempt
consignment activity limits for radionuclides is as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Activity                Activity
                                    Element and  atomic      concentration for       concentration for      Activity limit for      Activity limit for
     Symbol of  radionuclide              number          exempt  material  (Bq/  exempt  material  (Ci/    exempt  consignment     exempt  consignment
                                                                    g)                      g)                     (Bq)                    (Ci)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ADD

                                                                      * * * * * * *
Ba-135m.........................  ......................  1.0 x 10\2\...........  2.7 x 10-\9\..........  1.0 x 10\6\...........  2.7 x 10-\5\

                                                                      * * * * * * *
Ge-69...........................  ......................  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\

                                                                      * * * * * * *
Ir-193m.........................  ......................  1.0 x 10\4\...........  2.7 x 10-\7\..........  1.0 x 10\7\...........  2.7 x 10-\4\

                                                                      * * * * * * *
Ni-57...........................  Nickel (28)...........  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\

                                                                      * * * * * * *
Sr-83...........................  ......................  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\

                                                                      * * * * * * *
Tb-149..........................  Terbium (65)..........  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\

                                                                      * * * * * * *
Tb-161..........................  ......................  1.0 x 10\3\...........  2.7 x 10-\8\..........  1.0 x 10\6\...........  2.7 x 10-\5\

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ [Reserved]
\b\ Parent nuclides and their progeny included in secular equilibrium are listed as follows:
Sr-90: Y-90
Zr-93: Nb-93m
Zr-97: Nb-97
Ru-106: Rh-106
Ag-108m: Ag-108
Cs-137: Ba-137m
Ce-144: Pr-144
Ba-140: La-140
Bi-212: Tl-208 (0.36), Po-212 (0.64)
Pb-210: Bi-210, Po-210
Pb-212: Bi-212, Tl-208 (0.36), Po-212 (0.64)
Rn-222: Po-218, Pb-214, Bi-214, Po-214
Ra-223: Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224: Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64),
Ra-226: Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Ra-228: Ac-228
Th-228: Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-229: Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
Th-nat*: Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-234: Pa-234m
U-230: Th-226, Ra-222, Rn-218, Po-214
U-232: Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
U-235: Th-231
U-238: Th-234, Pa-234m
U-nat*: Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Np-237: Pa-233
Am-242m: Am-242
Am-243: Np-239
* in the case of Th-natural, the parent nuclide is Th-232, in the case of U-natural the parent nuclide is U-238.
\c\ [Reserved]
\d\ These values apply only to compounds of uranium that take the chemical form of UF6, UO2F2 and UO2(NO3)2 in both normal and accident conditions of
  transport.
\e\ These values apply only to compounds of uranium that take the chemical form of UO3, UF4, UCl4 and hexavalent compounds in both normal and accident
  conditions of transport.
\f\ These values apply to all compounds of uranium other than those specified in notes (d) and (e) of this table.
\g\ These values apply to unirradiated uranium only.

0
21. In Sec.  173.443, revise paragraph (c) to read as follows:

Sec.  173.443   Contamination control.

* * * * *
    (c) Except as provided in paragraphs (a) and (d) of this section,
each conveyance, overpack, freight container, tank, or intermediate
bulk container used for transporting Class 7 (radioactive) materials as
an exclusive use shipment that utilizes the provisions of paragraph (b)
of this section, Sec.  173.427(b)(4), Sec.  173.427(c), or Sec.
173.427(d) must be surveyed with appropriate radiation detection
instruments after each exclusive use transport. Except as provided in
paragraphs (a) and (d) of this section, these items may not be returned
to Class 7 (radioactive) materials exclusive use transport service, and
then only for a subsequent exclusive use shipment utilizing one of the
above cited provisions, unless the radiation dose rate at each
accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less,
and there is no significant non-fixed surface contamination as
specified in paragraph (a) of this section. The requirements of this
paragraph do not address return to service of items outside of the
above cited provisions.
* * * * *
0
22. In Sec.  173.447, redesignate paragraph (b) as paragraph (c) and
add paragraph (b) to read as follows:

Sec.  173.447   Storage incident to transportation--general
requirements.

* * * * *
    (b) The number of packages, overpacks, and freight containers
containing Class 7 (radioactive) material being stored in transit in
any one storage area must be so limited that the total sum of the
transport indexes in any group of packages, overpacks, or freight
containers does not exceed 50. Groups of packages must be situated so
as to maintain a spacing of at least 6 m (20 ft) between the closest
surfaces of packages, overpacks, or freight containers from any two
groups.
* * * * *
0
23. In Sec.  173.448, revise paragraph (g)(2) to read as follows:

Sec.  173.448   General transportation requirements.

* * * * *
    (g) * * *
    (2) The overpack must be marked as prescribed in subpart D of part
172 of this subchapter and Sec.  173.25(a). Overpacks must be marked
with the consignor or consignee's name and address, unless the name and
address of the consignor or consignee of each package contained in the
overpack are visible; and
* * * * *
0
24. In Sec.  173.453, revise the introductory text and paragraph (d),
and add paragraphs (g) and (h) to read as follows:

Sec.  173.453   Fissile materials--exceptions.

    Fissile materials meeting the requirements of at least one of the
paragraphs (a) through (h) of this section are excepted from the
requirements of this subpart for fissile materials, including the
requirements of Sec. Sec.  173.457 and 173.459, but are subject to all
other requirements of this subpart, except as noted.
* * * * *
    (d) Uranium enriched in uranium-235 to a maximum of 1 percent by
weight, and with total plutonium and uranium-233 content of up to 1
percent of the mass of uranium-235, provided that the mass of any
beryllium, graphite, and hydrogenous material enriched in deuterium
constitutes less than 5 percent of the uranium mass, and that the
fissile material is distributed homogeneously and does not form a
lattice arrangement within the package.
* * * * *
    (g) Uranium with enrichment up to 5 percent by weight uranium-235,
up to 3.5 g uranium-235 per package.
    (h) Fissile material with no more than 140 grams fissile nuclides
shipped under exclusive use.
0
25. In Sec.  173.465, revise paragraph (c)(2) to read as follows:

Sec.  173.465   Type A packaging tests.

* * * * *
    (c) * * *
    (2) For packages containing fissile material, the free drop test
specified in paragraph (c)(1) of this section must be preceded by a
free drop from a height of 0.3 m (1 foot) on each corner, or in the
case of cylindrical packages, onto each of the quarters of each rim.
This free drop test applies only to fissile material rectangular
packages not exceeding 50 kg (110 lbs.) and fissile material
cylindrical packages not exceeding 100 kg (220 lbs.).
* * * * *

Sec.  173.468  [Removed and Reserved]

0
26. Remove and reserve Sec.  173.468.

Sec.  173.472   [Removed and Reserved]

0
27. Remove and reserve Sec.  173.472.
0
28. In Sec.  173.475, add paragraph (j) to read as follows:

Sec.  173.475   Quality control requirements prior to each shipment of
Class 7 (radioactive) materials.

* * * * *
    (j) For packages to be shipped after storage, all packaging
components and radioactive contents have been maintained during storage
in a manner such that all the requirements specified in the relevant
provisions of this subchapter and in the applicable certificates of
approval have been fulfilled.

PART 174--CARRIAGE BY RAIL

0
29. The authority citation for Part 174 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 33 U.S.C. 1321; 49 CFR 1.81 and
1.97.

0
30. In Sec.  174.750, revise paragraph (a) to read as follow:

Sec.  174.750   Incidents involving leakage.

    (a) In addition to the incident reporting requirements of
Sec. Sec.  171.15 and 171.16 of this subchapter, the carrier shall also
notify the offeror at the earliest practicable moment following any
incident in which there has been breakage, spillage, or suspected
radioactive contamination involving Class 7 (radioactive) materials
shipments. Transport vehicles, buildings, areas, or equipment in which
Class 7 (radioactive) materials have been spilled may not be again
placed in service or routinely occupied until the radiation dose rate
at every accessible surface is less than 0.005 mSv per hour (0.5 mrem
per hour) and there is no significant removable radioactive surface
contamination (see Sec.  173.443 of this subchapter). If it is evident
that a package of radioactive material or conveyance carrying
unpackaged radioactive material is leaking, or if it is suspected that
a package of radioactive material or conveyance carrying unpackaged
radioactive material may have leaked, the actions required by Sec.
173.443(e) of this subchapter must be taken.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
31. The authority citation for Part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.

0
32. In Sec.  175.705, revise paragraph (b) to read as follows:

Sec.  175.705   Radioactive contamination.

* * * * *
    (b) When contamination is present or suspected, the package
containing a Class 7 material, any loose Class 7 material, associated
packaging material, and any other materials that have been contaminated
must be segregated as far as practicable from personnel contact until
radiological advice or assistance is obtained from the U.S. Department
of Energy or appropriate State or local radiological authorities. If it
is evident that a package of radioactive material or conveyance
carrying unpackaged radioactive material, is leaking, or if it is
suspected that a package of radioactive material or conveyance carrying
unpackaged radioactive material, may have leaked, the actions required
by Sec.  173.443(e) of this subchapter must be taken.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
33. The authority citation for Part 176 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
34. Revise Sec.  176.715 to read as follows:

Sec.  176.715   Contamination control.

    Each hold, compartment, or deck area used for the transportation of
low specific activity or surface contaminated object Class 7
(radioactive) materials under exclusive use conditions in accordance
with Sec.  173.427(b)(4) or (c) must be surveyed with appropriate
radiation detection instruments after each use. Such holds,
compartments, and deck areas may not be used again for Class 7
(radioactive) materials exclusive use transport service, and then only
for a subsequent exclusive use

shipment utilizing the provisions of Sec.  173.427(b)(4) or (c) until
the radiation dose rate at every accessible surface is less than 0.005
mSv/h (0.5 mrem/h), and the non-fixed contamination is not greater than
the limits prescribed in Sec.  173.443(a) of this subchapter. If it is
evident that a package of radioactive material or conveyance carrying
unpackaged radioactive material, is leaking, or if it is suspected that
a package of radioactive material or conveyance carrying unpackaged
radioactive material, may have leaked, the actions required by Sec.
173.443(e) of this subchapter must be taken.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
35. The authority citation for Part 177 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311,
108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.

0
36. In Sec.  177.843, revise paragraph (c) to read as follows:

Sec.  177.843   Contamination of vehicles.

* * * * *
    (c) In case of fire, accident, breakage, or unusual delay involving
shipments of Class 7 (radioactive) material, see Sec. Sec.  171.15,
171.16, and 177.854 of this subchapter. If it is evident that a package
of radioactive material or conveyance carrying unpackaged radioactive
material, is leaking, or if it is suspected that a package of
radioactive material or conveyance carrying unpackaged radioactive
material, may have leaked, the actions required by Sec.  173.443(e) of
this subchapter must be taken.
* * * * *

    Issued in Washington, DC, on August 24, 2022, under authority
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2022-18605 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Page 1465]
[FR Doc No: 2022-00252]

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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-442, OMB Control No. 3235-0498]

Submission for OMB Review; Comment Request; Extension: Rule 17a-
12/Form X-17A-5 Part II

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 17a-
12 (17 CFR 240.17a-12) and Part II of Form X-17A-5 (17 CFR 249.617)
under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 17a-12 is the reporting rule tailored specifically for over-
the-counter (``OTC'') derivatives dealers registered with the
Commission, and Part II of Form X-17A-5, the Financial and Operational
Combined Uniform Single (``FOCUS'') Report, is the basic document for
reporting the financial and operational condition of OTC derivatives
dealers. Rule 17a-12 requires registered OTC derivatives dealers to
file Part II of the FOCUS Report quarterly. Rule 17a-12 also requires
that OTC derivatives dealers file audited financial statements
(``audited report'') annually.
    The reports required under Rule 17a-12 provide the Commission with
information used to monitor the operations of OTC derivatives dealers
and to enforce their compliance with the Commission's rules. These
reports also enable the Commission to review the business activities of
OTC derivatives dealers and to anticipate, where possible, how these
dealers may be affected by significant economic events.
    There are currently five registered OTC derivatives dealers. The
staff expects that three of those firms will register as Security-Based
Swap Dealers within the next three years and therefore will no longer
be subject to Rule 17a-12. Thus, only two OTC derivatives dealers will
be subject to the requirements of Rule 17a-12. The staff estimates that
the average amount of time necessary to prepare and file the quarterly
reports required by the rule is eighty hours per OTC derivatives dealer
\1\ per year and that the average amount of time to prepare and file
the annual audited report is 100 hours per OTC derivatives dealer per
year, for a total reporting burden of 180 hours per OTC derivatives
dealer annually. Thus the staff estimates that the total industry-wide
time burden to comply with the requirements of Rule 17a-12 is 360 hours
per year (180 x 2). The Commission estimates that the average annual
cost burden per OTC derivatives dealer for an independent public
accountant to examine the financial statements is approximately $46,300
per respondent. Thus, the total industry-wide annual cost burden is
approximately $92,600 ($46,300 x 2).
---------------------------------------------------------------------------

    \1\ Based upon an average of 4 responses per year and an average
of 20 hours spent preparing each response.
---------------------------------------------------------------------------

    The retention period for the recordkeeping requirement under Rule
17a-12 is not less than two years following the date the notice is
submitted. The recordkeeping requirement under this rule is mandatory
to assist the Commission in monitoring OTC derivatives dealers. This
rule does not involve the collection of confidential information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John R. Pezzullo, 100 F Street NE, Washington, DC 20549, or by
sending an email to: [email protected].

    Dated: January 5, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-00252 Filed 1-10-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69838-69839]
[FR Doc No: 2015-28747]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1658; Directorate Identifier 2015-NE-18-AD;
Amendment 39-18320; AD 2015-23-04]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
General Electric Company (GE) GEnx-1B turbofan engine models. This AD
was prompted by reports of GEnx-1B engine oil loss. This AD requires
removal and replacement of the non-conforming ball valve in the oil
filler cap. We are issuing this AD to prevent loss of engine oil, which
could lead to failure of one or more engines, loss of thrust control,
and damage to the airplane.

DATES: This AD is effective December 17, 2015.

ADDRESSES: For service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>You
may view this service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803. For
information on the availability of this material at the FAA, call 781-
238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1658; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Christopher McGuire, Aerospace
Engineer, Engine Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all GE GEnx-1B turbofan
engine models. The NPRM published in the Federal Register on June 17,
2015 (80 FR 34560). The NPRM was prompted by multiple reports of engine
oil loss and resultant flight plan diversions. The NPRM proposed to
require removal and replacement of the non-conforming ball valve in the
oil filler cap. We are issuing this AD to correct the unsafe condition
on these products.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 34560, June 17, 2015) and the FAA's response to each comment.

Support for the NPRM

    One individual commenter expressed support for the NPRM (80 FR
34560, June 17, 2015).

Request To Change Applicability

    American Airlines (American) requested that paragraph (c)
Applicability be changed. American stated that the part number and the
post-SB markings are located on the oil filler cap scupper not on the
oil filler cap itself. American indicated that this change would
improve clarity and accomplishment of the AD.

    We agree. We revised paragraph (c), Applicability, of this AD to
read: ``This AD applies to all General Electric Company (GE) GEnx-1B
model turbofan engines with oil filler cap, part number (P/N)
2349M62G01, installed, that do not contain any of the following
markings after the P/N on the oil filler cap scupper: ``P/M BALL PP,''
or ``RW,'' or ``79-0022.''

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD with the change described previously. We determined that this
change will not increase the economic burden on any operator or
increase the scope of this AD.

Related Service Information

    We reviewed GE GEnx-1B Service Bulletin (SB) No. 79-0022, Revision
1, dated May 13, 2015. The SB describes procedures for removing and
replacing the ball valve in the oil filler cap.

Costs of Compliance

    We estimate that this AD affects 86 engines installed on airplanes
of U.S. registry. We also estimate that it will take about 1 hour per
engine to comply with this AD. The average labor rate is $85 per hour.
Required parts cost about $11 per engine. Based on these figures, we
estimate the cost of the AD to U.S. operators to be $8,256.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-23-04 General Electric Company: Amendment 39-18320; Docket No.
FAA-2015-1658; Directorate Identifier 2015-NE-18-AD.

(a) Effective Date

    This AD is effective December 17, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all General Electric Company (GE) GEnx-1B
model turbofan engines with oil filler cap, part number (P/N)
2349M62G01, installed, that do not contain any of the following
markings after the P/N on the oil filler cap scupper: ``P/M BALL
PP,'' or ``RW,'' or ``79-0022.''

(d) Unsafe Condition

    This AD was prompted by reports of GEnx-1B engine oil loss. We
are issuing this AD to prevent loss of engine oil, which could lead
to failure of one or more engines, loss of thrust control, and
damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Within 360 cycles in service after the effective date of
this AD, remove the ball valve, P/N 2349M68P01, from the affected
oil filler cap and replace with a part eligible for installation.
    (2) Reserved.

(f) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(g) Related Information

    (1) For more information about this AD, contact Christopher
McGuire, Aerospace Engineer, Engine Certification Office, FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) GE GEnx-1B SB No. 79-0022, Revision 1, dated May 13, 2015,
which is not incorporated by reference in this AD, can be obtained
from GE using the contact information in paragraph (g)(3) of this
AD.
    (3) For service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on November 4, 2015.
Carlos Pestana,
Acting Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-28747 Filed 11-10-15; 8:45 am]
 BILLING CODE 4910-13-P


MEMORANDUM

DATE:		March 5, 2018
TO: 		Friction Products Manufacturing Risk and Technology Review Docket,
      Docket ID: EPA-HQ-OAR-2017-0358
SUBJECT:	Economic Impact Analysis for Friction Material Manufacturing Proposal

Overview
This regulatory action proposes to eliminate the startup, shutdown, and malfunction (SSM) exemption included in the 2002 Friction Products Manufacturing NESHAP, consistent with the United States Court of Appeals decision in Sierra Club v. EPA 551 F.3d 1019 (D.C. Cir. 2008).  Eliminating the SSM exemption and related requirements to implement a SSM plan will remove requirements for annual recordkeeping and reporting of SSM events.  This action also proposes additional deviation reporting in the existing semiannual compliance report.  We also estimate that prior to the first year of compliance industry will expend time reading the new rule.
Given these actions, we estimate this rule will result in a net cost savings to the industry as explained below. The equivalent annualized value (in 2016$) of these net cost savings over 2019 through 2027 is $6,461 per year when costs are discounted at a 7 percent rate, and $7,381 per year when costs are discounted at a 3 percent rate.

Impacts to Affected Entities
The proposed removal of the SSM exemption would result in the emissions standards in the rule applying at all times.  Based on discussions with affected entities, we believe facilities are already operating control technologies during all periods of operation and therefore would incur no costs associated with additional operation of controls.
We also propose to eliminate the requirement for the development of a SSM plan.  The 2002 NESHAP required this SSM plan to be developed by the compliance date of October 18, 2005, for existing sources and October 18, 2002, for new or reconstructed sources, with no requirement for updates to the plan.  Because there is no requirement for updates, no cost savings are estimated for the proposed removal of this provision requiring initial development of a plan.
All affected facilities are anticipated to experience a small cost savings associated with the proposed removal of recordkeeping and reporting requirements specific to SSM events.  Currently, facilities are required to maintain SSM records, as outlined under 40 CFR § 63.9545(a)(2), and report on SSM events under §§ 63.9540(b)(4), 63.9540(c), and 63.9540(d).
To estimate the cost savings associated with eliminating these annual recordkeeping and reporting requirements, information developed as part of the Information Collection Request (ICR) process as well as input from industry was consulted.[,]  Table 4 at the end of the document summarizes the 2014 ICR renewal burden estimates associated with the annual SSM reporting requirements that this action proposes to eliminate.  Industry input was utilized to estimate the burden associated with entering records of startup, shutdown, and malfunction.  These figures have been adjusted to reflect two responding facilities, and updated labor rates have also been used.
Labor rates were updated using the May 2016 National Occupational Employment and Wage Estimates for the United States.  Occupational code 51-8090 for miscellaneous plant and system operators was utilized to represent the rate for technical staff, code 11-1021 for general and operations managers was utilized for the managerial rate, and the clerical staff rate utilized occupational code 43-6010.
Table 1. Wage Rate by Labor Category. (2016$)

BLS Mean Wage Estimate
                                     +110%
Clerical
                                    $19.39
                                    $40.72
Managerial
                                    $58.70
                                    $123.27
Technical
                                    $30.65
                                    $64.37

Based on the burden estimate and these wage rates, the proposed removal of the recordkeeping and reporting requirements specific to startup, shutdown, and malfunction would result in a total annual cost savings of $7,400.
This regulatory action also proposes to require additional reporting in the semi-annual compliance report already required under this rule.  On any occasion where sources fail to meet an applicable standard it is proposed facilities report the number, date, time, duration, and cause of the emissions deviation (if known); as well as the affected source(s) or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions.  The ICR associated with this rulemaking was consulted to estimate the burden associated with this additional reporting.  Table 5 summarizes these calculations, resulting in an estimated annual cost of $43.
We have also estimated the one-time cost of a facility reading this rule and understanding its requirements, based on the ICR burden estimates associated with this rulemaking.  Given two affected entities will need to review this rule, a total of 9 technical hours, 0.45 management hours, and 0.9 clerical hours were allocated for reading, at a total cost of $671.  These calculations are summarized in Table 6 at the end of the document.
Present Value Analysis
In implementing Executive Order 13771 the Office of Management and Budget has requested agencies calculate the present value in 2016 of the costs or cost savings of an action using both 7 percent and 3 percent end-of-period discount rates.  OMB directs this present value be calculated over the full duration of the expected effects of the action.  For this proposed rule, an eight-year time period was selected as section 112 of the Clean Air Act requires standards to be reviewed every 8 years.  A 180-day compliance date is proposed, so compliance is projected to begin in 2019 as this rule is expected to be finalized by December 31, 2018.
Table 2 below shows the undiscounted stream of costs and costs savings per year, as well as their present values discounted to 2016. As seen in the table, we assume that the year before compliance begins industry will read the new regulation. Beginning in 2019, the first year of compliance, industry will incur an estimated $43 in additional costs related to deviation reporting, as described above.  Also in 2019 industry will no longer have to submit SSM reports, resulting in an annual cost savings of $7,400.
Table 2. Undiscounted Costs, Cost Savings and Present Value Analysis. (2016$)
Year
                                     Cost
                                 Cost Savings
                               Net Cost Savings
2018  -  Pre-compliance
                                     $671

                                     -$671
2019  -  Compliance Begins
                                      $43
                                     $7400
                                     $7358
2020
                                      $43
                                     $7400
                                     $7358
2021
                                      $43
                                     $7400
                                     $7358
2022
                                      $43
                                     $7400
                                     $7358
2023
                                      $43
                                     $7400
                                     $7358
2024
                                      $43
                                     $7400
                                     $7358
2025
                                      $43
                                     $7400
                                     $7358
2026
                                      $43
                                     $7400
                                     $7358
2027
                                      $43
                                     $7400
                                     $7358
2016 Present Value (7%)
                                     $774
                                    $39,358
                                    $38,583
2016 Present Value (3%)
                                     $918
                                    $52,730
                                    $51,813

Table 3 summarizes the present value in 2016 of the net cost savings, accounting for the additional compliance costs to industry, as well as the equivalent annualized values over the chosen 8-year time frame. The equivalent annualized value is the annualized present value of net cost savings. Note that the values in Table 3 are cost savings as the regulatory requirements proposed for removal are estimated to relieve more burden than the new requirements impose.
Table 3.  2016 Present Value of Net Cost Savings and Equivalent Annualized Values. (2016$)

                            2016 Present Value of
                               Net Cost Savings
                            Equivalent Annualized
                               Net Cost Savings
7% Discount Rate
                                    $38,583
                                    $6,461
3% Discount Rate
                                    $51,813
                                    $7,381

Small Business Impacts Analysis
This proposed rule will not affect any small businesses.  Additionally, this proposal would provide cost savings to industry by removing requirements under the current rule related to startup, shutdown, and malfunction.  An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities (SISNOSE) if the rule relieves regulatory burden, has no net burden, or otherwise has a positive economic effect on the small entities subject to the rule.  As this rule has no net burden, there is no significant impact on a substantial number of small entities.

Table 4.  Annual Cost Savings from Removal of Startup, Shutdown, and Malfunction Requirements. (2016$)
Burden Item
(A)
Person-Hours per Occurrence
(B)
No. of Occurrences per respondent per year
(C)
Hours per respondent per year
(=A*B)
(D)
Respondents per year
(E)
Technical Hours per year
(=C*D)
(F)
Management Hours per year
(=E*0.05)
(G)
Clerical Hours per year
(=E*0.1)
Cost
Startup, shutdown, malfunction report[(a)]
                                       8
                                       2
                                      16
                                      0.2
                                      3.2
                                     0.16
                                     0.32
                                     $239
Entering records of startup, shutdown, malfunction[(b)]
                                       8
                                       6
                                      48
                                       2
                                      96
                                      4.8
                                      9.6
                                    $7,162
Total Cost Savings

                                    $7,400
 The 2014 ICR estimate assumed that 10 percent of respondents will have a startup, shutdown, or malfunction occur that is not managed according to the regulation.  Given that there are 2 affected entities, this results in an estimate of 0.2 respondents per year.
 Assumes that information would be entered six times per year, requiring 8 person-hours each time.
Table 5.  Annual Costs Associated with Additional Deviation Reporting Requirements. (2016$)
Burden Item
(A)
Person-Hours per Occurrence
(B)
No. of Occurrences per respondent per year
(C)
Hours per respondent per year
(=A*B)
(D)
Respondents per year
(E)
Technical Hours per year
(=C*D)
(F)
Management Hours per year
(=E*0.05)
(G)
Clerical Hours per year
(=E*0.1)
Cost
Additional Req'ments in semiannual Report of Deviation[(a)]
                                       1
                                       2
                                       2
                                      0.3
                                      0.6
                                     0.03
                                     0.006
                                      $43
Total Cost

                                      $43
 The ICR estimates that 15 percent of respondents will report deviation.
Table 6.  One-Time Cost of Reviewing Revised Rule. (2016$)
Burden Item
(A)
Person-Hours per Occurrence
(B)
No. of Occurrences per respondent per year
(C)
Hours per respondent per year
(=A*B)
(D)
Respondents per year
(E)
Technical Hours per year
(=C*D)
(F)
Management Hours per year
(=E*0.05)
(G)
Clerical Hours per year
(=E*0.1)
Cost
Familiarize with requirements[(a)]
                                      4.5
                                       1
                                      4.5
                                       2
                                       9
                                     0.45
                                      0.9
                                     $671
Total Cost

                                     $671
  This estimate of the person-hours needed to read instructions is the total of the ICR estimate associated with this rulemaking.