MEMORANDUM

DATE:09/19/2014
FROM: 		Laura Farris/EPA Region 8
TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602
SUBJECT:	Montana PSC Conference Call held on 09/19/2014

SUMMARY:
At the request of Travis Kavulla, Commissioner, Montana Public Service Commission (PSC), staff from EPA Headquarters, EPA Region 8, and EPA Region 9 participated in a conference call with the Montana PSC and others on EPA's use of the integrated planning model (IPM) for the Clean Power Plan on 09/19/2014. The Clean Power Plan was proposed on June 2, 2014.

ATTENDEES:

EPA Headquarters
Gabrielle Stevens, Bill Meroney, Brian Fisher, Reid Harvey, Mikhail Adamantiades, Jeb Stenhouse, Jeremy Mark

EPA Region 8
Laura Farris

EPA Region 9
Ben Machol

External Stakeholders
Commissioner, Travis Kavulla, Margo Schurman and Bob Decker, Montana PSC
Peter Ashcroft, Utah Office of Energy Development
Keegan Moyer, Western Electricity Coordinating Council
Tom Carr and Alaine Ginocchio, Western Interstate Energy Board
Karen Griffin, Grace Anderson, and Angela Tanghetti, California Energy Commission
Ed Stoneburg, Arizona Corporation Commission

Questions Discussed
(1) We've heard from RTOs some criticism of the deficiency of IPM as a hub-and-spoke model that doesn't accurately represent regions but instead uses NERC regions, which do not represent current market footprints. Could IPM explain how it defines regions and uses them in its model?
(2) A fuller explanation of what it is meant to be a 'hub-and-spoke' model
(3) A description of how transmission is modeled, or could be modeled/assumed as a supplement to modeling results. (On this point, thinking of the utilization, load-duration, and power flow studies that certain NERC designated Regional Entities engage in.)
(4) A description of the source data for cost analysis.
(5) What is the time-period granularity of the model (some software represents dispatch on an hourly basis, others on an intra-hourly basis)
(6) How does the model incorporate, if at all, stochasticity and the quantification of uncertainty as users are asked to feed in assumptions to populate the model.


[Federal Register: June 11, 2010 (Volume 75, Number 112)]
[Notices]
[Page 33299]
[DOCID:fr11jn10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-446-000]

Florida Gas Transmission Company, LLC; Notice of Request Under
Blanket Authorization

June 4, 2010.
    Take notice that on May 28, 2010, Florida Gas Transmission Company,
LLC (FGT), 5444 Westheimer Road, Houston, Texas 77056, filed a prior
notice request pursuant to sections 157.205, 157.208, and 157.211 of
the Commission's regulations under the Natural Gas Act (NGA) for
authorization to construct, own, and operate approximately 5.37 miles
of 12-inch diameter natural gas pipeline looping of FGT's existing 18-
inch Mainline Pipeline (Mainline), all as more fully set forth in the
application, which is on file with the Commission and open to public
inspection. The filing may also be viewed on the Web at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, FGT proposes to construct, own, and operate
approximately 5.37 miles of 12-inch diameter natural gas pipeline,
associated metering and regulating facilities, and auxiliary
facilities, all of which are located in Miami-Dade County, Florida. FGT
states the pipeline modifications are required to accommodate the
hydrostatic testing of a portion of its Mainline as part of its
integrity management program to ensure the continued safe operation of
the pipeline, and to ensure continued deliverability of natural gas.
FGT estimates the total cost of the subject facilities is $20.4
million.
    Any questions regarding the application should be directed to
Stephen Veatch, Senior Director of Certificates & Tariffs, Florida Gas
Transmission Company, LLC, 5444 Westheimer Road, Houston, Texas 77056,
by telephone at<PHONE_NUMBER>, or by facsimile at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-14032 Filed 6-10-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Proposed Rules]
[Pages 70067-70074]
[FR Doc No: 2016-24418]

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

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 110

[Docket No. PHMSA-2015-0272 (HM-209A)]
RIN 2137-AF19

Hazardous Materials: Revisions to Hazardous Materials Grants
Requirements (RRR)

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA proposes to revise its regulations pertaining to the
Hazardous Materials grants program to incorporate the Office of
Management and Budget's Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, and to implement
new requirements set forth by the Fixing America's Surface
Transportation (FAST) Act of 2015. PHMSA invites all interested persons
to provide comments regarding these intended revisions.

DATES: Comments must be received by December 12, 2016. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.

ADDRESSES: You may submit comments by identification of the docket
number PHMSA-2015-0272 (HM-209A) using the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. To avoid
duplication, please use only one of these four methods. All comments
received will be posted without change to http://www.regulations.gov
and will include any personal information you provide. All comments
received will also be posted without change to the Federal Docket
Management System (FDMS), including any personal information provided.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or contact DOT's
Docket Operations Office (see mail and hand delivery addresses above).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Lisa O'Donnell, Outreach, Training and
Grants Division, Office Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey

Avenue SE., Washington, DC 20590 or at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents of Supplementary Information

I. Background
    A. Hazardous Materials Emergency Preparedness Grant
    B. Supplemental Public Sector Training Grant
    C. Hazardous Materials Instructor Training Grant
    D. Hazardous Materials Community Safety Grant
    E. New Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
    F. Gap in Regulations Pertaining to Hazardous Materials Grants
II. Summary Review of Proposed Amendments
III. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for this Rulemaking
    B. Executive Order 12866, Executive Order 13563, Executive Order
13610, and DOT Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulation Identifier Number (RIN)
    H. Unfunded Mandates Reform Act of 1995
    I. Environmental Assessment and Finding of No Significant Impact
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis
    L. National Technology Transfer and Advancement Act
    M. Executive Order 13211

I. Background

    This proposed rule revises 49 CFR part 110 pertaining to the
Hazardous Materials grants program to incorporate the Office of
Management and Budget's Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR 200), and
to implement new requirements set forth by the Fixing America's Surface
Transportation (FAST) Act of 2015 (Pub.L. 114-94--December 4, 2015).
    PHMSA's Hazardous Materials grants program is comprised of four
grants: Hazardous Materials Emergency Preparedness (HMEP) grants;
Supplemental Public Sector Training (SPST) grants; Hazardous Materials
Instructor Training (HMIT) grants; and the new Hazardous Materials
Community Safety (HMCS) grants. Except for the HMCS grants, the HMEP,
SPST, and HMIT grants are funded by registration fees collected from
hazardous materials (hazmat) shippers and carriers who offer for
transportation or transport certain hazmat in intrastate, interstate,
or foreign commerce in accordance with 49 CFR part 107, subpart G.
    As a result of the implementation of 2 CFR part 200 and the FAST
Act, the current regulations for the Hazardous Materials grants are
outdated. The following describes each of the hazmat grants, new
requirements for Federal awards, and the gaps in current regulations
(49 CFR part 110).

A. Hazardous Materials Emergency Preparedness Grant

    The HMEP grant was established in 1990 by the Hazardous Materials
Transportation Uniform Safety Act (HMTUSA), Public Law 101-615. In
1993, PHMSA's predecessor, the Research and Special Programs
Administration, began issuing grants to assist States, Territories, and
Indian tribes to carry out emergency preparedness and training
activities to ensure communities could effectively respond to
transportation incidents involving hazmat. The HMEP grant award amount
prior to 2009 was $12.8 million; award amounts thereafter were
increased to $21.8 million.

B. Supplemental Public Sector Training Grant

    The Hazardous Materials Transportation Act Amendments of 1993,
which among other changes, established the SPST grant to increase the
number of hazardous materials training instructors available to conduct
hazardous materials response training for individuals with a statutory
responsibility to respond to hazardous materials accidents and
incidents. From 2002 through 2008, the SPST grant authorization amount
was $250,000. In fiscal year 2008, the SPST grant authorization amount
was increased to $1 million annually.

C. Hazardous Materials Instructor Training Grant

    The Hazardous Materials Transportation Safety and Security
Reauthorization Act of 2005, which among other changes, established the
HMIT grant for training instructors to train hazardous materials
employees. Instructors trained under this program are able to offer
training to hazardous materials employees at locations in close
proximity to the employees' places of employment. Since its inception
in 2008, the HMIT grant program has awarded approximately $4 million in
grant funds annually to nonprofit organizations.

D. Hazardous Materials Community Safety Grant

    On December 4, 2015, President Obama signed into law the FAST Act,
which among other changes, established the HMCS grant to nonprofit
organizations for: (1) Conducting national outreach and training
programs to assist communities in preparing for and responding to
accidents and incidents involving the transportation of hazardous
materials, including Class 3 flammable liquids by rail; and (2)
training State and local personnel responsible for enforcing the safe
transportation of hazardous materials, including Class 3 flammable
liquids. Unlike the other three grants, which are funded through a
shipper and carrier hazardous materials registration fee program, the
HMCS grant funding source is up to $1 million in Congressional
appropriations. PHMSA anticipates awarding two HMCS grants for the
first time in fiscal year 2017.

E. New Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards

    On December 19, 2013, the Office of Management and Budget (OMB)
published guidance that streamlined the Federal government's guidance
on Administrative Requirements, Cost Principles, and Audit Requirements
for Federal awards. This final guidance, located in 2 CFR part 200,
supersedes and simplifies requirements from various OMB circulars and
49 CFR part 18. All Federal grants issued on or after December 26,
2014, were required to comply with these requirements.

F. Gap in Regulations Pertaining to Hazardous Materials Grants

    The regulations in 49 CFR part 110 pertaining to Hazardous
Materials grants have neither been updated to include reference to the
HMIT, SPST, and HMCS grants to nonprofit entities, nor have they been
updated to reflect the streamlined guidance for Federal awards found in
2 CFR part 200.

II. Summary Review of Proposed Amendments

    PHMSA proposes to revise the regulations pertaining to Hazardous
Materials grants in 49 CFR part 110 to bring it into alignment with the
currently applicable Federal law and regulation (e.g., FAST Act and 2
CFR part 200). We propose to amend Part 110 to add language pertaining
to grants made to nonprofit organizations under the HMIT, SPST, and
HMCS grants. These training grants to nonprofit organizations are
provided in statute but are not included in 49 CFR. We propose

to remove reference to 49 CFR part 18 and replace it with reference to
2 CFR part 200, as 49 CFR part 18 has been removed and 2 CFR part 200
provides the Uniform Administrative Requirements for Federal grants.
Further, PHMSA proposes to add a reference to pre-award expenditures,
add a reference to territories, define ``nonprofit organizations,'' and
require that applicants and grantees submit documents electronically
rather than by mail.
    This NPRM affects the following entities, as listed in Table 1:

                                           Table 1--Affected Entities
----------------------------------------------------------------------------------------------------------------
                             Affected entities                                            Revisions
----------------------------------------------------------------------------------------------------------------
 States, Territories, and Indian tribes............................   Subject to 2 CFR Part 200
 National nonprofit fire service organizations.....................   and electronic filing
 Nonprofit organizations that demonstrate expertise in (1)            requirements.
 conducting a training program for hazardous materials employees; and (2)
 the ability to reach and involve in a training program a target population
 of hazardous materials employees.
 Nonprofit organizations that demonstrate expertise in conducting
 national outreach and training programs to assist communities in preparing
 for and responding to accidents and incidents involving the transportation
 of hazardous materials, including Class 3 flammable liquids by rail.
 Nonprofit organizations that demonstrate expertise in training
 State and local personnel responsible for enforcing the safe
 transportation of hazardous materials, including Class 3 flammable liquids.
----------------------------------------------------------------------------------------------------------------

    PHMSA seeks comments from interested stakeholders on this proposed
rulemaking. PHMSA proposes the following substantive revisions:
     Revise Sec.  110.1 to comport with 2 CFR part 200
provisions regarding payments to non-Federal entities. 2 CFR 200.305
states that non-Federal entities other than states ``must be paid in
advance, provided it maintains or demonstrates the willingness to
maintain both written procedures that minimize the time elapsing
between the transfer of funds and disbursement by the non-Federal
entity, and financial management systems that meet the standards for
fund control and accountability as established in this Part'' (i.e.,
high-risk grantees). Additionally, while 2 CFR part 200 is silent
regarding the funding techniques for states, advanced payments (as
conditioned therein) to state grantees would likewise more effectively
focus Federal resources on improving performance and outcomes while
ensuring the financial integrity of taxpayer dollars in partnership
with non-Federal stakeholders.
     Allow for grantees to incur pre-award expenditures at
their own risk in Sec.  110.50, Disbursement of Federal funds.
    PHMSA proposes the following additional revisions:
     Revise Sec.  110.1 to refer to nonprofit organizations.
Currently, HMIT, SPST, and HMCS grant programs, where nonprofit
organizations are eligible applicants, are not referenced in the
regulations.
     Revise Sec.  110.5 to refer to nonprofit organizations and
replace reference to 49 CFR with reference to 2 CFR part 200.
     Revise Sec.  110.10 to amend the title to read
``Administering Hazardous Materials Grants'' and to add ``Territories''
and ``nonprofit organizations.''
     Revise Sec.  110.20 to change the preamble language to
refer to 2 CFR part 200; revise the definitions for ``Indian tribe''
and ``Associate Administrator''; add definitions for ``Nonprofit
organization,'' ``Public sector employee,'' ``Tribal Emergency Planning
Committee,'' and ``Tribal Emergency Response Commission''; and delete
the definition for ``Indian country.''
     Amend Sec.  110.30 to revise paragraph (a) and remove
paragraphs (b) and (c) to update how applicants submit grant
applications to PHMSA.
     Amend the heading of Sec.  110.40 by adding the
terminology ``Hazardous Materials Emergency Preparedness Grant'' and
update the wording in paragraphs (a) and (b).
     Revise the requirements in Sec. Sec.  110.10, 110.20,
110.30, 110.70, 110.80, 110.90, 110.100, and 110.110 by updating the
sections to refer to 2 CFR part 200 and making other editorial changes.
     Revise the requirements in Sec.  110.30 by removing
reference to corresponding with PHMSA by mail.
     Revise the requirements in Sec.  110.70 by removing
reference to financial management systems and advances.
     Revise the requirements in Sec.  110.90 by removing the
examples of project manager requirements, which have a significant
impact on the planning and training activities.
     Revise the requirements in Sec.  110.120 to update how to
report deviations.
     Revise the requirements in Sec.  110.130 referring to
disputes by updating the titles of the PHMSA Hazardous Materials grants
staff and changing the dispute resolution officer from the
Administrator to the Associate Administrator to expedite dispute
resolutions should disputes occur.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the authority of the Federal hazardous
materials transportation law, 49 U.S.C. 5101 et seq. Section 5103(b)
authorizes the Secretary to prescribe regulations for the safe
transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. Section 5107, as amended,
establishes a competitive program for making grants to nonprofit
organizations for conducting national outreach and training programs to
assist communities in preparing for and responding to accidents and
incidents involving the transportation of hazardous materials,
including Class 3 flammable liquids by rail; and training State and
local personnel responsible for enforcing the safe transportation of
hazardous materials, including Class 3 flammable liquids. Section 5108
permits the Secretary to collect registration fees from people
transporting certain quantities of hazardous materials and deposit
those fees into an account used to fund the HMEP grants program.
Section 5116, as amended, authorizes the Secretary to make grants to
States and Indian tribes, by combining planning and training grants,
and to create supplemental training grants to national nonprofit fire
service organizations. This NPRM revises the regulations as they
pertain to hazardous materials grants.

B. Executive Order 12866, Executive Order 13563, Executive Order 13610,
and DOT Regulatory Policies and Procedures

    This NPRM is considered a non-significant regulatory action under
Executive Order 12866 (``Regulatory Planning and Review'') and the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034) as it does not materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; rather, it revises regulations to
comply with current Federal statute and guidance and PHMSA policies and
procedures.
    Executive Order 13563 (``Improving Regulation and Regulatory
Review'') supplements and reaffirms the principles, structures, and
definitions governing regulatory review that were established in
Executive Order 12866 of September 30, 1993. Executive Order 13563,
issued January 18, 2011, notes that our nation's current regulatory
system must protect not only public health, welfare, safety, and our
environment but also promote economic growth, innovation,
competitiveness, and job creation. Further, this executive order urges
government agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public.
In addition, Federal agencies are asked to periodically review existing
significant regulations; retrospectively analyze rules that may be
outmoded, ineffective, insufficient, or excessively burdensome; and
modify, streamline, expand, or repeal regulatory requirements in
accordance with what has been learned.
    Executive Order 13610 (``Identifying and Reducing Regulatory
Burdens''), issued May 10, 2012, urges agencies to conduct
retrospective analyses of existing rules to examine whether they remain
justified and whether they should be modified or streamlined in light
of changed circumstances, including the rise of new technologies.
    Together, these three Executive Orders require agencies to regulate
in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.''
    PHMSA has evaluated the Hazardous Materials Grants regulations and
has determined that they are outmoded and, in part, excessively
burdensome. The current regulations are out-of-date, as they refer to
obsolete regulations, and have been superseded by 2 CFR part 200. We
propose updating the 49 CFR part 110 to reflect current Federal statute
and guidance and PHMSA policies and procedures. PHMSA welcomes public
comments on potential costs and benefits of this regulatory action.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism'') and the President's memorandum on ``Preemption''
published in the Federal Register on May 22, 2009 (74 FR 24693). This
proposed rule will preempt State, local, and Indian tribe requirements
but does not propose any regulation that has substantial direct effects
on the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125 (b))
that preempts State, local, and Indian tribe requirements on the
following subjects:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    This proposed rule pertains to entities responsible for all the
covered subject areas above. If adopted as final, this rule will
preempt any State, local, or Indian tribe, requirements concerning
these subjects unless the non-Federal requirements are ``substantively
the same'' as the Federal requirements. Furthermore, this proposed rule
is necessary to update, clarify, and provide relief from regulatory
requirements.
    The Federal hazardous materials transportation law provides at
Sec.  5125(b)(2) that, if DOT issues a regulation concerning any of the
covered subjects, they must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
PHMSA has determined that the effective date of Federal preemption for
these requirements will be one year from the date of publication of a
final rule in the Federal Register.

D. Executive Order 13175

    This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this NPRM does
not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. There are
no known costs to small entities associated with this rule. The changes
proposed herein are to clarify and simplify existing regulations and to
comply with the current statute. The grant recipients affected by this
rulemaking are States, Territories, Indian Tribes, and nonprofit
organizations. Current grantees that meet the definition of `small
entity' are nonprofit organizations. All of these entities currently
comply with the statutory requirements that PHMSA is proposing to
incorporate in the regulations; therefore, there is no added burden.
Consequently, PHMSA certifies that this rulemaking does not have a
significant economic impact on a substantial number of small entities.

F. Paperwork Reduction Act

    PHMSA currently has an approved information collection under OMB
Control Number 2137-0586, entitled ``Hazardous Materials Public Sector
Training & Planning Grants,'' with an expiration date of June 29, 2019.
This NPRM may result in a minimal increase in the time spent to apply,
maintain, and close out a grant application cycle; however, this
minimal increase is not sufficient enough to necessitate the

revision of this information collection package, in either the annual
burden or cost to OMB Control Number 2137-0586 for proposed changes
under Part 110.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. 5 CFR 1320.8(d) requires that
PHMSA provide interested members of the public and affected agencies an
opportunity to comment on information and recordkeeping requests.
    PHMSA requests comments on any information collection and
recordkeeping burdens associated with the proposed changes under this
proposed rule.
    Requests for a copy of this information collection should be
directed to Steven Andrews or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001,
Telephone<PHONE_NUMBER>.
    Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number<PHONE_NUMBER>.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$155 million or more, adjusted for inflation, to either State, local,
or tribal governments, in the aggregate, or to the private sector in
any one year, and is the least burdensome alternative that achieves the
objective of the rule. As such, PHMSA has concluded that the NPRM does
not require an Unfunded Mandates Act analysis.

I. Environmental Assessment and Finding of No Significant Impact

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
    This NPRM would revise the regulations pertaining to Hazardous
Materials Grants to reflect current Federal statute and guidance and
PHMSA policies and procedures. PHMSA believes the proposed revisions
present little or no environmental impact on the quality of the human
environment because rather than involving the transportation of
hazardous materials, the changes update processes and procedures
related to grants. Therefore, PHMSA has initially determined that the
implementation of the proposed rule will not have any significant
impact on the quality of the human environment.
    In addition, PHMSA sought comment from the following modal
partners:

     Federal Aviation Administration
     Federal Motor Carrier Safety Administration
     Federal Railroad Administration
     United States Coast Guard

    PHMSA did not receive any adverse comments on the amendments
proposed in this NPRM from these Federal Agencies.
    PHMSA welcomes any views, data, or information related to
environmental impacts that may result if the proposed requirements are
adopted, as well as possible alternatives and the environmental
impacts.

J. Privacy Act

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

K. Executive Order 13609 and International Trade Analysis

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

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
proposed rulemaking is to comply with current Federal statute and
guidance and PHMSA policies and procedures; it does not involve
technical standards.

M. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') requires
Federal agencies to prepare a Statement of Energy Effects for any
``significant energy action'' (66 FR 28355, May 22, 2001). Under the
Executive Order, a ``significant energy action'' is defined as any
action by an agency (normally published in the Federal Register) that
promulgates, or is expected to lead to the promulgation of, a final
rule or regulation (including a notice of inquiry, advance NPRM, and
NPRM) that (1)(i) is a significant regulatory action under Executive
Order 12866 or any successor order and (ii) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (2) is designated by the Administrator of the Office of
Information and Regulatory Affairs as a significant energy action.
    PHMSA has evaluated this action in accordance with Executive Order
13211. See the environmental assessment section for a more thorough
discussion of environmental impacts and the supply, distribution, or
use of energy. PHMSA has determined that this action will not have a
significant adverse effect on the supply, distribution, or use of
energy. Consequently, PHMSA has determined that this regulatory action
is not a ``significant energy action'' within the meaning of Executive
Order 13211.

List of Subjects in 49 CFR Part 110

    Disaster assistance, Education, Grant programs--environmental
protection, Grant programs--Indians, Hazardous materials
transportation, Hazardous substances, Indians, Reporting and
recordkeeping requirements.

    In consideration of the foregoing, 49 CFR chapter I is proposed to
be amended as follows:

PART 110--HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING
GRANTS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.97.
0
2. Revise Sec.  110.1 to read as follows:

Sec.  110.1  Purpose.

    This part sets forth procedures for grants to States, Territories,
Indian Tribes, and nonprofit organizations to support emergency
planning and training to respond to hazardous materials emergencies,
particularly those involving transportation. These grants may also be
used to enhance the implementation of the Emergency Planning and
Community Right-to-Know Act of 1986 (42 U.S.C. 11001).
0
3. Revise Sec.  110.5 to read as follows:

Sec.  110.5  Scope.

    (a) This part applies to:
    (1) States and Indian tribes and contains the program requirements
for public sector grants to support hazardous materials emergency
planning and training efforts; and
    (2) Nonprofit organizations for grants to support training programs
for public sector hazardous materials emergency responders or hazardous
materials employees.
    (b) The requirements contained in 2 CFR part 200 ``Uniform
Administrative Requirements for Grants and Cooperative Agreements,''
apply to grants issued under this Part.
    (c) Copies of standard forms and OMB circulars referenced in this
Part are available at https://www.whitehouse.gov/omb/grants_forms or
from the Office of Hazardous Materials Safety, Grants Chief, Pipeline
and Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, 1200 New Jersey Avenue SE., Washington
DC 20590-0001.
0
4. Revise Sec.  110.10 to read as follows:

Sec.  110.10  Administering hazardous materials grants.

    This part applies to States, Territories, Indian tribes and
nonprofit organizations.
0
5. Revise Sec.  110.20 to read as follows:

Sec.  110.20  Definitions.

    Unless defined in this part, all terms defined in 49 U.S.C. 5102
are used in their statutory meaning and all terms defined in 2 CFR part
200 with respect to administrative requirements for grants, are used as
defined therein. Other terms used in this part are defined as follows:
    Allowable costs means those costs that are: Eligible, reasonable,
necessary, and allocable to the project permitted by the appropriate
Federal cost principles, and approved in the grant.
    Associate Administrator means the Associate Administrator for
Hazardous Materials Safety, Pipeline and Hazardous Materials Safety
Administration or a person designated by the Associate Administrator.
    Budget period means the period of time specified in the grant
agreement during which the project manager may expend or obligate
project funds.
    Cost review means the review and evaluation of costs to determine
reasonableness, allocability, and allowability.
    Indian tribe means any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village or
regional or village corporation as defined in or established pursuant
to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C.
1601 et seq.], which is recognized as eligible for the special programs
and services provided by the United States to Indians because of their
status as Indians (25 U.S.C. 450b).
    Local Emergency Planning Committee (LEPC) means a committee
appointed by the State Emergency Response Commission under section
301(c) of the Emergency Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001(c)) that includes at a minimum, representatives
from each of the following groups or organizations: elected State and
local officials; law enforcement, firefighting, civil defense, first
aid, health, local environmental, hospital, and transportation
personnel; broadcast and print media; community groups; and owners and
operators of facilities subject to the emergency planning requirements.
    National curriculum means the curriculum required to be developed
under 49 U.S.C. 5115 and necessary to train public sector emergency
response and preparedness teams, enabling them to comply with
performance standards as stated in 49 U.S.C. 5115(c).
    Nonprofit organization means a tax-exempt nonprofit organization in
the U.S. as defined in 26 U.S.C. 501(c).
    Political subdivision means a county, municipality, city, town,
township, local public authority (including any public and Indian
housing agency under the United States Housing Act of 1937 (42 U.S.C.
1401 et seq.), school district, special district, intrastate district,
council of governments (whether or not incorporated as a nonprofit
corporation under State law), any other regional or interstate
government entity, or any agency or instrumentality of a local
government.
    Project means the activities and tasks identified in the grant
agreement.
    Project manager means the nonprofit, State or Indian tribal
official designated in a grant as the recipient agency's principal
program contact with the Federal Government.
    Project officer means the Federal official designated in a grant as
the program contact with the project manager. The project officer is
responsible for monitoring the project.
    Project period means the length of time specified in a grant for
completion of all work associated with that project.
    Public sector employee means an individual employed by a State,

political subdivision of a State, or Indian tribe and who during the
course of employment has responsibilities related to responding to an
accident or incident involving the transportation of hazardous
material, including an individual employed by a State, political
subdivision of a State, or Indian tribe as a firefighter or law
enforcement officer and an individual who volunteers to serve as a
firefighter for a State, political subdivision of a State, or Indian
tribe.
    State Emergency Response Commission (SERC) means the State
Emergency Response Commission appointed by the Governor of each State
and Territory under the Emergency Planning and Community Right-to-Know
Act of 1986.
    Statement of Work means that portion of a grant that describes the
purpose and scope of activities and tasks to be carried out as part of
the proposed project.
    Tribal Emergency Planning Committee (TEPC) means a committee
established by the TERC in each tribal region. TEPCs have the same
responsibilities as LEPCs in the tribal region.
    Tribal Emergency Response Committee (TERC) means the commission
responsible for carrying out the provisions of EPCRA in the same manner
as a State Emergency Response Commission (SERC) on federally recognized
tribal lands.
0
6. Revise Sec.  110.30 to read as follows:

Sec.  110.30  Hazardous materials emergency preparedness grant
application.

    (a) General. Applications must comply with the applicable Notice of
Funding Announcements which will include or reference forms approved by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1980 (44 U.S.C. 3502). Applicants are required to electronically
submit application packages to http://www.grants.gov/. Applications
must adhere to the instructions outlined in the funding announcement
and grant application kit.
    (b) [Reserved]
    (c) [Reserved]
0
7. Revise Sec.  110.40 to read as follows:

Sec.  110.40  Activities eligible for hazardous materials emergency
preparedness grant funding.

    Eligible applicants may receive funding for the following
activities:
    (a) To develop, improve, and implement emergency plans required
under the Emergency Planning and Community Right-to-Know Act of 1986,
as well as exercises that test the emergency plan. To enhance emergency
plans to include hazard analysis, as well as response procedures for
emergencies involving transportation of hazardous materials.
    (b) To determine flow patterns of hazardous materials within a
State, between a State and another State or Tribal lands, and develop
and maintain a system to keep such information current.
    (c) To determine the need for regional hazardous materials
emergency response teams.
    (d) To assess local response capabilities.
    (e) To conduct emergency response drills and exercises associated
with emergency preparedness plans.
    (f) To provide for technical staff to support the planning effort.
    (g) To train public sector employees to respond to accidents and
incidents involving the transportation of hazardous material.
    (h) To determine the number of public sector employees employed or
used by a political subdivision who need the proposed training and to
select courses consistent with national consensus standards or the
National Curriculum.
    (i) To deliver comprehensive preparedness and response training to
public sector employees, which may include design and delivery of
preparedness and response training to meet specialized needs, and
financial assistance for trainees and for the trainers, if appropriate,
such as tuition, travel expenses to and from a training facility, and
room and board while at the training facility.
    (j) To deliver emergency response drills and exercises associated
with training, a course of study, and tests and evaluation of emergency
preparedness plans.
    (k) To pay expenses associated with training by a person (including
a department, agency, or instrumentality of a State or political
subdivision thereof, a territory, or an Indian Tribe) and activities
necessary to monitor such training including, but not limited to
examinations, critiques, and instructor evaluations.
    (l) To maintain staff to manage the training effort designed to
result in increased benefits, proficiency, and rapid deployment of
local and regional responders.
    (m) For additional activities the Associate Administrator deems
appropriate to implement the scope of work for the proposed plan or
project and approved in the grant.
0
8. Revise Sec.  110.50 to read as follows:

Sec.  110.50  Disbursement of Federal funds.

    (a) Pre-award costs. (1) Pre-award costs, as defined in 2 CFR
200.458, are those incurred prior to the effective date of the Federal
award directly pursuant to the negotiation and in anticipation of the
Federal award where such costs are necessary for the efficient and
timely performance of the scope of work. Such costs are allowable only
to the extent that they would have been allowable if incurred after the
date of the Federal award and only with the written approval of the
Federal awarding agency. PHMSA expects the grantee to be fully aware
that pre-award costs result in borrowing against future support and
that such borrowing must not impair the grantee's ability to accomplish
the project objectives in the approved time frame or in any way
adversely affect the conduct of the project.
    (2) A grantee may, at its own risk, incur pre-award costs to cover
costs up to 90 days before the beginning date of the initial budget
period of a new or renewal award if such costs are necessary to conduct
the project, and would be allowable under the grant if awarded.
    (3) The incurrence of pre-award costs in anticipation of a
competing or non-competing award imposes no obligation on PHMSA for any
of the following reasons:
    (i) the absence of appropriations;
    (ii) if an award is not subsequently made; or
    (iii) if an award is made for a lesser amount than the grantee
anticipated.
    (b) Payment may not be made for a project plan unless approved in
the grant award.
    (1) Payments to recipients shall follow the Federal guidelines
outlined at 2 CFR Sec.  200.305.
    (2) If a recipient agency seeks additional funds, the supplemental
amendment request will be evaluated on the basis of needs, performance,
and availability of funds. An existing grant is not a commitment of
future Federal funding.
0
9. Revise Sec.  110.70 to read as follows:

Sec.  110.70  Financial administration.

    (a) Recipients must expend and account for grant funds in
accordance with the standards for financial and program management of
Federal grants outlined at 2 CFR 200.302.
    (b) To be allowable, costs must be eligible, reasonable, necessary,
and allocable to the approved project in accordance with 2 CFR part
200, subpart E, Cost Principles, and included in the grant award.
Recipients are responsible for obtaining audits in accordance with

2 CFR part 200, subpart F, Audit Requirements. Audits must be made by
an independent auditor in accordance with generally accepted government
auditing standards covering financial and compliance audits. The
Associate Administrator or a designee of the Associate Administrator
may audit a recipient at any time.
0
10. Revise Sec.  110.80 to read as follows:

Sec.  110.80  Procurement.

    Recipients must use procurement procedures and practices that
adhere to applicable State laws and regulations and Federal
requirements as specified in the procurement standards of 2 CFR part
200, as well as the Department of Transportation exception outlined at
2 CFR 1201.317, as applicable.
0
11. Revise Sec.  110.90 to read as follows:

Sec.  110.90  Grant monitoring, reports, and records retention.

    (a) Grant monitoring. Project managers are responsible for managing
the day-to-day operations of grant, subgrant, and contract-supported
activities. Project managers must monitor the performance of supported
activities to assure compliance with applicable Federal requirements
and achievement of performance goals. Monitoring must cover each
program, function, activity, or task covered by the grant.
    (b) Reports. (1) The recipient must submit financial and
performance reports as required in the terms and conditions of the
grant award. The final financial and performance reports are due 90
days after the expiration or termination of the grant.
    (2) All required performance reports will be listed in the terms
and conditions of the Notice of Grant Award.
    (3) Financial reporting must be supplied using Standard Form 425
Federal Financial Report and submitted in accordance with the terms and
conditions of the grant award.
    (c) Records retention. In accordance with 2 CFR part 200, all
financial and programmatic records, supporting documents, statistical
records, training materials, and other documents generated under a
grant must be maintained by the project manager for three years from
the date the project manager submits the final financial report. The
project manager must designate a repository and single-point of contact
for these purposes. If any litigation, claim, negotiation, audit or
another action involving the records has been started before the
expiration of the 3-year period, the records must be retained until the
action and resolution of all issues that arise from it are completed,
or until the end of the regular 3-year period, whichever is later.
0
12. Revise Sec.  110.100 to read as follows:

Sec.  110.100  Enforcement.

    If a recipient fails to comply with any term of an award (whether
stated in a Federal statute or regulation, an assurance, a State plan
or application, a notice of award, or elsewhere) a noncompliance action
may be taken as specified in 2 CFR 200.338 through 200.342. The
recipient will have the opportunity to object and provide information
and documentation challenging the suspension or termination action, in
accordance with 2 CFR 200.341. Costs incurred by the recipient agency
during a suspension or after termination of an award are not allowable
unless the Associate Administrator authorizes it in writing. Grant
awards may also be terminated in whole or in part with the consent of
the recipient at any agreed upon effective date, or by the recipient
upon written notification.
0
13. Revise Sec.  110.110 to read as follows:

Sec.  110.110  After-grant requirements.

    The Associate Administrator will close out the award upon
determination that all applicable administrative actions and all
required work of the grant are complete in accordance with 2 CFR part
200. The project manager must submit all financial, performance, and
other reports required as a condition of the grant, within 90 days
after the expiration or termination of the grant. This time frame may
be extended by the Associate Administrator for cause.
0
14. Revise Sec.  110.120 to read as follows:

Sec.  110.120  Deviation from this part.

    Recipient agencies may request a deviation from the non-statutory
provisions of this part. The Associate Administrator will respond to
such requests in writing. If appropriate, the decision will be included
in the grant agreement. Request for deviations from this part 110 must
be submitted to: the Grants Chief at<EMAIL_ADDRESS>0
15. Revise Sec.  110.130 to read as follows:

Sec.  110.130  Disputes.

    Disputes should be resolved at the lowest level possible, beginning
with the Grants Specialist, the Grants Team Lead, and the Grants Chief.
If an agreement cannot be reached, the Associate Administrator will
serve as the dispute resolution official, whose decision will be final.

    Issued in Washington, DC, on October 4, 2016, under authority
delegated in 49 CFR 1.97.
William Schoonover,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2016-24418 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Page 46778]
[FR Doc No: 2019-19171]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0046]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on June 7, 2019, Norfolk
Southern Railway Company (NS) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR 225.25,
Recordkeeping. FRA assigned the petition Docket Number FRA-2019-0046.
    Specifically, NS seeks a waiver of compliance from 49 CFR 225.25(h)
which states, in part, that except as provided in paragraph (h)(15), a
listing of all injuries and occupational illnesses reported to FRA as
having occurred at an establishment shall be posted in a conspicuous
location at that establishment, within 30 days after the expiration of
the month during which the injuries and illnesses occurred, if the
establishment has been in continual operation for a minimum of 90
calendar days.
    NS requests a waiver regarding the actual posting of the monthly
listing of employee reportable injuries, occupational illnesses, and
fatalities, as reported to FRA that have occurred during the past 12-
month period at each establishment. In lieu of physically posting a
``paper'' copy of the monthly listing at each establishment, NS has
developed an electronic version that would be available to its
employees by accessing this information on computer terminals located
at company facilities and personal devices. NS would notify employees
of the electronic establishment log, including instructions for
accessing it, by posting information on NS's operations web portals and
by their supervisors in job safety briefings and other safety contacts.
Where appropriate, the log would be distributed as a paper handout and
may be requested from the employee's supervisor at any time.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 21, 2019 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-19171 Filed 9-4-19; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10389-10392]
[FR Doc No: 2019-05269]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0005]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 13 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before April 19, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0005 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>,

<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours
are 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal
holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0005), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2019-0005, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    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.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0005, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility 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., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 13 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal

of American Statistical Association, June 1971). A 1964 California
Driver Record Study prepared by the California Department of Motor
Vehicles concluded that the best overall crash predictor for both
concurrent and nonconcurrent events is the number of single
convictions. This study used three consecutive years of data, comparing
the experiences of drivers in the first two years with their
experiences in the final year.

III. Qualifications of Applicants

Maximo Fernandez

    Mr. Fernandez, 37, has had retinal dystrophy in his right eye since
2013. The visual acuity in his right eye is 20/150, and in his left
eye, 20/40. Following an examination in 2019, his optometrist stated,
``I hereby certify that in my medical opinion, Mr. Maximo Fernandez
does have sufficient vision to perform the driving tasks required to
operate a commercial vehicle in interstate commerce only.'' Mr.
Fernandez reported that he has driven straight trucks for six years,
accumulating 150,000 miles, and tractor-trailer combinations for six
years, accumulating 150,000 miles. He holds a Class A CDL from Texas.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Michael W. Ireland

    Mr. Ireland, 60, has had a retinal detachment in his right eye due
to a retinal defect since 2012. The visual acuity in his right eye is
20/400, and in his left eye, 20/20. Following an examination in 2018,
his ophthalmologist stated, ``He has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Ireland
reported that he has driven straight trucks for 40 years, accumulating
2.2 million miles, and tractor-trailer combinations for 38 years,
accumulating 380,000 miles. He holds a Class AM CDL from Massachusetts.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Thomas J. Johnston, Jr.

    Mr. Johnston, 41, has macular atrophy in his right eye due to a
traumatic incident in 1996. The visual acuity in his right eye is 20/
200, and in his left eye, 20/20. Following an examination in 2018, his
optometrist stated, ``In my professional opinion, Thomas Johnston has
sufficient vision to preform [sic] the driving tasks required to
operate a commercial vehicle.'' Mr. Johnston reported that he has
driven straight trucks for 22 years, accumulating 1.1 million miles. He
holds an operator's license from Texas. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.

Keith A. Larson

    Mr. Larson, 58, has band keratopathy in his left eye due to a
traumatic incident in 2000. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2018, his ophthalmologist stated, ``Mr. Larson is diagnosed with band
keratopathy of the left eye and in my opinion is able to drive a
commercial vehicle.'' Mr. Larson reported that he has driven straight
trucks for 18 years, accumulating 387,000 miles. He holds an operator's
license from Massachusetts. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Scott A. MacPherson

    Mr. MacPherson, 53, has a cataract in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/400, and in his left eye, 20/20. Following an examination in 2018,
his optometrist stated, ``I certify that in my medical opinion Scott
MacPherson has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. MacPherson reported that he has
driven straight trucks for 18 years, accumulating 144,000 miles. He
holds an operator's license from Massachusetts. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.

Brandon L. Mask

    Mr. Mask, 31, has a prosthetic left eye due to a traumatic incident
in childhood. The visual acuity in his right eye is 20/15, and in his
left eye, no light perception. Following an examination in 2018, his
optometrist stated, ``It is in my opinion Brandon has sufficient vison
[sic] to operate a commercial vehicle.'' Mr. Mask reported that he has
driven tractor-trailer combinations for seven years, accumulating
525,000 miles. He holds a Class A CDL from Arkansas. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Christopher W. Proeschel

    Mr. Proeschel, 55, has a macular scar in his left eye due to
toxoplasmosis in 1981. The visual acuity in his right eye is 20/20, and
in his left eye, 20/80. Following an examination in 2018, his
optometrist stated, ``Chris has sufficient vision to perform driving
tasks of a commercial vehicle binocularly with both eyes open,
achieving 20/20 with both eyes, but reduced vision of 20/80 in the left
eye.'' Mr. Proeschel reported that he has driven straight trucks for 38
years, accumulating 38,000 miles, and tractor-trailer combinations for
26 years, accumulating 130,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Michael Renzetti

    Mr. Renzetti, 57, has a prosthetic right eye due to trauma in
childhood. The visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2018, his
ophthalmologist stated, ``I believe that Mr. Renzetti's left eye is
sufficient and his visual deficiency is stable. I believe Michael is
able to drive a Commercial Motor Vehicle `CMV' without any problems or
restrictions.'' Mr. Renzetti reported that he has driven straight
trucks for 33 years, accumulating 214,500 miles, and tractor-trailer
combinations for 33 years, accumulating 2.8 million miles. He holds a
Class A CDL from Connecticut. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Cory W. Schell

    Mr. Schell, 52, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/500.
Following an examination in 2018, his optometrist stated, ``In my
medical opinion, I believe his vision has been sufficient to operate a
commercial vehicle and expect it to remain so for the unforeseen
future.'' Mr. Schell reported that he has driven straight trucks for 35
years, accumulating 350,000 miles, and tractor-trailer combinations for
five years, accumulating 10,000 miles. He holds a Class A CDL from
Washington. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Rodney A. Stahl

    Mr. Stahl, 29, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2018, his optometrist stated, ``Mr.
Stahl has sufficient vision to operate a commercial vehicle.'' Mr.
Stahl reported that he has driven straight trucks for eight years,
accumulating 176,000 miles, and

tractor-trailer combinations for two years, accumulating 50,000 miles.
He holds an operator's license from Minnesota. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.

Alvin J. Urke

    Mr. Urke, 77, has aphakia in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/25, and
in his left eye, hand motion. Following an examination in 2018, his
ophthalmologist stated, ``I certify that in my medical opinion, Mr.
Urke has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Urke reported that he has driven
straight trucks for 26 years, accumulating 130,000 miles. He holds a
Class B CDL from California. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

David Wiebe

    Mr. Wiebe, 52, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/200.
Following an examination in 2018, his optometrist stated, ``Based on
the above listed findings the patient's vision is sufficient to perform
driving tasks required to operate a commercial vehicle.'' Mr. Wiebe
reported that he has driven tractor-trailer combinations for six years,
accumulating 564,000 miles. He holds a Class A CDL from Texas. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Robert L. Williams, Jr.

    Mr. Williams, 56, has corneal opacity in his right eye due to a
traumatic incident in 1988. The visual acuity in his right eye is 20/
800, and in his left eye, 20/20. Following an examination in 2018, his
optometrist stated, ``It is my professional opinion Mr. Williams has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Williams reported that he has driven straight
trucks for 20 years, accumulating 400,000 miles, tractor-trailer
combinations for 20 years, accumulating 200,000 miles, and buses for 32
years, accumulating 320,000 miles. He holds a Class A CDL from
Mississippi. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.

    Issued on: February 28, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-05269 Filed 3-19-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Notices]
[Page 63171-63173]
[DOCID:fr14oc10-59]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0904 and 1182; FRL-9213-2]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew one existing approved Information Collection
Requests (ICRs) to the Office of Management and Budget (OMB). ICR
1826.06 is scheduled to expire May 31, 2011. EPA is also planning to
submit a request to revise ICR 1684.16, which is scheduled to expire on
July 31, 2012. Before submitting these ICRs to OMB for review and
approval, EPA is soliciting comments on specific aspects of the
proposed information collections as described below.

DATES: Comments must be submitted on or before December 13, 2010.

ADDRESSES: Submit your comments, identified by the Docket ID numbers
provided for each item in the text, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket Center, (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to the Docket ID Numbers
identified for each item in the text. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

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

How can I access the docket and/or submit comments?

    EPA has established a public docket for each of the ICRs identified
in this document (see the Docket ID numbers for each ICR that are
provided in the text), which is available for online viewing at http://
www.regulations.gov, or in person viewing at the Air Docket in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in

the Docket ID number identified in this document.

What information is EPA particularly interested in?

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

What should I consider when I prepare my comments for EPA?

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

What information collection activities or ICRs does this apply to?

Docket ID Number: EPA-HQ-OAR-2007-0904

    Affected Entities: Entities potentially affected by this action are
manufacturers of nonroad compression ignition and spark ignition
engines and equipment.
    Title: Transition Program for Equipment Manufacturers.
    ICR Numbers: EPA ICR No. 1826.06, OMB Control No. 2060-0369.
    ICR status: This ICR is currently scheduled to expire on May 31,
2011. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: When EPA establishes new regulations with tighter engine
emission standards, engine manufacturers often need to change the
design of their engines to achieve the emission reductions required by
the new standards. Consequently, original equipment manufacturers
(OEMs) may also need to redesign their products to accommodate these
engine design changes. Sometimes, OEMs have trouble making the
necessary adjustments by the effective date of the regulations. In an
effort to provide OEMs with some flexibility in complying with the
regulations, EPA created the Transition Program for Equipment
Manufacturers (TPEM). Under the program, OEMs are allowed to delay
compliance with the new standards for up to seven years as long as they
comply with certain limitations. Participation in the program is
voluntary. Participating OEMs and engine manufacturers who provide the
noncompliant engines are required to keep records and submit reports of
their activities under the program.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 80.5
hours per equipment manufacturer and 74.5 hours per engine
manufacturer. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
     Estimated total number of potential respondents: 213.
     Frequency of response: Annual.
     Estimated total average number of responses for each
respondent: 1.
     Estimated total annual burden hours: 17,069.
     Estimated total annual costs: $848,582. This includes an
estimated burden cost of $5,829 for operation and maintenance costs.

Are there changes in the estimates from the last approval?

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

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

    Affected entities: Entities potentially affected by these actions
are manufacturers of nonroad compression ignition engines and on-
highway heavy-duty engines; and owners of heavy-duty truck fleets.
    Title: Emissions Certification and Compliance Requirements for
Nonroad Compression-ignition Engines and On-highway Heavy Duty Engines.
    ICR Numbers: EPA ICR No. 1684.16, OMB Control No. 2060-0287.
    ICR status: This ICR is currently scheduled to expire on July 31,
2012. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or

form, if applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: This information collection is requested under the
authority of Title II of the Clean Air Act (42 U.S.C. 7521 et seq.).
Under Title II, EPA is charged with issuing certificates of conformity
for those engines which comply with applicable emission standards. Such
a certificate must be issued before engines may be legally introduced
into commerce. Certification requirements for nonroad compression-
ignition engines and on-highway heavy duty engines are set forth at 40
CFR Parts 86, 89, 94, 1039, and 1065. To apply for a certificate of
conformity, manufacturers are required to submit descriptions of their
planned production line, including detailed descriptions of the
emission control system and test data. This information is organized by
``engine family'' groups expected to have similar emission
characteristics. Manufacturers must also comply with requirements
related to audits and other compliance assurance programs. There are
also recordkeeping and labeling requirements. Manufacturers electing to
participate in the Averaging, Banking and Trading (ABT) Program are
also required to submit information regarding the calculation of
projected and actual generation and usage of credits in an initial
report, end-of-year report and final report. These reports are used for
certification and enforcement purposes. Manufacturers need to maintain
records for eight years on the engine families participating in the
program.
    This ICR is being revised to include EPA's Heavy-duty Engine In-use
Testing Program. This program is currently part of another existing
approved ICR.
    Burden Statement: The annual public reporting and recordkeeping
burden is estimated to average 2,113 hours. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements which have subsequently
changed; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
     Estimated total number of potential respondents: 122.
     Frequency of response: Annual and quarterly and on
occasion.
     Estimated total average number of responses for each
respondent: 17.
     Estimated total annual burden hours: 143,694.
     Estimated total annual costs: $13,985,374. This includes
an estimated burden cost of $5,484,884 for operation and maintenance
costs.

Are there changes in the estimates from the last approval?

    Yes. EPA is revising this ICR to include EPA's Heavy-duty Engine
In-use Testing Program which is currently part of ICR 0222.09, OMB
Number 20060-0086. EPA is still evaluating information that may lead to
further changes in the estimates.

What is the next step in the process for these ICRs?

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

    Dated: October 6, 2010.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2010-25898 Filed 10-13-10; 8:45 am]
BILLING CODE 6560-50-P