Title 40: Protection of Environment

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fr"  PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES (CONTINUED)

Subpart DDD—National Emission Standards for Hazardous Air Pollutants
for Mineral Wool Production

Source:   64 FR 29503, June 1, 1999, unless otherwise noted.

§63.1175  What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous air
pollutants emitted from existing, new, and reconstructed cupolas and
curing ovens at facilities that produce mineral wool.

§63.1176  Where can I find definitions of key words used in this
subpart?

The definitions of key words used in this subpart are in the Clean Air
Act (Act), in §63.2 of the general provisions in subpart A of this
part, and in §63.1196 of this subpart.

§63.1177  Am I subject to this subpart?

You are subject to this subpart if you own or operate an existing, new,
or reconstructed mineral wool production facility that is located at a
plant site that is a major source of hazardous air pollutant (HAP)
emissions, meaning the plant emits or has the potential to emit any
single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any
combination of HAPs at a rate of 22.68 megagrams (25 tons) or more per
year.

Standards

§63.1178  For cupolas, what standards must I meet?

(a) You must control emissions from each cupola as follows:

(1) Limit emissions of particulate matter (PM) from each existing, new,
or reconstructed cupola to 0.05 kilograms (kg) of PM per megagram (MG)
(0.10 pound [lb] of PM per ton) of melt or less.

(2) Limit emissions of carbonyl sulfide (COS) carbon monoxide (CO) from
each existing, new, or reconstructed cupola to either of the following:

(i) 3.3 lb of COS per ton of melt or less for existing cupolas.0.05 kg
of CO per MG (0.10 lb of CO per ton) of melt or less

(ii) 0.017 lb of COS per ton of melt or less for new or reconstructed
cupolas.A reduction of uncontrolled CO emissions by at least 99 percent.

(3) Limit emissions of hydrogen fluoride (HF) from each existing, new,
or reconstructed cupola to 0.014 lb of HF per ton of melt or less.

(4) Limit emissions of hydrogen chloride (HCl) from each existing, new,
or reconstructed cupola to 0.0096 lb of HCl per ton of melt or less.

(b) You must meet the following operating limits for each cupola:

(1) Begin within one hour after the alarm on a bag leak detection system
sounds, and complete in a timely manner, corrective actions as specified
in your operations, maintenance, and monitoring plan required by
§63.1187 of this subpart.

(2) When the alarm on a bag leak detection system sounds for more than
five percent of the total operating time in a six-month reporting
period, develop and implement a written quality improvement plan (QIP)
consistent with the compliance assurance monitoring requirements of
§64.8(b)–(d) of 40 CFR part 64.

(3) Additionally, for each new or reconstructed cupola, maintain the
operating temperature of the incinerator so that the average operating
temperature for each three-hour block period never falls below the
average temperature established during the performance test.

§63.1179  For combined collection/curing operations ovens, what
standards must I meet?

(a) You must control emissions from each existing, new, or reconstructed
combined collection/curing oven operation by limiting emissions of
formaldehyde, phenol, and methanol to either of the following:

(1) For combined drum collection/curing operations: 0.03 kg of
formaldehyde per MG (0.06 lb of formaldehyde per ton) of melt or less.

(i) 0.067 lb of formaldehyde per ton of melt or less,

(ii) 0.0023 lb of phenol per ton of melt or less, and

(iii) 0.00077 lb of methanol per ton of melt or less.

(2) For combined horizontal collection/curing operations:

(i) 0.054 lb of formaldehyde per ton of melt or less,

(ii) 0.15 lb of phenol per ton of melt or less, and

(iii) 0.022 lb of methanol per ton of melt or less.A reduction of
uncontrolled formaldehyde emissions by at least 80 percent.

(3) For combined vertical collection/curing operations:

(i) 0.46 lb of formaldehyde per ton of melt or less,

(ii) 0.52 lb of phenol per ton of melt or less, and

(iii) 0.63 lb of methanol per ton of melt or less.

(b) You must meet the following operating limits for each combined
collection/curing ovenoperations subcategory:

(1) Maintain the free-formaldehyde content of each resin lot and the
formaldehyde content of each binder formulation at or below the
specification ranges of the resin and binder used during the performance
test.

(2) Maintain the operating temperature of each incinerator so that the
average operating temperature for each three-hour block period never
falls below the average temperature established during the performance
test.

§63.1180  When must I meet these standards?

(a) Existing cupolas and combined collection/curing ovensoperations. (1)
Except as noted in paragraph (2) of this section, the compliance date
for an owner or operator of an existing plant or source subject to the
provisions of this subpart is June 2, 2002 or June 3, 2003 if you
applied for and received a one-year extension under section
112(i)(b)(3)(B) of the Act.

(2) The compliance dates for existing plants and sources are:

(i) [INSERT DATE 3 YEARS AFTER PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER] for cupolas and combined collection/curing operations
subject to emission limits in §§63.1178 and 63.1179 which became
effective [INSERT DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER].

(ii) [INSERT DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER] for the provisions related to malfunctions and affirmative
defense provisions of paragraph (e) of this section and the electronic
reporting provisions of §§63.1192(d) and 63.1193(b)(1) and (g).

. You must install any control devices and monitoring equipment
necessary to meet the standards in this subpart, complete performance
testing, and demonstrate compliance with all requirements of this
subpart no later than the following:

(1) June 2, 2002; or

(2) June 3, 2003 if you apply for and receive a one-year extension under
section 112(i)(3)(B) of the Act.

(b) New and reconstructed cupolas and combined collection/curing ovens.
For affected sources that commenced construction or reconstruction after
[INSERT DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL
REGISTER], you must demonstrate compliance with the requirements of this
subpart no later than the effective date of the rule or upon
start-up.You must install any control devices or monitoring equipment
necessary to meet the standards in this subpart, complete performance
testing, and demonstrate compliance with all requirements of this
subpart by the dates in §63.7 of the general provisions in subpart A of
this part.

(c) You must comply with the standards in §§63.1178 and 63.1179 of
this subpart on and after the dates in paragraphs (a) and (b) of this
section.

(d) See §63.1197 for requirements during startups and shutdowns. You
must comply with these standards at all times except during periods of
startup, shutdown, or malfunction.

(e) Affirmative Defense for Exceedance of Emissions limits During
Malfunction. In response to an action to enforce the standards set forth
in this subpart, you may assert an affirmative defense to a claim for
civil penalties for exceedances of such standards that are caused by
malfunction, as defined at §63.2. Appropriate penalties may be
assessed, however, if you fail to meet your burden of proving all of the
requirements in the affirmative defense. The affirmative defense must
not be available for claims for injunctive relief.

(1) To establish the affirmative defense in any action to enforce such a
limit, you must timely meet the notification requirements in §63.1191
of this subpart, and must prove by a preponderance of evidence that:

(i) The excess emissions:

(A) Were caused by a sudden, infrequent, and unavoidable failure of air
pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner; and

(B) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and

(C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and

(D) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance.

(ii) Repairs were made as expeditiously as possible when the applicable
emissions limitations were being exceeded. Off-shift and overtime labor
were used, to the extent practicable to make these repairs; and

(iii) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and

(iv) If the excess emissions resulted from a bypass of control equipment
or a process, then the bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage; and

(v) All possible steps were taken to minimize the impact of the excess
emissions on ambient air quality, the environment and human health; and

(vi) All emissions monitoring and control systems were kept in operation
if at all possible, consistent with safety and good air pollution
control practices; and

(vii) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and

(viii) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and

(ix) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis must also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.

(2) Notification. The owner or operator of the affected source
experiencing an exceedance of its emissions limit(s) during a
malfunction, must notify the Administrator by telephone or facsimile
transmission as soon as possible, but no later than two business days
after the initial occurrence of the malfunction, s/he wishes to be able
to use an affirmative defense to civil penalties for that malfunction.
The owner or operator seeking to assert an affirmative defense, must
also submit a written report to the Administrator within 45 days of the
initial occurrence of the exceedance of the standards in this subpart.
This report must demonstrate that the owner/operator met the
requirements set forth in paragraph (e) of this section and must include
all necessary supporting documentation. The owner or operator may seek
an extension of this deadline for up to 30 additional days by submitting
a written request to the Administrator before the expiration of the 45
day period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedance.

Compliance With Standards

§63.1181  How do I comply with the particulate matter standards for
existing, new, and reconstructed cupolas?

To comply with the PM standards, you must meet all of the following:

(a) Install, adjust, maintain, and continuously operate a bag leak
detection system for each fabric filter.

(b) Do a performance test as specified in §63.1188 of this subpart and
show compliance with the PM emission limits while the bag leak detection
system is installed, operational, and properly adjusted.

(c) Begin corrective actions specified in your operations, maintenance,
and monitoring plan required by §63.1187 of this subpart within one
hour after the alarm on a bag leak detection system sounds. Complete the
corrective actions in a timely manner.

(d) Develop and implement a written QIP consistent with compliance
assurance monitoring requirements of 40 CFR 64.8(b) through (d) when the
alarm on a bag leak detection system sounds for more than five percent
of the total operating time in a six-month reporting period.

§63.1182  How do I comply with the carbon monoxidecarbonyl sulfide,
hydrogen fluoride, and hydrogen chloride standards for existing, new,
and reconstructed cupolas?

To comply with the COS, HF, and HCl standards, you must meet all of the
following:

(a) Install, calibrate, maintain, and operate a device that continuously
measures the operating temperature in the firebox of each thermal
incinerator. For the purposes of this rule, the term ‘incinerator’
means ‘regenerative thermal oxidizer’ (RTO).

(b) Do Conduct a performance test as specified in §63.1188 of this
subpart and that shows compliance with the COS, HF, and HCl emissions
limits while the device for measuring incinerator (regenerative thermal
oxidizer) operating temperature is installed, operational, and properly
calibrated. Establish the average operating temperature as specified in
§63.1185(a) of this subpart.

(c) Following the performance test, measure and record the average
operating temperature of the incinerator as specified in §63.1185(b) of
this subpart.

(d) Maintain the operating temperature of the incinerator so that the
average operating temperature for each three-hour block period never
falls below the average temperature established during the performance
test.

(e) Operate and maintain the incinerator as specified in your
operations, maintenance, and monitoring plan required by §63.1187 of
this subpart.

§63.1183  How do I comply with the formaldehyde, phenol, and methanol
standards for existing, new, and reconstructed combined
collection/curing operationsovens?

To comply with the formaldehyde, phenol, and methanol standards, you
must meet all of the following:

(a) Install, calibrate, maintain, and operate a device that continuously
measures the operating temperature in the firebox of each thermal
incinerator.

(b) Do Conduct a performance test as specified in §63.1188 of this
subpart while manufacturing the product that requires a binder
formulation made with the resin containing the highest free-formaldehyde
content specification range. Show compliance with the formaldehyde,
phenol, and methanol emissions limits while the device for measuring
incinerator the control device operating temperature is installed,
operational, and properly calibrated. Establish the average operating
temperature as specified in §63.1185(a) of this subpart.

(c) During the performance test that uses the binder formulation made
with the resin containing the highest free-formaldehyde content
specification range, record the free-formaldehyde content specification
range of the resin used, and the formulation of the binder used,
including the formaldehyde content and binder specification.

(d) Following the performance test, monitor and record the
free-formaldehyde content of each resin lot and the formulation of each
batch of binder used, including the formaldehyde, phenol, and methanol
content.

(e) Maintain the free-formaldehyde content of each resin lot and the
formaldehyde, phenol, and methanol content of each binder formulation at
or below the specification ranges established during the performance
test.

(f) Following the performance test, measure and record the average
operating temperature of the incinerator as specified in §63.1185(b) of
this subpart.

(g) Maintain the operating temperature of the incinerator so that the
average operating temperature for each three-hour block period never
falls below the average temperature established during the performance
test.

(h) Operate and maintain the incinerator as specified in your
operations, maintenance, and monitoring plan required by §63.1187 of
this subpart.

(i) With prior approval from the Administrator, you may do short-term
experimental production runs using resin where the free-formaldehyde
content, or binder formulations where the formaldehyde content, is
higher than the specification ranges of the resin and binder used during
previous performance tests, or using experimental pollution prevention
process modifications without first doing additional performance tests.
Notification of intent to perform a short-term experimental production
run must include the following information:

(1) The purpose of the experimental run.

(2) The affected production process.

(3) How the resin free-formaldehyde content or binder formulation will
deviate from previously approved levels or what the experimental
pollution prevention process modifications are.

(4) The duration of the experimental run.

(5) The date and time of the experimental run.

(6) A description of any emissions testing to be done during the
experimental run.

Additional Monitoring Information

§63.1184  What do I need to know about the design specifications,
installation, and operation of a bag leak detection system?

A bag leak detection system must meet the following requirements:

(a) The bag leak detection system must be certified by the manufacturer
to be capable of detecting PM emissions at concentrations of 10
milligrams per actual cubic meter (0.0044 grains per actual cubic foot)
or less.

(b) The sensor on the bag leak detection system must provide output of
relative PM emissions.

(c) The bag leak detection system must have an alarm that will sound
automatically when it detects an increase in relative PM emissions
greater than a preset level.

(d) The alarm must be located in an area where appropriate plant
personnel will be able to hear it.

(e) For a positive-pressure fabric filter, each compartment or cell must
have a bag leak detector. For a negative-pressure or induced-air fabric
filter, the bag leak detector must be installed downstream of the fabric
filter. If multiple bag leak detectors are required (for either type of
fabric filter), detectors may share the system instrumentation and
alarm.

(f) Each triboelectric bag leak detection system must be installed,
operated, adjusted, and maintained so that it follows EPA's “Fabric
Filter Bag Leak Detection Guidance” (EPA–454/R–98–015, September
1997). Other bag leak detection systems must be installed, operated,
adjusted, and maintained so that they follow the manufacturer's written
specifications and recommendations.

(g) At a minimum, initial adjustment of the system must consist of
establishing the baseline output in both of the following ways:

(1) Adjust the range and the averaging period of the device.

(2) Establish the alarm set points and the alarm delay time.

(h) After initial adjustment, the range, averaging period, alarm set
points, or alarm delay time may not be adjusted except as specified in
the operations, maintenance, and monitoring plan required by §63.1187
of this subpart. In no event may the range be increased by more than 100
percent or decreased by more than 50 percent over a 365 day period
unless a responsible official as defined in §63.2 of the general
provisions in subpart A of this part certifies in writing to the
Administrator that the fabric filter has been inspected and found to be
in good operating condition.

§63.1185  How do I establish the average operating temperature of an
incinerator?

(a) During the performance test, you must establish the average
operating temperature of an incinerator as follows:

(1) Continuously measure the operating temperature of the incinerator.

(2) Determine and record the average temperatures in consecutive
15-minute blocks.

(3) Determine and record the arithmetic average of the recorded average
temperatures measured in consecutive 15-minute blocks for each of the
one-hour performance test runs.

(4) Determine and record the arithmetic average of the three one-hour
average temperatures during the performance test runs. The average of
the three one-hour performance test runs establishes the temperature
level to use to monitor compliance.

(b) To comply with the requirements for maintaining the operating
temperature of an incinerator after the performance test, you must
measure and record the average operating temperature of the incinerator
as required by §§63.1182 and 63.1183 of this subpart. This average
operating temperature of the incinerator is based on the arithmetic
average of the one-hour average temperatures for each consecutive
three-hour period and is determined in the same manner described in
paragraphs (a)(1) through (a)(4) of this section.

§63.1186  How may I change the compliance levels of monitored
parameters?

You may change control device and process operating parameter levels
established during performance tests and used to monitor compliance if
you do the following:

(a) You must notify the Administrator of your desire to expand the range
of a control device or process operating parameter level.

(b) Upon approval from the Administrator, you must conduct additional
performance tests at the proposed new control device or process
operating parameter levels. Before operating at these levels, the
performance test results must verify that, at the new levels, you comply
with the emission limits in §§63.1178 and 63.1179 of this subpart.

§63.1187   What do I need to know about operations, maintenance, and
monitoring plans?

(a) An operations, maintenance, and monitoring plan must be submitted to
the Administrator for review and approval as part of your application
for the title V permit.

(b) The operations, maintenance, and monitoring plan must include the
following:

(1) Process and control device parameters you will monitor to determine
compliance, along with established operating levels or ranges for each
process or control device.

(2) A monitoring schedule.

(3) Procedures for properly operating and maintaining control devices
used to meet the standards in §§63.1178 and 63.1179 of this subpart.
These procedures must include an inspection of each incinerator at least
once per year. At a minimum, you must do the following as part of an
incinerator inspection:

(i) Inspect all burners, pilot assemblies, and pilot sensing devices for
proper operation. Clean pilot sensor if necessary.

(ii) Ensure proper adjustment of combustion air, and adjust if
necessary.

(iii) Inspect, when possible, all internal structures (such as baffles)
to ensure structural integrity per the design specifications.

(iv) Inspect dampers, fans, and blowers for proper operation.

(v) Inspect motors for proper operation.

(vi) Inspect, when possible, combustion chamber refractory lining.
Clean, and repair or replace lining if necessary.

(vii) Inspect incinerator shell for proper sealing, corrosion, and/or
hot spots.

(viii) For the burn cycle that follows the inspection, document that the
incinerator is operating properly and make any necessary adjustments.

(ix) Generally observe whether the equipment is maintained in good
operating condition.

(x) Complete all necessary repairs as soon as practicable.

(4) Procedures for keeping records to document compliance.

(5) Corrective actions you will take if process or control device
parameters vary from the levels established during performance testing.
For bag leak detection system alarms, example corrective actions that
may be included in the operations, maintenance, and monitoring plan
include:

(i) Inspecting the fabric filter for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
emissions.

(ii) Sealing off defective bags or filter media.

(iii) Replacing defective bags or filter media, or otherwise repairing
the control device.

(iv) Sealing off a defective fabric filter compartment.

(v) Cleaning the bag leak detection system probe, or otherwise repairing
the bag leak detection system.

(vi) Shutting down the process producing the particulate emissions.

Performance Tests and Methods

§63.1188   What performance test requirements must I meet?

You must meet the following performance test requirements:

(a) All monitoring systems and equipment must be installed, operational,
and properly calibrated before the performance tests.

(b) Do Conduct a performance test, consisting of three test runs, for
each cupola and/or combined collection /curing oven operation subject to
this subpart at the maximum production rate to demonstrate compliance
with each of the applicable emission limits in §§63.1178 and 63.1179
of this subpart.

(c) Following the initial performance or compliance test to be conducted
within 120 days of [INSERT PROMULGATION DATE OF THE RULE] you must
conduct a performance test to demonstrate compliance with each of the
applicable emissions limits in §§63.1178 and 63.1179 of this subpart
at least once every 5 years and as often as the raw material ingredients
change by more than 10 percent of those processed during the previous
performance test.

(cd) Measure emissions of PM, COS, HF, HCl from each existing, new, or
reconstructed cupola.

 (d) Measure emissions of PM and CO from each new or reconstructed
cupola.

(e) Measure emissions of formaldehyde, phenol, and methanol from each
existing, new, or reconstructed combined collection/curing
ovenoperation.

(f) Measure emissions at the outlet of the control device if complying
with a numerical emission limit for PM, COS, HF, HCl, or formaldehyde,
phenol, or methanol.or at the inlet and outlet of the control device if
complying with a percent reduction emission limit for CO or
formaldehyde.

(g) To determine the average melt rate, measure and record the amount of
raw materials, excluding coke, charged into and melted in each cupola
during each performance test run. Determine and record the average
hourly melt rate for each performance test run. Determine and record the
arithmetic average of the average hourly melt rates associated with the
three performance test runs. The average hourly melt rate of the three
performance test runs is used to determine compliance with the
applicable emission limits.

(h) Compute and record the average emissions of the three performance
test runs and use the equations in §63.1190 of this subpart to
determine compliance with the applicable emission limits.

(i) Comply with control device and process operating parameter
monitoring requirements for performance testing as specified in this
subpart.

§63.1189   What test methods do I use?

You must use the following test methods to determine compliance with the
applicable emission limits:

(a) Method 1 in appendix A to part 60 of this chapter for the selection
of the sampling port locations and number of sampling ports.

(b) Method 2 in appendix A to part 60 of this chapter for stack gas
velocity and volumetric flow rate.

(c) Method 3 or 3A in appendix A to part 60 of this chapter for oxygen
and carbon dioxide for diluent measurements needed to correct the
concentration measurements to a standard basis.

(d) Method 4 in appendix A to part 60 of this chapter for moisture
content of the stack gas.

(e) Method 5 in appendix A to part 60 of this chapter for the
concentration of PM. Each PM test run must consist of a minimum run time
of three hours and a minimum sample volume of 3.75 dscm (135 dscf).

(f) Method 10 in appendix A to part 60 of this chapter for the
concentration of CO, using the continuous sampling option described in
section 7.1.1 of the method. Each CO test run must consist of a minimum
run time of one hour.

(g) Method 318 in appendix A to this part for the concentration of
formaldehyde, phenol, methanol, or COS.

(h) Method to determine the free-formaldehyde content of each resin lot
in appendix A of this subpart.

(i) Method 26A or 320 in appendix A to this part for the concentration
of HF and HCl.

§63.1190   How do I determine compliance?

(a) Using the results of the performance tests, you must use the
following equation to determine compliance with the PM emission limit:

 	(Eq. 1)

Where:

E 	=	Emission rate of PM, kg/Mg (lb/ton) of melt.

C 	=	Concentration of PM, g/dscm (gr/dscf).

Q 	=	Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).

K 51	=	Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr).

P 	=	Average melt rate, Mg/hr (ton/hr).

b) Using the results of the performance tests, you must use the
following equation to determine compliance with the COS, HF, HCl, and
formaldehyde, phenol, and methanol numerical emission limits:

 	(Eq. 2)

Where:

E 	= 	Emission rate of measured pollutant, kg/Mg (lb/ton) of melt.

C 	= 	Measured volume fraction of pollutant, ppm.

MW 	= 	Molecular weight of measured pollutant, g/g-mole:

COS 	= 	60.07, HF = 20.01, HCl = 36.46CO = 28.01, Formaldehyde = 30.03,
Phenol = 94.11, Methanol = 32.04..

Q 	= 	Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr).

K1	= 	Conversion factor, 1 kg/1,000 g (1 lb/453.6 g).

K2	= 	Conversion factor, 1,000 L/m3 (28.3 L/ft3 ).

K3	= 	Conversion factor, 24.45 L/g-mole.

P 	= 	Average melt rate, Mg/hr (ton/hr).

(c) Using the results of the performance tests, you must use the
following equation to determine compliance with the CO and formaldehyde
percent reduction performance standards:

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where:

%R = Percent reduction, or collection efficiency of the control device.

Li= Inlet loading of pollutant, kg/Mg (lb/ton).

Lo= Outlet loading of pollutant, kg/Mg (lb/ton).

Notification, Recordkeeping, and Reporting

§63.1191  What notifications must I submit?

You must submit written or electronic notifications to the Administrator
as required by §63.9(b)–(h) of the general provisions in subpart A of
this part. Electronic notifications are encouraged when possible. These
notifications include, but are not limited to, the following:

(a) Notification that the following types of sources are subject to the
standard:

(1) An area source that increases its emissions so that it becomes a
major source.

(2) A source that has an initial startup before the effective date of
the standard.

(3) A new or reconstructed source that has an initial startup after the
effective date of the standard and doesn't require an application for
approval of construction or reconstruction under §63.5(d) of the
general provisions in subpart A of this part.

(b) Notification of intention to construct a new major source or
reconstruct a major source where the initial startup of the new or
reconstructed source occurs after the effective date of the standard and
an application for approval of construction or reconstruction under
§63.5(d) of the general provisions in subpart A of this part is
required.

(c) Notification of special compliance obligations for a new source that
is subject to special compliance requirements in §63.6(b)(3) and (4) of
the general provisions in subpart A of this part.

(d) Notification of a performance test at least 60 calendar days before
the performance test is scheduled to begin.

(e) Notification of compliance status.

§63.1192  What recordkeeping requirements must I meet?

You must meet the following recordkeeping requirements:

(a) Maintain files of all information required by §63.10(b) of the
general provisions in subpart A of this part, including all
notifications and reports.

(b) Maintain records of the following information also:

(1) Cupola production (melt) rate (Mg/hr (tons/hr) of melt).

(2) All bag leak detection system alarms. Include the date and time of
the alarm, when corrective actions were initiated, the cause of the
alarm, an explanation of the corrective actions taken, and when the
cause of the alarm was corrected.

(3) The free-formaldehyde content of each resin lot and the binder
formulation, including formaldehyde content, of each binder batch used
in the manufacture of bonded products.

(4) Incinerator operating temperature and results of incinerator
inspections. For all periods when the average temperature in any
three-hour block period fell below the average temperature established
during the performance test, and all periods when the inspection
identified incinerator components in need of repair or maintenance,
include the date and time of the problem, when corrective actions were
initiated, the cause of the problem, an explanation of the corrective
actions taken, and when the cause of the problem was corrected.

(c) Retain each record for at least five years following the date of
each occurrence, measurement, corrective action, maintenance, record, or
report. The most recent two years of records must be retained at the
facility. The remaining three years of records may be retained off site.

(d) Records must be maintained in a form suitable and readily available
for expeditious review, according to §63.10 of the General Provisions
that are referenced in Table 3 to this subpart. Electronic recordkeeping
is encouraged. Retain records on microfilm, on a computer, on computer
disks, on magnetic tape disks, or on microfiche.

(e) Report the required information on paper or on a labeled computer
disk using commonly available and compatible computer software.

§63.1193  What reports must I submit?

You must prepare and submit reports to the Administrator as required by
this subpart and §63.10 of the general provisions in subpart A of this
part. These reports include, but are not limited to, the following:

(a) A performance test report, as required by §63.10(d)(2) of the
general provisions in subpart A of this part, that documents the process
and control equipment operating parameters during the test period, the
test methods and procedures, the analytical procedures, all
calculations, and the results of the performance tests.

(b) (1) As of January 1, 2012 and within 60 days after the date of
completing each performance test, as defined in §63.2, and as required
in this subpart, you must submit performance test data, except opacity
data, electronically to the EPA’s Central Data Exchange by using the
ERT (see http://www.epa.gov/ttn/chief/ert/erttool.html/) or other
compatible electronic spreadsheet. Only data collected using test
methods compatible with the ERT are subject to this requirement to be
submitted electronically into the EPA’s WebFIRE database.A startup,
shutdown, and malfunction plan, as described in §63.6(e)(3) of the
general provisions in subpart A of this part, that contains specific
procedures for operating and maintaining the source during periods of
startup, shutdown, and malfunction and a program of corrective action
for malfunctioning process and control systems used to comply with the
emission standards. In addition to the information required by
§63.6(e)(3), your plan must include the following:

(1) Procedures to determine and record what caused the malfunction and
when it began and ended.

(2) Corrective actions you will take if a process or control device
malfunctions, including procedures for recording the actions taken to
correct the malfunction or minimize emissions.

(3) An inspection and maintenance schedule for each process and control
device that is consistent with the manufacturer's instructions and
recommendations for routine and long-term maintenance.

(c) A report of each event as required by §63.10(b) of the general
provisions in subpart A of this part, including a report if an action
taken during a startup, shutdown, or malfunction is inconsistent with
the procedures in the plan as described in §63.6(e)(3) of the general
provisions in subpart A of this part.

(d) An operations, maintenance, and monitoring plan as specified in
§63.1187 of this subpart.

(e) A semiannual report as required by §63.10(e)(3) of the general
provisions in subpart A of this part if measured emissions exceed the
applicable standard or a monitored parameter varies from the level
established during performance testing. The report must contain the
information specified in §63.10(c) of the general provisions, as well
as the relevant records required by §63.1192(b) of this subpart.

(f) A semiannual report stating that no excess emissions or deviations
of monitored parameters occurred during the reporting period as required
by §63.10(e)(3)(v) of the general provisions in subpart A of this part
if no deviations have occurred.

(g) All reports required by this subpart not subject to the requirements
in paragraph (b) of this section must be sent to the Administrator at
the appropriate address listed in §63.13. If acceptable to both the
Administrator and the owner or operator of a source, these reports may
be submitted on electronic media. The Administrator retains the right to
require submittal of reports subject to paragraph (b) of this section in
paper format.

Other Requirements and Information

§63.1194  Which general provisions apply?

The general provisions in subpart A of this part define requirements
applicable to all owners and operators affected by NESHAP in part 63.
See Table 1 of this subpart for general provisions that apply (or don't
apply) to you as an owner or operator subject to the requirements of
this subpart.

§63.1195  Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA, or a
delegated authority such as the applicable State, local, or Tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or Tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to a State,
local, or Tribal agency.

(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or Tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or Tribal agency.

(c) The authorities that cannot be delegated to State, local, or Tribal
agencies are as specified in paragraphs (c)(1) through (4) of this
section.

(1) Approval of alternatives to the requirements in §§63.1177 through
63.1180.

(2) Approval of major alternatives to test methods under
§63.7(e)(2)(ii) and (f), as defined in §63.90, and as required in this
subpart.

(3) Approval of major alternatives to monitoring under §63.8(f), as
defined in §63.90, and as required in this subpart.

(4) Approval of major alternatives to recordkeeping and reporting under
§63.10(f), as defined in §63.90, and as required in this subpart.

[68 FR 37356, June 23, 2003]

§63.1196 What definitions should I be aware of?

Terms used in this subpart are defined in the Act, in §63.2 of the
general provisions in subpart A of this part, and in this section as
follows:

Affirmative defense means, in the context of an enforcement proceeding,
a response or defense put forward by a defendant, regarding which the
defendant has the burden of proof, and the merits of which are
independently and objectively evaluated in a judicial or administrative
proceeding.

Bag leak detection system means a monitoring device for a fabric filter
that identifies an increase in particulate matter emissions resulting
from a broken filter bag or other malfunction and sounds an alarm.

Bonded product means mineral wool to which a hazardous air
pollutant–based binder (containing such hazardous air pollutants as
phenol or formaldehyde) has been applied.

CO means, for purposes of this subpart, emissions of carbon monoxide
that serve as a surrogate for emissions of carbonyl sulfide, a compound
included on the list of hazardous air pollutants in section 112 of the
Act.

Combined collection/curing operations means the combination of fiber
collection operations and curing ovens used to make bonded products.

Cupola means a large, water-cooled metal vessel to which is charged a
mixture of fuel, rock, and/or slag, and additives.  As the fuel is
burned, the charged mixture is heated to a molten state for later
processing to form mineral wool.

Curing oven means a chamber in which heat is used to thermoset a binder
on the mineral wool fiber used to make bonded products.

Fabric filter means an air pollution control device used to capture
particulate matter by filtering gas streams through fabric bags. It also
is known as a baghouse.

Formaldehyde means, for the purposes of this subpart, emissions of
formaldehyde that, in addition to being a HAP itself, serve as a
surrogate for organic compounds included on the list of hazardous air
pollutants in section 112 of the Act, including but not limited to
phenol.

Hazardous air pollutant means any air pollutant listed in or pursuant to
section 112(b) of the Act.

I means the owner or operator of a mineral wool production facility.

Incinerator means an enclosed air pollution control device that uses
controlled flame combustion to convert combustible materials to
noncombustible gases. For the purposes of this rule, the term
‘incinerator’ means ‘regenerative thermal oxidizer’ (RTO).

Melt means raw materials, excluding coke, that are charged into the
cupola, heated to a molten state, and discharged to the fiber forming
and collection process.

Melt rate means the mass of molten material discharged from a single
cupola over a specified time period.

Mineral wool means a fibrous glassy substance made from natural rock
(such as basalt), blast furnace slag or other slag, or a mixture of rock
and slag. It may be used as a thermal or acoustical insulation material
or in the making of other products to provide structural strength, sound
absorbency, fire resistance, or other required properties.

New source means any affected source the construction or reconstruction
of which is commenced after May 8, 1997.

PM means, for purposes of this subpart, emissions of particulate matter
that serve as a surrogate for metals (in particulate or volatile form)
on the list of hazardous air pollutants in section 112 of the Act,
including but not limited to: antimony, arsenic, beryllium, cadmium,
chromium, lead, manganese, nickel, and selenium.

You means the owner or operator of a mineral wool production facility.

§63.1197  Startups and shutdowns.

(a) The provisions set forth in this subpart apply at all times.

(b) The owner or operator must not shut down items of equipment that are
utilized for compliance with this subpart.

(c) Table 1 to subpart DDD summarizes the emissions limits during
startups and shutdowns for existing, new, and reconstructed cupolas.

Table 1 to Subpart DDD-Emissions limits During Startups and Shutdowns
for Existing, New, and Reconstructed Cupolas, pound of pollutant per
hour

Pollutant	Emission Limit (lb/hr)

	Existing Cupolas	New and Reconstructed Cupolas

PM	1.0	1.0

COS	32	0.17

HF	0.13	0.13

HCl	0.092	0.092

(d) Table 2 to subpart DDD summarizes the emissions limits during
startups and shutdowns for existing, new, and reconstructed combined
collection/curing operations.

Table 2 to Subpart DDD-Emissions limits During Startups and Shutdowns
for Existing, New, and Reconstructed Combined Collection/Curing
Operations, pound of pollutant per hour

Design	Pollutant	Emission Limit (lb/hr)

Vertical	Formaldehyde	4.5

	Phenol	5.0

	Methanol	6.0

Horizontal	Formaldehyde	0.52

	Phenol	1.4

	Methanol	0.21

Drum	Formaldehyde	0.64

	Phenol	0.022

	Methanol	0.0074

§§63.11987-63.1199   [Reserved]

Table 1 3 to Subpart DDD of Part 63—Applicability of General
Provisions (40 CFR Part 63, Subpart A) to Subpart DDD of Part 63

General provisions

citation	Requirement	Applies to subpart DDD?	Explanation

63.1(a)(1)–(a)(4)	General Applicability	Yes

	63.1(a)(5)

No	[Reserved].

63.1(a)(6)–(a)(8)

Yes

	63.1(a)(9)

No	[Reserved].

63.1(a)(10)–(a)(14)

Yes

	63.1(b)	Initial Applicability Determination	Yes

	63.1(c)(1)	Applicability After Standard Established	Yes

	63.1(c)(2)

Yes	Some plants may be area sources.

63.1(c)(3)

No	[Reserved].

63.1(c)(4)–(c)(5)

Yes

	63.1(d)

No	[Reserved].

63.1(e)	Applicability of Permit Program	Yes

	63.2	Definitions	Yes	Additional definitions in §63.1196.

63.3	Units and Abbreviations	Yes

	63.4(a)(1)–(a)(3)	Prohibited Activities	Yes

	63.4(a)(4)

No	[Reserved].

63.4(a)(5)

Yes

	63.4(b)–(c)	Circumvention/Severability	Yes

	63.5(a)	Construction/Reconstruction Applicability	Yes

	63.5(b)(1)	Existing, New, Reconstructed Sources Requirements	Yes

	63.5(b)(2)

No	[Reserved].

63.5(b)(3)–(b)(6)

Yes

	63.5(c)

No	[Reserved].

63.5(d)	Application for Approval of Construction/Reconstruction	Yes

	63.5(e)	Approval of Construction/Reconstruction	Yes

	63.5(f)	Approval of Construction/Reconstruction Based on State Review
Yes

	63.6(a)	Compliance with Standards and Maintenance Applicability	Yes

	63.6(b)(1)–(b)(5)	New and Reconstructed Sources Dates	Yes

	63.6(b)(6)

No	[Reserved].

63.6(b)(7)

Yes

	63.6(c)(1)	Existing Sources Dates	Yes	§63.1180 specifies compliance
dates.

63.6(c)(2)

Yes

	63.6(c)(3)–(c)(4)

No	[Reserved].

63.6(c)(5)

Yes

	63.6(d)

No	[Reserved].

63.6(e)(1)(i)

No	See 63.1180 for general duty requirement.

63.6(e)(1)(ii)

No

	63.6(e)(1)(iii)

	63.6(e)(1)(iii)

63.6(e)(2)	Operation & Maintenance Requirements	YesNo	§63.1187
specifies additional requirements.

63.6(e)(3)	Startup, Shutdown, and Malfunction Plan	YesNo

	63.6(f)(1)	Compliance with Emission Standards	YesNo

	63.6(g)	Alternative Standard	Yes

	63.6(h)	Compliance with Opacity/VE Standards	No	Subpart DDD does not
include VE/opacity standards.

63.6(i)(1)–(i)(14)	Extension of Compliance	Yes	§63.1180 specifies
date.

63.6(i)(15)

No	[Reserved].

63.6(i)(16)

Yes

	63.6(j)	Exemption from Compliance	Yes

	63.7(a) – (d)	Performance Test Requirements Applicability	Yes

	63.7(b)	Notification	Yes

	63.7(c)	Quality Assurance/Test Plan	Yes

	63.7(d)	Testing Facilities	Yes

	63.7(e)(1)	Conduct of Tests	YesNo	See §63.11808 specifies additional
requirements.

63.7(e)(2)-(e)(4)

Yes

	63.7(f) – (h)	Alternative Test Method	Yes

	63.7(g)	Data Analysis	Yes

	63.7(h)	Waiver of Tests	Yes

	63.8(a) – (b)(1)	Monitoring Requirements Applicability	Yes

	63.8(a)(2)

No	Subpart DDD does not require CMS performance specifications.

63.8(a)(3)

No	[Reserved].

63.8(a)(4)

Yes

	63.8(b)	Conduct of Monitoring	Yes

	63.8(c)(1)(i)–(c)(3)	CMS Operation/Maintenance	YesNo

	63.8(c)(4)–(c)(8)ii)

NoYes	Subpart DDD does not require COMS or CMS performance
specifications.

63.8(c)(2)-(d)(2)

Yes

	63.8(d)(3)	Quality Control	Yes, except for last sentenceNo	Subpart DDD
does not require a CMS quality control program.

63.8(e) – (g)	CMS Performance Evaluation	NoYes	Subpart DDD does not
require CMS performance evaluations.

63.8(f)(1)–(f)(5)	Alternative Monitoring Method	Yes

	63.8(f)(6)	Alternative to RATA Test	No	Subpart DDD does not require
CEMS.

63.8(g)(1)	Data Reduction	Yes

	63.8(g)(2)

No	Subpart DDD does not require COMS or CEMS.

63.8(g)(3)–(g)(5)

Yes

	63.9(a), (b), (c), (e), (g), (h)(1) - (3), (h)(5) and (6), (i), and (j)
Notification Requirements Applicability	Yes

	63.9(b)	Initial Notifications	Yes

	63.9(c)	Request for Compliance Extension	Yes

	63.9(d)	New Source Notification for Special Compliance Requirements	Yes

	63.9(e)	Notification of Performance Test	Yes

	63.9(f)	Notification of VE/Opacity Test	No	Subpart DDD does not include
VE/opacity standards.

63.9(g)	Additional CMS Notifications	No	Subpart DDD does not require CMS
performance evaluation, COMS, or CEMS.

63.9(h)(1)–(h)(3)	Notification of Compliance Status	Yes

	63.9(h)(4)

No	[Reserved].

63.9(h)(5)–(h)(6)

Yes

	63.9(i)	Adjustment of Deadlines	Yes

	63.9(j)	Change in Previous Information	Yes

	63.10(a)	Recordkeeping/Reporting-Applicability	Yes

	63.10(b)(1)	General Recordkeeping Requirements	Yes	§63.1192 includes
additional requirements.

63.10(b)(2)(i)

No

	63.10(b)(2)(ii)

No	See §63.1193(c) for recordkeeping of occurrence and duration of
malfunctions and recordkeeping of actions taken during malfunction.

63.10(b)(2)(iii)

Yes

	63.10(b)(2)(iv)-(b)(2)(v)

No

	63.10(b)(2)(vi)-(b)(2)(xiv)

Yes

	63.(10)(b)(3)

Yes

	63.10(c)(1) – (9)	Additional CMS Recordkeeping	Yes

	63.10(c)(2)–(c)(4)

No	[Reserved].

63.10(c)(5)

Yes

	63.10(c)(6)

No	Subpart DDD does not require CMS performance specifications.

63.10(c)(7)–(c)(8)

Yes

	63.10(c)(9)

No	[Reserved].

63.10(c) (10)–(c11)(13)

YesNo	See §63.1192 for recordkeeping of malfunctions.

63.10(c)(12) - (14)

NoYes	Subpart DDD does not require a CMS quality control program.

63.10(c)(15)

YesNo

	63.10(d)(1) – (4)	General Reporting Requirements	Yes	Additional
requirements in §63.1193.

63.10(d)(2)	Performance Test Results	Yes

	63.10(d)(3)	Opacity or VE Observations	No	Subpart DDD does not include
VE/opacity standards.

63.10(d)( 4)–(d)(5)	Progress Reports/ Startup, Shutdown, and
Malfunction Reports	YesNo	See §63.1193 for reporting of malfunctions.

63.10(e) – (f)(1)–(e)(2)	Additional CMS Reports	NoYes	Subpart DDD
does not require CEMS or CMS performance evaluations.

63.10(e)(3)	Excess Emissions/CMS Performance Reports	Yes

	63.10(e)(4)	COMS Data Reports	No	Subpart DDD does not require COMS.

63.10(f)	Recordkeeping/Reporting Waiver	Yes

	63.11(a)	Control Device Requirements Applicability	YesNo	Flares will
not be used to comply with the emissions limits.

63.11(b)	Flares	No	Flares not applicable.

63.12 to 63.15	State Authority and Delegations	Yes

	63.13	Addresses	Yes

	63.14	Incorporation by Reference	Yes

	63.15	Information Availability/Confidentiality	Yes

	Appendix A to Subpart DDD of Part 63—Free Formaldehyde Analysis of
Insulation Resins by the Hydroxylamine Hydrochloride Method

1. Scope

The method in this appendix was specifically developed for water-soluble
phenolic resins that have a relatively high free-formaldehyde (FF)
content such as insulation resins. It may also be suitable for other
phenolic resins, especially those with a high FF content.

2.
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HCHO + NH2OH:HCl → CH2:NOH + H2O + HCl

b. Free formaldehyde in phenolic resins is present as monomeric
formaldehyde, hemiformals, polyoxymethylene hemiformals, and
polyoxymethylene glycols. Monomeric formaldehyde and hemiformals react
rapidly with hydroxylamine hydrochloride, but the polymeric forms of
formaldehyde must hydrolyze to the monomeric state before they can
react. The greater the concentration of free formaldehyde in a resin,
the more of that formaldehyde will be in the polymeric form. The
hydrolysis of these polymers is catalyzed by hydrogen ions.

2.2  The resin sample being analyzed must contain enough free
formaldehyde so that the initial reaction with hydroxylamine
hydrochloride will produce sufficient hydrogen ions to catalyze the
depolymerization of the polymeric formaldehyde within the time limits of
the test method. The sample should contain approximately 0.3 grams (g)
free formaldehyde to ensure complete reaction within 5 minutes.

3. Apparatus

3.1  Balance, readable to 0.01 g or better.

3.2  pH meter, standardized to pH 4.0 with pH 4.0 buffer and pH 7 with
pH 7.0 buffer.

3.3  50-mL burette for 1.0 N sodium hydroxide.

3.4  Magnetic stirrer and stir bars.

3.5  250-mL beaker.

3.6  50-mL graduated cylinder.

3.7  100-mL graduated cylinder.

3.8  Timer.

4. Reagents

4.1  Standardized 1.0 N sodium hydroxide solution.

4.2  Hydroxylamine hydrochloride solution, 100 grams per liter, pH
adjusted to 4.00.

4.3  Hydrochloric acid solution, 1.0 N and 0.1 N.

4.4  Sodium hydroxide solution, 0.1 N.

4.5  50/50 v/v mixture of distilled water and methyl alcohol.

5. Procedure

5.1  Determine the sample size as follows:

a. If the expected FF is greater than 2 percent, go to Part A in 5.1.c
to determine sample size.

b. If the expected FF is less than 2 percent, go to Part B in 5.1.d to
determine sample size.

c. Part A: Expected FF ≥2 percent.

Grams resin = 60/expected percent FF

I. The following table shows example levels:

Expected percent free formaldehyde	Sample size, grams

2	30.0

5	12.0

8	7.5

10	6.0

12	5.0

15	4.0

ii. It is very important to the accuracy of the results that the sample
size be chosen correctly. If the milliliters of titrant are less than 15
mL or greater than 30 mL, reestimate the needed sample size and repeat
the tests.

d. Part B: Expected FF < 2 percent

Grams resin = 30/expected percent FF

I. The following table shows example levels:

Expected percent free formaldehyde	Sample size, grams

2	15

1	30

0.5	60

ii. If the milliliters of titrant are less than 5 mL or greater than 30
mL, reestimate the needed sample size and repeat the tests.

5.2  Weigh the resin sample to the nearest 0.01 grams into a 250-mL
beaker. Record sample weight.

5.3  Add 100 mL of the methanol/water mixture and stir on a magnetic
stirrer. Confirm that the resin has dissolved.

5.4  Adjust the resin/solvent solution to pH 4.0, using the
prestandardized pH meter, 1.0 N hydrochloric acid, 0.1 N hydrochloric
acid, and 0.1 N sodium hydroxide.

5.5  Add 50 mL of the hydroxylamine hydrochloride solution, measured
with a graduated cylinder. Start the timer.

5.6  Stir for 5 minutes. Titrate to pH 4.0 with standardized 1.0 N
sodium hydroxide. Record the milliliters of titrant and the normality.

6. Calculations

 	(Eq. 3)

7. Method Precision
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This method was prepared by K.K. Tutin and M.L. Foster, Tacoma R&D
Laboratory, Georgia-Pacific Resins, Inc. (Principle written by R. R.
Conner.)

9. References

9.1  GPAM 2221.2.

9.2  PR&C TM 2.035.

9.3  Project Report, Comparison of Free Formaldehyde Procedures,
January 1990, K. Tutin.

Page   PAGE  3  of   NUMPAGES   49


[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Rules and Regulations]
[Pages 39630-39632]
[FR Doc No: 2012-16395]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0276]
RIN 1625-AA08

Special Local Regulations for Marine Events; Potomac River,
National Harbor Access Channel, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations
during the swim segment of the ``Swim Across the Potomac River''
swimming competition, to be held on the waters of the Potomac River on
July 8, 2012. These special local regulations are necessary to provide
for the safety of life on navigable waters during the event. This
action is intended to temporarily restrict vessel traffic in a portion
of the Potomac River and National Harbor Access Channel during the
event.

DATES: This rule is effective on July 8, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0276]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On April 27, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for

Marine Events; Potomac River, National Harbor Access Channel, MD'' in
the Federal Register (77 FR 82). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The potential dangers posed by
persons and vessels operating in close proximity to swimmers crossing
navigation channels make special local regulations necessary. Delaying
the effective date would be contrary to the public interest because it
would require rescheduling the event, which hundreds of people are
involved in. The regulation is necessary to ensure the safety of the
event participants, patrol vessels, support craft and other vessels
transiting the event area.

B. Basis and Purpose

    On July 8, 2012, the National Harbor Marina of Oxon Hill, Maryland,
will sponsor a swimming competition across the Potomac River between
Alexandria, Virginia and Oxon Hill, Maryland. The event consists of up
to 250 swimmers on a 1.3-mile linear course located downriver from the
Woodrow Wilson Memorial (I-495/I-95) Bridge. The swimmers will be
supported by sponsor-provided watercraft. The start will be located at
North Point in Jones Point Park and the finish will be located along
the shore at National Harbor Marina. Portions of the swim course will
cross the Potomac River federal navigation channel and the National
Harbor Access Channel. Due to the need for vessel control during the
event, the Coast Guard will temporarily restrict vessel traffic in the
event area to provide for the safety of participants, spectators and
other transiting vessels.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will prevent traffic from transiting portions of the Potomac River and
National Harbor Access Channel during the event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via the Local
Notice to Mariners and marine information broadcasts, so mariners can
adjust their plans accordingly. Additionally, the regulated area has
been narrowly tailored to impose the least impact on general navigation
yet provide the level of safety deemed necessary. Vessel traffic will
be able to transit safely through a portion of the regulated area, but
only after the last participant has cleared that portion of the
regulated area and when the Coast Guard Patrol Commander deems it safe
to do so.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the effected portions of the Potomac
River, including and National Harbor Access Channel, during the event.
    Although this regulation prevents traffic from transiting portions
of the Potomac River and the National Harbor Access Channel during the
event, this rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only a limited period. Though the regulated
area extends across the entire width of the river, vessel traffic may
be permitted to safely transit a portion of the regulated area, but
only after all participants have safely cleared that portion of the
regulated area and when the Coast Guard Patrol Commander deems it safe
for vessel traffic to do so. All Coast Guard vessels enforcing this
regulated area can be contacted on marine band radio VHF-FM channel 16
(156.8 MHz). Before the enforcement period, we will issue maritime
advisories so mariners can adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 100 applicable to organized marine events on the navigable
waters of the United States that could negatively impact the safety of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-0276 to read as follows:

Sec.  100.35T05-0276  Special Local Regulations for Marine Events;
Potomac River, National Harbor Access Channel, MD.

    (a) Regulated area. The following location is a regulated area: All
waters of the Potomac River, within lines connecting the following
positions: From 38[deg]47'35'' N, longitude 077[deg]02'22'' W, thence
to latitude 38[deg]47'12'' N, longitude 077[deg]00'57'' W, and from
latitude 38[deg]47'24'' N, longitude 077[deg]03'03'' W to latitude
38[deg]46'54'' N, longitude 077[deg]01'09'' W. All coordinates
reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U. S. Coast Guard who
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol vessel, a
vessel or person in the regulated area shall immediately comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (2) Persons desiring to transit the regulated area must first
obtain authorization from the Captain of the Port Baltimore or his
designated representative. To seek permission to transit the area, the
Captain of the Port Baltimore and his designated representatives can be
contacted at telephone number<PHONE_NUMBER> or on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz). All Coast Guard vessels enforcing this
regulated area can be contacted on marine band radio VHF-FM channel 16
(156.8 MHz).
    (3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement period. This section will be enforced from 7 a.m.
until 11 a.m. on July 8, 2012.

    Dated: June 13, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-16395 Filed 7-3-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56720-56722]
[FR Doc No: 2016-19894]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78586; File No. SR-NYSEMKT-2016-62]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of
Proposed Rule Change Amending Section 146 of the NYSE MKT Company Guide
To Adjust the Entitlement to Services of Special Purpose Acquisition
Companies

August 16, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 2, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 146 of the NYSE MKT Company
Guide (the ``Company Guide'') to adjust the entitlement to services of
special purpose acquisition companies. The proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of,

and basis for, the proposed rule change and discussed any comments it
received on the proposed rule change. The text of those statements may
be examined at the places specified in Item IV below. The Exchange has
prepared summaries, set forth in sections A, B, and C below, of the
most significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Section 146 of the Company Guide to
adjust the service entitlements of special purpose acquisition
companies (``SPACs'') under that rule.
    The Exchange offers complimentary products and services for a
period of 24 calendar months from the date of initial listing to a
category of listed companies defined as Eligible New Listings. Eligible
New Listings include: (i) any U.S. company that lists common stock on
the Exchange for the first time and any non-U.S. company that lists an
equity security on the Exchange under Section 101 or 110 of the Company
Guide for the first time, regardless of whether such U.S. or non-U.S.
company conducts an offering, (ii) any U.S. or non-U.S. company that
transfers its listing of common stock or equity securities,
respectively, to the Exchange from another national securities exchange
or (iii) any U.S. or non-U.S. company emerging from a bankruptcy,
spinoff (where a company lists new shares in the absence of a public
offering), and carve-out (where a company carves out a business line or
division, which then conducts a separate initial public offering).
    Eligible New Listings are entitled to receive Web-hosting products
and services (with a commercial value of approximately $16,000
annually), web-casting services (with a commercial value of
approximately $6,500 annually), whistleblower hotline services (with a
commercial value of approximately $4,000 annually), news distribution
products and services (with a commercial value of approximately $20,000
annually) and corporate governance tools (with a commercial value of
approximately $15,000 annually) for a period of 24 calendar months from
the date of initial listing on the Exchange. Notwithstanding the
foregoing, however, if an Eligible New Listing begins to use a
particular product or service provided for under Section 146 within 30
days of its initial listing date, the complimentary period will begin
on the date of first use.
    A SPAC is a special purpose company formed for the purpose of
effecting a merger, capital stock exchange, asset acquisition, stock
purchase, reorganization or similar business combination with one or
more operating businesses or assets. To qualify for initial listing a
SPAC must meet one of the quantitative standards in Section 101 or 102
and also the SPAC-specific requirements of Section 119. At least 90% of
the gross proceeds from the SPAC's initial public offering and any
concurrent sale by the company of equity securities must be deposited
in a trust account maintained by an independent trustee, an escrow
account maintained by an ``insured depository institution'', as that
term is defined in Section 3(c)(2) of the Federal Deposit Insurance
Act, or in a separate bank account established by a registered broker
or dealer (collectively, a ``deposit account''). Under Section 119(b),
within 36 months of the effectiveness of a SPAC's initial public
offering registration statement, or such shorter period that the
company specifies in its registration statement, the company must
complete one or more business combinations having an aggregate fair
market value of at least 80% of the value of the deposit account
(excluding any deferred underwriter's fees and taxes payable on the
income earned on the deposit account) at the time of the agreement to
enter into the initial combination (the ``Business Combination
Condition'').
    The Exchange now proposes to amend Section 146 to exclude newly-
listed SPACs from the definition of Eligible New Listings. In lieu of
receiving these services at the time of initial listing, the proposed
amended rule would treat a SPAC that remains listed after meeting the
Business Combination Condition as an Eligible New Listing and would
provide the services to which that status would entitle it for 24
months from the date of meeting the Business Combination Condition.
    The Exchange believes this approach is appropriate in light of the
special characteristics of a SPAC. SPACs raise money on a one-time
basis and typically trade at a price that is very close to their
liquidation value. As such, SPAC managements are typically not focused
on their stock price and investor relations to the same degree as
operating companies are. As the services provided to Eligible New
Listings are targeted in large part on those market-driven concerns of
newly-listed operating companies, they are less useful to SPACs. A SPAC
that has met the Business Combination Condition, on the other hand, is
similarly situated to a newly-formed publicly-traded operating company
and the Exchange believes that the services provided to Eligible New
Listings will be as relevant and attractive to a SPAC that has met the
Business Combination Condition as to the newly-listed operating
companies that are generally eligible for those services.
    The Exchange believes that companies will often require a period of
time after meeting the Business Combination Condition to complete the
contracting and training process with vendors providing the
complimentary products and services. Therefore, many companies may not
be able to begin using the suite of products offered to them
immediately on becoming eligible. To address this issue, the Exchange
proposes to specify in Section 146 that if a SPAC that has met the
Business Combination Condition begins using a particular service within
30 days after the date of it met [sic] the Business Combination
Condition, the complimentary period begins on such date of first use.
In all other instances, the complimentary period will begin on the date
the SPAC meets the Business Combination Condition.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act, \4\ in general, and furthers the
objectives of Sections 6(b)(4) \5\ of the Act, in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and issuers and other
persons using its facilities. The Exchange also believes that the
proposed rule change is consistent with Section 6(b)(5) \6\ of the Act
in that it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to offer complimentary
products and services to attract and retain listings and respond to
competitive pressures. As SPACs are unlikely to utilize the services
available to them currently at the time of initial listing but would
likely find those services useful if they remain listed after they meet
the Business Combination Condition, the Exchange believes it is
reasonable to shift the time when SPACs are eligible for the services
available to Eligible New Listings to the period

immediately after meeting the Business Combination Condition.
    The Exchange believes that it is not unfairly discriminatory to
provide SPACs with the applicable services only if and when they meet
the Business Combination Condition. The Exchange recognizes that not
all SPACs will meet the Business Combination Condition and that some
listed SPACs will therefore never become eligible for the services that
would be provided to an otherwise similarly qualified operating
company. However, given the specific characteristics of the SPAC
structure, these services are generally not of any particular value to
a SPAC prior to meeting the Business Combination Condition and the
Exchange therefore believes that those SPACs that never qualify for the
services will not suffer any meaningful detriment as a consequence.
    Allowing SPACs up to 30 days after meeting the Business Combination
Condition to start using the complimentary products and services is a
reflection of the Exchange's experience that it can take companies a
period of time to review and complete necessary contracts and training
for services following their becoming eligible for those services.
Allowing this modest 30 day period, if the company needs it, helps
ensure that the company will have the benefit of the full period
permitted under the rule to actually use the services, thus giving
companies the full intended benefit.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In many cases, SPACs will
consider transferring to a new listing venue at the time they meet the
Business Combination Condition. The proposed rule change enables the
Exchange to compete for the retention of these companies by offering
them a package of complimentary products and services that assist their
transition to being a publicly listed operating company for the first
time. All similarly situated companies are eligible for the same
package of services. Therefore, the proposed creation of Section 146 of
the Company Guide will increase competition by enabling the Exchange to
more effectively compete for listings.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-62 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2016-62. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-62 and should
be submitted on or before September 12, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19894 Filed 8-19-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Pages 26865-26866]
[FR Doc No: 2016-10416]

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

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]

Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)

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

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

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

SUMMARY: FMCSA announces that Daimler Trucks North America (Daimler)
has requested a five-year exemption for one of its employees from the
Federal requirement to hold a U.S. commercial driver's license (CDL).
Mr. Henning Oeltjenbruns, general manager of the Daimler Truck Plant in
Cleveland, NC, holds a valid German commercial license and wants to
test drive Daimler vehicles on U.S. roads to better understand product
requirements in ``real world'' environments, and verify results.
Daimler believes the requirements for a German commercial license
ensure that operation under the exemption will likely achieve a level
of safety equivalent to or greater than the level that would be
obtained in the absence of the exemption.

DATES: Comments must be received on or before June 3, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2012-0032 using any of the
following methods:
     Federal eRulemaking Portal: 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 or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    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: For information concerning this
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2012-0032), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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 the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2012-0032'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in 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 and may grant or not grant this application
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
    Section 5206(a)(3) of the ``Fixing America's Surface Transportation
Act,'' (FAST Act) amended 49 U.S.C. 31315 by adding a new paragraph
(b)(2) to permit exemptions for no longer than five years from their
dates of inception, instead of the previous two years. This statutory
provision will be codified in 49 CFR part 381 in a forthcoming
rulemaking.

III. Request for Exemption

    On behalf of Henning Oeltjenbruns, Daimler has applied for a 5-year
exemption from 49 CFR 383.23, which prescribes licensing requirements
for drivers operating CMVs in interstate or intrastate commerce. Mr.
Oeltjenbruns is unable to obtain a CDL in any of the States due to his
lack of residency in the United States. A copy of the application is in
Docket No. FMCSA-2012-0032.
    The exemption would allow Mr. Oeltjenbruns to operate CMVs in
interstate or intrastate commerce to support Daimler field tests
designed to meet future vehicle safety and

environmental requirements and to promote technological advancements in
vehicle safety systems and emissions reductions. Mr. Oeltjenbruns needs
to drive Daimler vehicles on public roads to better understand ``real
world'' environments in the U.S. market. According to Daimler, Mr.
Oeltjenbruns will typically drive for no more than 6 hours per day, and
10 percent of the test driving will be on two-lane state highways,
while 90 percent will be on interstate highways. The driving will
consist of no more than 200 miles per day, during a two-day period on a
quarterly basis. He will in all cases be accompanied by a holder of a
U.S. CDL who is familiar with the routes to be traveled.
    Mr. Oeltjenbruns would be required to comply with all applicable
Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) except
the CDL provisions described in this notice.
    Mr. Oeltjenbruns holds a valid German commercial license, and as
explained by Daimler in its exemption request, the requirements for
that license ensure that the same level of safety is met or exceeded as
if this driver had a U.S. CDL. Furthermore, according to Daimler, Mr.
Oeltjenbruns is familiar with the operation of CMVs worldwide.
    FMCSA has previously determined that the process for obtaining a
German commercial license is comparable to, or as effective as, the
requirements of part 383, and adequately assesses the driver's ability
to operate CMVs in the U.S. Since 2012, FMCSA has granted Daimler
drivers similar exemptions [May 25, 2012 (77 FR 31422); July 22, 2014
(79 FR 42626); March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR
60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR
79410)].

    Issued on: April 27, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10416 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Rules and Regulations]
[Pages 7064-7065]
[FR Doc No: 2014-02577]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0028]

Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the operation of the Galveston Causeway
Railroad Vertical Lift Bridge across the Gulf Intracoastal Waterway,
mile 357.2 west of Harvey Locks, at Galveston, Galveston County, Texas.
The deviation is necessary in order to conduct repairs to the bridge.
These repairs are essential for the continued safe operation of the
bridge. This deviation allows the bridge to remain temporarily closed
to navigation for three hours in the morning and three hours in the
afternoon with an opening in the middle of the day to allow for the
passage of vessels.

DATES: This deviation is effective from 8 a.m. to 3:30 p.m. on
Thursday, February 27, 2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0028] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David Frank, Bridge Administration
Branch, Coast

Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The BNSF Railway Company requested a
temporary deviation from the operating schedule on the Galveston
Causeway Railroad Vertical Lift Bridge across the Gulf Intracoastal
Waterway, mile 357.2 west of Harvey Locks, at Galveston, Galveston
County, Texas.
    The bridge has a vertical clearance of 8 feet above mean high
water, elevation 3.0 feet NAVD88, in the closed-to-navigation position
and 73 feet above mean high water in the open-to-navigation position.
In accordance with 33 CFR 117.5, the draw shall open on signal for the
passage of vessels.
    This temporary deviation allows the vertical lift bridge to remain
closed to navigation from 8 a.m. until 11 a.m. and from 12:30 p.m. to
3:30 p.m. on Thursday, February 27, 2014. During this time, the bridge
owner will troubleshoot the bridge to attempt to correct a popping
noise when trains cross the bridge.
    Navigation at the site of the bridge consists mainly of tows with
barges and some recreational pleasure craft. Due to prior experience,
as well as coordination with waterway users, it has been determined
that this closure will not have a significant effect on these vessels.
No alternate routes are available.
    In accordance with 33 CFR 117.35, the draw bridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: January 27, 2014.
David M. Frank,
Bridge Administrator.
[FR Doc. 2014-02577 Filed 2-5-14; 8:45 am]
BILLING CODE 9110-04-P