Supporting Statement for Information Collection Request Production Line Testing, In use Testing, and Selective Enforcement Auditing Reporting and Recordkeeping Requirements for Manufacturers of Nonroad Spark Ignition Engines At or Below 19 Kilowatts 42 USC 7521 § 206 42 USC 7521 § 213( d) 40 CFR Part 90 October 2003 Certification and Compliance Division Office of Transportation and Air Quality Office of Air and Radiation U. S. Environmental Protection Agency  2 1. Identification of the Information Collection 1 ( a) Title and Number of the Information Collection Production Line Testing, In use Testing, and Selective Enforcement Auditing Reporting and Recordkeeping Requirements for Manufacturers of Nonroad Spark Ignition Engines At or Below 19 Kilowatts, EPA ICR Number 1845.03, OMB Control Number 2060 0427.

1( b) Short Characterization Under Title II of the Clean Air Act ( 42 U. S. C. 7521 et seq.; CAA or the Act), EPA is charged with issuing certificates of conformity for engine prototypes that comply with applicable emission standards. Such a certificate must be issued before engines produced after these prototypes may be legally introduced into commerce. EPA regulations pertaining to spark ignition engines rated at or below 19 kilowatts ( small SI engines) are found at 40 CFR Part 90.

The Act also mandates EPA to verify that manufacturers have successfully translated their certified prototypes into mass produced engines, and that these engines comply with emission standards throughout their useful lives. Under the Productionline Testing ( PLT) Program, manufacturers are required to test a sample of engines as they leave the assembly line. This selfaudit program ( referred to as the " PLT Program") allows manufacturers to monitor compliance with statistical certainty and minimize the cost of correcting errors through early detection. Through Selective Enforcement Audits ( SEAs), EPA verifies that test data submitted by engine manufacturers is reliable and testing is performed according to EPA regulations. Compliance with emission regulations throughout the useful life of an engine is verified through the In use Testing Programs ( In use) under which manufacturers test small SI engines after a number of years of use.

This information is collected by the Engine Programs Group ( EPG), Certification and Compliance Division ( CCD), Office of Transportation and Air Quality ( OTAQ), Office of Air and Radiation ( OAR), U. S. Environmental Protection Agency ( EPA). Besides CCD, this information could be used by the Office of Enforcement and Compliance ( OECA) and the Department of Justice for enforcement purposes. Non confidential portions of the information submitted to EPA could be disclosed in a public database and over the Internet. This information is used by trade associations,  3 environmental groups, and the public. Respondents usually submit this information in an electronic format and EPG stores it in a database.

It has been estimated that a total of 59 small SI engine manufacturers will respond to this collection with an approximate cost of $ 1,591,487.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection EPA's emission certification and compliance programs are statutorily mandated; the agency does not have discretion to cease these functions. Under Section 206( a) of the CAA ( 42 USC 7521), engine manufacturers may not legally introduce their products into US commerce unless EPA has certified that their production complies with applicable emission standards. Section 213( d) extends all emission certification and compliance provisions to nonroad engines and vehicles.

Section 206( b)( 1) of the Act authorizes EPA to inspect and require testing of new vehicles and engines to: ( 1) verify that manufacturer's final product actually complies with EPA standards; ( 2) assure that the correct parts are installed correctly in each engine; and ( 3) audit the manufacturer's testing process to ensure testing is being done correctly. The small SI Production Line Testing Program ( PLT, codified at 40 CFR 90, Subpart H) and the Selective Enforcement Audit Program ( SEA, codified at 40 CFR 90, Subpart F) fulfill these requirements by inspecting and testing engines taken directly from the assembly line and by auditing the engine manufacturer's testing procedures and facilities.

Section 207( b) of the Acts mandates the establishment of methods and testing procedures to ascertain whether certified engines in actual use in fact comply with applicable emission standards throughout their useful lives. The In use Testing Program's ( In use) procedures for small SI engines are codified at 40 CFR 90, Subparts B and M.

2( b) Practical Utility/ Users of the Data EPA uses the information requested to support various enforcement actions as mandated by the CAA. This information collection enables EPA to ensure that small SI engine manufacturers are complying with applicable emission regulations,  4 measure the impact of nonroad engines' emissions on air quality, and take corrective actions as needed.

The information will be received and used by EPG/ CCD/ OTAQ/ OAR. Non confidential portions of the information submitted to EPG is available to and used by importers, environmental groups, members of the public and local, state and federal government organizations.

3. Nonduplication, Consultations and Other Collection Criteria 3( a) Nonduplication The information requested under this ICR is required by statute. Because of its specialized nature, the information collected is not available from any other source. Furthermore, some of the information, such as projected US sales volume, is claimed as confidential business information ( CBI) by manufacturers; therefore EPA can only obtain it if manufacturers submit it.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of the public comment period for this ICR renewal was published in the Federal Register on August 4, 2003 ( 68 Federal Register 45815). No comments were received. A copy of the FR notice is attached.

3( c) Consultations EPA consulted less than ten past respondents regarding this information collection burden.

Contact: Mr. Joe Gulden Company: Echo, Inc. Phone: 847 540 8400 Contact: Mr. C. J. Smith Company: MDT Southwest, Inc. Phone: 480 961 1002 Contact: Mr. Larry D. Smith Jr. Company: Automotive Testing ( Laboratory) Phone: 909 390 1100  5 3( d) Effects of Less Frequent Collection For practical reasons, PLT reports are submitted on a quarterly basis. Manufacturers are required to test up to one percent of their production at random to ensure that mass produced engines comply with emission requirements. If a problem is found, manufacturers must correct it and might need to recall engines that have already been sold. Engine manufacturing companies update their internal production volume reports every quarter. By conducting this quality control testing also on a quarterly basis, manufacturers are able to learn about and address any problems early, before the start of the next quarter's production, thus minimizing costs.

In use testing reports must be submitted annually, within three months of the completion of the required testing. Providing this information to EPA at a less frequent interval would compromise the Agency's ability to expeditiously evaluate the emissions results and determine, in a timely manner, whether inuse small SI engines conform to emission standards. Any delay in making such a determination reduces the universe of engines which will be reached by a potential recall because both engine scrappage and owners' unwillingness to participate in recalls increase with the age of the engine.

SEA information is only collected on occasion, when EPA has reason to believe that an audit of a particular manufacturer is in order.

3( e) General Guidelines According to 40 CFR 90.121( a)( 2), all In use related records must be maintained for eight years, except for routine emission test data such as those reporting the condition of the test cells. Such data need to be kept for one year only ( 90.121( b)). However, " records may be kept in any format and on any media, provided that, at the Administrator's request, organized, written records in English are promptly supplied by the manufacturer" ( 40 CFR 90.121( c)). This requirement stems from the CAA mandate that manufacturers recall engines failing to meet emission standards throughout their useful lives.

Under this information collection, manufacturers are required to submit confidential business information such as sales projections. Furthermore, certain sensitive technical and proprietary information submitted during the certification process could be used during SEAs. This information is kept confidential  6 in accordance with the Freedom of Information Act, EPA regulations at 40 CFR Part 2, and class determinations issued by EPA's Office of General Counsel.

No other general guideline is exceeded by this information collection.

3( f) Confidentiality Manufacturers are allowed to assert a claim of confidentiality over information provided to EPA. Confidentiality is provided in accordance with the Freedom of Information Act and EPA regulations at 40 CFR Part 2.

3( g) Sensitive Questions No sensitive questions are asked in this information collection.

4. Respondents and Information Requested 4( a) Respondents/ NAICS Codes Respondents are manufacturers of nonroad engines within the following North American Industry Classification System ( NAICS) code:

333618 Other Engine Equipment Manufacturing 4( b) Information Requested Information requested under this information collection consists mainly of test results, a description of the engines tested and the conditions under which the tests took place.

It is important to note that, although test information requested generally refers to a single test engine, some of the information refers to the engine family to which that engine belongs. An ` engine family' is a group of engines expected to have similar characteristics. Section 90.116 contains criteria used to group engines into engine families. Each engine family may contain more than one engine model or configuration. Engine emission tests are used as a representation of the emission  7 performance of the entire engine family. For example, when a family is audited under the SEA Program, a number of engines from that engine family is tested to establish with statistical certainty the engine family's emissions performance. If a significant number of engines from a family ( regardless of engine model or configuration) fail the audit, the certificate of conformity with emission standards issued to the corresponding family is suspended. This affects all engine models within the family.

Engine families need to be certified each model year. A ` model year' refers to " the manufacturer's annual new model production period" ( section 90.3), or a calendar year if the manufacturer does not have a model year. Manufacturers may make changes to one or more engine models within a family at any time during the model year. These changes may significantly affect the engine model's, and therefore, the engine family's emission levels. For this reason, all small SI engine programs run on a model year basis.

( i) Data Items Tables A to G list the data items requested under this information collection. Some of these data items are required to be kept in records and submitted only upon request.

A. Production Line Testing ( PLT) Program Only Phase 2 small SI engines are subject to PLT requirements. Phase 2 refers to a second, more stringer tier of emission regulations for small SI engines. The different provisions in these and other small SI emission control programs are design to ease manufacturers' transition from Phase 1 to Phase 2 standards.

Participation in PLT is optional for small volume engine manufacturers and small volume engine families ( see section 5( c) for details). Engine families, regardless of size, for which the manufacturer opts to conduct In use testing are exempt from PLT requirements. All manufacturers and engine families, however, remain subject to SEAs.

Each calendar quarter, participating manufacturers must test a sample of SI engines taken directly from the assembly line. These tests must be performed according to 40 CFR Subpart E, unless EPA approves a variation.

Per 90.704( d), EPA can require manufacturers to submit or  8 retain additional information not specifically listed here.

Table A Information Items Required Under the Production Line Testing Program Per 90.709( e), within 45 days of the end of each quarter, manufacturers must report the following information:

The location and description of the test facilities where testing was conducted 90.709( e)( 1)

Total production and sample size for each engine family 90.709( e)( 2)

Applicable standards and/ or FELs 90.709( e)( 3)

A description of the process used to obtain engines on a random basis 90.709( e)( 4)

A description of the test engine 90.709( e)( 5)

For each test conducted:

A description of the test engine, including engine family and configuration, year, make, build date, engine ID number, and number of hours of service accumulated on engine prior to testing 90.709( e)( 6) ( i)

Location( s) where service accumulation was conducted and description of accumulation procedure and schedule 90.709( e)( 6) ( ii)

Test number, date, test procedure used, initial test results before and after rounding, final test results before and after rounding, and final deteriorated test results for all tests, etc. 90.709( e)( 6) ( iii)

A complete description of any adjustment, modification, repair, preparation, maintenance, and testing which was performed on the test engine, etc. 90.709( e)( 6) ( iv)

A Cum Sum Analysis 90.709( e)( 6) ( v)  9 Any other information the Administrator may request 90.709( e)( 6) ( vi)

For each failed engine, a description of the remedy and test results for all retests as required by Sec. 90.711( g) 90.709( e)( 7)

The date of the end of the engine manufacturer's model year production for each engine family 90.709( e)( 8)

A signed statement ( found at 90.709( e)( 9)) and endorsement by an authorized representative of the manufacturer 90.709( e)( 9)

Upon request, manufacturers must also submit:

Projected production for each configuration within each engine family for which certification has been requested and/ or approved 92.704( c)( 1)

Number of engines, by configuration and assembly plant, scheduled for production or actually produced 92.704( c)( 2)

Table B Recordkeeping Requirements Under the Production Line Testing Program Records must be kept for one year after completion of all testing ( 90.704( b)).

A description of all testing equipment used and each test cell that can be used to perform PLT, in accordance with 90.704 90.704( a)( 1) 90.704( a)( 3)

For each PLT conducted:

The date, time, and location of each test or audit 90.704( a)( 2) ( i)

The number of hours of service accumulated on the test engine when the test began and ended 90.704( a)( 2) ( ii)

The names of all supervisory personnel involved in the conduct of the production line test or audit 90.704( a)( 2) ( iii)  10 A record and description of any adjustment, repair, preparation or modification performed on test engines, giving the date, associated time, justification, name( s) of the authorizing personnel, and names of all supervisory personnel responsible for the conduct of the repair 90.704( a)( 2) ( iv)

If applicable, the date the engine was shipped from the assembly plant, associated storage facility or port facility, and the date the engine was received at the testing facility 90.704( a)( 2) ( v)

A complete record of all PLT emission tests or audits performed ( except tests performed directly by EPA), including all individual worksheets and/ or other documentation relating to each test, or exact copies 90.704( a)( 2) ( vi)

A brief description of any significant events during testing not otherwise described, commencing with the test engine selection process and including such extraordinary events as engine damage during shipment. 90.704( a)( 2) ( vii)

When an engine family fails PLT, its certificate of conformity may be suspended, effective from the time testing was completed ( 40 CFR 90.711). Before suspending a certificate, EPA will work with the affected manufacturer to achieve appropriate production line changes and try to avoid the need to halt engine production. Manufacturers with a suspended certificate must remedy the noncomformity, retest or re audit. After a successful test is completed, the manufacturer must submit a report with the same information required in Table A, per 90.709.

Table C Suspended Certificates and Hearings For EPA to consider reinstating a suspended certificate of conformity, the manufacturer must submit another report with the following information:  11 A description of the reason for the noncompliance, 90.711( h)( 1)

A description of the proposed remedies, including a description of any proposed quality control measures to be taken to prevent future occurrences of the problem, and the date when the remedies will be implemented 90.711( h)( 1)

A demonstration, through testing, that the failed engine family does in fact conform 90.711( h)( 2)

Manufacturers may request a hearing 90.711( j)

Manufacturers may request conditional reinstatement of a revoked certificate while conducting further testing 90.711( m)

If the manufacturer disagrees with the reason for suspension of the certificate, the manufacturer may request a public hearing. The request must be made in writing within 15 days of the revocation. 90.712( b)

Four copies of the request must be filed containing the following information: 90.712 ( b)

A statement as to which configuration( s) within a family will be the subject of the hearing 90.712( c)( 1)

A concise statement of the issues to be raised at the hearing 90.712( c)( 2)

A statement specifying reasons why the manufacturer believes it will prevail on the merits of each of the issues raised 90.712( c)( 3)

A summary of the evidence which supports the manufacturer's position on each of the issues raised 90.712( c)( 4)

B. In use Testing Program In use Testing requirements are different for Phase 1 and Phase 2 engines. Phase 1 In use requirements can be found at section 90.113. 40 CFR 90 Section H contains the In use testing requirements for Phase 2 engines.

B( 1). In use Testing for Phase 1 Engines  12 Each model year, Phase 1 small SI engine manufacturers propose a list of engine families to be included in the Phase 1 In use Testing Program. If the list complies with requirements at section 90.113( c), EPA may approve it or suggest modifications.

In use records, including data generated in the engine procurement process, must be kept for eight years ( 90.113( d)( 2)( ii), 90.113( d)( 3)( ii) and 90.121( a)( 2)).

Table D Information Items Requested Under the In use Testing Program for Phase 1 Engines By January 30 of every year, Phase 1 engine manufacturers may submit the results from all in use tests performed during the previous year. The report may include:

Engine family 90.113( e)( 1)

Model 90.113( e)( 2)

Engine serial number 90.113( e)( 3)

Date of manufacture 90.113( e)( 4)

Estimated hours of use 90.113( e)( 5)

Results of all emission testing 90.113( e)( 6)

Summary of all maintenance and/ or adjustments performed 90.113( e)( 7)

Summary of all modifications and/ or repairs 90.113( e)( 8)

Determinations of compliance or noncompliance 90.113( e)( 9)

B( 2). In use Testing for Phase 2 Engines Participation in the Phase 2 In use Testing Program is voluntary. Manufacturers may make an election to participate by notifying EPA of their intent to conduct in use testing. This election must be made in writing, before the beginning of each model year, and must include a list of engine families they wish to in use test. 40 CFR 90.1203( b) exempts participating engine families from PLT requirements for two model years. Only 20% of a manufacturer's engine families in any given model year may be  13 included in the In use Testing Program.

The program requires that manufacturers randomly select or procure a minimum of three engines from each participating engine family, age and test them in accordance with sections 90.1203 and 90.1204. Manufacturers must complete testing within three years of notifying EPA of their intention to participate, unless otherwise approved by EPA (( Section 90.1203( f)).

Per sections 90.1204( e) and 90.121( a)( 2), all data generated under this program must be kept for eight years.

Table E Information Items Requested Under the Voluntary In use Testing Program for Phase 2 Engines For each Phase 2 small SI engine tested, the manufacturer must submit the following information within 90 days of completion of the testing:

Engine family 90.1205( a)( 1)

Models 90.1205( a)( 2)

Application 90.1205( a)( 3)

Engine serial numbers 90.1205( a)( 4)

Date of manufacture 90.1205( a)( 5)

Hours of use 90.1205( a)( 6)

Date and time of each test attempt 90.1205( a)( 7)

Results ( if any) of each test attempt 90.1205( a)( 8)

Schedules, descriptions and justifications of all maintenance and/ or adjustments performed 90.1205( a)( 9)

Schedules, descriptions and justifications of all modifications and/ or repairs 90.1205( a) ( 10)

A list of engines deleted from the aging process and a technical justification 90.1205( a) ( 11)  14 C. Selective Enforcement Auditing ( SEAs)

All small SI engine manufacturers are subject to be audited by EPA. EPA collects the information needed for SEAs in two stages: First, a limited number of manufacturers is asked to submit their production plans for a specified period of time, as described below. EPA uses this " pre audit" information to efficiently determine which manufacturers and engine models to audit. After a manufacturer has been chosen, EPA issues a test order specifying which engine models and configurations will be tested. When all required testing in completed, manufacturers submit a report containing all testing results. This " audit" information is then used to determine compliance with applicable emission standards.

Per 90.505 ( d), EPA can request manufacturers to submit additional SEA information or keep records not specifically listed in this section.

Table F Pre Audit Data Requested Under the Selective Enforcement Auditing Program Upon EPA's request, engine manufacturers must submit the following information regarding engine production. EPA uses this information to determine which engines will be audited.

Projected US sales data for each engine configuration 90.505( c)( 1)

Number of engines, by configuration and assembly plant, scheduled for production within the time period designated by EPA 90.505( c)( 2)

Number of engines, by configuration and assembly plant, storage facility or port facility, scheduled to be stored during the time period designated by EPA 90.505( c)( 3)

Number of engines, by configuration and assembly plant, produced during the designated period that are complete for introduction into commerce 90.505( c)( 4)  15 Table G Audit Data Requested Under the Selective Enforcement Auditing Program Within five working days after all tests ordered by EPA are completed, manufacturers must submit a report with the following information:

Testing facilities' location and description 90.509( c)( 1)

The applicable standards or compliance levels against which the engines were tested 90.509( c)( 2)

A description of the engine and the method used to select its emission related components 90.509( c)( 3)

For each test conducted: 90.509( c)( 4)

Test engine description 90.509( c)( 4) ( i)

Location where service accumulation was conducted and a description of the procedure 90.509( c)( 4) ( ii)

Test information, raw results, etc. 90.509( c)( 4) ( iii)

A complete description of any modification, repair, preparation, maintenance and/ or testing performed on the engine not previously reported 90.509( c)( 4) ( iv)

If an engine was deleted from the test sequence by authorization of EPA, the reason to delete it. 90.509( c)( 4) ( v)

Any other information requested by EPA 90.509( c)( 4) ( vi)

A statement of compliance and endorsement 90.509( c)( 5)

Manufacturers can request EPA to allow re testing of failed engines 90.508( h)( i)

Table H Recordkeeping Requirements Under the Selective Enforcement Auditing Program Records must be kept for one year after all ordered tests have been completed. Records may be kept in any media, according  16 to the manufacturer's procedures, provided that in every case all the information contained in the hard copy is kept.

General records: a description of all test equipment used 90.505 ( a)( 1)

Individual records for each audit: 90.505 ( a)( 2)

Date, time and location of each test 90.505 ( a)( 2) ( i)

Number of hours accumulated in each engine when testing began 90.505 ( a)( 2) ( ii)

Names of all supervisory personnel involved 90.505 ( a)( 2) ( iii)

Detail records of all repairs performed prior/ after EPA's authorization 90.505 ( a)( 2) ( iv)

Date engine was shipped and date it was received 90.505 ( a)( 2) ( v)

A complete record of all tests performed including worksheets and other documentation required under 90.405, 90.406,90.418, and or 90.425, as applicable. 90.505 ( a)( 2) ( vi)

A brief description of any significant event occurred during the audit 90.505 ( a)( 2) ( vii)

A description of the equipment in each test cell that can be used to perform SEA testing 90.505 ( a)( 3)

( ii) Respondent Activities The activities manufacturers need to perform to comply with the requirements of each program are as follows:

( ii) ( a) Production Line Testing $ Gather/ maintain production data ( customary business practice)

$ Read instructions and regulations $ Train personnel $ Project testing needs and plan schedules $ Select engines to be tested  17 $ Inspect engines to be tested $ Contract an independent facility to test engines ( if needed)

$ Test engines $ Enter data and analyze it $ Prepare and submit reports $ Keep records ( ii) ( b) In use Testing $ Read instructions and regulations $ Train personnel $ Plan activities $ Procure engines $ Ship engines $ Maintain engines $ Contract an independent facility to test engines ( if needed)

$ Test engines $ Enter data and analyze it $ Prepare and submit reports $ Keep records ( ii) ( c) Selective Enforcement Auditing $ Gather/ maintain production data ( customary business practice)

$ Read instructions and regulations $ Provide pre audit information $ Plan activities $ Train personnel $ Test engines $ Enter data and analyze it $ Prepare and submit reports $ Keep records 5. The Information Collected Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities As part of the implementation of the PLT and SEA Programs, EPA officials carry out the following activities:

$ Review and interpret applicable regulations $ Answer questions from manufacturers and the public  18 $ Review submissions for format and completeness, input data into the database $ Analyze data submitted in reports, compare results to standards and FELs $ Request and review additional information as needed $ Periodically perform maintenance or make enhancements to the database $ Make data from completed test programs available to the public, including posting it on the Internet $ Analyze and manage requests for confidentiality $ Take any appropriate enforcement actions $ Keep records of the information submitted by manufacturers and EPA's actions and determinations In addition, when conducting SEAs, the agency must:

$ Request and gather production data from manufacturers $ Make a determination as to which manufacturers and engine families to audit $ Issue a SEA test order $ Travel to the testing laboratory to witness the testing $ Oversee testing, ensure proper procedures are followed, answer questions EPA activities associated with the implementation of the Inuse Testing Programs are similar:

$ Review and interpret regulations $ Answer manufacturers questions $ Evaluate testing programs submitted by manufacturers and ensure that the programs comply with applicable requirements $ Enter data from reports into the database $ Review submissions for format and completeness $ Analyze information submitted $ Keep records $ Request and review additional information, as needed $ Perform maintenance or make enhancements to the database $ Make data from completed test programs available to the public, including posting it on the Internet $ Analyze and manage requests for confidentiality 5( b) Collection Methodology and Management EPA currently makes extensive use of electronic media in gathering and evaluating information from small SI engine manufacturers. Manufacturers submit PLT and In use data in  19 electronic formats. SEA reports can be submitted electronically; however, it is up to the manufacturer to decide how to submit it.

Once the data is received, the information is entered into a database and reviewed for completeness. If the manufacturer chooses to make hard copy submittals, then EPA manually enters the information into the database. The certification reviewer analyses the information to ensure compliance with the CAA and applicable regulations.

In the future, the public will be able to access nonconfidential portions of the testing reports by contacting the EPG or through the Engine Certification Information Center at http:// www. epa. gov/ otaq/ certdata. htm.

5( c) Small Entity Flexibility Participation in the Phase 2 PLT program is optional for ` small volume engine manufacturers' and ` small volume engine families'. A ` small volume engine manufacturer' is, as defined at section 90.3, " for non handheld engines, any engine manufacturer whose total eligible production of non handheld engines [ is] projected at the time of certification of a given model year to be no more than 10,000 non handheld engines." For handheld engines, the term ` small volume engine manufacturer' means " any engine manufacturer whose total eligible production of handheld engines [ is] projected at the time of certification to be no more than 25,000 handheld engines." ` Small volume engine family' is any family, non handheld or handheld, with an eligible production in any given model year of no more than 5,000 engines.

Under the Phase I In use Testing Program, EPA has provided flexibility to engine manufacturers with even larger production volumes. Manufacturers whose total US projected annual production for any given model year is 75,000 engines or less may test a minimum of two engines. This provision, found at 90.113( b)( 2), reduces the cost of the program for manufacturers with limited production. Manufacturers with larger production volumes calculate the minimum amount of engines they need to test by following criteria found at Section 90.113( b)( 1).

Further reductions in burden are achieved by allowing engine manufacturers with annual sales of less than 50,000 engines to obtain, with EPA approval, in use engines from sources associated with itself or its equipment manufacturers. Other engine manufactures must procure engines form sources outside of their and their equipment manufacturers' control.

Under the other programs included in this ICR ( SEA and Phase 2 In use testing), the information being requested is considered  20 to be the minimum needed to effectively maintain the programs' integrity and comply with the requirements of the Clean Air Act. Further measures to simplify reporting requirements for small businesses do not appear prudent or necessary.

5( d) Collection Schedule PLT reports are submitted quarterly, as required by 40 CFR 90.709( e). SEA reports are submitted on occasion, after EPA has concluded an audit.

Under the In use testing program, Phase 1 engine manufacturers must submit, by January 30 of each calendar year, all emission test results generated from in use testing. Phase 2 manufacturers need to submit their reports within 90 days of having completed all in use testing for a given engine family. They have, however, up to three years to complete such testing.

Section 3( d) elaborates on the reasons for this collection schedule.

6. Estimating the Burden and Cost of the Collection Please refer to Tables 2 through 5 for details.

6( a) Estimating Respondent Burden Burden estimates were taken from previous ICRs and adjusted to reflect experience gained by EPA and comments from fewer than 10 respondents consulted by EPA. Burden estimates have also been revised and expanded to address the Office of Management and Budget's Terms of Clearance from its previous approval to this information collection.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs To estimate labor costs, EPA used the Bureau of Labor Statistics' cost estimates for the Engine and Turbines Industry ( SIC 351) and increased by a factor of 110% to account for benefits and overhead. The specific rates used are listed below. These are mean hourly rates.  21 Table 1 Labor Costs Estimates Occupation SOC Code Number Mean Hourly Rate ( BLS) 210%

Mechanical Engineers 17 2141 $ 28.86 $ 60.61 Engineering Managers 11 9041 $ 43.34 $ 91.01 Lawyers 23 1011 $ 44.19 $ 92.80 Secretaries, Except Legal, Medical and Executive 43 6014 $ 14.22 $ 29.86 Mechanical Engineering Technicians 17 3027 $ 21.56 $ 45.28 Engine and Other Machine Assemblers 51 2031 $ 14.74 $ 30.95 Maintenance Workers, Machinery 49 9043 $ 18.57 $ 39.00 Truck Drivers, Heavy and Tractor Trailer 53 3032 $ 18.39 $ 38.62 ( ii) Estimating Capital and Operations and Maintenance Costs Operation and Maintenance costs ( O& M Costs) associated with this information collection include diskettes, photocopying, postage and other shipping expenses, calls, maintenance of emission laboratories, and testing costs. Diskettes are used by manufacturers to submit their electronic applications and to keep records.

Capital costs ( associated with building emission testing facilities) were incurred by manufacturers when the small SI engine industry became regulated for the first time. Therefore, capital costs are excluded from this ICR. EPA does not expect any new engine manufacturers to enter the US market in the next three years and build its own emission testing laboratories. Other emission testing expenses are included as O& M costs as explained above.  22 ( iii) Capital/ Start Up Operations and Maintenance Costs There are no capital or start up costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)

( iv) Annualizing capital costs There are no capital costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)

6( c) Estimating Agency Burden Table 6 below summarizes EPA's labor costs associated with this information collection. These costs are based on hourly wage rates obtained from the Office of Personnel Management and adjusted by a factor of 1.6 to account for benefits and overhead.

Tables 7 through 9 explain EPA's overall burden associated with this information collection.

Table 6 Agency Labor Costs Occupation Hourly Rate 160%

Engineer ( GS 13) $ 33.09 $ 52.94 Lawyers ( GS 13/ 7) $ 39.71 $ 63.54 Managers ( GS 15) $ 45.99 $ 73.58 SES 1 $ 56.00 $ 89.60 6( d) Estimating the Respondent Universe and Total Burden and Costs Based on the number of emission certification applications received for model year 2003, there are 32 Phase 1 small SI engine manufacturers and 39 Phase 2 small SI engine manufacturers in the US market today. The burden estimates for this information collection are based on the information they have submitted to EPA.  23 To estimate the financial burden of engine testing several factors were taken into account: ( 1) whether a manufacturer is capable of performing emission testing in house ( has its own equipment) or contracts an independent facility, and ( 2) the number of tests needed to demonstrate compliance. The number of tests depends on the requirements of each program, the manufacturer's projected US production per engine family, and total number of engine families.

Testing equipment is used for a variety of purposes other than to respond to this information collection, such as Research and Development, and US and foreign certification related testing. The total cost of maintaining these laboratories have been estimated at $ 60,000 per year. This estimate includes the cost of test fuels, calibration gases and equipment. The full amount was included in the small SI certification ICR ( OMB Number 2060 0338), and therefore excluded from this ICR to avoid duplication.

The number of tests manufacturers need to perform under the PLT program depends on several factors described at 90.706. However, per 90.706( b)( 8), the sample size need not exceed the lesser of ( 1) 30 engines per engine family, or ( 2) one percent of the projected annual US production for that engine family. The frequency of testing expressed in each burden table reflects those limits.

Twenty seven manufacturers participate in the PLT program ( Phase 2 only). Twenty six of them own testing facilities. Together, they account for 329 engine families ( 13 engine families per manufacturer) and perform, in average, about 171 tests per engine family to comply with PLT requirements. Only one manufacturer hires an independent laboratory for PLT testing and performs about 30 tests per model year ( one engine family). EPA has estimated the cost of these tests to be $ 2,750 per test ( 30 * $ 2750 = $ 82,500).

In use Program's requirements are different. For Phase 1, manufacturers whose total projected US production volume does not exceed 75,000 engines need to test a minimum of 2 engines per model year ( 90.113( b)( 2)). Those whose total projected US production exceeds 75,000 engines, follow the instruction at 90.113( b)( 1) to determine the minimum number of engines they need to test. Based on model year 2003 data, EPA has calculated that a total of 26 manufacturers with US production of less than 75,000 engines participate in the In use program. Nine of them contract out testing services. Also, EPA estimates that only six manufacturers have projected US production in excess of 75,000 engines. They need to perform, in average, 16 tests per model year to comply.

Phase 2 manufacturers only need to test a minimum of three engines per engine family and can include up to 20% of their  24 engine families in the program. EPA estimates that two engine manufacturers will participate with three engine families each.

Regarding SEAs, EPA has not conducted small SI audits in recent years. However, EPA could conduct approximately 12 SEAs within the next three years. An approximate number of test orders per manufacturer was calculated in accordance with 90.503( f)( 1).

6( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally Table 10 Total Estimated Respondent Burden And Cost Summary Program Number of Respon Number of Activities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Total Costs PLT 27 11 14,278 $ 748,582 0 $ 118,668 $ 867,250 In use Testing Phase1 32 11 10,591 $ 528,366 0 $ 69,310 $ 597,676 In use Testing Phase2 2 10 1,436 $ 69,487 0 $ 2,804 $ 72,291 SEAs 7 8 892 $ 47,510 0 $ 6,760 $ 54,270 Total 59 40 27,197 $ 1,393,945 0 $ 197,542 $ 1,591,487  25 ( ii) The Agency Tally Table 11 Total Estimated Agency Burden And Cost Summary Program Number of Respon Number of Activities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Total Costs PLT 27 10 2,957 $ 156,538 0 $ 786 $ 157,324 In use Testing 32 9 341 $ 18,424 0 $ 513 $ 18,937 SEAs 7 10 293 $ 16,342 0 $ 6,133 $ 22,475 Total 59 29 3,591 $ 191,304 0 $ 7,432 $ 198,736 6( f) Reasons for change in burden The total burden associated with small SI engine emissions compliance programs has decreased significantly from the previous ICR. There are several reasons for this change. First, the learning curve accounted for in the previous ICR has been eliminated. The programs contained in this collection request have been in place for a number of years and by now manufacturers know EPA requirements well. They have also developed their own compliance plans and procedures. Second, EPA has streamlined its reporting requirements and receives reports electronically. All manufacturers use now electronic ways to communicate with EPA and to process data, significantly reducing the time it takes to gather and keep needed information, prepare and submit reports.

6( g) Burden Statement Burden Statement: The annual public reporting and recordkeeping burden for this collection is estimated to average 529 hours per respondent for the Production Line Testing Program, 354 hours per respondent for the In use Testing Programs and 127 hours per respondent for the Selective Enforcement Auditing Program. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide  26 information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR 2003 0145, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Air and Radiation Docket and Information Center is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OAR 2003 0145 and OMB control number ( 2060 0427) in any correspondence.


[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Page 42709]
[FR Doc No: 2023-14055]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2235-000]

Chisholm Trail Solar Energy Holdings LLC; Supplemental Notice
That Initial Market-Based Rate Filing Includes Request for Blanket
Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Chisholm Trail Solar Energy Holdings LLC's application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 17, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 27, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14055 Filed 6-30-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Page 63561]
[FR Doc No: 2016-22169]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension:
     Rule 15Ba2-1 and Form MSD; SEC File No. 270-0088; OMB Control
No. 3235-0083.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for extension of the previously approved
collection of information provided for in Rule 15Ba2-1 (17 CFR
240.15Ba2-1) and Form MSD (17 CFR 249.1100) under the Securities
Exchange Act of 1934 (``Exchange Act'') (17 U.S.C. 78a et seq.).
    Rule 15Ba2-1 provides that an application for registration with the
Commission by a bank municipal securities dealer must be filed on Form
MSD. The Commission uses the information obtained from Form MSD filings
to determine whether bank municipal securities dealers meet the
standards for registration set forth in the Act, to maintain a central
registry where members of the public may obtain information about
particular bank municipal securities dealers, and to develop risk
assessment information about bank municipal securities dealers.
    Based upon past submissions, the staff estimates that approximately
21 respondents will utilize this application procedure annually. The
staff estimates that the average number of hours necessary to comply
with the requirements of Rule 15Ba2-1 and Form MSD is 1.5 hours per
respondent, for a total burden of approximately 31.5 hours per year.
The staff estimates that the average internal compliance cost per hour
is approximately $343. Therefore, the estimated total annual cost of
compliance for the respondents is approximately $10,805.
    Rule 15Ba2-1 does not contain an explicit recordkeeping
requirement, but the rule does require the prompt correction of any
information on Form MSD that becomes inaccurate, meaning that bank
municipal securities dealers need to maintain a current copy of Form
MSD indefinitely. Providing the information on the application is
mandatory in order to register with the Commission as a bank municipal
securities dealer. The information contained in the application will
not be kept confidential.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: September 9, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-22169 Filed 9-14-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Rules and Regulations]
[Page 18295-18297]
[DOCID:fr22ap09-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0222]
RIN 1625-AA00

Safety Zone; April to May Naval Underwater Detonation; Northwest
Harbor, San Clemente Island, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Northwest Harbor of San Clemente Island in support of the
Naval Underwater Detonation. This safety zone is necessary to ensure
non-authorized personnel and vessels remain safe by keeping clear of
the hazardous area during the training activity. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the Captain of the Port
(COTP) or his designated representative.

DATES: This rule is effective from April 1, 2009 through June 1, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0222 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0222
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
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 rule, call or e-mail Petty Officer Kristen Beer, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure the safety of commercial and recreational vehicles in the
vicinity of the Naval Underwater Detonation on the dates and times this
rule will be in effect and delay would be contrary to the public
interest.
    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. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the public's safety.

Background and Purpose

    The Officer in Charge (OIC) of the Southern California Offshore
Range will be conducting intermittent training involving the detonation
of military grade explosives underwater throughout April and May 2009.
This safety zone is necessary to ensure non-authorized personnel and
vessels remain safe by keeping clear of the hazardous area during the
training activity.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced
from April 1, 2009 through June 1, 2009. The limits of the safety zone
will be the navigable waters of the Northwest Harbor of San Clemente
Island bounded by the following coordinates: 33.02'06'' N, 118.35'36''
W; 33.02'00'' N, 118.34'36'' W; thence along San Clemente shoreline to
33.02'06'' N, 118.35'36'' W. This safety zone is necessary to ensure
non-authorized personnel and vessels remain safe by keeping clear of
the hazardous area during the training activities. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the Captain of the Port,
or his designated representative.

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.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size and location of the safety zone. Commercial and
recreational vessels will not be allowed to transit through the
designated safety zone during the specified times while training is
being conducted.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    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 will affect the following entities, some of which
may be small entities: the owners or operators of commercial and
recreational vessels intending to transit or anchor in a portion of the
Northwest Harbor of San Clemente Island from April 1, 2009 through June
1, 2009.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic can pass safely around the safety zone. Although the safety
zone will apply to the harbor, commercial and recreational vessels will
be allowed to pass through the zone with the permission of the Coast
Guard patrol commander. Before the effective period, the Coast Guard
will issue a broadcast notice to mariners (BNM) alert.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

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

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 0023.1 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the temporary
establishment of a safety zone. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295; 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add a new temporary Sec.  165.T11-173 to read as follows:

Sec.  165.T11-173  Safety Zone; April to May Naval Underwater
Detonation; Northwest Harbor, San Clemente Island, CA.

    (a) Location. The limits of the safety zone will include the
navigable waters of the Northwest Harbor of San Clemente Island bounded
by the following coordinates: 33.02'06'' N, 118.35'36'' W; 33.02'00''
N, 118.34'36'' W; thence along the coast of San Clemente Island to
33.02'06'' N, 118.35'36'' W.
    (b) Enforcement Period. This section will be enforced from 12 a.m.
on April 1, 2009 through 12 a.m. on June 1, 2009. If the training is
concluded prior to the scheduled termination time, the COTP will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Commissioned, Warrant, or
Petty Officer of the Coast Guard, Coast Guard Auxiliary, or local,
state, and federal law enforcement vessels who have been authorized to
act on the behalf of the COTP.
    (2) Non-authorized personnel and vessels, means any civilian boats,
fishermen, divers, and swimmers.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the COTP San
Diego or his designated representative.
    (2) Non-authorized personnel and vessels requesting permission to
transit through the safety zone may request authorization to do so from
the COTP San Diego or his designated representative. They may be
contacted on VHF-FM Channel 16, or at telephone number<PHONE_NUMBER>.
    (3) Naval units involved in the exercise are allowed in confines of
the established safety zone.
    (4) All persons and vessels shall comply with the instructions of
the Coast Guard COTP or his designated representative.
    (5) Upon being hailed by U.S. Coast Guard or other official
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
    (6) The Coast Guard may be assisted by other federal, state, or
local agencies and the U.S. Navy.

    Dated: March 27, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-9166 Filed 4-21-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Rules and Regulations]
[Pages 56117-56121]
[FR Doc No: 2019-22876]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 740, and 746

[Docket No.<PHONE_NUMBER>]
RIN 0694-AH90

Restricting Additional Exports and Reexports to Cuba

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to further restrict
exports and reexports of items to Cuba. Specifically, this rule amends
the Cuba licensing policy in the EAR to establish a general policy of
denial for leases of aircraft to Cuban state-owned airlines. This rule
also amends License Exception Aircraft, Vessels and Spacecraft (AVS) to
clarify that aircraft and vessels are not eligible for the license
exception if they are leased to or chartered by a national of Cuba or a
State Sponsor of Terrorism. Additionally, this rule amends the EAR to
establish a general 10-percent de minimis level for Cuba. Finally, this
rule revises License Exception Support for the Cuban People (SCP) to
make the Cuban government and communist party ineligible for certain
donations, removes an authorization for promotional items that
generally benefits the Cuban government, and clarifies the scope of
telecommunications items that the Cuban government may receive without
a license. BIS is making these amendments to further restrict the Cuban
government's access to items subject to the EAR, thereby supporting the
Administration's national security and foreign policy decision to hold
the Cuban regime accountable for its repression of the Cuban people and
its support for the Maduro regime in Venezuela; the Cuban regime denies
its people fundamental freedoms while keeping Maduro in power using
Cuban military intelligence and state security services. These
amendments are consistent with the National Security Presidential
Memorandum on Strengthening the Policy of the United States Toward
Cuba, signed by the President on June 16, 2017.

DATES: This rule is effective October 21, 2019.

FOR FURTHER INFORMATION CONTACT: Alan W. Christian, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On June 16, 2017, President Trump announced changes to U.S. policy
toward Cuba intended to: Enhance compliance with United States law;
channel funds toward the Cuban people and away from the regime;
encourage the Cuban government to address oppression and human rights
abuses; further the national security and foreign policy interests of
the United States, as well as express solidarity with the Cuban people;
and lay the groundwork to improve human rights, encourage the rule of
law, foster free markets and free enterprise, and promote democracy in
Cuba. The President's policy is stated in the National Security
Presidential Memorandum on Strengthening the Policy of the United
States Toward Cuba (NSPM-5), dated June 16, 2017 (82 FR 48875, October
20, 2017). NSPM-5 also directs the Secretary of Commerce, as well as
the Secretaries of State and the Treasury, to take certain actions to
implement the President's Cuba policy. On November 9, 2017, the
Department of Commerce's Bureau of Industry and Security (BIS) and the
Department of the Treasury's Office of Foreign Assets Control (OFAC)
published rules in the Federal Register to implement certain portions
of NSPM-5 (82 FR 51983 and 82 FR 51998, respectively). The Department
of State also published the List of Restricted Entities and Subentities
Associated with Cuba (Cuba Restricted List) (82 FR 52089), which is
used by BIS in reviewing license applications submitted pursuant to the
Export Administration Regulations (EAR) (15 CFR parts 730 through 774)
and by OFAC in prohibiting certain direct financial transactions
pursuant to the Cuban Assets Control Regulations (CACR) (31 CFR part
515). Additional entities and subentities have subsequently been added
to the Cuba Restricted List (83 FR 57523, 84 FR 8939, 84 FR 17228, and
84 FR 36154). Please also see the Department of State's website at:
https://www.state.gov/cuba-sanctions/cuba-restricted-list/.
    On April 17, 2019, the White House announced that the
Administration is holding the Cuban regime accountable for repressing
the Cuban people and supporting the Maduro regime in Venezuela through
multiple actions, including by restricting non-family travel to Cuba,
or in other words, ``veiled tourism.'' BIS and OFAC published rules in
the Federal Register on June 5, 2019, to implement restrictions on non-
family travel to Cuba (84 FR 25986 and 84 FR 25992, respectively).
Additionally, OFAC published a rule in the Federal Register on
September 9, 2019, to remove certain authorizations for remittances to
Cuba and amend the general license relating to ``U-turn'' financial
transactions to eliminate the authorization to process such
transactions and instead only allow the rejection of such transactions
(84 FR 47121).
    The Cuban government has generated revenue or otherwise benefited
from

certain exports and reexports to Cuba. Consequently, BIS is amending
the EAR to further restrict the Cuban government's access to items
subject to the EAR, thereby supporting the Administration's policy to
hold the Cuban regime accountable for its malign activities at home and
abroad. Any party that violates the EAR may be subject to criminal and/
or civil penalties specified in section 1760 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801-4852), and any other sanctions
available under U.S. law.

Specific Amendments in This Rule

Cuba Licensing Policy
    Consistent with the embargo of Cuba, BIS authorization in the form
of a license or license exception is required for the export or
reexport to Cuba of all items subject to the EAR. Section 746.2(b) of
the EAR explains that license applications for the export or reexport
to Cuba of items requiring a license are subject to a general policy of
denial unless otherwise specified in that paragraph. This rule amends
paragraph (b)(2)(v) to remove the general policy of approval for
applications to export or reexport aircraft leased to Cuban state-owned
airlines. Consequently, license applications to lease aircraft to Cuban
state-owned airlines are now subject to the general policy of denial in
Sec.  746.2(b) of the EAR. BIS will also revoke licenses within seven
days, through individual notifications to licensees pursuant to Sec.
750.8 of the EAR, for aircraft leased to Cuban state-owned airlines
under the former policy. BIS is making these changes because the Cuban
government generates revenue from tourists that it transports on leased
aircraft.
License Exception Aircraft, Vessels and Spacecraft (AVS)
    Section 746.2(a)(1) of the EAR identifies the license exceptions,
or portions thereof, that are available for exports and reexports to
Cuba, including paragraphs (a) and (d) of License Exception AVS in
Sec.  740.15 for, respectively, certain aircraft and vessels on
temporary sojourn.
    Paragraph (a) of License Exception AVS authorizes the export or
reexport to Cuba of certain aircraft on temporary sojourn, provided all
of the associated terms and conditions are met. Paragraph (a)(3)
identifies the criteria that must be met if a flight is to qualify as a
temporary sojourn. This rule adds paragraph (a)(3)(x) to clarify that
aircraft leased to or chartered by a Cuban national are not eligible
for License Exception AVS. New paragraph (a)(3)(x) also clarifies that
aircraft are not eligible for License Exception AVS if leased to or
chartered by a national of a destination in Country Group E:1
(Terrorist supporting countries). Additionally, this rule adds Cuba to
restrictions in paragraphs (a)(1)(i) and (ii) of License Exception AVS
regarding the sale or transfer of operational control of foreign
registered aircraft and to restrictions in paragraphs (a)(3)(iv)
through (ix) of License Exception AVS regarding the operational control
of foreign and U.S. registered aircraft. Instead of identifying Cuba by
name, this rule adds references to Country Group E:2 (Unilateral
embargo), which currently only includes Cuba. For consistency, this
rule changes a reference to Cuba in paragraph (a)(2)(ii) of License
Exception AVS to Country Group E:2. This rule also clarifies the
existing list of aircraft eligible for paragraph (a)(2)(i) of License
Exception AVS.
    Paragraph (d) of License Exception AVS authorizes the export or
reexport to Cuba of cargo vessels for hire on temporary sojourn,
provided all of the associated terms and conditions are met. Paragraph
(d)(3) identifies the criteria that must be met if a voyage is to
qualify as a temporary sojourn. This rule adds paragraph (d)(3)(v) to
clarify that vessels leased to or chartered by a Cuban national are not
eligible for License Exception AVS. New paragraph (d)(3)(v) also
clarifies that vessels are not eligible for License Exception AVS if
leased to or chartered by a national of a destination in Country Group
E:1. Additionally, this rule adds Cuba to the restriction in paragraphs
(d)(1)(i) and (ii) of License Exception AVS regarding the sale or
transfer of operational control of foreign flagged vessels and to
restrictions in paragraphs (d)(2)(v) through (vii), (d)(3)(iv), and
(d)(4)(v) through (vii) of License Exception AVS regarding the
operational control of and related activities involving foreign and
U.S. flagged vessels. As is done in paragraph (a), the changes to
paragraph (d) reference Country Group E:2 instead of referencing Cuba
by name.
    License applications for the export or reexport of aircraft or
vessels leased to or chartered by, or on the behalf of, the Cuban
government, including state-owned airlines or other enterprises, will
generally be denied pursuant to the licensing policy in Sec.  746.2(b)
of the EAR. License applications for aircraft or vessels leased to or
chartered by other nationals of Cuba will be reviewed pursuant to the
applicable licensing policy described in Sec.  746.2(b) of the EAR. BIS
is making these changes to License Exception AVS because the Cuban
government has generated revenue or otherwise benefited from the lease
or charter of aircraft and vessels.

De Minimis Rule

    Pursuant to part 734 of the EAR, foreign-made items located abroad
are subject to the EAR under specified circumstances, including when
they incorporate, or are bundled or commingled with, specified levels
of controlled U.S.-origin commodities, software, or technology.
Paragraph (a) of Sec.  734.4 identifies items for which there is no de
minimis level, and thus are subject to the EAR if they contain any
controlled U.S.-origin content, and paragraph (b) identifies special
requirements for certain encryption items. When paragraphs (a) and (b)
of Sec.  734.4 are not applicable, either the 10-percent de minimis
rule described in paragraph (c) or the 25-percent de minimis rule
described in paragraph (d) applies, depending upon the destination of
the items.
    This rule amends Sec.  734.4(d) of the EAR to make Cuba subject to
the general 10-percent de minimis rule in Sec.  734.4(c). Now, a BIS
license or an applicable license exception specified in Sec.
746.2(a)(1) of the EAR is required for the reexport to Cuba of foreign-
made items that contain greater than 10 percent of U.S.-origin content
or, when Sec.  734.4(a) applies, contain any U.S.-origin content.
License applications for such items are subject to a general policy of
denial, unless eligible for another licensing policy described in Sec.
746.2(b) of the EAR. Instead of referencing Cuba by name in Sec.
734.4, this rule makes Cuba subject to the general 10-percent de
minimis rule by referencing Country Group E:2. BIS is making this
change to de minimis because the Cuban government could generate
revenue or otherwise benefit from the receipt of items containing
greater than 10 percent of U.S.-origin content.

License Exception Support for the Cuban People

    License Exception Support for the Cuban People (SCP) in Sec.
740.21 of the EAR was created to authorize certain exports and
reexports to Cuba that are intended to support the Cuban people by
improving their living conditions and supporting independent economic
activity; strengthening civil society in Cuba; and improving the free
flow of information to, from, and among the Cuban people. Items
exported or reexported pursuant to certain provisions of License
Exception SCP may be consigned to or, in some instances, used by the
Cuban

government provided the items would be used to benefit the Cuban
people.
    Paragraph (c)(1) of License Exception SCP authorizes the export or
reexport to Cuba of certain donated items for use in scientific,
archeological, cultural, ecological, educational, historic
preservation, or sporting activities provided specified conditions are
met. This rule amends paragraph (c)(1) to exclude donations to
organizations administered or controlled by the Cuban government or
communist party. Consequently, an exporter or reexporter wanting to
donate items to organizations administered or controlled by the Cuban
government or communist party must submit a license application to BIS,
which will be reviewed pursuant to the licensing policy in Sec.
746.2(b) of the EAR. This change will give the U.S. Government the
opportunity to determine whether donations to those entities would
benefit the Cuban people. Paragraph (c)(1) of License Exception SCP is
still available for eligible donations to the Cuban people and civil
society organizations provided the items would be used to support
activities independent of the Cuban government and communist party.
    Paragraph (d)(1) of License Exception SCP authorizes the export or
reexport to Cuba of certain items for telecommunications infrastructure
creation and upgrades. This rule amends paragraph (d)(1) to clarify
that it is limited to eligible items for the creation and upgrades of
telecommunications infrastructure to improve the free flow of
information to, from, and among the Cuban people. For infrastructure
items that would be used to connect specific end users (i.e., non-
backbone items), those items may be used to connect individual Cubans
or the Cuban private sector only. A license is required for the export
or reexport to Cuba of items for telecommunications infrastructure that
would be used to connect other specific end users (e.g., Cuban
government ministries and state-owned hotels), which will be reviewed
pursuant to the licensing policy in Sec.  746.2(b) of the EAR.
Separately, License Exception Consumer Communications Devices (CCD) in
Sec.  740.19 of the EAR authorizes the export or reexport to Cuba of
certain consumer communications devices for use by eligible individuals
and independent non-governmental organizations.
    This rule also revises paragraph (e)(2) of License Exception SCP to
eliminate an authorization for items to be given away for free for
promotional purposes. This provision regarding such promotional items
has been primarily beneficial to the Cuban government since it has a
virtual monopoly on importing items into the country. However, items
for use by the Cuban private sector for private sector economic
activities remain eligible for paragraph (b)(1) of License Exception
SCP, provided the associated terms and conditions are met. License
applications for the export or reexport of promotional items to the
Cuban government will be reviewed pursuant to the general policy of
denial in Sec.  746.2(b) of the EAR.
    BIS is making these changes to License Exception SCP to ensure that
the Cuban people, not the Cuban government or communist party, benefit
from items exported or reexported pursuant to the license exception.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866.
    2. This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is issued with respect to a
national security function of the United States. This rule supports the
Administration's national security and foreign policy objectives per
the direction provided to agencies in National Security Presidential
Memorandum on Strengthening the Policy of the United States Toward Cuba
(NSPM-5). National Security Presidential Memoranda are used to
promulgate Presidential decisions on national security matters. Thus,
the primary direct benefit of this rule is to improve national
security. Restricting additional exports and reexports to Cuba,
including leased aircraft, will reduce the ability of the Cuban
government, including its military, intelligence, and security
services, to generate revenue or otherwise derive benefits from the use
of items subject to the EAR. Accordingly, this rule meets the
requirements set forth in the April 5, 2017, OMB guidance implementing
E.O. 13771. See https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4801-4852), enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, this action is
exempt from the Administrative Procedure Act (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
    6. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours. BIS expects the burden
hours associated with this collection to minimally increase and have
limited impact on the existing estimates. Any comments regarding the
collection of information associated with this rule, including
suggestions for reducing the burden, may be sent to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 15 CFR chapter VII,
subchapter C, is amended as follows:

PART 734--[AMENDED]

0
1. The authority citation for 15 CFR part 734 is revised to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 8, 2018, 83 FR 56253 (November 9, 2018).

0
2. Section 734.4 is amended by revising the introductory text of
paragraph (d) to read as follows:

Sec.  734.4  De minimis U.S. content.

* * * * *
    (d) 25% De Minimis Rule. Except as provided in paragraph (a) of
this section and subject to the provisions of paragraph (b) of this
section, the following reexports are not subject to the EAR when made
to countries other than those listed in Country Group E:1 or E:2 of
supplement no. 1 to part 740 of the EAR. See supplement no. 2 to this
part for guidance on calculating values.
* * * * *

PART 740--[AMENDED]

0
3. The authority citation for 15 CFR part 740 is revised to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

0
4. Section 740.15 is amended by:
0
a. Revising paragraphs (a)(1)(i) and (ii), (a)(2)(i) introductory text,
(a)(2)(ii) introductory text, (a)(3) introductory text, and (a)(3)(iv),
(v), (vi), (vii), (viii), and (ix);
0
b. Adding paragraph (a)(3)(x);
0
c. Revising paragraphs (d)(1)(i) and (ii), (d)(2)(v), (vi), and (vii),
and (d)(3)(iv);
0
d. Adding paragraph (d)(3)(v); and
0
e. Revising paragraphs (d)(4)(v), (vi), and (vii).
    The revisions and additions read as follows:

Sec.  740.15  Aircraft, Vessels and Spacecraft (AVS).

* * * * *
    (a) * * *
    (1) * * *
    (i) No sale or transfer of operational control of the aircraft to a
national of a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part) has occurred while in the United States;
    (ii) The aircraft is not departing for the purpose of sale or
transfer of operational control to a national of a destination in
Country Group E:1 or E:2 (see supplement no. 1 to this part); and
* * * * *
    (2) U.S. registered aircraft. (i) A civil aircraft of U.S. registry
operating under an Air Carrier Operating Certificate, Commercial
Operating Certificate, or Air Taxi Operating Certificate issued by the
Federal Aviation Administration (FAA) or conducting flights under
operating specifications approved by the FAA pursuant to 14 CFR part
129, or an air ambulance of U.S. registry operating under 14 CFR part
135, may depart from the United States under its own power for any
destination, provided that:
* * * * *
    (ii) Any other operating civil aircraft of U.S. registry may depart
from the United States under its own power for any destination, except
to or a destination in Country Group E:1 or E:2 (see supplement no. 1
to this part) (flights to these destinations require a license),
provided that:
* * * * *
    (3) Criteria. The following ten criteria each must be met if the
flight is to qualify as a temporary sojourn. To be considered a
temporary sojourn, the flight must not be for the purpose of sale or
transfer of operational control. An export is for the transfer of
operational control unless the exporter retains each of the following
indicia of control:
* * * * *
    (iv) Place of maintenance. Right to perform or obtain the principal
maintenance on the aircraft, which principal maintenance is conducted
outside a destination in Country Group E:1 or E:2 (see supplement no. 1
to this part), under the control of a party who is not a national of
any of these countries. (The minimum necessary in-transit maintenance
may be performed in any country).
    (v) Location of spares. Spares are not located in a destination in
Country Group E:1 or E:2 (see supplement no. 1 to this part).
    (vi) Place of registration. The place of registration is not
changed to a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part).
    (vii) Transfer of technology. No technology is transferred to a
national of a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part), except the minimum necessary for in-transit
maintenance to perform flight line servicing required to depart safely.
    (viii) Color and logos. The aircraft does not bear the livery,
colors, or logos of a national of a destination in Country Group E:1 or
E:2 (see supplement no. 1 to this part).
    (ix) Flight number. The aircraft does not fly under a flight number
issued to a national of a destination in Country Group E:1 or E:2 (see
supplement no. 1 to this part) as such number appears in the Official
Airline Guide.
    (x) Lease or charter. The aircraft is not leased to or chartered by
a national of a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part).
* * * * *
    (d) * * *
    (1) * * *
    (i) No sale or transfer of operational control of the vessel to a
national of a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part) has occurred while in the United States;
    (ii) The vessel is not departing for the purpose of sale or
transfer of operational control to a national of a destination in
Country Group E:1 or E:2 (see supplement no. 1 to this part); and
* * * * *
    (2) * * *
    (v) Spares for the vessel are not located in a destination in
Country Group E:1 or E:2 (see supplement no. 1 to this part);
    (vi) Technology is not transferred to a national of a destination
in Country Group E:1 or E:2 (see supplement no. 1 to this part), except
the minimum necessary in-transit maintenance to perform servicing
required to depart and enter a port safely; and
    (vii) The vessel does not bear the livery, colors, or logos of a
national of a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part).
    (3) * * *
    (iv) Place of maintenance. Right to perform or obtain the principal
maintenance on the vessel, which principal maintenance is conducted
outside a destination in Country Group E:1 or E:2 (see supplement no. 1
to this part), under the control of a party who is not a national of
any of these countries. (The minimum necessary in-transit maintenance
may be performed in any country).
    (v) Lease or charter. The vessel is not leased to or chartered by a
national of a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part).

    (4) * * *
    (v) Spares for the vessel are not located in a destination in
Country Group E:1 or E:2 (see supplement no. 1 to this part);
    (vi) Technology is not transferred to a national of a destination
in Country Group E:1 or E:2 (see supplement no. 1 to this part), except
the minimum necessary in-transit maintenance to perform servicing
required to depart and enter a port safely; and
    (vii) The vessel does not bear the livery, colors, or logos of a
national of a destination in Country Group E:1 or E:2 (see supplement
no. 1 to this part).
* * * * *

0
5. Section 740.21 is amended by:
0
a. Revising paragraphs (c)(1) and (d)(1); and
0
b. Removing and reserving paragraph (e)(2).
    The revisions read as follows:

Sec.  740.21   Support for the Cuban People (SCP).

* * * * *
    (c) * * *
    (1) The export or reexport to Cuba of donated items for use in
scientific, archaeological, cultural, ecological, educational, historic
preservation, or sporting activities. The items may not be donated to
organizations administered or controlled by the Cuban government or
communist party, and must support eligible activities independent of
the Cuban government and communist party. The activities may not relate
to the ``development,'' ``production,'' ``use,'' operation,
installation, maintenance, repair, overhaul or refurbishing of any item
enumerated or otherwise described on the United States Munitions List
(22 CFR part 121) or of any item enumerated or otherwise described on
the Commerce Control List (supplement no. 1 to part 774 of the EAR)
unless the only reason for control that applies to that item, as set
forth in the ECCN that controls that item, is anti-terrorism.
* * * * *
    (d) * * *
    (1) The export or reexport to Cuba of items for the creation and
upgrade of telecommunications infrastructure to improve the free flow
of information to, from, and among the Cuban people, including
infrastructure that enables access to the internet and use of internet
services. For infrastructure items that would be used to connect
specific end users, those items may be used to connect individual
Cubans or the Cuban private sector only (e.g., not Cuban government
ministries or state-owned enterprises).
* * * * *

PART 746--[AMENDED]

0
6. The authority citation for 15 CFR part 746 is revised to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 8, 2019, 84 FR
20537 (May 10, 2019).

0
7. Section 746.2 is amended by revising paragraph (b)(2)(v) to read as
follows:

Sec.  746.2  Cuba.

* * * * *
    (b) * * *
    (2) * * *
    (v) Items necessary to ensure the safety of civil aviation and the
safe operation of commercial aircraft engaged in international air
transportation, excluding the export or reexport of such aircraft
leased to state-owned enterprises; and
* * * * *

    Dated: October 15, 2019.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2019-22876 Filed 10-18-19; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37231-37232]
[FR Doc No: 2016-13618]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
     Rule 155; SEC File No. 270-492, OMB Control No. 3235-0549.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 155 (17 CFR 230.155) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) provides safe harbors for a registered offering of
securities following an abandoned private offering, or a private
offering following an abandoned registered offering, without
integrating the registered and private offerings in either case. In
connection with a registered offering following an abandoned private
offering, Rule 155 requires an issuer to include in any prospectus
filed as a part of a registration statement disclosure regarding the
abandoned the private offering. Similarly, the rule requires an issuer
to provide each offeree in a private offering following an abandoned
registered offering with: (1) Information concerning the withdrawal of
the registration statement; (2) the fact that the private offering is
unregistered; and (3) the legal implications of the offering's
unregistered status. We estimate Rule 155 takes approximately 4 hours
per response to prepare and is filed by 600 respondents annually.
    We estimate that 50% of the 4 hours per response (2 hours per
response) is prepared by the filer for a total annual reporting burden
of 1,200 hours (2 hours per response x 600 responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: June 3, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-13618 Filed 6-8-16; 8:45 am]
 BILLING CODE 8011-01-P