[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Pages 72355-72356]
[FR Doc No: 2012-29321]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No FDA-2012-N-0273]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Review; Experimental Study of
Graphic Cigarette Warning Labels

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
reinstatement collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995 (the PRA).

DATES: Fax written comments on the collection of information by January
4, 2013.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0668.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.
    The Tobacco Control Act (Pub. L. 111-31) amends the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) to grant FDA authority to
regulate the manufacture, marketing, and distribution of tobacco
products to protect the public health and to reduce tobacco use by
minors.
    The purpose of this submission is to request OMB approval to
conduct Web-based surveys to evaluate the relative effectiveness of
various graphic health warnings on cigarette packs, which will inform
the Agency's efforts to implement the mandatory graphic warnings
required by the Tobacco Control Act.

Experimental Study of Graphic Cigarette Warning Labels (OMB Control
Number 0910-0668--Reinstatement)

    The current approval for this information collection expired
October 31, 2012. FDA seeks to reinstate the collection and to reflect
that there is no change in the reporting burden. At this time, the
Agency is not collecting the information, but awaits OMB review and
approval, and therefore believes that we are not in violation of the
PRA.
    Tobacco products are responsible for more than 400,000 deaths each
year. The Centers for Disease Control and Prevention report that
approximately 46 million U.S. adults smoke cigarettes in the United
States, even though this behavior will result in death or disability
for half of all regular users. Paralleling this enormous health burden
is the economic burden of tobacco use, which is estimated to total $193
billion annually in medical expenditures and lost productivity. Curbing
the significant adverse consequences of tobacco use is one of the most
important public health goals of our time.
    On June 22, 2009, the President signed the Tobacco Control Act
(Pub. L. 111-31) into law. The Tobacco Control Act granted FDA
authority to regulate the manufacture, marketing, and distribution of
tobacco products to protect the public health generally and to reduce
tobacco use by minors. Section 201 of the Tobacco Control Act, which
amends section 4 of the Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1333), requires FDA to issue ``regulations that require
color graphics depicting the negative health consequences of smoking to
accompany the label statements specified in subsection (a)(1).'' The
study proposed here is an effort by FDA to collect data concerning
graphic warnings on cigarette packages and their impact on consumer
perceptions, attitudes, and behavior with respect to smoking.
    On June 22, 2011, FDA issued a final rule in the Federal Register
of June 22, 2011 (76 FR 36628), entitled ``Required Warnings for
Cigarette Packages and Advertisements,'' which specified nine graphic
images to accompany the new textual warnings for cigarettes. Although
the rule was scheduled to become effective 15 months after it issued, a
panel of the U.S. Court of Appeals of the District of Columbia held, on
August 24, 2012, that the rule in its current form violates the First
Amendment. FDA expects that the information that FDA proposes to
collect will be relevant to FDA's regulation of cigarette warnings no
matter the final outcome of the current litigation.
    This study, the Experimental Study of Graphic Cigarette Warning
Labels, is a voluntary annual experimental survey of consumers. The
purpose of the study is to assess the effectiveness of various graphic
warnings on cigarette packs for achieving three communication goals:
(1) Conveying information about various health risks of smoking; (2)
encouraging cessation of smoking among current smokers; and (3)
discouraging initiation of smoking among youth and former smokers. The
study will collect data from various groups of consumers, including
current smokers aged 13 years and older, former smokers aged 13 years
and older, and non-smokers aged between 13 and 25 years who may be
susceptible to initiation of smoking. The study goals are to: (1)
Measure consumer attitudes, beliefs, and intended behaviors related to
cigarette smoking in response to graphic warning labels; (2) determine
whether consumer responses to graphic warning labels differ across
various groups based on smoking status, age, or other demographic
variables; and (3) evaluate the relative effectiveness of various
graphic images associated with each of the nine warning statements
specified in

the Tobacco Control Act for achieving each of the communication goals.
The information collected from the study will help inform the Agency's
efforts to implement the mandatory graphic health warnings required by
the Tobacco Control Act.
    The experimental study data will be collected from participants of
an Internet panel of approximately 43,000 people. Participation in the
experimental study is voluntary.
    In the Federal Register of March 27, 2012 (77 FR 18250), FDA
published a 60-day notice requesting public comment on its proposed
collection of information. FDA received eight comments that were not
PRA-related and that were outside the scope of this collection of
information. FDA also received a comment that asked FDA to provide more
detail about the design of the proposed consumer research study to
allow for meaningful public comments. The commenter also encouraged FDA
to provide additional information for public comment, including details
of the protocol, screen, questionnaire, and actual graphic warnings
images to be used with study participants to enhance the quality,
utility, and clarity of the information to be collected and further the
goals of the PRA to ensure the greatest possible public benefit from
and maximize the utility of the information. FDA notes in response to
this comment that the study and copies of the instruments used to
collect this information are described in detail as part of the overall
package submitted to OMB for review. The study and copies of the
instrument were made available to the public during the original
information collection period. They will also be available to the
public at www.reginfo.gov once OMB receives the package for review.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                    No. of
               Portion of study                     No. of       responses per   Total annual          Average burden per response          Total hours
                                                  respondents     respondent       responses
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Pretest.......................................              60               1              60  0.5 (30 minutes)........................              30
Screener......................................          15,000               1          15,000  0.016 (1 minute)........................             240
Experimental Survey...........................           5,400               1           5,400  0.5 (30 minutes)........................           2,700
                                               ---------------------------------------------------------------------------------------------------------
    Total.....................................  ..............  ..............  ..............  ........................................           2,970
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA's burden estimate is based on prior experience with Internet
panel experiments similar to the study proposed here. Sixty panel
members will take part in a pretest of the study, estimated to last 30
minutes (0.5 hours), for a total of 30 hours. Approximately 15,000
respondents will complete a screener to determine eligibility for
participation in the study, estimated to take 1 minute (0.016 hours),
for a total of 240 hours. Fifty-four hundred respondents will complete
the full study, estimated to last 30 minutes (0.5 hours), for a total
of 2,700 hours. The total estimated burden is 2,970 hours (30 hours
plus 240 hours plus 2,700 hours).

    Dated: November 29, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-29321 Filed 12-4-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Proposed Rules]
[Pages 33699-33702]
[FR Doc No: 2022-11595]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2021-0553; FRL-9736-01-R2]

Approval of Air Quality Implementation Plans; New York; Revision
to 6 NYCRR Part 235 Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the New York State Implementation Plan (SIP) for
the purposes of implementing control of air pollution for volatile
organic compounds (VOC). The proposed SIP revision consists of
amendments to New York's Codes, Rules, and Regulations (NYCRR) that
implement control measures for Consumer Products. The intended effect
of this action is to approve control strategies which will result in
VOC emission reductions that will help attain and maintain the national
ambient air quality standards (NAAQS) for ozone. These actions are
being taken in accordance with the requirements of the Clean Air Act.

DATES: Written comments must be received on or before July 5, 2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2021-0553, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment.

The written comment is considered the official comment and should
include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the internet, cloud, or other file
sharing system). For additional submission methods, the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Linda Longo at<PHONE_NUMBER> or by
email at [email protected], or by mail at Environmental Protection
Agency, Region 2, 290 Broadway, New York, New York 10007-1866.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. What was included in New York's submissions for part 235?
III. What is the EPA's evaluation of part 235?
IV. The EPA's Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

Ozone Requirements

    Section 182 of the Clean Air Act (CAA) specifies the required SIP
submissions and requirements for areas classified as nonattainment for
ozone and when these submissions and requirements are to be submitted
to the EPA by the States. The specific requirements vary depending upon
the severity of the ozone problem. CAA section 182(b)(2)(A) requires
that for ozone nonattainment areas classified as Moderate or above,
States must revise their SIPs to include provisions to implement
Reasonably Available Control technology (RACT). CAA section
184(b)(1)(B) extends the RACT obligation to all areas of the State
within the Ozone Transport Region. In addition to New York being
classified as nonattainment for the 2008 and 2015 ozone standards for
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT area, New York is a member of the Ozone Transport Region.
States subject to RACT requirements are required to adopt controls
through the adoption of regulations, or by issuance of single source
orders or permits that outline what the source is required to do to
meet RACT. The Ozone Transport Commission developed control measures
into model rules for a number of source categories and estimated
emission reduction benefits from implementing these model rules. These
model rules were designed for use by States in developing their own
regulations to achieve additional emission reductions. The proposed
revisions to the consumer products rule will provide VOC emission
reductions to address, in part, attainment of the 8-hour ozone standard
in the New York portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT nonattainment area, which is composed of the five
boroughs of New York City and the surrounding counties of Nassau,
Suffolk, Westchester, and Rockland. These revisions will also address,
in part, the RACT requirements by providing VOC emission reductions
statewide.

II. What was included in New York's submission of part 235?

    On March 2, 2021, New York submitted a proposed SIP revision to
Title 6 NYCRR part 235, ``Consumer Products,'' including attendant
revisions to part 200, section 200.9, ``General Provisions, Reference
material.'' The EPA finds the State's submission is complete. The
proposed rulemaking applies to any person who sells, supplies, offers
for sale, or manufactures consumer products for use in the State of New
York.

III. What is the EPA's evaluation of part 235?

    The most recent federally approved version of 6 NYCRR part 235,
``Consumer Products,'' was published on May 28, 2010. See 75 FR 29897
(May 28, 2010). The current proposed revision was submitted by the
State on March 2, 2021, with a State enforceability date of January 1,
2022. The proposed regulations target a group of household and commonly
used products, referred to as ``consumer products,'' and are submitted
for EPA approval with the goal of limiting and reducing VOC emissions
statewide. The EPA's evaluation recognizes that the proposal is
consistent with the Ozone Transport Commission Model Rule for consumer
products and will help the State attain the NAAQS by improving air
quality through reduced VOC emissions and promoting regional consumer
product consistency. The proposed revisions to part 235 are expected to
reduce VOC released to the air by 5.3 tons per day. Since the use of
consumer products is highest in population centers, the reductions in
the New York City metro area alone, where the 2008 ozone standard is
exceeded, is expected to be 3.4 tons per day. To achieve these emission
reductions, new product categories were added with new VOC limits and
existing product categories were revised to reduce their VOC limits. In
addition, revisions were made in the definitions section at 6 NYCRR
section 235-2.1 to provide transitional language and to cite which
emission standards apply before or after the January 1, 2022 compliance
date.

New Product Categories With New VOC Limits

    As identified in the ``Table of Standards'' within section 235-3.1,
the proposed revision includes nine new product categories, some with
sub-categories, with new VOC content limits, percent by weight, as
follows: (1) Air freshener product category for dual purpose air
fresheners/disinfectants subcategory at 60; (2) anti-static product
category for aerosols subcategory at 80; (3) automotive windshield
cleaner at 35; (4) bathroom and tile cleaner product category for non-
aerosols subcategory at 1; (5) disinfectant product category for
aerosols subcategory at 70 and non-aerosols subcategory at 1; (6)
multi-purpose solvent product category at 3; (7) paint thinner product
category at 3; (8) sanitizers product category for aerosols subcategory
at 70 and non-aerosols subcategory at 1; (9) temporary hair color
product category for aerosols subcategory at 55. In addition, two
existing product categories have new sub-categories with new VOC
content limits, percent by weight, as follows: (1) Furniture
maintenance product category for non-aerosols (except solid or paste)
subcategory at 3; and (2) oven or grill cleaners product category for
non-aerosols subcategory at 4.

Reduced VOC Limits on Existing Product Categories

    As identified in the Table of Standards, section 235-3.1, the
proposed revision includes reduced VOC content limits for ten existing
product categories or subcategories, percent by weight, for the
following: (1) Adhesives product category for construction paneling and
floor covering subcategory reduced from 15 to 7; (2) automotive brake
cleaner[s]/brake cleaner product category from 45 to 10; (3) carburetor
or fuel-injection air intake cleaners product category from 45 to 10;
(4) engine degreasers product category for aerosols subcategory from 35
to 10; (5) floor polishes and waxes product category for flexible
flooring materials subcategory from 7 to 1, and for non-resilient
flooring subcategory from 10 to 1; (6) general purpose cleaners product
category for aerosols subcategory from 10 to 8; (7) general purpose
degreaser product category for aerosols

subcategory from 50 to 10; (8) laundry starch products category from 5
to 4.5; (9) nail polish remover product category from 75 to 1; (10)
shaving gel product category from 7 to 4.

Ozone Transport Commission Consumer Products Model Rule and Neighboring
States

    New York is implementing the Ozone Transport Commission's model
rule for consumer products \1\ in order to reduce VOC emissions and
maintain regional product consistency in accordance with a Memorandum
of Understanding among the Ozone Transport Commission States,\2\ of
which New York is a signatory. The new and revised emission limits
identified in the ``Table of Standards,'' and explained above, reflect
New York's contribution to reducing the potential emissions from
consumer products. The VOC content limits for part 235 are lower than
or equal to neighboring States and maintain regional product
consistency. The EPA reviewed New York's submission and confirmed that
the regulations are consistent with similar regulations adopted by
neighboring States and consistent with the Ozone Transport Commission
Model Rule.
---------------------------------------------------------------------------

    \1\ The Ozone Transport Commission consumer products model rule
documents can be found at https://otcair.org/document.asp?fview=modelrules. Scroll to 2018 for ``Regulatory &
Technical Guideline for Consumer Products Phase V'' (formerly known
as the ``OTC Model Rule for Consumer Products'') and technical
support documents for emissions and costs.
    \2\ The Ozone Transport Commission Memorandum of Understanding,
dated June 3, 2010, is provided in the docket.
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Part 235 Public Notice State-Side

    New York received six public comments on its proposed rule. New
York addressed the comments by: (1) Recognizing that consumer products
can contain ozone precursor pollutants and working to reduce ozone
precursor pollutants; (2) revising the compliance date to January 1,
2022 to allow manufacturers and distributors additional time to address
distribution issues and provide compliant products to retail outlets,
and (3) allowing manufacturers the option to sell the existing stock of
products that were manufactured before the compliance date (sell-
through provisions) specified in the ``Table of Standards'' at section
235-3.1.
    The EPA is satisfied with New York's responses to the public
comments. Regarding the first topic addressed above, through its rule,
New York is addressing emission sources to reduce ozone by regulating
products that contain ozone precursor pollutant emissions, such as
volatile chemical products. For example, adhesives can be a volatile
chemical product, and the proposed revised emission limits will reduce
the Construction, Panel, and Floor Covering adhesive category by more
than half, from 15 to 7 percent VOC content by weight. Regarding the
second topic addressed above, New York is revising the rule to extend
the compliance date from January 1, 2021 to January 1, 2022 to address
manufacturers' and distributors' distribution challenges and provide
compliant products to retail outlets. Lastly, regarding the third topic
addressed above, New York revised the sell-through provisions to allow
manufacturers to sell their existing stock of products that were
manufactured before the January 1, 2022 compliance date.

Part 200, ``General Provisions,'' Section 200.9, Table 1, ``Referenced
Materials''

    The current proposed revision includes attendant revisions to 6
NYCRR part 200, ``General Provisions,'' section 200.9, Table 1,
``Referenced Materials,'' which include American Society for Testing
Materials (ASTM) testing procedures, the California Air Resources Board
(CARB) provisions supporting this regulation, and updated references to
part 235. The EPA is satisfied that the revisions to section 200.9 are
appropriate.

IV. The EPA's Proposed Action

    The EPA has evaluated New York's proposed revision for consistency
with the Clean Air Act, the EPA regulations, and policy. The EPA is
proposing to approve revisions to the New York SIP and amendment to 6
NYCRR part 235, ``Consumer Products,'' including attendant revisions to
6 NYCRR part 200, ``General Provisions,'' section 200.9, Table 1,
``Referenced Materials,'' with a State effective date of February 11,
2021. Specifically, this rulemaking proposes to add nine new product
categories and two new subcategories with new VOC emission limits and
proposes to reduce the VOC emission limits in ten existing product
categories. The proposed revisions will help the State to comply with
Federal requirements pertaining to attainment and maintenance of the
ozone NAAQS. The EPA is soliciting public comments on the items
discussed in this document. These comments will be considered before
taking final action.

V. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
that includes incorporation by reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference revisions to 6 NYCRR part 235, ``Consumer Products,''
including attendant revisions to 6 NYCRR part 200, ``General
Provisions,'' section 200.9, Table 1, ``Referenced Materials,'' as
described in this preamble. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 2 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735 (October 4, 1993)) and 13563 (76 FR 3821 (January
21, 2011));
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255 (August 10, 1999));
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR 19885
(April 23, 1997));
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355 (May 22, 2001));
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because

this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629 (February 16, 1994)).
    In addition, this proposed rulemaking, addressing New York's 6
NYCRR part 235, ``Consumer Products,'' is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-11595 Filed 6-2-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 72133-72134]
[FR Doc No: 2019-28140]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0117; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
Model Years 2017 Through 2019 Mercedes Benz Maybach S600 Pullman
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, Department of
Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: This document announces the National Highway Traffic Safety
Administration (NHTSA) receipt of a petition for a decision that model
year (MY) 2017-2019 Mercedes Benz Maybach S600 Pullman passenger cars
(PCs) that were not originally manufactured to comply with all
applicable Federal motor vehicle safety standards (FMVSS), are eligible
for importation into the United States because they are substantially
similar to vehicles that were originally manufactured for sale in the
United States and that were certified by their manufacturer as
complying with the safety standards (the U.S.-certified version of the
2017-2019 Mercedes Benz Maybach S600 PCs) and are capable of being
readily altered to conform to the standards.

DATES: The closing date for comments on the petition is January 29,
2020.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard along with
the comments. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided.
    All comments and supporting materials received before the close of

business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same MY as the
model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
of each petition that it receives in the Federal Register, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    G&K Automotive Conversion, Inc., (Registered Importer R-90-007), of
Santa Ana, California has petitioned NHTSA to decide whether
nonconforming 2017-2019 Mercedes Benz Maybach S600 Pullman PCs are
eligible for importation into the United States. The vehicles which G&K
Automotive Conversion, Inc. believes are substantially similar are MY
2017-2019 Mercedes Benz Maybach S600 PCs sold in the United States and
certified by their manufacturer as conforming to all applicable FMVSS.
The S600 Pullman is a limousine based on the S600 sedan and
manufactured by BRABUS GmbH.
    The petitioner claims that it compared non-U.S. certified MY 2017-
2019 Mercedes Benz Maybach S600 Pullman PCs to their U.S. certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
    G&K Automotive Conversion, Inc. submitted information with its
petition intended to demonstrate that non-U.S. certified MY 2017-2019
Mercedes Benz Maybach S600 Pullman PCs, as originally manufactured,
conform to many applicable FMVSS in the same manner as their U.S.-
certified counterparts, or are capable of being readily altered to
conform to those standards. Specifically, the petitioner claims that
the non-U.S. certified MY 2017-2019 Mercedes Benz Maybach S600 Pullman
PCs, as originally manufactured, conform to: FMVSS Nos. 102,
Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect, 103, Windshield Defrosting and Defogging
Systems, 104, Windshield Wiping and Washing Systems, 106, Brake Hoses,
113, Hood Latch System, 114, Theft Protection and Rollaway Prevention,
116, Motor Vehicle Brake Fluids, 118, Power-Operated Window, Partition,
and Roof Panel System, 124, Accelerator Control Systems, 126,
Electronic Stability Control Systems, 135, Light Vehicle Brake Systems,
138, Tire Pressure Monitoring Systems, 139, New Pneumatic Radial Tires,
201, Occupant Protection in Interior Impact, 202, Head Restraints;
Applicable at the Manufacturers Option until September 1, 2009, 204,
Steering Control Rearward Displacement, 205, Glazing Materials, 206,
Door Locks and Door Retention Components, 207, Seating Systems, 208,
Occupant Crash Protection, 209, Seat Belt Assemblies, 210, Seat Belt
Assembly Anchorages, 212, Windshield Mounting, 214, Side Impact
Protection, 216, Roof Crush Resistance; Applicable unless a Vehicle is
Certified to Sec.  571.216a, 219, Windshield Zone Intrusion, 225, Child
Restraint Anchorage Systems, and 302, Flammability of Interior
Materials.
    The petitioner also contends that the subject non-U.S. certified
vehicles are capable of being readily altered to meet the following
FMVSS, in the manner indicated:
    FMVSS No. 101, Controls and Displays: Programming of the
speedometer for units of miles per hour. FMVSS No. 108, Lamps,
Reflective Devices and Associated Equipment: Replacement of headlamps
and front and rear side marker assemblies. FMVSS No. 110, Tire
Selection and Rims: Addition of tire information placard. FMVSS No.
111, Rear Mirrors: Inscription of the required warning statement on the
face of the passenger mirror. FMVSS No. 301, Fuel System Integrity:
Inspect and if necessary replace with U.S. companion model components.
FMVSS No. 401, Interior Trunk Release: Addition of a trunk release.
    The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicle, near the left windshield pillar,
to meet the requirements of 49 CFR part 565, as well as, a reference
and certification label added to the left front door post area to meet
the requirements of 49 CFR part 567.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-28140 Filed 12-27-19; 8:45 am]
BILLING CODE 4910-59-P


SUPPORTING STATEMENT

STANDARDS OF PERFORMANCE FOR NEW AND EXISTING STATIONARY SOURCES:
ELECTRIC UTILITY STEAM GENERATING UNITS: FINAL RULE

EPA ICR No. 2137.02

PART A

1.0  Identification of the Information Collection

(a)  Title and Number of the Information Collection.

(Standards of Performance for New and Existing Stationary Sources:
Electric Utility Steam Generating Units(Final Rule).( This is a revision
of EPA ICR 2137.01 that was originally titled at proposal, (NESHAP for
Coal- and Oil-Fired Electric Utility Steam Generating Units:  Proposed
Rule (40 CFR Part 63, subpart UUUUU).(  This revision incorporates the
new burden estimates that have been made for the recordkeeping and
reporting requirements in the final rule.  As explained below, we
received no comments from OMB or the public on the burden estimates in
the initial version of the ICR that was docketed with the proposed rule.

(b)  Short Characterization.

Respondents are owners or operators of existing and new coal-fired
electric utility steam generating units (Utility Units) capable of
firing more than 73 megawatts (MW) (250 million Btu/hour) heat input
including industrial cogeneration facilities that sell more than 25 MW
of electrical output and more than one-third of their potential output
capacity to any utility power distribution system.  The final rule
amends 40 CFR parts 60, 63, 72, and 75 to establish standards of
performance for mercury (Hg) for new and existing coal-fired Utility
Units, as defined in Clean Air Act (CAA) section 111.  For the purpose
of implementing the final rule, a coal-fired Utility Unit is an electric
utility steam generating unit that burns coal, coal refuse, or a
synthetic gas derived from coal either exclusively, in any combination
together, or in any combination with other supplemental fuels (e.g.,
petroleum coke and tire-derived fuels).

The final rule amends 40 CFR parts 72 and 75 to establish a mechanism
by which Hg emissions from new and existing coal-fired Utility Units are
capped at specified, nation-wide levels.  Under this cap-and-trade
program, the EPA assigns Hg emission allocations or (budgets( on a
State-by-State basis.  Each State and affected Tribal government
participating in the cap-and-trade program has the flexibility to
distribute however they choose their assigned total Hg emission budget
to each of the coal-fired units operating under their jurisdiction, so
long as certain timing requirements are met.  States and affected Tribal
governments may choose to participate in the EPA-administered
cap-and-trade program.  They can adopt the Hg cap-and-trade program
either by incorporating by reference the model cap-and-trade rule
promulgated by this rulemaking under 40 CFR 60 subpart HHHH or codifying
the provisions of the rule, in order to participate in the
EPA-administered Hg cap-and-trade program.  The program is designed to
integrate with the existing sulfur dioxide (SO2) and nitrogen oxides
(NOx) emission cap-and-trade program under the Agency(s Acid Rain
program and final Clean Air Interstate Rule (CAIR).

In addition, the final rules amend the new source performance standards
(NSPS) for Utility Units in 40 CFR 60 subpart Da by adding Hg emission
limits for coal-fired Utility Units (oil-fired and gas-fired Utility
Units are not subject to the Hg emission limits).  Separate NSPS
emission limits expressed in units of pounds of Hg per gross-MW output
are established by coal subcategories:  bituminous coal, subbituminous
coal, lignite, coal refuse, and synthetic gas derived from coal (i.e.,
integrated gasification combined cycle (IGCC) units).  Compliance with
the applicable emission limit is determined on a 12-month rolling
average basis.  These new units are included under the Hg emissions
cap-and-trade program.

Only those coal-fired units for which construction, modification, or
reconstruction is commenced after January 30, 2004, are subject to the
Hg emission limits in subpart Da.  However, all affected coal-fired
Utility Units existing on, or constructed after, January 30, 2004, can
participate in the Hg cap-and-trade program.

Under the final rule, existing affected coal-fired Utility Units with
Hg emissions at or below 29 lb of Hg per year are designated as (low
mass emitters( or LME.  Owners and operators of LME units are required
to perform periodic Hg emission testing.  Owners and operators of
existing affected coal-fired Utility Units with Hg emissions greater
than 29 lb of Hg per year and all new affected coal-fired Utility Units
are required to use a Hg continuous emission monitoring system (CEMS) or
a Hg sorbent trap method for semi-continuous Hg sampling.  The
rulemaking finalizes Performance Specification 12A, (Specification and
Test Methods for Total Vapor Phase Mercury Continuous Emission
Monitoring Systems in Stationary Sources( in 40 CFR part 60, appendix B,
and (Quality Assurance and Operating Procedures for Sorbent Trap
Monitoring Systems( in appendix K to 40 CFR part 75.

Owners and operators of existing coal-fired Utility Units maintain
records and report their emissions following the requirements 40 CFR
part 75.  The final rule amends these existing requirements to include
information used to demonstrate compliance with a coal-fired Utility
Unit(s Hg emissions allocation.  Source information management,
emissions data reporting, and allowance trading is conducted through
electronic data systems similar to those currently used for the Acid
Rain SO2 and NOx SIP Call programs.  Reporting and recordkeeping
requirements for the Hg cap-and-trade program are summarized in Exhibit
1.

In addition, owners and operators of those affected coal-fired Utility
Units subject to the NSPS under 40 CFR 60 subpart Da are required to
prepare site-specific compliance plans; submit notifications of
compliance status and semiannual compliance reports; and maintain
records of specific information to ensure that the rule requirements are
being achieved.  The final rule amends these existing requirements to
include specific information about the Hg monitoring and compliance
determinations used by the owner or operator to demonstrate compliance
with the applicable Hg emissions limit.  Reporting and recordkeeping
requirements for subpart Da are summarized in Exhibit 2.

2.0  Need for and Use of the Collection

(a)  Need/Authority for the Collection.

CAA section 111 establishes authority for the EPA to regulate
categories of stationary sources which cause, or contribute
significantly to, air pollution which may reasonably be anticipated to
endanger public health or welfare.  CAA section 111(b) authorizes the
EPA to establish NSPS that reflect the application of the best system of
emission reduction which (taking into consideration the cost of
achieving such emission reduction, any non-air quality health and
environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated.  To implement and enforce
NSPS, certain types of information are needed by the EPA to:  (1)
confirm the compliance status of affected sources and identify new or
reconstructed sources subject to the standards; and (2) ensure that the
applicable standards are being achieved.  These recordkeeping and
reporting requirements are specifically authorized by CAA section 114
(42 U.S.C. 7414) and are codified in the NSPS General Provisions (40 CFR
60 subpart A) and in the applicable source-specific rule (in this case
40 CFR subpart Da).

Existing sources are addressed under CAA section 111(d).  The EPA can
issue standards of performance for existing sources in a source category
only if it has established standards of performance for new sources in
that same category under CAA section 111(b), and only for designated
pollutants, as that term is defined in the final rule.  (CAA section
111(d)(1)).  CAA section 111(d) authorizes EPA to promulgate standards
of performance that States must adopt through a SIP-like process, which
requires State rulemaking action followed by review and approval of
State plans by EPA.  If a State fails to submit a satisfactory plan, the
EPA has the authority to prescribe a plan for the State.  (CAA section
111(d)(2(A)).  The EPA is interpreting the term (standard of
performance,( as applied to existing coal-fired Utility Units, to
include a Hg cap-and-trade program.  The final standards, which include
recordkeeping and reporting requirements, will be published at 40 CFR
part 60, subpart HHHH.

(b)  Use/Users of the Data.

The information required by the final rule will be used by State and
EPA enforcement personnel to ensure that the cap-and-trade program Hg
emissions allocation and the NSPS emission limit, as applicable to a
given coal-fired Utility Unit, are being achieved.  Based on review of
the recorded information at the site and the reported information, the
EPA can identify units that may not be in compliance and decide which
facilities require additional compliance or enforcement action.

3.0  Nonduplication, Consultations, and Other Collection Criteria

(a)  Nonduplication.

A computer search of the Federal Information Locator System indicated
that there are no similar information requests being carried out by the
Federal government, with the exception of the provisions of the NSPS for
Utility Units and the Acid Rain cap-and-trade program related to SO2 and
NOx emissions.  These programs have similar reporting and recordkeeping
requirements but do not involve the monitoring of Hg emissions;
therefore, there is no duplication of effort.  A similar search of the
EPA(s ongoing ICR(s revealed no duplication of information-gathering
efforts.  Certain reports required by State or local agencies may
duplicate information required by the final rule.  Sources, therefore,
may submit to EPA a copy of the report submitted to their respective
State or local agency provided the information in that report satisfies
the requirements of the final rule.

(b)  Public Notice Required Prior to ICR Submission to OMB.

This section is not applicable because this is a rule-related ICR.

(c)  Consultations.

The proposed rule was posted on the Agency(s Internet website and
entered into the docket (OAR-2002-0056) for public review.  Following
publication of the notice of proposed rulemaking (NPR) in the Federal
Register (69 FR 4652; January 30, 2004), a 60-day public comment period
ensued.  Concurrent public hearings were held in Research Triangle Park,
NC, Philadelphia, PA, and Chicago, IL, on February 25 and 26, 2004, at
which time any member of the public could provide oral comment on the
NPR.  On March 16, 2004, a supplemental notice of proposed rulemaking
(SNPR) was published in the Federal Register (69 FR 12398).  On March
17, 2004, EPA announced that the public comment period on the NPR and
SNPR had been extended to April 30, 2004.  A public hearing on the SNPR
was held in Denver, CO, on March 31, 2004, during which time members of
the public could provide oral comment on any aspect of the NPR or SNPR.
On May 5, 2004, EPA announced (69 FR 25052) that the public comment
period for the NPR and SNPR had been reopened and extended until June
29, 2004.  On December 1, 2004, EPA published a notice of data
availability (NODA) with a public comment period until January 3, 2005
(69 FR 69864).

In addition to the above-noted public comment process, EPA met with a
number of stakeholder groups and has placed in the docket records of
these meetings.  Approximately 500,000 public comments were received
during the comment period, indicating wide public interest and access.

At proposal, the draft information collection request was submitted to
OMB for review and was also posted on the Agency(s Internet website and
entered into the docket (OAR-2002-0056) for public review.  EPA received
no comments specific to the information collection burden identified in
the initial ICR in support of the proposed rule.  As explained further
below, this revision incorporates the new burden estimates that have
been made for the recordkeeping and reporting requirements in the final
rule.  We modified these burden estimates, in part, because of  certain
changes made to the monitoring requirements in the final rule in
response to comments.

(d)  Effects of Less Frequent Collection.

If the relevant information required by the final rule were collected
less frequently, the EPA would not be reasonably assured that a Utility
Unit is in compliance with its annual cap-and-trade program Hg emissions
allocation and the 12-month rolling average NSPS emission limit, as
applicable to a given coal-fired Utility Unit.

(e)  General Guidelines.

The final rule would require owners or operators of an affected source
to retain records for 5 years, which exceeds the 3-year retention
period contained in the guidelines in 5 CFR 1320.10.  40 CFR 60.7(f)
requires that records be retained for at least 2 years.  The 5-year
retention period is consistent with the requirement in the operating
permit program under Title V of the CAA.  These records must be kept on
file for use, if needed, by the regulating authority to ensure that the
plant personnel are operating and maintaining the unit and the control
equipment properly.  All subsequent general guidelines have been
followed and do not violate any of the Paperwork Reduction Act
guidelines contained in 5 CFR 1320.

(f)  Confidentiality.

All information submitted to the EPA for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, part 2, subpart B --
Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR
42251, September 28, 1978; 44 FR 17674, March 23, 1979).

(g)  Sensitive Questions.

This section is not applicable because this ICR does not involve matters
of a sensitive nature.

4.  The Respondents and the Information Requested

(a)  Respondents/NAIC Codes.

Potential respondents under the final rule are owners or operators of
coal-fired Utility Units; oil-fired and natural gas-fired units are not
affected.  The NAIC codes for this industry are 221112 (Fossil
Fuel-Fired Steam Generating Units (including those owned or operated by
the Federal government or municipalities) and 921150 (American Indian
and Alaska Native Tribal Governments.(

(b)  Information Requested.

(i)  Data Items, Including Recordkeeping Requirements.  Exhibits 1 and
2, Source Data and Information Requirements, summarize the recordkeeping
and reporting requirements in the final rule.

(ii)  Respondent Activities.  The respondent activities required by the
final rule are identified in Exhibit 3 and introduced in section 6(a).

5.0  The Information Collected(Agency Activities, Collection
Methodology, and Information Management

(a)  Agency Activities.

A list of Agency activities is provided in Exhibit 4 and introduced in
section 6(c).

(b)  Collection Methodology and Management.

This is not relevant to this information collection request.

(c)  Small Entity Flexibility.

According to the Small Business Administration size standards for the
NAICS categories, a small entity is a small business that, including its
affiliates, is primarily engaged in the generation, transmission, and/or
distribution of electric energy for sale and whose total electric output
for the preceding fiscal year did not exceed 4 million Megawatt hours
(MWh).

This rule would not directly establish requirements applicable to
existing small entities.  Instead, it would require States and affected
Tribal governments to develop, adopt, and submit a plan that would
achieve the necessary Hg emissions reductions, and would leave to the
States the task of determining how to obtain those reductions, including
which coal-fired Utility Units to regulate.

EPA(s analysis of the final rule found that the rule would not have a
significant impact on a substantial number of existing small entities.
Analysis conducted for the final rule projects that in 2020, two years
into the start of the second phase of the cap-and-trade program, the
total compliance costs to small entities under the rule would be
approximately $37 million.  This is just under 1 percent of the total
projected electricity generation revenues to small entities for 2020.  A
few of the 80 small entities identified in EPA analysis may experience
significant costs in 2020.  These entities do not bank allowances over
the course of the program, and must purchase allowances in 2020 to cover
their emissions.  It is important to note that the marginal cost of Hg
control in 2020 projected by EPA modeling is largely responsible for the
presence of significant impacts.  The EPA modeling assumes no
improvements in the cost or effectiveness of Hg control technology over
time.  In reality, by 2020, costs of Hg control are expected to have
declined, such that the actual impacts of the cap-and-trade program on
small entities will be less than projected.  Additionally, given that
most of the small entities identified operate in market environments in
which they can pass on compliance costs to consumers, most of these
entities should be able to recover their costs of compliance with the
rule.

Two other points should be considered when evaluating the impact of
final rule, specifically, and cap-and-trade programs more generally, on
existing small entities.  First, under the final rule, the cap-and-trade
program is designed such that States determine how Hg allowances are to
be allocated across units.  A State that wishes to mitigate the impact
of the rule on small entities might choose to allocate Hg allowances in
a manner that is favorable to small entities.  Finally, the use of
cap-and-trade in general will limit impacts on small entities relative
to a less flexible command-and-control program.

The final rule would impose requirements on a new source, even if
owned/operated by a small entity.  The final rule does not contain any
provisions reserved exclusively for the benefit of small entities,
including new sources that could be owned/operated by small entities.
However, the final rule does contain several provisions that reduce the
impact on all regulated entities, which include small entities (e.g.,
allowing any source to use the sorbent trap option, compliance
flexibility for low emitters, relaxed missing data procedures, revision
of Hg-diluent monitoring system requirements).

(d)  Collection Schedule.

Information contained in the one-time only reports will be entered into
the National Compliance Data System operated and maintained by EPA(s
Office of Enforcement and Compliance Assurance.  Data obtained during
periodic visits by Agency personnel from records maintained by the
respondents will be tabulated and published for internal EPA use in
enforcement and compliance programs.  A schedule for collection of
information and publication of data is not applicable because reports
are triggered by actions of the respondents.

6.  Estimating the Burden and Cost of the Collection

(a)  Estimating Respondent Burden.

The annual burden estimates for the additional recordkeeping and
reporting requirements in the final rules are shown in Exhibit 3.
These numbers were derived from estimates based on EPA(s experience with
the cap-and-trade program for electric utilities under the Title IV Acid
Rain program, implementation of existing NSPS, and similar
compliance-related information collection activities.

(b)  Estimating Respondent Costs.

The information collection activities for the final rule are presented
in Exhibit 3.

(i)  Estimating Labor Costs.  Labor rates and associated costs are
based on Bureau of Labor Statistics (BLS) data. Technical, management,
and clerical average hourly total compensation rates for electric
utility industry workers were selected using labor category mean hourly
wages listed in the November 2003 National Industry-Specific
Occupational Employment and Wage Estimates for North American Industry
Classification System(NAICS) industry category 221000 - Utilities
(available at <http://www.bls.gov/oes/current/naics3_221000.htm>) and
adjusted to 2004 costs using the change in the BLS Employment Cost Index
for the private industry sector from the years 2003 to 2004 (3.8
percent).  The labor rates used for the burden estimates are $48.95/hour
for managerial (2003 mean for management occupations category of
$47.15/hr times 1.038), $33.17/hour for technical (2003 mean for
architecture and engineering occupations category of $31.95/hr times
1.038), and $18.96/hour for clerical (2003 mean for office and
administrative support occupations category of $18.26/hr times 1.038).
An overhead rate of 110 percent was used to account for overhead costs.
The fully burden rates used to represent respondent labor costs are:
clerical at $39.82, technical at $69.66, and management at $102.80.

(ii)  Estimating Capital and Operations and Maintenance (O&M) Costs.
Estimation of the capital and operations and maintenance (O&M) costs are
largely based on information collected by the EPA(s Clean Air Markets
Division, specifically the technical report, (Cost Analysis of Mercury
Monitoring Techniques(; a second cost analysis performed by MACTEC Inc.;
and additional information obtained by the Agency in the development of
the rule.

Based on available cost information, the EPA estimates that the costs
for Hg emissions testing required for an LME coal-fired Utility Unit
will average about $5,500 per test.  An additional $1,500 in annual
costs are estimated for technical calculations, labor and other
associated expenses.  An LME unit with annual Hg emissions less than 9
lb/yr are required under the rule to perform annual emission testing.
The LME units with annual Hg emissions greater than 9 lb/yr but less
than 29 lb/yr are required under the rule to perform semiannual emission
testing.

For Hg CEMS, there are two major cost components to be considered,
capital costs and operational costs.  Based on a survey of 11
manufacturers, it is estimated that an average capital cost of a Hg CEM
is $60,000.  In addition, each source needs to purchase a HOVOCAL or
MERcal unit to generate ionic mercury, which is necessary for CEMS
calibration.  The approximate cost of either instrument is $10,000.
Based on these costs, the capital cost of a complete Hg CEMS is
estimated to be about $70,000.  The operational costs can also be broken
into two components, i.e., routine maintenance and operation, and
quality assurance/control procedures.  These costs are estimated at
$87,000 per year and are the same basic cost estimates as were used in
the initial ICR.

The Hg sorbent trap method system used for semi-continuous monitoring of
Hg emissions includes a carbon trap with a three-section cartridge:  a
primary capture cartridge, backup for breakthough, and a portion for
spiking for QA/QC.  Two carbon traps would be run in parallel for
one-week runs.  The cost for a trap system is estimated be $8,500.
Capital cost including the installation of the complete system is
estimated to be about $20,000.  The annual operational costs to use this
monitoring method include routine operational costs, laboratory costs to
analyze Hg in capture cartridges, and costs to perform QA/QC procedures.
 The total for these operational costs is estimated to about $113,000
per year.

(iii)  Capital/Startup vs. O&M Costs.  The estimate of capital/startup
costs versus O&M costs for implementing the Hg monitoring required by
the rule is shown in the following table.  The basis for the nationwide
numbers of coal-fired Utility Units shown in the table using a given Hg
emissions monitoring method is presented in section 6(c) of this
supporting statement.

Capital/Startup vs. O&M Costs

Mercury (Hg)

Emissions

Monitoring

Method	Nationwide

Number of Units

Using

Method	Per Unit Costs	Nationwide Costs

Capital/

Startup

Cost	Annual

O&M

Cost	Capital

Costs

($1000)	Annual

O&M Costs

($1000)

LME Annual

HG Emission

Testing

228

0

$7,000

$0

$1,596

LME Semiannual

HG Emission

Testing

207

0

$12,500

$0

$2,588

Hg CEMS

347

$70,000

$87,000

$24,290

$30,189

Hg Sorbent Trap

343

$20,000

$113,000

$6,860

$38,759

Total	1,125	---	---	$31,150	$73,132

(iv)  Annualizing Capital Costs.  The estimate of capital/startup costs
versus O&M costs for implementing the Hg monitoring required by the rule
is shown in the following table.  Annualized costs are calculated
assuming a 7 percent interest rate and a 3-year depreciation period.

Annualized Costs

Mercury (Hg)

Emissions

Monitoring

Method	Nationwide

Number of Units

Using

Method	Nationwide Annualized Costs

Annualized

Capital

Cost

($1000)	Annual

O&M

Costs

($1000)	Total

Annualized

Cost

($1000)

LME Annual

Hg emissions testing	228	0	$1,596	$1,596

LME Semiannual

Hg emissions testing	207	0	$2,588	$2,588

Hg CEMS	347	$9,256	$30,189	$39,445

Hg Sorbent Trap	343	$2,614	$38,759	$41,373

Total	1,125	$11,870	$73,132	$85,002

(c)  Estimating Agency Burden and Cost.

Because the information collection requirements were developed as an
incidental part of standards development, no costs can be attributed to
the development of the information collection requirements.  Because
reporting and recordkeeping requirements on the part of the respondents
are required under the applicable rule provisions in 40 CFR parts 60 and
75, no operational costs will be incurred by the Federal Government.
Publication and distribution of the information are part of the
Compliance Data System, with the result that no Federal costs can be
directly attributed to the ICR.  Examination of records to be maintained
by the respondents will occur incidentally as part of the periodic
inspection of sources that is part of the EPA(s overall compliance and
enforcement program, and, therefore, is not attributable to the ICR.

Costs that the Federal government will incur associated with the final
rule are user costs associated the one-time review and approval of the
plans submitted by States and Tribal governments participating in the Hg
cap-and-trade program and with the analysis of the additional Hg
emissions information included in the notifications and reports that
coal-fired Utility Unit owners and operators are already required to
submit under 40 CFR parts 60 and 75.  The Agency tasks that will be
performed include processing, reviewing, and evaluating Hg emissions
data in the reports submitted by owners and operators, and conducting
appropriate audit activities to verify the information provided.
Exhibit 4 presents an estimate of the Agency burden and costs associated
with emissions reporting.

The Agency labor rates used for estimating the Agency costs are from the
Office of Personnel Management (OPM) 2004 General Schedule which
excludes locality rates of pay.  These rates were obtained from Salary
Table 2004-GS available on the OPM website
(http://http://www.opm.gov/oca/04tables/html/gs.asp).  The government
employee labor rates are $14.34/hour for clerical (GS-7, Step 1), $30.24
for technical (GS-13, Step 1), and $42.04/hr for management (GS-15, Step
1).  An overhead rate of 60 percent was used to account for overhead
costs.  The fully burdened rates used to represent respondent labor
costs are:  clerical at $22.94, technical at $48.38, and management at
$67.26.

(d)  Estimating the Respondent Universe and Total Burden and Costs.

To estimate the number of respondents, the EPA used data available from
the 1999 Mercury Information Collection Request (ICR).  This ICR
provided mercury emission information on a total of 1,120 existing
Utility Units.  For the purpose of the nationwide burden estimates, each
coal-fired Utility Unit is counted as an industry respondent.  In
actuality, at many power plant sites, there are multiple coal-fired
Utility Units subject to the final rule.  In these cases, some rule
reporting and recordkeeping related activities can be performed by the
facility owner or operator on a plant-wide basis (e.g., planning
activities, developing record system, and training facility personnel)
instead of on a per coal-fired Utility Unit basis as is assumed for the
burden estimates.  Therefore, we believe that our burden estimates are
conservative.

In addition, the EPA estimates that five new coal-fired steam generating
units will be built during the next 5 years and subject to the NSPS
emission limits.

The EPA estimates, based on the ICR data, the nationwide distribution of
coal-fired Utility Units subject to the final rule as follows:

Nationwide Respondent Distribution By

Coal-fired Utility Unit Category

Coal-fired Utility Unit Category

Nationwide

Number of Units

Existing coal-fired Utility Units with Hg emissions levels < 9 lb/yr

228*

Existing coal-fired Utility Units with Hg emissions levels >9 and < 29
lb/y

207*

Existing coal-fired Utility Units with

Hg emissions levels > 29 lb/yr

685

New coal-fired Utility Units constructed after January 31, 2004

5

Total

1,125

 * Designated LME units under the rule requirements.

For the purpose of estimating burden, it is assumed that all of the
respondents will install and begin operation of monitoring systems in
the first year following promulgation of the final rule.  For those
existing units required to conduct continuous Hg emissions monitoring,
it is assumed that 50 percent will use Hg CEMS and 50 percent will use
Hg sorbent traps.

(e)  Bottom Line Burden Hours and Cost Tables.

(i)  Respondent tally.  The bottom line respondent burden hours and
costs for the first 3 years following promulgation are presented in
Exhibits 3a, 3b, and 3c.  The bottom line respondent burden hours and
labor costs are calculated by adding person-hours per year down each
column in the tables for technical, managerial, and clerical staff, and
by adding down the cost column.

Respondent Bottom Line Burden Hours and Labor Costs

Year	Total Annual Burden Hours	Total Annual Labor Costs

1st year	902,238 hours	$61,805,909

2nd year	615,370 hours	$42,154,650

3rd year	615,370 hours	$42,154,650

Average	710,993 hours	$48,705,070

The annualized cost of capital for Hg monitoring devices is $11,865,949
averaged over the first three years of this ICR. Annualized costs are
calculated assuming a 7 percent interest rate and a 3-year depreciation
period.  Operation and maintenance costs (excluding any labor hours
given in the labor burden estimate) are estimated at $73,131,500 per
year.  The total cost including the average cost of labor over the
3-year period, capital, operation and maintenance, is $121,836,570 per
year.	(ii)  The Agency tally.  The bottom line Agency burden hours and
costs for the first 3 years following promulgation are presented in
Exhibit 4.  The bottom line Agency burden hours and costs are calculated
by adding person-hours per year down each column for technical,
managerial, and clerical staff, and by adding down the cost column.  In
this case, total cost is the sum of this total salary cost and total
travel expenses for government personnel to observe compliance tests at
a selected number of coal-fired Utility Units each year.

Agency Bottom Line Burden Hours and Labor Costs

Year	Total Annual Burden Hours	Total Annual Labor Costs

1st year	47,877 hours	$2,249,860

2nd year	33,249 hours	$1,562,451

3rd year	33,249 hours	$1,562,451

Average	38,125 hours	$1,791,587

The total annual hours over the 3-year period are 38,125.  The total
annual cost over the 3-year period is $1,791,587.

(iii)  Variations in the annual bottom line.  This section does not
apply since no significant variation is anticipated.

(f)  Reasons for Change in Burden.

In the proposed rule, EPA proposed two primary alternative regulatory
options.  One of those regulatory options involved the proposed issuance
of national emission standards for hazardous air pollutants (NESHAP)
under CAA section 112, and the other involved the issuance of standards
of performance under CAA section 111.  Under either regulatory option,
however, the same universe of coal-fired Utility Units would be affected
because both options govern new and existing coal-fired units.  In
addition, under both the CAA section 112 and CAA section 111 regulatory
options, we required similar monitoring (i.e., both regulatory options
required the use of either CEMS or sorbent trap monitoring), reporting,
and recordkeeping requirements, and we solicited comment on those
proposed requirements.

The burden estimates in the initial ICR prepared for the proposed rule
were based on the proposed CAA section 112 regulatory option, which
again covered the same universe of coal-fired Utility Units as the CAA
section 111 regulatory approach and the same general monitoring,
reporting, and recordkeeping requirements.  The initial version of the
ICR also included burden estimates for oil-fired Utility Units because
both the CAA section 112 regulatory option and the CAA section 111
option proposed requiring reductions of nickel from oil-fired units.  We
did not receive any comments from the public or OMB concerning the
burden estimates provided in the initial version of the ICR.

Based on a thorough review of the comments received in response to the
proposal, EPA finalized the CAA section 111 regulatory approach.  The
final CAA section 111 rule sets standards of performance for Hg emitted
from new and existing coal-fired Utility Units and requires certain
monitoring, reporting, and recordkeeping as described generally in this
document and more fully in the preamble to the final rule.  In addition,
the final rule only covers coal-fired Utility Units, not oil-fired
units.  We made this change in the final rule in response to comments
received concerning nickel emissions from oil-fired Utility Units.

We also received several comments in response to the proposed rule
concerning the proposed monitoring and associated requirements for
coal-fired Utility Units.  We made certain changes in the final rule in
light of those comments.  The changes made address commenters( concerns
regarding, for example, allowing any source to use the sorbent trap
option, providing increased compliance flexibility for low emitters;
modifying the procedures for missing data; and revising the Hg-diluent
monitoring system requirements.  As noted below, however, not all
changes made as a result of the public comments received resulted in a
decreased burden estimate.

In addition to modifying the burden estimates in response to the
changes made to the monitoring requirements in the final rule, we made
certain other adjustments to our burden estimates.  Those adjustments
resulted in a burden estimate for the final rule that is higher than the
burden estimate in support of the proposed rule.  The reasons for the
difference in the burden estimates are as follows:

1.  The burden estimate at proposal failed to account for new units,
even though we proposed CAA section 112(d) emission standards for such
units.  This omission was an inadvertent error.  As noted above, we
estimate that five new coal-fired steam generating units will be built
during the next 5 years.

2.  For the burden estimate at proposal, a (respondent( was defined to
be an individual power plant (461 coal-fired plants).  For the final
rule burden estimate, a (respondent( was defined to be an individual
coal-fired Utility Unit (1,125 units).  Overall, the assumption used for
the final rule is more conservative than at proposal because many power
plants have multiple affected coal-fired Utility Units, and, therefore,
the burden activities can be performed on a plant-wide basis instead of
on a per-unit basis as is assumed for the burden calculations (i.e., the
burden associated with reading instructions, training personnel, and
like activities is being shared by the units and, thus, is somewhat
lower that if attributed to each unit).  Thus, although we changed the
definition of the term (respondent,( the initial version of the ICR and
this revision both address the same general universe of coal-fired
Utility Units.  In addition, we believe that a Utility Unit-based burden
calculation better reflects the monitoring requirements for LME units.

3.  For the final burden estimate, it was assumed than all States and
affected Tribal governments would participate in the cap-and-trade
program and that all existing coal-fired Utility Units would implement
the required Hg monitoring during the first year following promulgation.
 For the burden estimate for the proposed rule, it was assumed that Hg
monitoring would be phased in over the 3-year compliance period allowed
for NESHAP rules (i.e., one-third of the power plants installing CEMS
during the first year, another one-third installing CEMS during the
second year, and the final one-third installing CEMS during the third
year).  Assuming compliance in the first year, therefore, resulted in
increased burden estimates.

4.  Allowing use of the sorbent trap method allocates more cost to the
source but provides greater flexibility in monitoring options, which is
what many commenters wanted.  In the burden estimates for the final
rule, it was assumed that 50 percent of affected Utility Units would
choose to use the sorbent trap method.

(g)  Burden Statement

The average annual respondent burden during the first 3-year period
following rule promulgation is estimated at 632 hours per respondent.
This is based on an estimated total 710,993 hours per year (as averaged
over the rule first 3-year period following promulgation) for a
projected 1,125 respondents.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to 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.

Exhibit 1.

SOURCE DATA AND INFORMATION REQUIREMENTS UNDER

40 CFR PART 60 SUBPART HHHH EMISSION GUIDELINES AND COMPLIANCE TIMES FOR
COAL-FIRED ELECTRIC STEAM GENERATING UNITS

REQUIREMENT

REGULATION CITATION

RECORD

RETENTION

Reports

Notifications

(75.61

5 years

Certification applications

(75.63

5 years

Quarterly reports

(75.64

5 years

QA/QC plan

Part 75

Appendix B

Section 1

5 years

Recordkeeping

General recordkeeping requirements

(75.57

5 years

Recordkeeping for special

situations

(75.58

5 years

Quality assurance recordkeeping

(75.59

5 years

QA/QC recordkeeping

Part 75

Appendix B

Section 1

5 years

Exhibit 2.

SOURCE DATA AND INFORMATION REQUIREMENTS UNDER

40 CFR PART 60 SUBPART Da NEW SOURCE PERFORMANCE STANDARDS FOR

 COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS

REQUIREMENT

REGULATION

CITATION

RECORD

RETENTION

Reports

Initial notifications as applicable to facility(i.e., date of
construction or reconstruction, dates of anticipated and actual startup,
modifications to existing facility)

(60.7(a)(1)-(4)

5 years

Notification of performance tests

(60.8(d)

5 years

Notification of CEM performance evaluation

(60.7(a)(5)

5 years

Semi-annual compliance report

(60.51a(i)

5 years

Recordkeeping

Records of notifications and reports, performance tests, performance
evaluations, monitoring data, performance evaluation test plan

(60.52a

5 years

Startup, shutdowns, and malfunctions

(60.7(b)

5 years

Records required to demonstrate continuous compliance with emission
limits

(60.52a

  Cost Analysis of Mercury Monitoring Techniques.  Draft report prepared
by Arcadis for Dr. Ruben Deza, U.S. Environmental Protection Agency,
Washington, DC., November 3, 2003.

 PAGE  1

 PAGE  41

 PAGE  30

 PAGE  31

 PAGE  32

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[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Notices]
[Pages 3256-3257]
[FR Doc No: 2018-01184]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number DOT-OST-2014-0031]

Agency Information Collection: Activity Under OMB Review: Report
of Financial and Operating Statistics for Large Certificated Air
Carriers

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public
Law 104-13, the Bureau of Transportation Statistics invites the general
public, industry and other governmental parties to comment on the
continuing need for and usefulness of BTS collecting financial data
from large certificated air carriers. Large certificated air carriers
are carriers that operate aircraft with 61 seats or more, aircraft with
18,001 pounds of payload capacity or more, or operate international air
services.

DATES: Written comments should be submitted by March 26, 2018.

FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline
Information, RTS-42, Room E34, OST-R, BTS, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax Number
(202) 366-3383 or EMAIL [email protected].
    Comments: Comments should identify the associated OMB approval #
2138-0013 and Docket ID Number DOT-OST-2014-0031. Persons wishing the
Department to acknowledge receipt of their comments must submit with
those comments a self-addressed stamped postcard on which the following
statement is made: Comments on OMB # 2138-0013, Docket--DOT-OST-2014-
0031. The postcard will be date/time stamped and returned.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
DOT-OST-2014-0031 by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
    Mail: Docket Services: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
    Fax:<PHONE_NUMBER>.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the
beginning of your comments, and send two copies. To receive
confirmation that DOT received your comments, include a self-addressed
stamped postcard. Internet users may access all comments received by
DOT at http://www.regulations.gov. All comments are posted
electronically without charge or edits, including any personal
information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments

received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. or the street
address listed above. Follow the online instructions for accessing the
dockets.

Electronic Access

    You may access comments received for this notice at http://www.regulations.gov, by searching docket DOT-OST-2014-0031.

SUPPLEMENTARY INFORMATION:
    OMB Approval No. 2138-0013.
    Title: Report of Financial and Operating Statistics for Large
Certificated Air Carriers.
    Form No.: BTS Form 41.
    Type of Review: Extension of a currently approved collection.
    Respondents: Large certificated air carriers.
    Number of Respondents: 60.
    Estimated Time per Response: 4 hours per schedule, an average
carrier may submit 90 schedules in one year.
    Total Annual Burden: 13,910 hours.
    Needs and Uses: Program uses for Form 41 data are as follows:

Mail Rates

    The Department of Transportation sets and updates the international
and mainline Alaska mail rates based on carrier aircraft operating
expense, traffic and operational data. Form 41 cost data, especially
fuel costs, terminal expenses, and line haul expenses are used in
arriving at rate levels. DOT revises the established rates based on the
percentage of unit cost changes in the carriers' operations. These
updating procedures have resulted in the carriers receiving rates of
compensation that more closely parallel their costs of providing mail
service and contribute to the carriers' economic well-being.

Submission of U.S. Carrier Data to ICAO

    As a party to the Convention on International Civil Aviation, the
United States is obligated to provide the International Civil Aviation
Organization with financial and statistical data on operations of U.S.
air carriers. Over 99 percent of the data filed with ICAO is extracted
from the carriers' Form 41 reports.

Carrier Fitness

    Fitness determinations are made for both new entrants and
established U.S. domestic carriers proposing a substantial change in
operations. A portion of these applications consists of an operating
plan for the first year (14 CFR part 204) and an associated projection
of revenues and expenses. The carrier's operating costs, included in
these projections, are compared against the cost data in Form 41 for a
carrier or carriers with the same aircraft type and similar operating
characteristics. Such a review validates the reasonableness of the
carrier's operating plan.
    Form 41 reports, particularly balance sheet reports and cash flow
statements play a major role in the identification of vulnerable
carriers. Data comparisons are made between current and past periods in
order to assess the current financial position of the carrier.
Financial trend lines are extended into the future to analyze the
continued viability of the carrier. DOT reviews three areas of a
carrier's operation: (1) The qualifications of its management team, (2)
its disposition to comply with laws and regulations, and (3) its
financial posture. DOT must determine whether or not a carrier has
sufficient financial resources to conduct its operations without
imposing undue risk on the traveling public. Moreover, once a carrier
is operating, DOT is required to monitor its continuing fitness.
    Senior DOT officials must be kept fully informed as to all current
and developing economic issues affecting the airline industry. In
preparing financial conditions reports or status reports on a
particular airline, financial and traffic data are analyzed. Briefing
papers may use the same information.
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to
clearly identify information it collects for non-statistical purposes.
BTS hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, submission of the information to
agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.

    Issued in Washington, DC, on January 18, 2018.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics .
[FR Doc. 2018-01184 Filed 1-22-18; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52544-52545]
[FR Doc No: 2021-20122]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2021-0862]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Disclosure
of Seat Dimensions To Facilitate the Use of Child Safety Seats on
Airplanes During Passenger-Carrying Operations

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves each passenger carrying air carrier
operating under the Code of Federal Regulations to post on the internet
website of the air carrier the maximum dimensions of a child safety
seat that can be used on those aircraft. The information to be
collected will be used to facilitate the use of child restraint systems
onboard airplanes and is required by section 412 of the FAA
Modernization and Reform Act of 2012.

DATES: Written comments should be submitted by November 22, 2021.

ADDRESSES: Please send written comments:
By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
By mail: Sandra Ray, 1187 Thorn Run Road, Suite 200, Coraopolis, PA
15108
By fax:<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Catherine Burnett by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    OMB Control Number: 2120-0760.
    Title: Disclosure of Seat Dimensions to Facilitate the Use of Child
Safety Seats on Airplanes During Passenger-Carrying Operations.
    Form Numbers: N/A.
    Type of Review: Renewal of an information collection.
    Background: Section 412 of the FAA Modernization and Reform Act of
2012 (Pub. L. 112-95) specifically required the Federal Aviation
Administration (FAA) to conduct rulemaking ``[T]o require each air
carrier operating under part 121 of title 14, Code of Federal
Regulations to post on the internet website of the air carrier the
maximum dimensions of a child safety seat that can be used on each
aircraft operated by the air carrier to enable passengers to determine
which child safety seats can be used on those aircraft.'' As a result,
the FAA amended 14 CFR 121.311, which requires passenger carrying air
carriers to make available on their websites the width of the widest
passenger seat in each class of service for each make, model and series
of airplane used in passenger-carrying operations (80 FR 58575).
Section 412 of Public Law 112-95 requires that all air carriers provide
this required information on their internet websites. The vast majority
of this burden occurred on a one-time basis as air carriers initially
provided information on their websites in order to comply with the
regulation. After initial implementation, the only time air carriers
need to update their websites after initial implementation is when a
new airplane make, model, or series is introduced to an air carrier's
fleet, or when an air carrier replaces the widest or narrowest seats
installed on an existing airplane make, model, or series with wider or
narrower seats. The purpose of this collection is to facilitate the use
of child restraint systems onboard airplanes by providing greater
information to caregivers to help them determine whether a particular
child restraint system will fit in an airplane seat.
    Respondents: Approximately 44 operators.
    Frequency: As required by regulation.
    Estimated Average Burden per Response: Varies per requirement.
    Estimated Total Annual Burden: 327 Hours.

    Issued in Washington, DC on September 14, 2021.
Sandra L. Ray,
Aviation Safety Inspector, AFS-260.
[FR Doc. 2021-20122 Filed 9-20-21; 8:45 am]
BILLING CODE 4910-13-P


Attachment 3 PM2.5 Monitoring Trends for Macon, Athens, and Rossville Monitors Macon   Allied Chemical Macon   Forestry Athens Rossville 2001 Arithmetic Mean 16.1 ug/ m3 13.8 ug/ m3 17.5 ug/ m3 15.9 ug/ m3 2002 Arithmetic Mean 14.8 ug/ m3 13.2 ug/ m3 15.0 ug/ m3 14.8 ug/ m3 2003 Arithmetic Mean 14.8 ug/ m3 13.0 ug/ m3 14.3 ug/ m3 16.0 ug/ m3 2001 2003 Design Value 15.2 ug/ m3 13.3 ug/ m3 15.6 ug/ m3 15.6 ug/ m3 2004   1st Quarter 14.5 ug/ m3 12.4 ug/ m3 13.5 ug/ m3 11.7 ug/ m3 2004   2nd Quarter 16.4 ug/ m3 13.7 ug/ m3 15.0 ug/ m3 14.7 ug/ m3 2004   1st & 2nd Quarter Arithmetic Mean 15.4 ug/ m3 13.1 ug/ m3 14.2 ug/ m3 13.2 ug/ m3 2004 Critical Value* 15.4 ug/ m3 18.8 ug/ m3 15.7 ug/ m3 14.2 ug/ m3 2002 2004 Design Value using 1st & 2nd Quarter 2004 15.0 ug/ m3 13.1 ug/ m3 14.5 ug/ m3 14.7 ug/ m3 * Critical Value is the minimum 2004 arithmetic mean that would result in a 2002 2004 design value that exceeds the annual PM2.5 standard for each specific monitor.

The data for the Macon Allied Chemical monitor shows PM2.5 levels that are very close to the critical value so far this year. Attainment of the PM2.5 standard for this monitor will depend on the levels measured for the 3rd and 4th quarter of 2004. Most likely, we will not have a good indication of this monitor's status until after the 4th quarter since PM2.5 levels in the 2nd and 3rd quarters are generally higher than the 1st and 4th quarters. The date for the Macon Forestry monitor indicates that this monitor will continue to show compliance with the PM2.5 standard. For this reason, EPD recommends that Bibb County and the portion of Monroe County that contains Plant Scherer ( specific boundary included in earlier correspondence) be designated " attainment/ unclassifiable" for PM2.5.

The 1st & 2nd quarter data for Athens clearly shows a continued downward trend in PM2.5 levels. The 2004 arithmetic mean should easily stay below the critical value of 15.7 ug/ m3, thus achieving attainment of the PM2.5 standard for Athens. For this reason, EPD recommends that Clarke County be designated " attainment/ unclassifiable" for PM2.5.

The 1st & 2nd quarter data for the Rossville Monitor shows PM2.5 levels well below historical levels. Should this trend continue, the 2004 arithmetic mean should be well below the critical value of 15.7 ug/ m3. EPD therefore, requests that Walker County be designated as " attainment/ unclassifiable." Once the final 2004 data for the Rossville monitor is obtained, EPD can then consult with the Tennessee Department of Environment and Conservation and U. S. EPA concerning the final classification of the Chattanooga area and the nonattainment area boundary should the Chattanooga area eventually be classified as nonattainment for PM2.5.


[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50148-50149]
[FR Doc No: 2023-16215]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2002-0091; FRL-11252-01-OMS]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Ambient Air Quality Surveillance (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``Ambient Air Quality
Surveillance (EPA ICR Number 0940.30, OMB Control Number 2060-0084) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through July 31,
2023. Public comments were previously requested via the Federal
Register on February 17, 2023, during a 60-day comment period. This
notice allows for an additional 30 days for public comments. This
notice allows for an additional 30 days for public comments.

DATES: Comments may be submitted on or before August 31, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2002-0091, to EPA online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Kevin Cavender, Air Quality Assessment
Division, Office of Air Quality Planning and Standards, C304-06,
Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through July 31, 2023. 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.
    Public comments were previously requested via the Federal Register
on February 17, 2023, during a 60-day comment period (88 FR 10315).
This notice allows for an additional 30 days for public comments.
Supporting documents, which explain in detail the information that the
EPA will be collecting, are available in the public docket for this
ICR. The docket can be viewed online at www.regulations.gov or in
person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution
Ave. NW, Washington, DC. The telephone number for the Docket Center is
202-566-1744. For additional information about EPA's public docket,
visit https://www.epa.gov/dockets.
    Abstract: This ICR includes ambient air monitoring data and other
supporting measurements reporting and recordkeeping activities
associated with the 40 CFR part 58 Ambient Air Quality Surveillance
rule. These data and information are collected by various state and
local air quality management agencies and reported to the EPA's Office
of Air Quality Planning and Standards within the Office of Air and
Radiation.
    The data collected through this information collection consist of
ambient air concentration measurements for the seven air pollutants
with national ambient air quality standards (i.e., ozone, sulfur
dioxide, nitrogen dioxide, lead, carbon monoxide, PM2.5 and
PM10), ozone precursors, air toxics, meteorological
variables at a select number of sites, and other supporting
measurements. Accompanying the pollutant concentration data are quality
assurance/quality control data and air monitoring network design
information.
    The EPA and others (e.g., state and local air quality management
agencies, tribal entities, environmental groups, academic institutions,
industrial groups) use the ambient air quality data for many purposes
including informing the public and other interested parties of an
area's air quality, judging an area's air quality in comparison with
the established health or welfare standards, evaluating an air quality
management agency's progress in achieving or maintaining air pollutant
levels below the national and local standards, developing and revising
State Implementation Plans (SIPs), evaluating air pollutant control
strategies, developing or revising national control policies, providing
data for air quality model development and validation, supporting
enforcement actions, documenting episodes and initiating episode
controls, air quality trends assessment, and air pollution research.
    The state and local agencies and tribal entities with
responsibility for reporting ambient air quality data and information
as requested in this ICR submit these data electronically to the EPA's
Air Quality System (AQS) database. Quality assurance/quality control
records and

monitoring network documentation are also maintained by each state and
local agency, in AQS electronic format where possible.
    Although the state and local air pollution control agencies and
tribal entities are responsible for the operation of the air monitoring
networks, the EPA funds a portion of the total costs through federal
grants. The costs shown in this renewal are the total costs incurred
for the monitoring program regardless of the source of the funding.
This practice of using the total cost is consistent with prior ICR
submittals and renewals.
    Form numbers: None.
    Respondents/affected entities: State, Local, and Tribal Air
Pollution Control Agencies.
    Respondent's obligation to respond: Mandatory (40 CFR part 58).
    Estimated number of respondents: 168 (total).
    Frequency of response: Quarterly.
    Total estimated burden: 1,449,968 hours (per year). Burden is
defined at 5 CFR 1320.03(b)
    Total estimated cost: $181,278,444 (per year), includes $70,147,486
annualized capital or operation & maintenance costs.
    Changes in the estimates: This is a decrease of 321,694 hours in
the total estimated respondent burden compared with that identified in
the ICR currently approved by OMB. This decrease is due to the
consolidation of monitors into fewer sites, consolidation of PAMS
network burden estimates to avoid double counting, termination of
unnecessary monitors, and more efficient automated procedures (e.g.,
moving from manual samplers to automated continuous samplers) for
measuring and reporting data. The decrease is offset somewhat by the
additional burden and cost estimates included for asset management and
sensors.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023-16215 Filed 7-31-23; 8:45 am]
BILLING CODE 6560-50-P