[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Rules and Regulations]
[Pages 49993-49994]
[FR Doc No: 2022-17441]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0646]
RIN 1625-AA00

Safety Zone; Lake of the Ozarks, Mile Marker 7 Lake of the
Ozarks, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500 foot radius of a fireworks launch barge
at 38[deg]12'29.502''N, -92[deg]45'15.4686''W, in the main channel, of
the Lake of the Ozarks. The safety zone is to protect personnel,
vessels, and the marine environment from potential hazards created by
the fireworks display. Entry of vessels or persons into the zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective on August 26, 2022, from 8:45 p.m.
through 9:45 p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0646 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MSTC Nathaniel Dibley, Waterways
Management Division U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected]

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish this safety zone by
August 26, 2022 and lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the fireworks display on the Lake of the Ozarks.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper
Mississippi River (COTP) has determined that potential hazards
associated with the fireworks display on August 26, 2022 will be a
safety concern for anyone on the Lake of the Ozarks at the designated
launch location. This rule resulted from a marine event notification
stating that there will be a fireworks display on the Lake of the
Ozarks. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
before, during, and after the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:45 p.m. until 9:45 p.m.
on August 26, 2022. The safety zone will cover all navigable waters
within a 500 foot radius of a fireworks launch barge located at mile
marker 7 on the Lake of the Ozarks. The duration of this zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters before, during, and after the fireworks display.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Upper Mississippi River. The COTP or a designated
representative will inform the public of the enforcement date and times
for these safety zones, as well as any emergent safety concerns that
may delay the enforcement of the zones.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on on size, location,
and duration of the temporary safety zones. This action involves a
fireworks display at 38[deg]12'29.502''N, -92[deg]45'15.4686''W, in the
main channel, on the Lake of the Ozarks on August 26, 2022. Moreover,
the Coast Guard will publish a Local Notice to Mariners and mariners
may seek permission to enter the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 1 hour that will prohibit entry within a 500
foot radius of a fireworks launch barge. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0646 to read as follows:

Sec.  165.T08-0646  Safety Zone; Lake of the Ozarks, Mile Marker 7.

    (a) Location. The following area is a safety zone: all navigable
waters extending 500 feet in all directions around a fireworks launch
barge at 38[deg]12'29.502''N, -92[deg]45'15.4686''W, in the main
channel, on the Lake of the Ozarks.
    (b) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, persons and vessels are prohibited from
entering the safety zone unless authorized by the Captain of the Port
Sector Upper Mississippi River (COTP) or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Upper Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF radio Channel 16 or by
telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative while
navigating in the regulated area.
    (c) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through either a Safety Marine
Information Broadcast (SMIB), Broadcast Notice to Mariners (BNM) and or
the Local Notices to Mariners (LNMs).
    (d) Enforcement period. This section will be enforced from 8:45
p.m. until 9:45 p.m. on August 26, 2022.

A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2022-17441 Filed 8-12-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69976-69977]
[FR Doc No: 2014-27797]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: General
Operating and Flight Rules

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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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 Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on September 3, 2014. Part A of Subtitle VII of the Revised
Title 49 U.S.C. authorizes the issuance of regulations governing the
use of navigable airspace. Information is collected to determine
compliance with Federal regulations. Respondents are individual airmen,
state or local governments, and businesses.

DATES: Written comments should be submitted by December 24, 2014.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    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.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0005.
    Title: General Operating and Flight Rules.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on this collection of information was
published on September 3, 2014 (79 FR 52404). The requirements of 14
CFR part 91, General Operating and Flight Rules, are authorized by Part
A of Subtitle VII of the Revised Title 49 United States Code. 14 CFR
part 91 prescribes rules governing the operation of aircraft (other
than moored balloons, kites, rockets and unmanned free balloons) within
the United States. The reporting and recordkeeping requirements
prescribed by various sections of 14 CFR part 91 are necessary for FAA
to assure compliance with these provisions.
    Respondents: Approximately 21,200 airmen, state or local
governments, and businesses.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 34 minutes.
    Estimated Total Annual Burden: 241,949 hours.

    Issued in Washington, DC, on November 18, 2014.
Yvette Landers,
Manager, IT Strategy, Policy, & Business Planning Division, ASP-100.
[FR Doc. 2014-27797 Filed 11-21-14; 8:45 am]
BILLING CODE 4910-13-P


 ADVANCE \y63

	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	REGION III

1650 Arch Street

	Philadelphia, Pennsylvania 19103-2029

January 30, 2008

Mr. David K. Paylor, Director

Virginia Department of Environmental Quality

P.O. Box 1105

Richmond, Virginia 23218

Dear Mr. Paylor:

On January 7, 2008, the U.S. Environmental Protection Agency (EPA)
received a revision to the Virginia State Implementation Plan (SIP) from
the Virginia Department of Environmental Quality concerning amendments
to existing regulations (9 VAC 5 Chapter 30) covering the particulate
matter national ambient air quality standards.  The SIP revision added
the new 24-hour standard of 35µg/m3 for fine particulate matter
(PM2.5), retained the current 24-hour standard of 65µg/m3during the
transition to the new standard, added transitional language to clarify
implementation of these standards, retained the level of the annual
PM2.5 standard at 15µg/m3, removed obsolete language referencing the
annual PM10 standard, and added new reference conditions.  EPA has
determined that the submittal is administratively and technically
complete, and is being reviewed to prepare a Notice of Final Rulemaking.

If members of your staff have any questions, they may direct them to
Gobeail McKinley, Air Quality Planning Branch at<PHONE_NUMBER>.  She is
the principal contact for this rulemaking.

Sincerely,

					          Judith M. Katz, Director /s/

                                                                     Air
Protection Division

	Customer Service Hotline: 1-800-438-2474


 FINAL SUPPORTING STATEMENT  -  PART A
 RECORDKEEPKING AND REPORTING RELATED TO FUEL QUALITY REGULATIONS FOR DIESEL FUEL SOLD IN 2001 & LATER YEARS; FOR TAX- EXEMPT (DYED) HIGHWAY DIESEL FUEL; AND NON-ROAD LOCOMOTIVE & MARINE DIESEL FUEL: RENEWAL

 DOCKET EPA-HQ-OAR-2007-1121 EPA ICR No.: 1718.10

 IDENTIFICATION OF THE INFORMATION COLLECTION

       1(a)	Title of the Information Collection

Fuel Quality Regulations for Diesel Fuel Sold in 2001 & Later Years; for Tax-Exempt (Dyed) Highway Diesel Fuel; & Non-Road Locomotive & Marine Diesel Fuel (Renewal). EPA Control Number 1718.10, OMB Control Number: 2060-0308.

       1(b)	Short Characterization/Abstract

 This ICR renewal is related to EPA's diesel fuel regulations under 40 CFR Part 80, Subpart I, applicable to highway ("motor vehicle" or "MV") diesel fuel and non-road, locomotive and marine diesel fuel (NRLM) and heating oil (HO). Most of the information collected under this ICR is used to evaluate compliance with the requirements of the regulations. Since virtually all MV diesel fuel was required to meet a 15 part per million (ppm) sulfur standard as of June 1, 2010, very little reporting related to MV diesel fuel remains. However, reporting related to NRLM and HO will continue throughout the course of this proposed ICR renewal. The activities associated with this ICR include: registration (all parties have registered; updates to existing registrations are still possible); compliance reports (mostly covering NRLM and HO; updates to prior compliance reports for MV diesel are still possible); research and development (R&D) exemptions; generation and retention of quality assurance (QA) records; foreign refiner recordkeeping and reporting; placement of PTD codes (a typically automated process, to indicate the presence of dye in tax-exempt fuel and/or sulfur content). This ICR renewal contains provisions related to qualification of laboratories on performance-based test methods. Virtually all applications have already been received from laboratories and acted upon by EPA.

 NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authority for the Collection

 This supporting statement covers the recordkeeping and reporting requirements and the associated costs to various parties (e.g., refiners, importers, distributors, and retailers of diesel fuel). These general recordkeeping and requirements are necessary to enable the Administrator to:

 Identify the sources of diesel fuel; and

 Ensure that these sources comply with the standards and limitations of the rules.

 An effective enforcement scheme is necessary to ensure that the environmental goals of the diesel program are met, and that those complying with the requirements in good faith are not disadvantaged by non-complying parties. The diesel program requirements create a significant economic incentive for noncompliance.

For performance-based qualification of test methods for diesel fuel, reported data will enable EPA to:

 Qualify laboratories to use test methods based upon accuracy and precision criteria that is supported by industry.

 Ensure that diesel fuel and heating oil meet the standards required under the regulations at 40 CFR Part 80 and that the associated benefits to human health and the environment are realized.

       2(b)	Practical Utility/Users of the Data

EPA will use the information contained in the reports required by this information collection to evaluate the compliance of parties involved in the production and importation of diesel with the diesel fuel requirements. These reports will also be used by EPA to target compliance investigations.

PTDs maintained by parties in the diesel fuel distribution system and records related to diesel blending will be used to evaluate the compliance of the parties that maintain the records, and to help evaluate upstream compliance. PTDs are normally generated and retained in the course of business (i.e., they are customary business practices or "CBP"). There is a small burden associated with the placement of sulfur content and/or dye notices, a process which is typically automated.

The automatically printed notice on tax-exempt highway diesel product transfer documents (which EPA allows to be stated in coded form to save space), allows EPA to determine if dyed product is intended for highway use or is high sulfur diesel for off-road use only. It also helps industry to make this determination.

 The EPA's Office of Enforcement and Compliance Assurance, Air Enforcement Division is the governmental user of the information contained in the required records.

 NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3(a)	Non-Duplication
Efforts have been made to eliminate duplication in this information collection. Where possible, information requirements from various organizations within the Agency have been combined to minimize the submittal of duplicate information in different formats. The information in this collection will not be available from another source.

       3(b)	Public Notice Prior to Submission to OMB

We are publishing a Federal Register notifying parties that announces our intention to renew this information collection to include form [ECA030] 1,000 ppm ECA Marine Fuel Sulfur Precision Demonstration. Even though this ICR is not scheduled to expire until January 31, 2016, the ICR needs to be opened to update the industry burden for this form.

       3(c)	Consultations

The industry will be able to comment 30 days on the cost estimates in this final supporting statement placed in the public docket EPA-HQ-OAR-2007-1121. During the 60 day comment period, the Agency received no comment.  The first federal register notice was published May 29, 2015 (80FR-30677).  EPA made an assertive effort to solicit input on the final supporting statement.  We sent the estimates to members of the regulated community Patrick Kelley, Senior Policy Advisor American Petroleum Institute at<PHONE_NUMBER> and Tim Hogan, Motor Fuels Director American Fuel & Petrochemical Manufacturers at<PHONE_NUMBER> in an effort to solicit input. The respondents expressed general agreement with the estimates in this supporting statement.  Mr. Hogan addressed a few questions about the time needed to respond to two of our forms, DSFO401 Diesel Sulfur Batch Report and DSFO601 Designate and Track Total Volume.  He suggested that the hour response should be higher.  Mr. Hogan also pointed out two other forms, DSF0900 Motor Vehicle Diesel Sulfur Pre-compliance and DSF0951 NRLM Diesel Sulfur Pre-compliance. These forms are held for recordkeeping and reporting reasons and will be taken down with the next ICR three year cycle.

       3(d)	Effect of Less Frequent Collection

 The diesel rule requires refiners and importers to submit annual reports which will, by the information contained therein, demonstrate a party's compliance with the applicable sulfur standards. Less frequent submittal of such reports would severely hinder EPA's ability to monitor compliance, and would likely lead to noncompliance. In the case of the dye requirements, a less frequent collection is not practical, since the information must appear on product transfer documents at the time custody is transferred.

       3(e)	General Guidelines

 The requirement requires record retention for five (5) years. The Agency believes this is important to the success of the program. With the large economic incentive to not comply that exists because of the substantial difference in price that can exist between low sulfur diesel and high sulfur diesel, it is imperative that EPA maintain deterrence by assuring that all parties know that EPA will be able to distinguish the difference between high sulfur and low sulfur deliveries via a review of records generated in the normal course of business (i.e., CBP).  The requirement to retain for five (5) years is consistent with other record retention periods in the fuels regulations, with the applicable 5 year statute of limitations, and CBP. Most entities already keep these records for 5 or more years for tax and other business purposes.

       3(f)	Confidentiality

Proprietary information is routinely submitted by refiners and importers as part of annual reports and as part of requests for research and development or hardship exemptions.
Confidentiality for such information is covered by established Agency procedures and the regulations at 40 CFR Part 2.

       3(g)	Sensitive Questions

       No questions of a sensitive nature are asked in this information collection such as i.e. social security numbers, credit card numbers or dates of birth.

 THE RESPONDENTS AND THE INFORMATION COLLECTED 4(a)	Respondents/SIC Codes
       The respondents to this information collection are:
 Refiners (both domestic and foreign refiners who manufacture diesel for use in the U.S.)
 Importers of diesel into the U. S.
 Diesel distributors, carriers, wholesale purchaser-consumers, and retailers
 Testing laboratories

Recordkeeping and, in some cases, reporting is required by the following industries, with SIC Code/2002 NAICS Code indicated:

Refiners (2911/324110), Importers (5172/424720), Pipelines (4613),
Petroleum marketers and other distributors (5171, 5172/424710, 424720), Terminals (5171/424710),
Fuel oil dealers (5172/424720),
Fuel additive manufacturers (2911/424720),
Petroleum retailers and wholesale purchaser-consumers (5171, 5172/424710, 424720) Laboratories (8734/541380).

	4(b)	Information Requested

 Data Items

 Knowledge of the following definitions at 40 CFR Part 2 is important for a thorough understanding of the reporting and recordkeeping requirements:

"Diesel fuel" means any fuel sold in any state or Territory of the United States and suitable for use in diesel motor vehicles, diesel motor vehicle engines or diesel non-road engines, and which is commonly or commercially known or sold as diesel fuel.

 "Motor vehicle diesel fuel" means any diesel fuel, or any distillate product, that is used, intended for use, or made available for use, as a fuel in diesel motor vehicles or diesel motor vehicle engines.

 "Refinery" means a plant in the United States at which gasoline or diesel fuel is produced. "Foreign refinery" means a refinery that is located outside the United States.
 "Refiner" means any person who owns leases, operates, controls, or supervises a refinery.

 "Importer" means a person who imports gasoline, gasoline blending stocks or components, or diesel from a foreign country into the United States (including the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

 "Sulfur percentage" is the percentage of sulfur in diesel fuel by weight, as determined using one of the test methods specified in the regulations.

 "Parts per million (ppm)" is a typical method of expressing sulfur content in diesel fuel.

 "Batch of motor vehicle diesel fuel" means a quantity of diesel fuel which is homogenous with regard to those properties that are specified for motor vehicle diesel fuel under 40 CFR subpart I.

 Recordkeeping and Reporting Requirements

 Table I summarizes the information to be collected by form and respondent. If no form exists, the information item is identified by party.

 THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

 	5(a)	Agency Activities

 All reported compliance data will be reviewed by EPA.
 EPA will contact submitters about problem submissions.
 Where appropriate, we will prepare a written response to the submitter.
 The data will be stored.

       5(b)	Collection Methodology and Management

 EPA  accepts common electronic formats for most of the reporting requirements - for example, annual reports may be submitted in any of several commercial spreadsheet formats or, more simply, as comma-delimited text/comma-separated value fields.

The product transfer document information can be included on standard transfer documentation customarily used in the ordinary course of business (i.e., CBP). EPA allows the information to be encoded by upstream parties (refiners, importers, and terminals) to facilitate reporting and save space.

The information is carefully reviewed for compliance with the requirements. Most of the compliance information submitted to the Agency is claimed as business confidential. It is stored in a secure area and in a secure database.  Forms associated with collection are as follows:

DSF0100 Form:  Diesel Fuel Sulfur Credit Banking and Generation Report	5900-334
DSF0200 Form:  Diesel Fuel Sulfur Credit Transfer Report				5900-333
DSF Form:  ECA Marine Fuel Precision Demonstration				5900-352
DSF0302 Form:  Diesel Fuel Facility Report						5900-323
DSF0401 Form:  Diesel Fuel Sulfur Batch Report					5900-324
DSF0504 Forms: Designated and Track Handoff Report 				5900-325
DSF0601 Designate and Track Total Volume Report				5900-326
DSF0700 Designate Track Facility Compliance Report				5900-327
DSE0700 Form:  Designate and Track Entity Compliance Report                         	5900-328
DSE0900 Form:  Motor Vehicle Diesel Sulfur Pre-Compliance Report		5900-329
DSF0951 Form:  NRLM Diesel Sulfur Pre-Compliance Report			5900-330
DLQ001 Form:  (Used for lab test method)					EPA-420-B-14-066a

       5(c)	Small Entity Flexibility

The information collection reduces (to the extent practicable and appropriate) the burden on respondents, including small entities. The major reporting requirements apply to refiners and importers of diesel, which are not usually small businesses.

 ESTIMATING THE BURDEN AND COST OF THE COLLECTION

 Estimating the Respondent Universe

We drew upon experience implementing similar regulations among the same and similar entities to develop estimates of the burden associated with this collection.

 Estimating Respondent Costs

 Estimating Labor Costs

In discussions with industry, four labor categories were identified as having involvement: managerial, legal, professional/technical (prof/tech) and clerical. According to the Bureau of Labor Statistics, May 2013 National Industry-Specific Occupational Employment and Wage
 Estimates, mean wages were:

 Wages
 Managerial	$63.74 per hour
 Legal	$82.50 per hour
Prof/Tech 	  $56.24 per hour
 Clerical	   $17.32 per hour

 Doubling for company overhead and, for convenience, rounding to the nearest dollar, gives the following rates that will be used for this ICR:

 Total Employer Cost

Managerial
 $128
Legal
 $165
Prof/Tech
 $113
Clerical
 $  35

 The labor mix for each task is assumed to be about 0.05 hour managerial, 0.05 hour legal, 0.7 hour professional/technical, and 0.2 hour clerical. This gives an average labor cost of about $101 per hour, which will be used in this ICR. Our estimates are summarized in the following table:

 Table II - Change in Burden Based upon Expiring Approval

 ICR Expiring 12/31/15
 This Renewal
 Change (Numbers in parenthesis represent a reduction)

 Total Responses
 265,406
 25,553
 (239,853)
 Total Hours
 18,950
 11,078
 (7,872)
 * All of the cost indicated above is labor cost; we estimate that there will be $0 in capital costs associated with this ICR.

Bottom Line from Table 1.

Respondents		   	  5,753
Responses		             25,553
Hours				 11,078
Cost		                   $1,118,878

	6(c)	Estimating Agency Burden and Cost

 The Agency activities listed in 5(a) are part of an overall gasoline and diesel reporting system (including reformulated gasoline, conventional gasoline, and diesel). We estimate that this system costs approximately $120,000 in personnel costs per year (i.e. approximately (3/4) of a GS-13 employee with consideration of overhead and benefits).

 6(d) and (e)	Estimating the Respondent Universe and Total Burden and Costs, and Bottom Line Burden Hours and Costs. This was incorporated into 6(a) and (b).

 6(f)	Reasons for Change in Burden

For this renewal, we estimated a total annual respondent burden of 25,553 reports, a decrease of 239,853 reports from the last ICR approved by OMB. The number of hours decreased from 18,950 hours to 11,078 hours, a difference of 7,872 hours per year.  The annual reporting and hourly burden decreased due to an expiring yellow 124 provision no longer required for diesel fuel.  In this renewal, the Agency is also adding the electronic ECA Marine Fuel Precision Demonstration form. A contributing factor to the lowering of the industry cost was the salaries quoted in the "Bureau of Labor Statistics, May 2013 National Industry-Specific Occupational Employment and Wage Estimates, mean wages." The salaries that assisted in calculating the labor mix had slightly declined. This change has caused a decrease in the cost per report in this collection from $110 per report to $101 per report. The total estimated cost to industry is
 $ 1,118,878 a year, a difference of $ 965,622 calculated from the prior collection approved by OMB.  For future approvals, we project that the cost to report will decrease significantly.  The burden related to MV diesel reporting will phase out and virtually all laboratory qualification applications for test methods will be completed, decreasing total industry burden.

       6(g)	Burden Statement

The public reporting burden for this Environmental Protection Agency (EPA) collection of information is estimated to average 1 hours per response. This includes time for reviewing instructions and regulations, searching company records, gathering the needed data, and completing, reviewing, copying, and transmitting the collection of information. 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 or requirements; train personnel to be able to response to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2007-1121, which is available for online viewing at www.regulations.gov, or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket and Information Center is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2007-1121 and OMB Control Number 2060-0308 in any correspondence.


[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Rules and Regulations]
[Page 7810-7812]
[DOCID:fr20fe09-15]

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DEPARTMENT OF TRANSPORTATION)

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0146; Directorate Identifier 2009-CE-009-AD;
Amendment 39-15820; AD 2009-04-14]
RIN 2120-AA64

Airworthiness Directives; PILATUS AIRCRAFT LTD. Model PC-12/47E
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Field reports have indicated that during take-off with light
turbulences or after rapid roll/heading attitude changes soon after
take-off, it is possible that both PFDs (Primary Flight Display)
indicate a roll attitude offset of up to 10 degrees in the same
direction. This condition has been reported to correct itself after
several minutes of un-accelerated flight with levelled wings and no
sideslip.
    This situation, if not corrected, could result in an undesired
bank angle which constitutes an unsafe condition.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATE: This AD becomes effective February 20, 2009.
    We must receive comments on this AD by March 23, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64016; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency AD No. 2009-0028-E, dated February 11, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Field reports have indicated that during take-off with light
turbulences or after rapid roll/heading attitude changes soon after
take-off, it is possible that both PFDs (Primary Flight Display)
indicate a roll attitude offset of up to 10 degrees in the same
direction. This condition has been reported to correct itself after
several minutes of un-accelerated flight with levelled wings and no
sideslip.
    This situation, if not corrected, could result in an undesired
bank angle which constitutes an unsafe condition.
    For the reason described above, this Airworthiness Directive
(AD) mandates as an interim measure a revision of the operational
procedures to be inserted into the Pilot's Operating Handbook (POH).

You may obtain further information by examining the MCAI in the AD
docket.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
reports have indicated that during take-off with light turbulences or
after rapid roll/heading attitude changes soon after take-off, it is
possible that both PFDs (Primary Flight Display), at the same time,
incorrectly indicate a roll attitude offset of up to 10 degrees from
level. This situation, if not corrected, could result in an undesired
bank angle. Therefore, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0146; Directorate
Identifier 2009-CE-009-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-04-14 PILATUS AIRCRAFT LTD: Amendment 39-15820; Docket No. FAA-
2009-0146; Directorate Identifier 2009-CE-009-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model PC-12/47E airplanes, manufacturer
serial number (MSN) 545 and MSN 1001 and subsequent, certificated in
any category.

Subject

    (d) Air Transport Association of America (ATA) Code 34:
Navigation.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    ``Field reports have indicated that during take-off with light
turbulences or after rapid roll/heading attitude changes soon after
take-off, it is possible that both PFDs (Primary Flight Display)
indicate a roll attitude offset of up to 10 degrees in the same
direction. This condition has been reported to correct itself after
several minutes of un-accelerated flight with levelled wings and no
sideslip.
    This situation, if not corrected, could result in an undesired
bank angle which constitutes an unsafe condition.
    For the reason described above, this Airworthiness Directive
(AD) mandates as an interim measure a revision of the operational
procedures to be inserted into the Pilot's Operating Handbook
(POH).''

Actions and Compliance

    (f) Unless already done, before further flight after the
effective date of this AD, do the following:
    (1) Insert the following information into the Limitations
section of the POH: ``Maximum bank angle during climb must not
exceed 30 degrees.''
    (2) Insert the following information into the Abnormal
Procedures section of the POH: ``When a discrepancy is observed
between the PFD and the electronic standby instrument system (ESIS),
the aircraft should be flown with flight director (FD) and auto
pilot (AP) engaged until the error corrects itself. The ESIS should
be used as the primary means of attitude reference as long as the
problem exists. If the problem does not disappear after 15 minutes,
transition to visual meteorological conditions (VMC) conditions for
the rest of the flight is required.''
    (3) Insert the following information into the Normal Procedures
section of the POH: ``The FD shall be used for take-off in either
heading or navigation mode as appropriate and with the heading or
navigation properly

set. The pilot shall include the ESIS in the normal scan.''
    (4) Inserting a copy of this AD into the applicable section of
the POH satisfies the requirements of this AD.
    (5) The owner/operator holding at least a private pilot
certificate as authorized by section 43.7 of the Federal Aviation
Regulations 14 CFR 43.7 may do the actions required in this AD. Make
an entry in the aircraft records showing compliance with this
portion of the AD following 14 CFR 43.9.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows:
    (1) We changed the language of the information to be inserted
into the Limitations section in order to make the required action
legally enforceable. Specifically, we changed the word ``should'' to
``must.''
    (2) We are not allowing incorporating Temporary Revision No. 9,
dated January 30, 2009, into the POH as an alternative method of
compliance to the requirements of this AD because of the
enforceability issued described above.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD. The Manager, Standards Office, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64016; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2009-0028-E, dated February 11, 2009, and PILATUS AIRCRAFT LTD.
Temporary Revision No. 9 to PC-12/47E Pilot's Operating Handbook,
Report No. 02277, dated January 30, 2009, for related information.

    Issued in Kansas City, Missouri on February 12, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-3641 Filed 2-19-09; 8:45 am]

BILLING CODE 4910-13-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB) ( Renewal)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB) ( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for rubber tire manufacturing plants were proposed on January 20, 1983, and promulgated on September 15, 1987. Minor revisions to the standards of performance for the rubber tire manufacturing industry were proposed on February 14, 1989 and promulgated on September 19, 1989. These standards apply to undertread cementing operations, sidewall cementing operations, tread end cementing operations, bead cementing operations, green tire spraying operations, Michelin A operations, Michelin B operations, and Michelin C automatic operations, commencing construction, modification or reconstruction after January 20, 1993. This information is being collected to assure compliance with 40 CFR part 60, subpart BBB.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to rubber tire manufacturing plants provide information on the operation of the emissions control device and compliance with the VOCs standards. Semiannual reports of excess emissions are required. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) regional office.

In the development of this Information Collection Request ( ICR), we reviewed the Office of Management and Budget ( OMB) " Terms of Clearance" ( TOC) section on the active ICR. There were no comments in the TOC section.

Approximately 41 rubber tire manufacturing plants are currently subject to the standard. It is estimated that there will be no industry growth over the next three years. Although some plants may conduct operational changes, these changes will not trigger applicability of this rule. 2 We are also assuming that all plants are now using the water based sprays that meet the NSPS green tire spray limits without having to use add on control equipment. These estimates are based on information gathered from EPA's Air Facility System ( AFS) database through the Online Tracking Information System ( OTIS); consultation with the Agency's contact for the development of this rule at the Office of Air Quality Planning and Standards ( OAQPS); and the review of information available on the active ICR.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, volatile organic compound ( VOC) emissions from rubber tire manufacturing plants cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source 3 category at 40 CFR part 60, subpart BBB.

2( b) Practical Utility/ Users of the Data The control of VOC emissions from rubber tire manufacturing requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. VOC emissions from rubber tire manufacturing plants are the result of operation of the following affected facilities: undertread cementing operations, sidewall cementing operations, tread end cementing operations, bead cementing operations, green tire spraying operations, Michelin A operations, Michelin B operations, and Michelin C automatic operations affected facilities. The subject standards are achieved by the reduction of VOC emissions using thermal incinerators, and catalytic incinerators, carbon absorbers and/ or other recovery devices.

The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subpart BBB.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB 4 An announcement of a public comment period for the renewal of this ICR was published in the Federal Register ( 69 FR 29718) on May 25, 2004. No comments were received on the burden published in the Federal Register.

3( c) Consultations No comments were received on the industry burden published in the Federal Register. For this information collection, several sources were used to obtain updated information on the number of sources and on the assumptions made to determine the industry burden. As discussed in Section 1( b), the number of sources was estimated by conducting queries on the EPA's AFS database through OTIS, through consultation with Keith Barnet, the OAQPS rule lead, and Tracey Norberg, Environmental Affairs Manager for the Rubber Manufacturers Association in Washington, D. C.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

3( f) Confidentiality Any information submitted to the Agency 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 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes 5 The respondents of the recordkeeping and reporting requirements are rubber tire manufacturing plants that commenced construction, modification, or reconstruction after January 20, 1983. The SIC code for the respondents affected by the standards is U. S. Standard Industrial Classification ( SIC) 3011 which corresponds to The North American Industry Classification System ( NAICS ) 326211 for Tire Manufacturing ( except Retreading).

4( b) Information Requested ( i) Data Items All data in this ICR that are recorded and/ or reported are required by NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB).

A source must make the following reports:

Reports Notification of construction/ reconstruction. 60.7( a)( 1)

Notification of anticipated startup. 60.7( a)( 2)

Notification of actual startup. 60.7( a)( 3)

Initial performance test results. 60.8( a)

Initial compliance report that includes initial performance test, monthly schedule to be used in making compliance determinations, design and equipment specifications and compliance method. 60.8( d), 60.8( a), 60.546( a) through ( e)

Demonstration of continuous monitoring system. 60.7( a)( 5)

Physical or operational change. 60.7( a)( 4)

Periodic startup, shutdown, malfunction reports, and periods where the continuous monitoring system is inoperative. 60.7( b)

Seeking to comply with an alternative method, from use of applicable percent emission reduction requirement to applicable total ( uncontrolled) monthly VOC use limit. 60.546( h)

Initial and annual formulation data or Method 24 results to verify VOC content of water based sprays. 60.546( j)

Excess emissions report. 60.546( f) and ( g)

A source must keep the following records: 6 Recordkeeping Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative. 60.7( b)

Maintain a file of all measurements including, performance test measurements, and all other information required by this part recorded in a permanent file suitable for inspection. The file shall be retained for at least two years. 60.7( f)

Maintain records of operating parameters of monitoring device results for catalytic or thermal incinerator, or carbon absorber. 60.545( a), ( b) and ( c)

Maintain records of monthly VOCs use, number of days in compliance period, and other information needed to verify results of all monthly tests. 60.545( d) and ( e)

Maintain records of formulation data or results of Method 24 analysis of water based sprays containing less than 1.0 percent of VOC. 60.545( f)

Electronic Reporting Currently, sources are using monitoring equipment that provides parameter data in an automated way. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden. However, electronic reporting systems are still not widely used by the regulatory agencies. It is estimated that approximately 10 percent of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate a temperature monitoring device with a continuous recorder, an organics monitoring device with a continuous recorder to detect the concentration level of organic compounds, or a recovery device, as applicable.

Perform initial performance test, Reference Method 24 test or formulation data analysis for the determination of the VOC content of cements or green tire spray materials, Method 25A for the determination of the VOC concentration if using a control device, Method 2 for the determination of the flow rate at the stack gas, monthly performance test or formulation data analysis of the spray material, and repeat performance test if necessary.

Write the notifications and reports listed above. 7 Respondent Activities Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of 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.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS).

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem 8 identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Annual Respondent Burden and Cost: NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB).

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory. The 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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 13,323 ( Total Labor Hours from Table 1). These 9 hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses the following labor rates:

Managerial $ 95.32 ($ 45.39 + 110%) Technical $ 64.60 ($ 30.76 + 110%) Clerical $ 40.09 ($ 19.09 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor( s) and other costs such as photocopying and postage.

Two types of monitoring devices are used to collection information: the gas stream monitoring device and the VOC monitoring device. The gas stream temperature monitoring device has a continuous recorder to measure the temperature before and after the emission reduction at the control device. The VOC monitoring device has a continuous analyzer to measure the outlet gas concentration when a VOC recovery device is used.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Capital/ Startup Cost for One Respondent ( C) Number of New Respondents ( D) Total Capital/ Startup Cost, ( B X C) ( E) Annual O& M Costs for One Respondent ( F) Number of Respondents with O& M ( G) Total O& M, ( E X F) 10 Capital/ Startup vs. Operation and Maintenance ( O& M) Costs VOC ( organics) monitor $ 35,000 0 $ 0 $ 7,500 0 $ 0 Temperature monitors at thermal and catalytic incinerators $ 7,500 0 $ 0 $ 4,000 4.1l $ 16,400 Total Cost $ 16,400 1 An estimated 10 percent of the respondents use a temperature monitor.

There are no total capital/ startup costs for this ICR because we have assumed that none of the existing tire manufacturing plants that are not currently subject to the rule or any new plants built will conduct an operational change that triggers rule applicability. This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 16,000 ( rounded). This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 16,000. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 12,520.

This cost is based on the average hourly labor rate as follows:

Managerial $ 54.66 ( GS 13, Step 5, $ 34.16 x 1.6) Technical $ 40.56 ( GS 12, Step 1, $ 25.35 x 1.6) 11 Clerical $ 21.95 ( GS 6, Step 3, $ 13.72 x 1.6)

These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Annual Burden and Cost for the Federal Government: NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB), below.

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 41 existing sources are currently subject to the standard. It is estimated that no new sources per year will become subject to the standard in the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A) Number of New Respondents 1 ( B) Number of Existing Respondents ( C) Number of Existing Respondents That Keep Records but Do Not Submit Reports ( D) Number of Existing Respondents That Are Also New Respondents ( E) Number of Respondents ( E= A+ B+ C D)

1 4.1 4.1 36.9 4.1 41 2 4.1 4.1 36.9 4.1 41 3 4.1 4.1 36.9 4.1 41 Average 4.1 4.1 36.9 4.1 41 1 New respondents include sources with constructed, reconstructed and modified affected facilities ( 10% x 41 = 4.1). The remainder must keep records ( 90% x 41 = 36.9).

To avoid double counting respondents column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is 41. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

The total number of annual responses per year is calculated using the following table: 12 Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Method 25A 3 1 0 3 Annual Report of Formulation Data/ Method 24 41 1 0 41 Semiannual Report of Excess Emissions 13.7 2 0 27.4 Report of Operational Change 4.1 1 0 4.1 Notification of Change in Spray Materials Formulation 4.1 1 0 4.1 TOTAL 0 79.6 The number of Total Annual Responses is 80 ( rounded). This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 850,093. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost: NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB).

Note that the total annual capital and O& M costs to the regulated entity are $ 16,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents appear are attached. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 167 hours per response.

6( f) Reasons for Change in Burden Although the number of respondents has slightly reduced from 43 to 41, there is a net increase in burden hours. The increase in the burden from the most recently approved ICR is due 13 to an adjustment. The reason for this change in the burden from the most recently approved ICR is that we took into consideration not only technical hours, but also the managerial and clerical hours. The previous ICR only covered the technical burden hours. The increase in labor cost from the most recently approved ICR is due to a revised hourly labor rate from the United States Department of Labor.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 167 hours per response. 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 valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2004 0014, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OECA 2004 0014 and OMB Control Number 2060 0156 in any correspondence.

Part B of the Supporting Statement This part is not applicable, as no statistical methods were used in collecting this information. 14 Table 1: Annual Respondent Burden and Cost: NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB)

Burden Item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C)

Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H) Cost,$ b 1. Applications N/ A 2. Survey and Studies N/ A 3. Acquisition, Installation,

and Utilization of Technology and Systems N/ A 4. Reporting Requirements A. Read Instructions 1 1 1 0 0 0 0 $ 0.00 B. Required Activities a + c Initial Performance Test d 240 5 1,200 0 0 0 0 $ 0.00 Repeat of Initial Performance Test d 240 1 240 0 0 0 0 $ 0.00 Monitoring of VOC Emissions and Operations e 1 252 252 41 10,332 516.6 1,033.2 $ 758,110.50 Monthly performance tests e + j 2 12 24 0 0 0 0 $ 0.00 C. Create Information Included in 4B and 5E D. Gather Existing Information Included in 4B and 5E E. Write report 15 Burden Item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C)

Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H) Cost,$ b Notification of Actual Startupc 2 1 2 0 0 0 0 $ 0.00 Notification of Initial Performance Test a + b 2 1 2 0 0 0 0 $ 0.00 Initial Performance Test Results a + b 2 1 2 0 0 0 0 $ 0.00 Notification of Method 25A Test f 4 1 4 3 12 0.6 1.2 $ 880.50 Notification of construction or reconstruction a + b 2 1 2 0 0 0 0 $ 0.00 Report of Physical Operational Change g 4 2 8 4.1 32.8 1.64 3.28 $ 2,406.70 Report of Spray Materials Formulation Change h Formulation 4 2 8 4.1 32.8 1.64 3.28 $ 2,406.70 Semiannual Reports of Excess Emissions and Monitoring Systems Performance i 10 2 20 13.7 274 13.7 27.4 $ 20,104.75 Annual Report of Formulation Data/ Method 24 Results j 4 1 4 41 164 8.2 16.4 $ 12,033.50 5. Recordkeeping Requirements A. Read Instructions Included in 4A 16 Burden Item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C)

Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H) Cost,$ b B. Plan Activities Included in 4B C. Implement Activities Included in 4B D. Develop Record System N/ A E. Time to Enter and Transmit Information: k Records of Startup,

Shutdowns and Malfunction l 0.5 36 18 41 738 36.9 73.8 $ 54,150.75 Records of Monthly Performance Test Included in 4B Records of Emissions and Operations Included in 4B F. Time to Train Personnel N/ A G. Time for Audits N/ A Subtotal Labor Burden 11,585.6 579.28 1,158.56 $ 850,093.40 TOTAL LABOR BURDEN AND COST ( Rounded) 13,323 $ 850,093 Assumptions:

a We have assumed that there are 41 existing rubber tire manufacturing plants subject to this standard, one of which mixes only rubber compound. Also, we have assumed that no new tire manufacturing plants will become subject to the standard in the next three years. In addition, we have not included the reporting requirements burden for affected facilities exemptions under 40 CFR § 60.676( d) in the table because their occurrence is very rare in practice.

b This ICR uses the following labor rates: $ 95.32 for Managerial labor, $ 64.60 for Technical labor, and $ 40.09 for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2003, " Table 10. Private industry, by occupational and industry group." The rates are from 17 column 1, " Total compensation." The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

c We have assumed that the rubber tire manufacturing plants will not construct or reconstruct an affected facility, however, they will conduct operational changes on 10 percent of the affected operations.

d A new plant typically would have about five new affected facilities. However, we are assuming that no new plants will become subject to this rule.

e Sources are required to monitor and record monthly performance tests, VOC use, the number of days in each compliance period, control device efficiency,

formulation data or the results of Method 24 analysis conducted to verify the VOC content of the spray, monitoring device data and other operational data such as the number of tires processed. We have assumed sources will operate approximately 252 days per year or 36 weeks. We have further assumed that the burden incurred to record these items is one hour per occurrence since much of the required information would be currently recorded by the industry with or without regulation.

f We have assumed that three existing sources using control devices will conduct a Method 25 test once a year to determine the VOC concentration in each stack ( source using a capture system) both entering and leaving the control device.

g We have assumed that ten percent of the existing rubber tire manufacturing plants subject to this rule will make a physical/ operational change due adding a green tire spray booth or a new line.

h A source is required to do Method 24 or formulation data analysis if the operational change involves spray materials formulation changes and results should be reported within 30 days.

i Exceedance reports submitted as applicable. Assume one third of the sources report exceedance reports for each six month period.

j We have assumed that all existing sources, will submit an annual Method 24 report or an annual formulation data report to verify the VOC content of each tread end cement and green tire spray material in lieu of conducting a monthly performance test. We have further assumed that 50 percent of the existing sources will continue to use HAP materials ( VOC) in the spray at levels that meet the green tire VOC limitations in NSPS not needing add on control devices. The remaining plants use only water based sprays and are not required to do monthly performance tests.

We have assumed that the burden incurred to record these items is one hour per occurrence per source due to the nature of the control equipment used and its intermittent use.

k We have assumed two occurrences of startup, shutdown and/ or malfunction per source per month which yields an average of 18 occurrences per source per respondent( 36 weeks). 18 Table 2. Annual Burden and Cost for The Federal Government: NSPS for Rubber Tire Manufacturing ( 40 CFR part 60, subpart BBB)

Burden Item ( A) Technical Person hours per occurrence ( B) Number of occurrences per plant per year ( C)

Person hours per plant per year ( C= AxB) ( D)

Plants per year a ( E) Technica l hours per year ( E= CxD) ( F) Management hours per year ( F= 0.05xE) ( G) Clericalperson hours per year ( G= 0.1xE) ( H)

Cost, $ b Notification of actual startup c 2 1 2 0 0 0 0 $ 0.00 Notification of initial performance test c 2 1 2 0 0 0 0 $ 0.00 Report of performance test results c 2 1 2 0 0 0 0 $ 0.00 Notification of construction or reconstruction c 2 1 2 0 0 0 0 $ 0.00 Notification of Method 25A Test d 8 1 8 3 24 1.2 2.4 $ 1,091.71 Notification of Change in Spray Materials Formulation e 2 1 2 4.1 8.2 0.41 0.82 $ 373.00 Semiannual reports of excess emissions and monitoring systems performance f 4 2 8 13.7 109.6 5.48 10.96 $ 984.65 Annual Report of Formulation Data/ Method 24 Results g 5 1 5 41 205 10.25 20.50 $ 9,325.05 Report of Operational Change h 4 1 4 4.1 16.4 0.82 1.64 746.00 Subtotal 363.2 18.16 36.32 $ 12,520.4 1 19 Burden Item ( A) Technical Person hours per occurrence ( B) Number of occurrences per plant per year ( C)

Person hours per plant per year ( C= AxB) ( D)

Plants per year a ( E) Technica l hours per year ( E= CxD) ( F) Management hours per year ( F= 0.05xE) ( G) Clericalperson hours per year ( G= 0.1xE) ( H)

Cost, $ b TOTAL LABOR BURDEN AND COST ( rounded) 418 $ 12,520 Assumptions:

a We have assumed that there are 41 existing rubber tire manufacturing plants subject to this standard, one of which mixes only rubber compound. Also, we have assumed that no new tire manufacturing plants will become subject to the standard in the next three years.

b We have assumed the following labor rates of $ 55.66 for Managerial labor, $ 40.56 for Technical labor, and $ 21.95 for Clerical labor. These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay.

c The regulatory agency will have no burden associated with initial requirements since there will be no new sources.

d We have assumed that three existing sources using control devices will conduct a Method 25 test once a year to determine the VOC concentration in each stack ( source using a capture system) both entering and leaving the control device.

e A source is required to do Method 24 or formulation data analysis if the operational change involves spray materials formulation changes and results should be reported within 30 days.

f Exceedance reports submitted as applicable. Assume one third of sources report exceedance reports for each six month period.

g We have assumed that all existing sources, will submit an annual Method 24 report or an annual formulation data report to verify the VOC content of each tread end cement and green tire spray material in lieu of conducting a monthly performance test. We have further assumed that 50 percent of the existing sources will continue to use HAP materials ( VOC) in the spray at levels that meet the green tire VOC limitations in NSPS not needing add on control devices. The remaining plants use only water based sprays and are not required to do monthly performance tests. We have assumed that the burden incurred to record these items is one hour per occurrence per source due to the nature of the control equipment used and its intermittent use.

h We have assumed that ten percent of the existing rubber tire manufacturing plants subject to this rule will make a physical/ operational change due adding a green tire spray booth or a new line.


[Federal Register: February 26, 2007 (Volume 72, Number 37)]
[Notices]
[Page 8369]
[DOCID:fr26fe07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-169-000]

Questar Overthrust Pipeline Company; Notice of Proposed Changes
in FERC Gas Tariff

February 20, 2007.
    Take notice that on February 12, 2007, Questar Overthrust Pipeline
Company (Overthrust) tendered for filing as part of its FERC Gas
Tariff, First Revised Volume No. 1-A, the following tariff sheets, to
be effective March 12, 2007:

First Revised Volume No. 1-A
Fourth Revised Sheet No. 31
Fifth Revised Sheet No. 32
Seventh Revised Sheet Nos. 33 and 34
Fifth Revised Sheet No. 34A
Fourth Revised Sheet No. 66
Original Sheet No. 66A

    Overthrust states it is proposing to modify its gas quality
specifications to control hydrocarbon liquid dropout by setting a
maximum Cricondentherm Hydrocarbon Dew Point (CHDP) with a safe harbor
provision.
    Overthrust states that copies of the filing have been served upon
Overthrust's customers and the public service commissions of Utah and
Wyoming.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E7-3225 Filed 2-23-07; 8:45 am]

BILLING CODE 6717-01-P