[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Rules and Regulations]
[Pages 16296-16298]
[FR Doc No: 2021-06390]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0944; Airspace Docket No. 20-ACE-26]
RIN 2120-AA66

Amendment of V-67, V-190, and V-429; Establishment of T-312; and
Revocation of V-125 and V-335 in the Vicinity of Marion, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airways V-67, V-190, and V-429; establishes Area Navigation (RNAV)
route T-312; and removes VOR Federal airways V-125 and V-335 in the
vicinity of Marion, IL. The Air Traffic Service (ATS) route
modifications are necessary due to the planned decommissioning of the
VOR portion of the Marion, IL, VOR/Distance Measuring Equipment (VOR/
DME) navigation aid (NAVAID). With the exception of the RNAV route T-
312, the Marion VOR/DME NAVAID provides navigation guidance for
portions of the affected ATS routes. The VOR is being decommissioned as
part of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, June 17, 2021. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2020-0944 in the Federal Register (85 FR 70532; November 5,
2020), amending VOR Federal airways V-67, V-190, and V-429;
establishing RNAV route T-312; and removing VOR Federal airways V-125
and V-335 in the vicinity of Marion, IL. The proposed amendment,
establishment, and revocation actions were due to the planned
decommissioning of the VOR portion of the Marion, IL, VOR/DME NAVAID.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments were
received.
    Subsequent to the NPRM, the FAA published a NPRM correction for
Docket No. FAA-2020-0944 in the Federal Register (85 FR 72612; November
13, 2020), correcting the airspace docket number for this action that
was published in the NPRM. The correction changed all of the airspace
docket number references from ``20-AGL-26'' to ``20-ACE-26.'' The
correct airspace docket number for this action is 20-ACE-26 and is
included in this rule.
    VOR Federal airways are published in paragraph 6010(a) and RNAV T-
routes are published in paragraph 6011 of FAA Order 7400.11E, dated
July 21, 2020, and effective September 15, 2020, which is incorporated
by reference in 14 CFR 71.1. The VOR Federal airways listed in this
document will be subsequently published in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by modifying VOR Federal airways
V-67, V-190, and V-429; establishing RNAV route T-312; and removing VOR
Federal airways V-125 and V-335. The planned decommissioning of the VOR
portion of the Marion, IL, VOR/DME NAVAID has made this action
necessary.
    The VOR Federal airway changes are outlined below.
    V-67: V-67 extends between the Choo Choo, TN, VOR/Tactical Air
Navigation

(VORTAC) and the Shelbyville, TN, VOR/DME; and between the Cunningham,
KY, VOR/DME and the Rochester, MN, VOR/DME. The airway segment
overlying the Marion, IL, VOR/DME between the Cunningham, KY, VOR/DME
and the Centralia, IL, VORTAC is removed due to the Marion VOR being
decommissioned. Additionally, the airway segment between the Centralia,
IL, VORTAC and the intersection of the Centralia, IL, VORTAC 010[deg]
and Vandalia, IL, VOR/DME 162[deg] radials (CORKI fix) is also removed
due to V-313 overlaying the same airway segment. The unaffected
portions of the existing airway remain as charted.
    V-125: V-125 extends between the intersection of the Farmington,
MO, VORTAC 046[deg] and Marion, IL, VOR/DME 282[deg] radials (NIKEL
fix) and the St Louis, MO, VORTAC. The airway is removed in its
entirety.
    V-190: V-190 extends between the Phoenix, AZ, VORTAC and the Pocket
City, IN, VORTAC. The airway segment overlying the Marion, IL, VOR/DME
between the Farmington, MO, VORTAC and the Pocket City, IN, VORTAC is
removed. The unaffected portions of the existing airway remain as
charted.
    V-335: V-335 extends between the St Louis, MO, VORTAC and the
Marion, IL, VOR/DME. The airway is removed in its entirety.
    V-429: V-429 extends between the Marion, IL, VOR/DME and the Bible
Grove, IL, VORTAC; and between the Champaign, IL, VORTAC and the
Joliet, IL, VOR/DME. The airway segment overlying the Marion, IL, VOR/
DME between the Marion, IL, VOR/DME and the Bible Grove, IL, VORTAC is
removed. The unaffected portions of the existing airway remain as
charted.
    The new RNAV T-route is outlined below.
    T-312: T-312 is a new route that extends between the Hill City, KS,
VORTAC and the Pocket City, IN, VORTAC. This RNAV route mitigates the
loss of the V-190 airway segment removed between the Farmington, MO,
VORTAC and the Pocket City, IN, VORTAC as noted above and provides RNAV
routing capability from the Hill City, KS, area eastward to the Pocket
City, IN, area.
    All NAVAID radials in the VOR Federal airway descriptions below are
unchanged and stated in True degrees.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of modifying VOR Federal
airways V-67, V-190, and V-429; establishing RNAV route T-312; and
removing VOR Federal airways V-125 and V-335, due to the planned
decommissioning of the VOR portion of the Marion, IL, VOR/DME NAVAID,
qualifies for categorical exclusion under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations at
40 CFR part 1500, and in accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and Procedures, paragraph 5-6.5a, which
categorically excludes from further environmental impact review
rulemaking actions that designate or modify classes of airspace areas,
airways, routes, and reporting points (see 14 CFR part 71, Designation
of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes;
and Reporting Points). As such, this action is not expected to result
in any potentially significant environmental impacts. In accordance
with FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary
Circumstances, the FAA has reviewed this action for factors and
circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis. The
FAA has determined that no extraordinary circumstances exist that
warrant preparation of an environmental assessment or environmental
impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-67 [Amended]

    From Choo Choo, TN; to Shelbyville, TN. From INT Centralia, IL,
010[deg] and Vandalia, IL, 162[deg] radials; Vandalia; Spinner, IL;
Burlington, IA; Iowa City, IA; Cedar Rapids, IA; Waterloo, IA; to
Rochester, MN.
* * * * *

V-125 [Removed]

* * * * *

V-190 [Amended]

    From Phoenix, AZ; St. Johns, AZ; Albuquerque, NM; Fort Union,
NM; Dalhart, TX; Mitbee, OK; INT Mitbee 059[deg] and Pioneer, OK,
280[deg] radials; Pioneer; INT Pioneer 094[deg] and Bartlesville,
OK, 256[deg] radials; Bartlesville; INT Bartlesville 075[deg] and
Oswego, KS, 233[deg] radials; Oswego; INT Oswego 085[deg] and
Springfield, MO, 261[deg] radials; Springfield; Maples, MO; to
Farmington, MO.
* * * * *

V-335 [Removed]

* * * * *

V-429 [Amended]

    From Champaign, IL; Roberts, IL; to Joliet, IL.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-312 Hill City, KS (HLC) to Pocket City, IN (PXV) [New]

Hill City, KS (HLC)           VORTAC              (Lat. 39[deg]15'31.49'' N, long. 100[deg]13'33.06'' W)

MOZEE, KS                     WP                  (Lat. 38[deg]50'51.20'' N, long. 099[deg]16'35.85'' W)
Hutchinson, KS (HUT)          VOR/DME             (Lat. 37[deg]59'48.91'' N, long. 097[deg]56'02.94'' W)
DROOP, MO                     FIX                 (Lat. 37[deg]06'09.12'' N, long. 094[deg]26'42.39'' W)
Dogwood, MO (DGD)             VORTAC              (Lat. 37[deg]01'24.49'' N, long. 092[deg]52'36.92'' W)
REINS, MO                     WP                  (Lat. 37[deg]33'35.84'' N, long. 090[deg]43'00.70'' W)
Farmington, MO (FAM)          VORTAC              (Lat. 37[deg]40'24.46'' N, long. 090[deg]14'02.61'' W)
JEDPA, IL                     WP                  (Lat. 37[deg]50'22.09'' N, long. 088[deg]41'05.55'' W)
Pocket City, IN (PXV)         VORTAC              (Lat. 37[deg]55'41.95'' N, long. 087[deg]45'44.57'' W)

* * * * *

    Issued in Washington, DC, on March 24, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-06390 Filed 3-26-21; 8:45 am]
BILLING CODE 4910-13-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for the Phosphate Fertilizer Industry ( 40 CFR Part 60, Subparts T, U, V, W, and X)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for the Phosphate Fertilizer Industry ( 40 CFR Part 60, Subparts T, U, V, W, and X)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for the regulations published at 40 CFR Part 60, Subparts T, U, V, W, and X were proposed on October 22, 1974, and promulgated on August 6, 1975. These standards apply to each wet process phosphoric acid plant, each superphosphoric acid plant, each granular diammonium phosphate plant, and each triple superphosphate plant, having a design capacity of more than 15 tons of equivalent phosphorous pentoxide ( P 2 O 5) feed per calendar day. These standards also apply to granular triple superphosphate storage facilities. These standards establishes fluorides emission limitations as a measure of phosphorus bearing feed material at affected facilities at the above referenced plants. The affected facilities may include a combination of reactors, filters, evaporators, hot wells, acid sumps, cooling tanks, granulators, dryers, coolers, screens, mills, mixers, curing belts ( dens), cookers, and facilities which store run of pile triple superphosphate, depending on the type of plant.

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. 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.

Approximately 13 sources are currently subject to the regulation, and it is estimated that no new sources will become subject to the regulation over the next three years. In order to comply with the recordkeeping and reporting requirements standard, the respondents will expend approximately 1,194 hours and $ 320,000 per year. 2 These figures are based on queries conducted on the Air Facility System through the Online Tracking Information System ( OTIS), data from the Profile of the Agricultural Chemical, Pesticide, and Fertilizer Industry Sector Notebook published by EPA's Office of Compliance, and the Technical Support Document for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production, National Emissions Standards for Hazardous Air Pollutants ( NESHAP) ( 1994 Review Draft) published by EPA Office of Air Quality Planning and Standards; queries conducted on the Missouri State Government/ Business Entity Database; consultations with the Florida State Government/ Office of the Environment and a number of fertilizer companies.

In the development of this Information Collection Request ( ICR), we addressed the Office of Management and Budget ( OMB) " Terms of Clearance" on the active ICR which states:

This ICR is approved for three years. Before re submission of this ICR for extension, the agency should revisit the estimate of the number of respondents and demonstrate to OMB that the estimates are consistent with agency experience. In addition, the agency should revise wage estimates to reflect guidance provided by EPA and/ or OMB especially with respect to appropriate calculation of wage overhead.

We used the most recent data available on the Aerometric Information Retrieval System ( AIRS), Airs Facility System ( AFS) database for the NSPS program associated with the SIC ( United States Standard Industrial Classification) codes for the respondents affected by the standards. We also used the most recent data on wages from the United States Department of Labor, Bureau of Labor Statistics, March 2001, " Table 10. Private industry, by occupational and industry group," and the guidance provided by the Agency's Office of Information and the Office of Management and Budget to calculate the respondent burden. Accordingly, the wage rate obtained from the table has been increased by 110% to account for the benefit packages available to those employed by private industry.

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). 3 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, particulate emissions from the ammonium sulfate manufacturing industry cause or contributed to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category at 40 CFR Part 60, Subparts T, U, V, W, and X.

2( b) Practical Utility/ Users of the Data Source data and information requirements for phosphate fertilizer plants are outlined in Section 4( b)( i). These standards require the initial reports in accordance with the general provisions of 40 CFR 60.7. These initial reports include notification of construction or modification, reconstruction, and startup, shutdown, or malfunction. The standards also require recordkeeping to document information relating to the daily feed rate and storage of equivalent P 2 O 5. Semiannual compliance reporting is also required by the general provisions.

Amounts of P 2 O 5 are determined from Continuous Monitoring System ( CMS) records of phosphate bearing feed material or accounts for triple superphosphate stored. The standards are defined in terms of grams of fluorides emitted per metric ton of equivalent P 2 O 5 processed.

The standards limits total fluoride emission to 100 grams per megagram ( Mg) of equivalent P 2 O 5 feed as measured in Mg/ hour. Therefore, the regulations require the hourly recording of data and the maintenance of daily records for purposes of determining the feed rate used in the standard. Such records must be retained at the facility for a minimum of two ( 2) years. 4 The information generated by the monitoring, recordkeeping, and reporting requirements described above is used by the Agency to ensure that facilities affected by the NSPS continue to operate and control equipment used to achieve compliance with the NSPS. Notification of construction and startup indicates to enforcement personnel when a new affected facility has been constructed and therefore, is subject to the standards. Under the standard, data collected by an affected facility is retained at the source for a minimum of two years and made available for inspection by the Administrator.

If the information required by the standards were not collected, the Agency would have no means of ensuring that compliance with the NSPS is achieved and maintained by new, modified, or reconstructed sources subject to the regulations. Under these circumstances, an owner or operator could elect to reduce operating expenses by not installing, maintaining, or otherwise operating the control technology required by the standards. In the absence of the information collection requirements, compliance with the standards could be ensured only through continuous on site inspections by regulatory Agency personnel. Consequently, not collecting the information would result in either greatly increased expenditures of resources, or the inability to ensure compliance with the standards. Adequate monitoring, recordkeeping, and reporting is 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, Subparts T, U, V W, and X.

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 their 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 An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on September 26, 2002. No comments were received on the burden published in the Federal Register. 5 3( c) Consultations For this information collection, we conducted a number of queries. We first reviewed the information available from the Office of Compliance Sector Notebook " Profile of the Agricultural Chemical, Pesticide, and Fertilizer Industry." Then we accessed the most recent data available on the Facility Subsystem ( AFS) database of the Aerometric Information Retrieval System as maintained by Office of Air Quality Planning and Standards ( OAQPS). We also reviewed information from the " Technical Support Document," for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production, published by the Office of Air quality Planning and Standards, and gathered information from Florida State Government/ Office of the Environment, Missouri State Government/ Business Entity Database and a number of fertilizer companies listed in our queries.

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 The required information has been determined not to be confidential. However, 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. 6 4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are phosphate fertilizer facilities. The SIC ( United States Standard Industrial Classification) code for the respondents affected by the standard is 2874 ( Phosphate Fertilizer Plants).

4( b) Information Requested ( i) Data Items All data in this ICR that is recorded and/ or reported is required by New Source Performance Standards for the Phosphate Fertilizer Industry ( 40 CFR Part 60, Subparts T, U, V, W, and X).

A source must make the following reports:

Reports for 40 CFR Part 60, Subparts T, U, V, W, and X Notification of construction/ reconstruction. 60.7( a)( 1)

Notification of initial startup including compliance method. 60.7( a)( 3)

Initial performance test results. 60.8( a)

Initial performance test. 60.8( d)

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

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

Semiannual or as indicated by the Administrator reports of exceedances or monitoring systems performance. 60.7( c)

Site specific methodology plan for demonstrating compliance with standards for fluorides. 60.242( a), 60.243( d) 7 A source must maintain the following records:

Recordkeeping for 40 CFR Part 60, Subparts T, U, V, W, and X Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative. 60.7( b)

A file with records of all data measured during performance tests to demonstrate compliance with the standard including the equipment operating parameters and records of periods of operations during which the parameters where established. The file shall be retained for two years following the date of such measurements, maintenance, reports, and records. 60.7( f)

Daily record of equivalent P 2 O 5 feed rate. 60.203( b), 60.213( b) 60.223( b), 60.233 Daily record of equivalent P 2 O 5 feed rate and storage. 60.243( b)

Other records specified in an EPA approved site specific plan. 60.243( d)

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate monitoring devices that continuously measures the total pressure drop across the process scrubbing system.

Install, calibrate, maintain, and operate a flow monitoring device which can be used to determine the mass flow of phosphorus bearing feed material to the process.

As part of the performance test, determine the P 2 O 5 content ( R p) of the feed using the ( AOAC) Method 9 and Method 13A or 13b to determine the total fluoride concentration of volumetric flow rate of the effluent gas from each of the emission points.

Write the notifications and reports listed above.

Enter information required to be recorded above. 8 Respondent Activities 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 previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Presently sources are using monitoring equipment that provides parametric data in an automated way ( e. g., pressure drop and volumetric flow rate). 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.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts no 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 quarterly reports of excess emissions reports or semiannual reports of no excess emission, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the AIRS ( Aerometric Information Retrieval System) Facility Subsystem ( AFS) database. 9 5( b) Collection Methodology and Management 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 EPA Regional Office. Notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports of exceedances are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AIRS Facility Subsystem ( AFS) which is operated and maintained by EPA Office of Compliance. AFS is the EPA database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement activity 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 Currently the number of employees at a typical fertilizer plant exceeds the criterion for small business, and no new facilities are expected within the next three years. 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.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 2: Annual Industry Burden  NSPS for the Phosphate Fertilizer Industry ( 40 CFR Part 60, Subparts T, U, V, W and X).

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the Subparts 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. 10 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 1,194 hours ( Total Labor Hours from Table 2). These 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 a Technical Labor Rate of $ 57.12 per hour. This rate is from the United States Department of Labor, Bureau of Labor Statistics, March 2001, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate have been increased by 110% 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 activity in the regulations are labor and continuous emission monitoring ( CEM). There are no capital/ startup costs since we have assumed that no new sources will become subject to this rule over the threeyear period of this ICR. 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 and other costs such as photocopying and postage which are itemized in the following table.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs 11 Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Startup Cost ($) for One Source ( C) Number of New Sources to Startup ( D) Total Startup ( B X C) ( E) Annual O& M Costs ($) for One Source ( F) Number of Existing Sources with O& M ( G) Total O& M ( E X F)

Pressure drop monitor $ 27,720 0 $ 0 $ 24,630. 13 $ 320,190.

As indicated above, there are no capital/ startup costs for this ICR. This is the total of column D in the above table. These costs are shown in block 14( a), Total annualized capital/ startup costs, on the OMB 83 I form. It should be noted that the numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

The total operation and maintenance ( O& M) costs for this ICR is $ 320,190. This is the total of column G. These costs are shown in block 14( b), Total annual costs ( O& M), on the OMB 83 I form.

The total respondent non labor 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 $ 320,000 ( rounded). 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.

The increase in burden from the most recently approved ICR is an adjustment. We have determined that the increase in burden is primarily due to the annual operation and maintenance costs ( O& M) which are ongoing expenses that covers the maintenance of the monitors and other recordkeeping costs. The information for the costs could be found in the " EPA Air Pollution Control Cost Manual" dated October 2000. The cost data can be found on pages 4 19, Table 4.6: Cost Summary for Pressure Drop Across Wet Scrubber.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. Publication and distribution of the information are part of the AFS program.

Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program. 12 The average annual Agency cost during the three years of the ICR is estimated to be $ 996 ( see Table 1: Average Annual EPA Burden  NSPS for the Phosphate Fertilizer Industry ( 40 CFR Part 60, Subpart T, U, V, W, and X). This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 38.30. This rate is from the Office of Personnel Management ( OPM) " 2002 General Schedule" which excludes locality rates of pay.

6( d) Estimating the Respondent Universe and Total Burden and Costs Respondent Universe and Number of Responses Per Year Regulation Citation ( A) Average Number of New Respondents per Year ( B) Number of Reports for New Sources ( C) Number of Existing Respondents ( D) Number of Reports for Existing Sources ( F) Number of Respondents that keep records but do not submit reports ( E) Total Annual Responses = ( AxB)+( CxD)+ F 40 CFR Part 60, Subparts T, U, V, W, and X 0 6 13 2 0 26 The number of total respondents is 13. This number is the sum of column A and column C of the Respondent Universe and Number of Responses Per Year table. This represents the number of existing sources plus the number of new sources averaged over the three year period. It is shown in block 13 ( a), Number of respondents, on the OMB 83 I form.

The number of Total Annual Responses is 26. This is the number in column E of the Respondent Universe and Number of Responses Per Year table. It is shown in block 13( b), Total annual responses, on the OMB 83 I form.

The total annual labor costs are $ 68,173. This number is not shown on the OMB 83 I form. Details upon which this estimate is based appear in Table 2: Annual Respondents Burden  NSPS for the Phosphate Fertilizer Industry, ( 40 CFR Part 60, Subparts T, U, V, W, and X).

The total annual capital and O& M costs to the regulated entity are $ 320,000 ( rounded). 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. Operating and Maintenance ( O& M) Costs. 13 6( e) Bottom Line Burden Hours And Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents are attached.

6( f) Reasons for Change in Burden The increase in burden from the most recent approved ICR is due to a increase in the number of sources and more accurate cost accounting. We have assumed that there will be no new sources ( respondents) over the 3 years period of this ICR. We first determined, based on queries conducted on the Air Facility System through the Online Tracking Information System, that there were 19 respondents potentially subject to this NSPS rule. Since the active ICR indicated that there were 11 existing respondents subject to the rule and no new sources were estimated for the 3 year period, we conducted additional research and contacted each facility, and subsequently determined that the number of respondents subject to the rules addressed by this ICR is 13. This further research consisted of the review of the Profile of the Agricultural Chemical, Pesticide, and Fertilizer Industry Sector Notebook published by EPA's Office of Compliance, the Technical Support Document for Phosphoric Acid Manufacturing and Phosphate Fertilizers Production NESHAP ( 1994 Review Draft) published by EPA Office of Air Quality Planning and Standards, queries conducted on the Missouri State Government/ Business Entity Database, consultation with the Florida State Government/ Office of the Environment and contacted a number of fertilizer companies to confirm their existence.

We have determined that the increase in burden from the most recently approved ICR is also due to the annual operation and maintenance costs ( O& M) for pressure drop monitors which are ongoing costs. O& M costs were not computed in the previous ICR. The information for O& M costs can be found in the " EPA Air Pollution Control Cost Manual" dated October 2000, in Chapter 4 which covers Monitoring Systems and the Estimating of Capital and Annual Costs. The cost data for this ICR can be found on pages 4 19, Table 4.6: Cost Summary for Pressure Drop Across Wet Scrubber.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 46 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.

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 14 of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2003 0003, 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 Ave., N. W., 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 Docket is ( 202) 566 1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2003 0003 and OMB Control Number 2060 0037 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 15 TABLE 1: AVERAGE ANNUAL EPA BURDEN  NSPS for the PHOSPHATE FERTILIZER INDUSTRY ( 40 CFR PART 60, SUBPARTS T, U, V, W, and X)

EPA hrs/ Occurrences EPA hr/ Plants/ EPA occurrences plant/ year plant/ year year hrs/ year Burden Items ( A) ( B) ( C= AxB) ( D) ( E= CxD) ___________________________________________________________________________________________________________________________ _ Required Activities New Plant a Initial performance tests b 24 1 24 0 0 Repeat performance tests c 24 0.2 4.8 0 0 Report Review New Plant Notification of construction 2 1 2 0 0 Notification of initial startup 0.5 1 0.5 0 0 Notification of actual startup 0.5 1 0.5 0 0 Notification of initial test 0.5 1.2 0.6 0 0 Review test results 8 1.2 9.6 0 0 Notification of demonstration of CMS 0.5 1 0.5 0 0 Existing Plants Semiannual report of exceedances 1 2 2 13 26 TOTAL ANNUAL HOUR 26 Travel expenses d ( 1 person x 0 plant/ year x 3 days/ plant x $ 75 per diem) + ($ 350 round trip/ plant x 0 plant/ year) = $ 0/ year Salary e ( 1 person x 26 hrs/ year x $ 38.30/ hrs ) = $ 996. ( rounded)

TOTAL ANNUAL BURDEN = $ 996. ( rounded)

___________________________________________________________________________________________________________________________ ____ Assumptions:

a. Assume that there will be no new sources ( respondents) over the 3 years period of this information collection request ( ICR). b. Assume EPA personnel attend all initial performance tests. c. Assume 20 percent of initial performance tests are repeated due to failure.

d. There will be no travel expenses associated with this ICR since we have assumed that no new sources will become subject to this rule over the 3 year period of this ICR. e. The cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 38.30. This rate is from the Office of Personnel Management ( OPM) " 2002 General Schedule" which excludes locality rates of pay. 16 TABLE 2: ANNUAL INDUSTRY BURDEN  NSPS for the PHOSPHATE FERTILIZER INDUSTRY ( 40 CFR PART 60, SUBPARTS ( T, U, V, W, AND X)

Occurrences/ Hours/ Hours per respondent/ Respondent/ Respondents Hours Cost/

Occurrence year year per year per year year a Reporting/ Recordkeeping ( A) ( B) ( C= A x B) ( D) ( E = C x D) ( F= E x $ 57.12) ___________________________________________________________________________________________________________________________

1. APPLICATIONS Not Applicable 2. SURVEY AND STUDIES Not Applicable 3. REPORTING REQUIREMENTS New Sources b A. Read Instructions 1 1 1 0 0 0 B. Required Activities New Sources b Initial performance test AOCA Method 9 tests c 29.7 1 29.7 0 0 0 Reference Method 13A or 4 1 4 0 0 13B tests d Repeat performance test e 4 0.2 0.8 0 0 0 C. Create Information Included in 3B D. Gather Existing Information Included in 3E E. Write Report New Sources Notification of construction/ 2 1 2 0 0 0 reconstruction Notification of 2 1 2 0 0 0 actual startup Notification of initial 2 1 2 0 0 0 performance test Notification of demonstration 2 1 2 0 0 0 of CMS Report of initial performance test Included in 3B Site Specific methodology plan f 2 1 2 0 0 0 Existing Sources Notification of operational change g 2 1 2 2 4 228.48 Semiannual report of exceedances h 2 2 4 13 52 2,970.24 SUBTOTAL 56 3,198.72 4. RECORDKEEPING REQUIREMENTS A. Read Instructions Included in 3A B. Plan Activities Included in 3B C. Implement Activities Included in 3B D. Develop Record System Not Applicable E. Time to Enter Information Records of operating parameters 0.25 350 87.5 13 1,137.5 $ 64,974. and emissions i A. Audits Not Applicable 17 TOTAL ANNUAL BURDEN ( rounded) 1,194 ____________________________________________________________________________________________________________________ __________ Assumptions:

a. Assume a technical labor rate of $ 57.12 from the United States Department of Commerce Bureau of Labor Statistics, March 2001, Table 2: Employment Costs of Civilian Workers by Occupational and Industry Group. The rates are from column 1: Total compensation. The wage rate obtained from the table has been increased by 110% to account for the benefit packages available to those employed by private industry. b. Assume that there will be no new sources ( respondents) over the 3 years period of this ICR.

c. As specified in the general provisions each performance test shall consist of three separate runs using the applicable test method. Sources are required to use the spectrophotometric molybdovanadophosphate method ( AOAC) Method 9 published in the 11 Edition of the Official Methods of Analysis of the Association of Official Analytical Chemists dated 1970, to determine the P2O5 feed rate. d. As specified in the general provisions, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specific in the applicable rule. For these rules, the total fluoride concentration and volumetric flow rate of the effluent gas shall be determined by Method 13 which requires a sampling time and a sample volume for each run of at least 60 minutes and 0.85 dscm ( 30 dscf). e. Assume 20 percent of initial performance tests must be repeated due to failure. f. Only sources that have a granular triple superphosphate storage facility are required to submit this initial plan . g. Assume that 15% of the source would be attributed to operational changes.

h. Assume each source will submit a semiannual report due to excess emission and monitoring systems performance over the three year period.

i. Sources are required to maintain a daily record of operating parameters ( e. g., determine equivalent P2O5 content, and total pressure drop across the scrubbing system). Assume operation 350 days per year as specified in the NSPS review document.


[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Page 63158]
[FR Doc No: 2020-21989]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-5602]

Notice of Intention To Cancel Registration Pursuant to Section
203(H) of The Investment Advisers Act of 1940

September 30, 2020.
    Notice is given that the Securities and Exchange Commission (the
``Commission'') intends to issue an order, pursuant to Section 203(h)
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the
registration of Sagent Wealth Management [File No. 801-69446],
hereinafter referred to as the ``registrant.''
    Section 203(h) provides, in pertinent part, that if the Commission
finds that any person registered under Section 203, or who has pending
an application for registration filed under that section, is no longer
in existence, is not engaged in business as an investment adviser, or
is prohibited from registering as an investment adviser under section
203A, the Commission shall by order, cancel the registration of such
person.
    The registrant indicated on its most recent Form ADV filing that it
does not have regulatory assets under management of at least $100
million and is not eligible for registration with the Commission.
Accordingly, the Commission believes that reasonable grounds exist for
a finding that this registrant is no longer eligible to be registered
with the Commission as an investment adviser and that the registration
should be cancelled pursuant to section 203(h) of the Act.
    Notice is also given that any interested person may, by October 26,
2020, at 5:30 p.m., submit to the Commission in writing a request for a
hearing on the cancellation, accompanied by a statement as to the
nature of his or her interest, the reason for such request, and the
issues, if any, of fact or law proposed to be controverted, and he or
she may request that he or she be notified if the Commission should
order a hearing thereon. Any such communication should be emailed to
the Commission's Secretary at<EMAIL_ADDRESS>    At any time after October 26, 2020, the Commission may issue an
order cancelling the registration, upon the basis of the information
stated above, unless an order for a hearing on the cancellation shall
be issued upon request or upon the Commission's own motion. Persons who
requested a hearing, or who requested to be advised as to whether a
hearing is ordered, will receive any notices and orders issued in this
matter, including the date of the hearing (if ordered) and any
postponements thereof. Any adviser whose registration is cancelled
under delegated authority may appeal that decision directly to the
Commission in accordance with rules 430 and 431 of the Commission's
rules of practice (17 CFR 201.430 and 431).

ADDRESSES: The Commission<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Aaron Russ, Senior Counsel at 202-551-
5783; SEC, Division of Investment Management, Investment Adviser
Regulation Office, 100 F Street NE, Washington, DC 20549-8549.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.\1\
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    \1\ 17 CFR 200.30-5(e)(2).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-21989 Filed 10-5-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16308-16310]
[FR Doc No: 2022-05958]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0109; Notice No. 2022-02]

Hazardous Materials: Frequently Asked Questions--Applicability of
the Hazardous Material Regulations

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

ACTION: Notice; request for comments.

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SUMMARY: PHMSA is announcing an initiative to convert historical
letters of interpretation (LOI) applicable to the Hazardous Materials
Regulations that have been issued to specific stakeholders into broadly
applicable frequently asked questions on its website. By creating a
repository of frequently asked questions, PHMSA seeks to eliminate the
need for recurring requests for common letters of interpretations. This
Federal Register Notice introduces this initiative and its objectives
to those subject to the Hazardous Materials Regulations. PHMSA's
objective is to gain insight regarding the utility of this initiative
and topics to prioritize in the development of future frequently asked
questions. PHMSA requests comment on the initiative and input on the
prioritization of future sets of frequently asked questions.

DATES: Interested persons are invited to submit comments on or before
May 23, 2022. Comments received after that date will be considered to
the extent practicable.

ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2021-0109 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System; Room W12-140 on
the ground floor of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2021-0109) for this notice. To avoid duplication,
please use only one of these four methods. All comments received will
be posted without change to the Federal Docket Management System (FDMS)
and will include any personal information you provide.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public. DOT posts these comments, without edit,
including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
    Confidential Business Information (CBI): CBI is commercial or
financial information that is both customarily and actually treated as
private by its owner. Under the Freedom of Information Act (FOIA) (5
U.S.C. 552), CBI is exempt from public disclosure. If your comments
responsive to this notice contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to this notice, it is
important that you clearly designate the submitted comments as ``CBI.''
Please mark each page of your submission containing CBI as ``PROPIN.''
Submissions containing CBI should be sent to Arthur Pollack, Standards
and Rulemaking Division,<PHONE_NUMBER>, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any commentary
that PHMSA receives which is not specifically designated as CBI will be
placed in the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Arthur Pollack, Standards and
Rulemaking Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

    PHMSA is announcing an initiative to publish frequently asked
questions (FAQ) on its website to facilitate better public
understanding and awareness of the hazardous materials regulations
(HMR; 49 CFR parts 171-180). The FAQ contained in this notice are
intended to clarify, explain, and promote better understanding of the
HMR. FAQ are not substantive rules, themselves, and do not create
legally enforceable rights, assign duties, or impose new obligations
not otherwise contained in the existing regulations and standards, but
are provided to help the regulated community understand how to comply
with the regulations. However, an individual who can demonstrate
compliance with the FAQ is likely to be able to demonstrate compliance
with the relevant regulations. If a different course of action is taken
by an individual, the individual must be able to demonstrate that its
conduct is in accordance with the regulations.
    PHMSA is creating a repository of these questions, which will
remove the need for recurring requests for common letters of
interpretation and will assist PHMSA in streamlining the use of its
resources by eliminating frequently asked and recurring (LOI). This
initiative will provide additional value to PHMSA's Online Code of
Federal Regulations (oCFR) tool found at https://www.phmsa.dot.gov/standards-rulemaking/hazmat/phmsas-online-cfr-ocfr. The oCFR tool is an
interactive web-based application that allows users to navigate with a
single click between all content, including LOI connected to an HMR
citation. The oCFR tool includes the ability to sort, filter, and
export search results. Upon completion of this initiative, the PHMSA
Office of Hazardous Materials Safety (OHMS) will be able to achieve
efficiencies for other more complex or novel requests for LOI and
devote resources to other hazardous materials transportation safety
projects. Resources may be made available for other improvement-related
operations such as petitions for rulemakings, public outreach and
engagement, and economically beneficial regulatory and policy
improvements. The information provided in this notice is useful to the
regulated community, private citizens intending to offer a hazardous
material for transportation, and state and local entities involved in
hazardous materials transportation. PHMSA is publishing the first set
of questions developed under this initiative.

II. Background

    Federal hazardous materials transportation law (49 U.S.C. 5101 et
seq.) directs the Secretary of Transportation (``the Secretary'') to
establish regulations for the safe and secure transportation of
hazardous materials in commerce. The Secretary is authorized to apply
those regulations to

(1) persons who transport hazardous materials in commerce, (2) persons
who cause hazardous materials to be transported in commerce, (3)
persons who manufacture or maintain a packaging or a component of a
packaging that is represented, marked, certified, or sold as qualified
for use in the transportation of a hazardous material in commerce, (4)
persons who indicate by marking or other means that a hazardous
material being transported in commerce is present in a package or
transport conveyance when it is not, and (5) persons who tamper with a
package or transport conveyance used to transport hazardous materials
in commerce or a required marking, label, placard, or shipping
description.
    In 49 CFR 1.97, the Secretary delegated authority to issue
regulations for the safe and secure transportation of hazardous
materials in commerce to the PHMSA Administrator. The PHMSA
Administrator issues the HMR under that delegated authority. The HMR
prescribes requirements for the safe transportation in commerce of
hazardous materials, including provisions for classification,
packaging, and hazard communication.
    To facilitate its safety mission and promote better awareness of
its programs and compliance requirements, OHMS periodically issues
agency guidance in the Federal Register and on its publicly available
website \1\ for use by the regulated community, PHMSA staff, and
federal, state, and local partners. This information is non-binding
material given to the public pertaining to information and resources
useful to comply with the HMR and is also used to make the public aware
of safety issues or best practices. PHMSA issues this information
through posted FAQ, advisory bulletins, publications, and policy
manuals. PHMSA also answers questions from stakeholders through its
staff and the Hazardous Materials Information Center (HMIC) \2\ and by
issuing LOI. As provided in 49 CFR 105.20 (Guidance and
Interpretations), a member of the public may request information and
answers to questions on HMR compliance by contacting the OHMS Standards
and Rulemaking Division or the HMIC.\3\ OHMS receives an average of 250
requests for LOI each year. While each letter of interpretation is fact
specific, some of these requests for interpretations present similar
circumstances to earlier questions that have previously been asked,
answered, and published on PHMSA's oCFR website at https://www.phmsa.dot.gov/standards-rulemaking/hazmat/phmsas-online-cfr-ocfr.
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    \1\ https://www.phmsa.dot.gov/guidance.
    \2\ The HMIC can be reached at 1-800-467-4922 and
[email protected]. For additional information visit: https://www.phmsa.dot.gov/standards-rulemaking/hazmat/hazardous-materials-information-center.
    \3\ To request a formal letter of interpretation, persons may
also write to: Mr. Shane Kelley, Director, Standards and Rulemaking
Division, U.S. DOT/PHMSA (PHH-10), 1200 New Jersey Avenue SE, East
Building, 2nd Floor, Washington, DC 20590. To obtain information and
answers pertaining to statute compliance and preemption, persons
must, as prescribed by 49 CFR 105.20(b), contact the office of the
Chief Counsel at: Office of the Chief Counsel, U.S. DOT/PHMSA (PHC-
10), 1200 New Jersey Avenue SE, East Building, Washington, DC 20590,
or at<PHONE_NUMBER>.
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    The purpose of this FAQ initiative is to optimize the
effectiveness, reach, and impact of the OHMS LOI process. Through
publishing FAQ, PHMSA will memorialize in broadly applicable guidance
its historical letters of interpretation for, and applicable to,
specific stakeholders regulated by the HMR. Specifically, this
initiative will adapt currently available stakeholder engagement
functions to more directly appeal to a broader regulated community,
develop a systematic process in managing/curating agency information
that can be incorporated conveniently into existing workflows, and
create helpful tools for current stakeholders. The success of this
initiative will be measurable by monitoring PHMSA website engagement,
the rate of incoming calls to the HMIC, and the volume of incoming LOI
requests. A successful project should see an increase in website
engagement with either static or reduced rates of calls to the HMIC and
a reduced volume of incoming LOI requests. In addition, the
interpretation workflow should reflect more efficient processing and
productivity.

III. Frequently Asked Questions: Applicability of Hazardous Materials
Regulations to Persons and Functions

    Section 171.1 addresses the applicability of the HMR for the safe
and secure transportation of hazardous materials in commerce. PHMSA
proposes to publish the following series of FAQ in the Federal Register
and on its website to facilitate better understanding of the HMR
applicability requirements and avoid the need for responding to
frequent and recurring questions already addressed in accordance with
Sec.  105.20.

    (1) Question: Is a Federal, state, or local government agency
subject to the HMR?
    Answer: Pursuant to Sec.  171.1(d)(5), a Federal, state, or
local government that transports hazardous materials for non-
commercial governmental purposes using its own personnel is not
engaged in transportation in commerce and, therefore, is not subject
to the HMR. As specified in Sec.  171.1, the HMR governs the safe
transportation of hazardous materials in intrastate, interstate, and
foreign commerce. The term ``in commerce'' does not include a
Federal, state, or local government that transports hazardous
materials for its own use, using its own personnel, and motor
vehicles, aircraft, or vessel under its control.
    (2) Question: Are state universities subject to the HMR when
transporting hazardous materials?
    Answer: A state agency--such as a state university--that
transports hazardous materials for its own non-commercial use, using
its own personnel and vehicles, is not engaged in transportation in
commerce and, therefore, is not subject to the HMR. However, if the
university is privately-operated or is a state university offering
hazardous materials for transportation to commercial carriers, the
HMR apply.
    (3) Question: Is a hazardous material transported on private
roads subject to the HMR?
    Answer: Section 171.1(d)(4) states that the transportation of
hazardous materials entirely on private roads with restricted public
access is not subject to the HMR.
    (4) Question: Is a hazardous material subject to the HMR that
only crosses a public road?
    Answer: The transportation of hazardous materials that, for
example, takes place by motor vehicle and within a contiguous plant
or factory boundary, is not subject to the HMR. However, intra-plant
transport that utilizes or crosses a public road is subject to the
HMR during that portion of the transportation unless access to the
public road is restricted by gates, traffic signals, guard stations,
or similar controls, in accordance with Sec.  171.1(d)(4).
    (5) Question: Are hazardous materials installed or used in or on
a motor vehicle (e.g., gasoline in the motor vehicle's fuel tank)
subject to the HMR?
    Answer: Hazardous materials that are installed or used in or on
a motor vehicle such as the motor vehicle's fuel, suspension, or
safety systems are not subject to the HMR. Fuel systems and safety
equipment may be subject to the Federal Motor Carrier Safety
Regulations (FMCSR) or National Highway Traffic Safety
Administration (NHTSA) requirements.
    (6) Question: Is the filling of a package with a hazardous
material subject to the HMR if it is not being offered for
transportation in commerce? For example, pouring a flammable liquid
into bottles that may be transported eventually.
    Answer: The answer is no. However, if there is a chance of
future transportation in commerce, the stakeholder should consider
placing that hazardous material in packagings suitable for
transportation of that material in commerce to minimize safety risks
associated with its re-packaging.
    (7) Question: Are stationary (storage) tanks containing a
hazardous material such as propane subject to the HMR?
    Answer: The answer is no, unless the tank is transported in
commerce containing a

hazardous material or its residue or if it is represented and
maintained as a Department of Transportation (DOT) packaging usable
for hazmat transportation.
    (8) Question: Are hazardous materials being transported for
personal use subject to the HMR? For example, are pesticides that
are transported from a store by individuals to treat their garden
subject to the HMR?
    Answer: The answer is no. Under part 171, the phrase ``in
commerce'' means in furtherance of a commercial enterprise and
transportation in a private motor vehicle for personal use is not
considered in furtherance of a commercial enterprise even when
transported in a leased or rented vehicle.
    (9) Question: Are privately-owned SCUBA tanks that are used for
diving and marked as DOT specification cylinders subject to the HMR?
    Answer: A SCUBA tank that is represented as conforming to HMR
requirements--i.e., marked with a DOT specification marking--must be
maintained by the owner of said SCUBA tank in accordance with the
applicable specification requirements whether or not it is in
transportation in commerce.
    (10) Question: Are government-owned hazardous materials
transported for government purposes by contractor personnel subject
to the HMR?
    Answer: The answer is yes. As provided in Sec.  171.1(d)(5), the
HMR do not apply to transportation of a hazardous material in a
motor vehicle, aircraft, or vessel operated by a Federal, state, or
local government employee solely for noncommercial Federal, state,
or local government purposes. However, contractor personnel are not
considered government employees and the provisions of the HMR apply.
    (11) Question: Are gasoline cans transported by a landscaping
company by motor vehicle subject to the HMR?
    Answer: Commercial businesses--such as landscaping, swimming
pool services, or construction companies--transporting hazardous
materials are considered ``in commerce'' and subject to the HMR.
However, when used in support of a business, the HMR provides an
exception in Sec.  173.6 for the transport of ``materials of
trade.''
    (12) Question: Are household hazardous wastes that are
transported by a private person to a county drop-off facility
subject to the HMR?
    Answer: The answer is no, provided the household hazardous
wastes are the individual's personal property and he or she is not
engaged in a commercial activity, such as a landscaping company or
carpentry service.

IV. Notice Objectives

    FAQ in this notice--and future FAQ published on PHMSA's website--
will help to reduce the volume of duplicative requests for information
covered by the FAQ and will facilitate faster processing of more
complex and novel LOI requests in the future. Furthermore, in addition
to publishing the first set of FAQ in the Federal Register, this notice
seeks public input specific to the anticipated benefits provided by the
FAQ initiative and suggestions for future FAQ topics.

    Signed in Washington, DC, on March 16, 2022, under authority
delegated in 49 CFR 1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2022-05958 Filed 3-21-22; 8:45 am]
BILLING CODE 4910-60-P