[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49324-49332]
[FR Doc No: 2013-19492]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0090]

Reports, Forms, and Record Keeping Requirements

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on the proposed collection of information.
    This document describes a proposed collection of information under
regulations in 49 CFR parts 591, 592, and 593 that pertain to the
importation of motor vehicles and items of motor vehicle equipment that
are subject to the Federal motor vehicle safety, bumper, and theft
prevention standards.

DATES: Comments must be received on or before October 15, 2013.

ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2013- ] by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. Telephone: 1-800-647-
5527.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if

submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
http://DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and follow the
online instructions for assessing the dockets. Alternately, you may
visit in person the Docket Management Facility at the street address
listed above.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance (NVS-223), National Highway Traffic Safety
Administration, West Building--4th Floor- Room W43-481, 1200 New Jersey
Avenue SE., Washington, DC 20590. Mr. Sachs' telephone number is (202)
366-3151. Please identify the relevant collection of information by
referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION:

Prior Approval

    On November 30, 2010, NHTSA submitted to OMB a request for the
extension of the agency's approval (assigned OMB Control No. 2127-0002)
of the information collection that is incident to NHTSA's
administration of the vehicle importation regulations at 49 CFR Parts
591, 592, and 593. On January 19, 2011, OMB notified NHTSA that it had
approved this extension request through January 31, 2014. That approval
was based on NHTSA submissions identifying information being collected
on an annual basis from 63,818 respondents, expending 40,764 hours of
effort, at a cost of $1,591,243. NHTSA wishes to file with OMB a
request for that agency to extend its approval for an additional three
years.

Changes in Program

    Since the information collection associated with NHTSA's
importation program was last approved by OMB, some changes have taken
place that impact the information collection and the assessment of its
burden on affected members of the public. The volume of vehicles at
least 25 years old imported without regard to their compliance with the
Federal motor vehicle safety standards (FMVSS) under Box 1 on the HS-7
Declaration form has increased by more than 40 percent, from roughly
8,900 vehicles in 2009 to nearly 13,000 vehicles in 2012. There has
been a 75 percent increase in the volume of vehicles conforming to the
FMVSS that are imported under Box 2A, from 3.2 million in 2009 to
nearly 5.6 million in 2012. The volume of vehicles not originally
manufactured to the FMVSS that are imported by registered importers
under Box 3 has increased nearly threefold, from 10,700 vehicles in
2009, to over 30,000 vehicles in 2012. During the same period, a forty
percent increase has occurred in the volume of vehicles at least 25
years old that can be imported without regard to their compliance with
applicable FMVSS, from nearly 9,000 to almost 13,000 vehicles. There
has been a 60 percent decrease in the volume of vehicles imported for
export only under Box 4, from nearly 50,000 vehicles in 2009 to
slightly more than 20,000 in 2012. The volume of nonconforming vehicles
temporarily imported for research or demonstration purposes under Box 7
has increased by 50 percent, from 4,000 vehicles in 2009 to 6,000 in
2012. Finally, the volume of vehicles not originally manufactured for
use on public roads that are declared as off-road vehicles not subject
to the FMVSS under Box 8 has more than tripled, from less than 100,000
in 2009 to 326,000 in 2012.
    The focus of NHTSA's importation program has traditionally been on
vehicles that were not originally manufactured to comply with all
applicable FMVSS. These vehicles must be imported by a registered
importer (RI) under bond to ensure that the vehicles are brought into
compliance with applicable standards following importation.
Nonconforming vehicles are entered under Box 3 on the HS-7 Declaration
form. In calendar year 2002, 212,210 nonconforming vehicles were
imported under Box 3. Over 97 percent of those vehicles were imported
from Canada. In 2003, after the U.S. dollar began to weaken against the
Canadian dollar, the volume of nonconforming vehicle imports under Box
3 was reduced by more than half, to 97,337 vehicles. The trend
accelerated over the next five years, with 43,648 vehicles imported
under Box 3 in 2004, 12,642 imported in 2005, 10,953 imported in 2006,
7,470 imported in 2007, and 6,311 imported in 2008. After the U.S.
dollar had gained some strength against the Canadian dollar, the volume
of imports under Box 3 increased to 10,752 vehicles in 2009, and
continued to increase to 18,010 vehicles in 2010, 22,733 vehicles in
2011, and 30,138 in 2012.
    When NHTSA last requested OMB approval for the information
collection associated with the vehicle importation program, the agency
estimated that 8,200 nonconforming vehicles would be imported on an
annual basis under Box 3, for which HS-7 Declaration forms and HS-474
DOT Conformance bonds would have to be furnished. The agency estimated
that it would take five minutes to complete each HS-7 Declaration form,
and six minutes to complete each HS-474 DOT Conformance bond, for a
total expenditure of 1,503 hours to complete these forms. Given the
continued rise in nonconforming vehicle imports under Box 3 in recent
years, future projections should assume an average of 23,600 vehicle
imports per year. Relying on this figure, the hour burden associated
with the completion of paperwork for these vehicles would be close to
1,503 hours (0.08333 hours to complete each HS-7 x 23,600 vehicles =
1,967 hours; 0.1 hours to complete each HS-474 x 23,600 vehicles =
2,360 hours; 1,967 + 2,360 = 4,327 hours). This represents nearly a 300
percent increase in burden hours associated with these entries when
compared to the figures used when OMB approval was last obtained.

Scope of Accounting for Burdens

    In this document, the agency has not focused exclusively on
vehicles imported under the RI program, but has instead made a
concerted effort to quantify the hour burden associated with the
completion of paperwork for vehicles and equipment items imported in
any legitimate way under NHTSA's regulations. As a consequence, we are
providing particular information on the paperwork burden associated
with the importation of conforming motor vehicles; the temporary
importation of nonconforming vehicles for personal use by nonresidents
and by foreign diplomatic and military personnel; the temporary
importation of nonconforming vehicles for purposes of research,
investigations, demonstrations or training, and other similar purposes;
the importation of vehicles that are not primarily manufactured for on-
road use; and other entry categories permitted under the agency's
regulations. In addition, we have attempted to account for all forms,
whether required or optional, and other types of information
solicitations associated with vehicle and equipment importation that
appear on the agency's Web site and in newsletters and other
informational media that we employ to inform RIs and others of our
requirements. Accounting for all paperwork burdens in this manner, we
project that a total of 61,882 hours will be expended each year to
complete paperwork associated with all aspects of NHTSA's program that
regulates the importation of motor vehicles and equipment items subject
to the FMVSS.

Issues for Comments to Address

    Under the Paperwork Reduction Act of 1995 (PRA), before an agency
submits a proposed collection of information to OMB for approval, it
must publish a document in the Federal Register providing a 60-day
comment period and otherwise consult with members of the public and
affected agencies concerning each proposed collection of information.
The OMB has promulgated regulations describing what must be included in
such a document. Under OMB's regulations (at 5 CFR 1320.8(d)), an
agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

Solicitation of Comments

    In compliance with these requirements, NHTSA is requesting public
comment on the following proposed collection of information:
    Title: Importation of Vehicles and Equipment Subject to the Federal
Motor Vehicle Safety, Bumper, and Theft Prevention Standards.
    Type of Request: Extension of a Currently Approved Collection.
    OMB Control Number: 2127-0002.
    Affected Public: Importers of vehicles and regulated items of motor
vehicle equipment.
    Requested Expiration Date of Approval: January 31, 2017.
    Summary of Collection of Information--
    1. Declaration requirement for the importation of motor vehicles
and regulated items of motor vehicle equipment: NHTSA's regulations at
49 CFR part 591 provide that no person shall import a motor vehicle or
regulated item of motor vehicle equipment (e.g., tires, rims, brake
hoses, brake fluid, seat belt assemblies, lighting equipment, glazing
(i.e., windshield and window glass), motorcycle helmets, child
restraints, compressed natural gas containers (used as part of a
vehicle fuel system and not for the purpose of transporting natural
gas), reflective triangular warning devices, rear impact guards for
trailers, and platform lift systems for the mobility impaired)unless
the importer files a declaration. See 49 CFR 591.5. This declaration is
filed with U.S. Customs and Border Protection (Customs) on a paper copy
of the HS-7 Declaration form, or, if the entry is made by a Customs
House Broker, it can be made electronically using Customs' Automated
Broker Interface (ABI) system. The HS-7 Declaration form has 14 boxes,
each of which identifies a lawful basis for the importation of a motor
vehicle or equipment item into the United States.
    a. Importation of vehicles at least 25 years old or equipment not
subject to the safety standards under Box 1: A motor vehicle at least
25 years old can be lawfully imported without regard to its compliance
with the FMVSS. So too can an equipment item manufactured on a date
when no applicable FMVSS was in effect. These vehicles and equipment
items are declared under Box 1 on the HS-7 Declaration form. In
calendar year 2010, 7,752 vehicles were imported under Box 1. In 2011,
7,696 vehicles were imported, and in 2009, the volume of imports
increased to 12,677 vehicles. Based on an average of these figures, the
agency projects that roughly 9,375 vehicles will be imported each year
under Box 1 over the next three years. Assuming that an HS-7
Declaration form is filed for each of these vehicles, and that it will
take five minutes to complete each of these forms, the agency estimates
the hour burden associated with completing the paperwork for these
vehicles to be approximately 781 hours per year (0.08333 hours x 9,375
= 781 hours).
    b. Importation of conforming vehicles and equipment under Box 2A:
Vehicles and equipment that are originally manufactured to comply with
all applicable Federal motor vehicle safety, bumper, and theft
prevention standards, and that bear a label or tag certifying such
compliance that is permanently affixed by the original manufacturer,
are declared under Box 2A on the HS-7 Declaration form. In 2010,
4,596,254 vehicles were imported under Box 2A. In 2011, the figure
increased to 5,048,765 vehicles, and increased again in 2012, to
5,587,621. Based on an average of these figures, the agency projects
that roughly 5,077,546 vehicles will be imported each year under Box 2A
for the next three years. The overwhelming majority of vehicles entered
under Box 2A are imported by original manufacturers. As a rule,
manufacturers do not file a separate HS-7 Declaration form for each
conforming vehicle they import under Box 2A. Instead, the manufacturers
furnish NHTSA with a single declaration form, on a monthly basis, to
which they attach a list of all vehicles, identified by make, model,
model year, and vehicle identification number (VIN), that were imported
under Box 2A during that month. In this manner, it is not unusual for a
single HS-7 Declaration form to be filed with the agency to cover the
entry of many thousands of vehicles. Assuming that manufacturers
account for 90 percent of the vehicles imported under Box 2A, and that
a manufacturer will, on average, report the entry of 5,000 vehicles on
a single Declaration form, and that all other vehicles imported under
Box 2A are declared individually, the agency projects the hour burden
associated with completing the paperwork for the entry of these
vehicles to be 42,387 hours per year (5,077,546 vehicles x .9 =
4,569,791 vehicles imported by original manufacturers; 4,569,791
vehicles / 5,000 vehicles per declaration forms filed = 914 declaration
forms being filed per year by manufacturers; assuming that a separate
declaration is filed for each other vehicle imported under Box 2A
yields 507,755 declarations being filed per year for these vehicles;
507,755 + 914 = 508,669 declarations per year; 0.08333 hours to
complete each declaration x 508,669 declarations = 42,387 hours).
    c. Importation of conforming Canadian-market vehicles for personal
use under Box 2B: A motor vehicle that is certified by its original
manufacturer as complying with all applicable Canadian motor vehicle
safety standards can be imported by an individual for personal use
under Box 2B. To accomplish the entry, the importer must furnish
Customs with a letter from the vehicle's original manufacturer
confirming that the vehicle conforms to all applicable U.S. Federal
motor vehicle safety, bumper, and theft prevention standards, or that
it conforms to all such standards except for the labeling requirements
of Standard Nos. 101 Controls and Displays and 110 or 120 Tire
Selection and Rims, and/or the requirements of Standard No. 108 Lamps,
Reflective Devices, and Associated Equipment relating to daytime
running lamps. NHTSA received from Customs a total of 1,474 HS-7
Declaration forms for vehicles imported under Box 2B in calendar year
2010. In addition,

declarations were filed electronically for 505 vehicles imported under
Box 2B in 2007. Combining these figures yields a total of 1,979
vehicles imported under Box 2B in that calendar year. NHTSA received
from Customs a total of 1,548 HS-7 Declaration forms for vehicles
imported under Box 2B in 2010. In addition, electronic entries were
made for 710 vehicles imported under Box 2B in that calendar year.
Combining these figures yields a total of 2,258 vehicles imported under
Box 2B in 2011. NHTSA received from Customs a total of 308 HS-7
Declaration forms for vehicles imported under Box 2B in 2012. In
addition, electronic entries were made for 308 vehicles imported under
Box 2B in that calendar year. Combining these figures yields a total of
1,275 vehicles imported under Box 2B in 2008. Assuming these figures
represent a fair approximation of the volume of vehicles imported under
Box 2B in those three calendar years, the agency projects that roughly
1,837 vehicles will be imported under Box 2B in each of the next three
calendar years. Assuming that a separate HS-7 Declaration form is filed
for each of these vehicles, the hour burden associated with the
completing the paperwork for the entry of these vehicles will be 153
hours per year (1,837 vehicles x 0.08333 hours per entry = 153 hours).
    d. Importation of nonconforming vehicles by registered importers
under Box 3: Statutory and Regulatory Background.
    Section 30112(a) of Title 49, U.S. Code prohibits, with certain
exceptions, the importation into the United States of a motor vehicle
manufactured after the date an applicable Federal motor vehicle safety
standard (FMVSS) takes effect, unless the motor vehicle was
manufactured in compliance with the standard and was so certified by
its original manufacturer. Under one of the exceptions to this
prohibition, found at 49 U.S.C. 30141, a nonconforming vehicle can be
imported into the United States provided (1) NHTSA decides that the
vehicle is eligible for importation, based on its capability of being
modified to conform to all applicable FMVSS, and (2) it is imported by
a registered importer (RI), or by a person who has a contract with an
RI to bring the vehicle into conformity with all applicable standards
following importation. Regulations implementing this statute are found
at 49 CFR parts 591 and 592.

HS-7 Declaration Form

    The regulations require a declaration to be filed (on the HS-7
Declaration Form) at the time a vehicle is imported that identifies,
among other things, whether the vehicle was originally manufactured to
conform to all applicable FMVSS, and if it was not, to state the basis
for the importation of the vehicle.
    A nonconforming vehicle that NHTSA has decided to be eligible for
importation can be imported by an RI, or by a person who has a contract
with an RI to modify the vehicle so that it conforms to all applicable
FMVSS, under Box 3 on the HS-7 Declaration form. As previously noted,
the volume of imports under Box 3 has steadily increased in recent
years. In 2010, 18,010 vehicles were imported under Box 3, in 2011,
22,733 vehicles were imported, and in 2012, 30,138 vehicles were
imported. Based on these figures, the agency projects that 23,627
vehicles will be imported each year under Box 3. Assuming that volume,
the hour burden associated with the completion of the HS-7 Declaration
form for these vehicles will be 1,969 hours (0.08333 hours to complete
each HS-7 x 23,637 vehicles = 1,969 hours).

HS-474 Conformance Bond

    NHTSA's regulations also require an RI, among other things, to
furnish a bond (on the HS-474 Conformance Bond form) at the time of
entry for each nonconforming vehicle it imports, to ensure that the
vehicle will be brought into conformity with all applicable safety and
bumper standards within 120 days of entry or will be exported from, or
abandoned to, the United States. A HS-474 Conformance Bond has to be
furnished for each nonconforming vehicle imported under Box 3. Assuming
an importation volume of 23,627 vehicles per year, the hour burden
associated with the completion of the HS-474 will be 2,363 hours (0.1
hours to complete each HS-474 x 23,627 vehicles = 2,363 hours).

Conformity Statement

    After modifying the vehicle to conform to all applicable standards,
the RI submits a statement of conformity (on a suggested form) to
NHTSA, which will then issue a letter permitting the bond to be
released if the agency is satisfied that the vehicle has been modified
in the manner stated by the RI. The statement of conformity contains a
check-off list on which the RI identifies the FMVSS and other agency
requirements to which the vehicle conforms as originally manufactured
and the FMVSS and other requirements to which the vehicle was modified
to conform. The RI also attaches to the statement of conformity
documentary and photographic evidence of the modifications that it made
to the vehicle to achieve conformity with applicable standards.
Collectively, these documents are referred to as a ``conformity
package.''
    A conformity package must be submitted for each nonconforming
vehicle imported under Box 3. Because the Canadian motor vehicle safety
standards are identical in most respects to the FMVSS, there are
relatively few modifications that need to be performed on a Canadian-
certified vehicle to conform it to the FMVSS and the conformity
packages that are submitted on these vehicles are considerably less
comprehensive than those submitted for vehicles from Europe, Japan, and
other foreign markets. The agency estimates that it would take the
average RI no more than 30 minutes to collect information for, and
assemble, a conformity package for a Canadian-certified vehicle.
    Generally, more modifications are needed to conform a non-Canadian
vehicle to the FMVSS. To properly document these modifications, more
information must be included in the conformity package for a non-
Canadian vehicle than is required for a Canadian-certified vehicle. The
agency estimates that it would take an RI approximately twice as long,
or roughly one hour, to compile information for, and assemble, a
conformity package for a typical non-Canadian vehicle.
    Of the 18,010 nonconforming vehicles imported under Box 3 in 2010,
17,499, or over 97 percent, were Canadian market and 511, or under
three percent, were from markets other than Canada. Of the 22,733
nonconforming vehicles imported under Box 3 in 2011, 22,380, or roughly
98.4 percent, were Canadian market and 403, or roughly 1.6 percent,
were from markets other than Canada. Of the 30,138 nonconforming
vehicles imported under Box 3 in 2012, 29,821 or nearly 99 percent,
were Canadian market and 317, or roughly than one percent, were from
markets other than Canada. Assuming this trend continues in future
years, the agency estimates the hour burden associated with the
submission of conformity packages on Canadian-certified vehicles to be
11,577 hours per year (23,627 vehicles x 98 percent or 0.98 = 23,154
vehicles; 23,154 vehicles x 0.5 hours per vehicle = 11,577 hours). The
agency estimates the hour burden associated with the submission of
conformity packages for non-Canadian vehicles to be 472 hours per year
(23,627 vehicles x 2 percent or 0.02 = 472 vehicles; 472 vehicles x 1.0
hours per vehicle = 472 hours. Adding these figures yields an estimated
burden of 12,049 hours per year for the entire RI industry to compile
and submit

conformity packages to NHTSA on nonconforming vehicles imported under
Box 3 (11,577 hours + 472 hours = 12,049 hours).

Import Eligibility Petition

    As previously noted, a motor vehicle that was not originally
manufactured to comply with all applicable FMVSS cannot be lawfully
imported into the United States on a permanent basis unless NHTSA
decides that the vehicle is eligible for importation, based on its
capability of being modified to conform to those standards. Under 49
U.S.C. 30141, the eligibility decision can be based on the
nonconforming vehicle's substantial similarity to a vehicle of the same
make, model, and model year that was manufactured for importation into,
and sale in the United States, and certified as complying with all
applicable FMVSS by its original manufacturer. Where there is no
substantially similar U.S.-certified vehicle, the eligibility decision
must be predicated on the vehicle having safety features that are
capable of being modified to conform to the FMVSS, based on destructive
crash test data or such other evidence that the agency may deem
adequate. The agency makes import eligibility decisions either on its
own initiative, or in response to petitions filed by RIs. Only a small
number of RIs (currently about 15 out of the 64 RIs registered with the
agency) ever submit import eligibility petitions. Many of these
businesses have, over, the years, submitted multiple petitions to the
agency. The agency estimates that it would take the typical RI that
petitions the agency roughly two hours to complete the paperwork
associated with the submission of a petition for a vehicle that has a
substantially similar U.S.-certified counterpart, and roughly twice as
long, or four hours, to complete the paperwork associated with the
submission of a petition for a vehicle that lacks a substantially
similar U.S.-certified counterpart. In 2010, 11 import eligibility
petitions were submitted to the agency. Of these, 7, or 64 percent,
were for vehicles with substantially similar U.S.-certified
counterparts and 4, or 36 percent, were for vehicles for which there
were no substantially similar U.S. certified counterparts. In 2011, 10
import eligibility petitions were submitted to the agency. Of these, 8,
or 80 percent, were for vehicles with substantially similar U.S.-
certified counterparts, and 2, or 20 percent, were for vehicles for
which there were no substantially similar U.S.-certified counterparts.
In 2012, 17 import eligibility petitions were submitted to the agency.
Of these, 14, or 82 percent, were for vehicles with substantially
similar U.S.-certified counterparts, and 3, or 18 percent, were for
vehicles for which there were no substantially similar U.S.-certified
counterparts. Assuming this trend continues in future years, the agency
estimates that roughly 13 import eligibility petitions will be
submitted each year, 75 percent of which, or 10 petitions, will be for
vehicles with substantially similar U.S.-certified counterparts, and 20
percent of which, or 3 petitions, will be for vehicles lacking
substantially similar U.S.-certified counterparts. Based on these
figures, the agency estimates that the hour burden for the paperwork
associated with the submission of import eligibility petitions to be 32
hours per year (10 petitions x 2 hours per petition = 20 hours; 3
petitions x 4 hours per petition = 12 hours; 20 hours + 12 hours = 32
hours).
    e. Importation of vehicles or equipment intended solely for export
under Box 4: A nonconforming vehicle or equipment item that is intended
solely for export, and bears a tag or label to that effect, can be
entered under Box 4 on the HS-7 Declaration form. The majority of
vehicles imported for export only under Box 4 are imported by original
manufacturers that do not file individual declaration forms with the
agency for each vehicle imported, but instead include those vehicles in
the monthly count supplied to the agency along with conforming vehicles
imported under Box 2A. The agency received only 2 HS-7 Declaration
forms for vehicles imported under Box 4 in 2011, and none in either
2010 or 2012. Assuming this represents the share of vehicles imported
under Box 4 by parties other than original manufacturers, the agency
projects that HS-7 Declaration forms will be filed for no more than one
tenth of one percent of the vehicles imported under Box 4 in future
years. Averaging the volume of vehicles imported for export only under
Box 4 over the past three years yields an estimate of 46,515 vehicles
being imported on an annual basis in the next three years, and 47 HS-7
Declaration forms being filed in each of those years. Based on that
figure, the hour burden associated with the completion of the HS-7
Declaration form for these vehicles will be under 4 hours (0.08333
hours to complete each HS-7 x 47 vehicles = 3.91 hours).
    f. Temporary importation of nonconforming vehicles by nonresidents
of the United States under Box 5: Under an international convention to
which the United States is a signatory, a nonresident of the United
States can import a nonconforming vehicle for personal use, for a
period of up to one year, provided the vehicle is not sold while in the
United States and is exported no later than one year from its date of
entry. These vehicles are entered under Box 5 on the HS-7 Declaration
form. To enter a vehicle under Box 5, the importer must also furnish
Customs with the importer's passport number and the name of the country
that issued the passport. In 2010, a total of 375 vehicles were
imported under Box 5. In 2011, 352 vehicles were imported under that
box. In 2012, 381 were imported. Based on these figures, the agency
estimates that roughly 369 vehicles will be imported under Box 5 in
each of the next three years. Assuming that volume, the hour burden
associated with the completion of the HS-7 Declaration form for these
vehicles will be under 31 hours (0.08333 hours to complete each HS-7 x
369 vehicles = 30.74 hours).
    g. Temporary importation of nonconforming vehicles by foreign
diplomat under Box 6: A member of a foreign government on assignment in
the United States, or a member of the secretariat of a public
international organization so designated under the International
Organizations Immunities Act, and within the class of persons for whom
free entry of motor vehicles has been authorized by the Department of
State, can temporarily import a nonconforming vehicle for personal use
while in the United States. These vehicles are entered under Box 6 on
the HS-7 Declaration form. The importer must attach to the declaration
a copy of the importer's official orders and supply Customs with the
name of the embassy to which the importer is attached. In 2010, a total
of 43 vehicles were imported under Box 6. In 2011, 23 vehicles were
imported under that box. In 2012, 21 were imported. Based on these
figures, the agency estimates that roughly 29 vehicles will be imported
under Box 6 in each of the next three years. Assuming that volume, the
hour burden associated with the completion of the HS-7 Declaration form
for these vehicles will be roughly 2 hours (0.08333 hours to complete
each HS-7 x 29 vehicles = 2.41 hours).
    h. Temporary importation of nonconforming vehicles and equipment
under Box 7: Under 49 U.S.C. 30114, NHTSA is authorized to exempt a
motor vehicle or item of motor vehicle equipment from the importation
restriction in 49 U.S.C. 30112(a), on such terms the agency decides are
necessary, for purposes of research, investigations, demonstrations,
training, competitive racing events, show, or display. Regulations
implementing this

provision are found at 49 CFR part 591. Under those regulations,
written permission from NHTSA is needed to temporarily import a
nonconforming motor vehicle or equipment item for one of the specified
purposes unless the importer is a manufacturer of motor vehicles that
are certified to the FMVSS. An application form that can be used to
obtain the letter of permission is posted to the agency's Web site at
www.nhtsa.gov/cars/rules/import. If NHTSA grants it permission, the
nonconforming motor vehicle or equipment item can be temporarily
imported under Box 7 on the HS-7 Declaration form. In 2010, 5,962
vehicles were imported under Box 7. In 2011, 6,182 vehicles were
imported under that box. In 2012, 6,089 were imported. Permission
letters were requested from NHTSA for 255 of the vehicles imported in
2010, 287 of the vehicles imported in 2011, and 262 of the vehicles
imported in 2012, representing roughly 4.5 percent of the total number
of vehicles imported under Box 7 in those years. The remaining vehicles
were imported by original manufacturers of vehicles that are certified
to the FMVSS, who can temporarily import nonconforming vehicles for any
of the specified purposes under Box 7 without the need for a NHTSA
permission letter. Averaging the volume of imports over the past three
years, the agency projects that roughly 6,078 vehicles will be imported
under Box 7 in each of the next three years. Assuming that applications
for NHTSA permission letters will be submitted for 4.5 percent of those
vehicles, and that a single application will be filed for each vehicle,
the agency estimates that 273 applications will be filed in each of the
next three years. Based on the estimate that it will take roughly five
minutes to complete each of those applications, the agency projects
that under 23 hours will be expended on an annual basis to submit
applications for permission from NHTSA to import vehicles under Box 7
(0.0833 hours per application x 273 applications = 22.74 hours).
Assuming that a single HS-7 Declaration form is filed for each vehicle
imported under Box 7, the agency projects that under 507 hours will be
expended on an annual basis in completing the declaration for vehicles
imported under Box 7 (0.0833 hours per declaration x 6,078 vehicles =
506.47 hours).
    i. Importation of off-road vehicles under Box 8: NHTSA regulates
the importation of ``motor vehicles,'' which are defined (at 49 U.S.C.
30102) as vehicles that are driven or drawn by mechanical power and
manufactured primarily for use on public streets, roads, and highways.
Vehicles that are not primarily manufactured for on-road use do not
qualify as ``motor vehicles'' under this definition, and may therefore
be imported without regard to their compliance with the FMVSS. These
vehicles are entered under Box 8 on the HS-7 Declaration form. Vehicles
that can be entered in this fashion include those that are originally
manufactured for closed circuit racing. Although approval from NHTSA is
not needed to import a vehicle that was originally manufactured for
racing purposes, the agency will issue a letter recognizing a
particular vehicle as having been so manufactured if the importer
requests the agency to do so. An application form that can be used to
obtain such a letter is also posted to the agency's Web site at
www.nhtsa.gov/cars/rules/import. In 2010, applications were submitted
to NHTSA for 34 vehicles imported under Box 8. In 2011, 40 applications
were filed. In 2012, 15 were filed. Based on these figures, the agency
projects that 30 applications to import vehicles for racing purposes
under Box 8 will be submitted in each of the next three years. Assuming
that it will take five minutes to complete each of these applications,
the agency estimates that under 3 hours will be expended in completing
these applications (0.08333 hours x 30 applications = 2.49 hours).
    In 2010, a total of 152,665 vehicles were imported under Box 8. In
2011, 192,283 vehicles were imported under that box. In 2012, 326,049
were imported. Averaging those figures, the agency projects that
roughly 223,666 vehicles will be imported under Box 8 in each of the
next three years. The vast majority of these vehicles were off-road
motorbikes or all-terrain vehicles that were imported in bulk shipments
for which a single declaration was filed. NHTSA received only 75 HS-7
Declaration forms for vehicles imported under Box 8 in 2010, 5 for
vehicles imported in 2011, and none for those imported in 2012. The
remainder of the entries were made electronically. Based on the
assumption that each entry covers 100 vehicles, the agency estimates
that approximately 224 Box 8 entries will be made on an annual basis
over the next three years. Relying on this assumption, the agency
projects that slightly less than 19 hours will be expended on an annual
basis in completing the declaration for vehicles imported under Box 8
(0.0833 hours per declaration x 224 vehicle entries = 18.66 hours).
    j. Importation of vehicles or equipment requiring further
manufacturing operations under Box 9: A motor vehicle or equipment item
that requires further manufacturing operations to perform its intended
function, other than the addition of readily attachable components such
as mirrors or wipers, or minor finishing operations such as painting,
can be entered under Box 9 on the HS-7 Declaration form. Documents from
the manufacturer must be furnished for these entries. In 2010, 10,323
vehicles were imported under Box 9. In 2011, 14,856 vehicles were
imported under that box. In 2012, 12,411 were imported. Averaging those
figures, the agency projects that roughly 12,530 vehicles will be
imported under Box 9 in each of the next three years. Assuming that a
separate HS-7 Declaration form is filed for each of those vehicles, the
agency projects that approximately 1,000 hours will be expended on an
annual basis in completing the declaration for vehicles imported under
Box 9 (0.0833 hours per declaration x 8,600 vehicles = 1,044.12).
    k. Importation of vehicles for show or display under Box 10:
Vehicles that are deemed by NHTSA to have sufficient technological or
historical significance that they would be worthy of being exhibited in
car shows if they were brought to the United States are eligible for
importation for purposes of show or display under Box 10 on the HS-7
Declaration form. Written permission from NHTSA is also needed to
import a vehicle for that purpose. An application form that can be used
to request the agency to decide that a particular make, model, and
model year vehicle is eligible for importation for purposes of show or
display is posted to the agency's Web site at www.nhtsa.gov/cars/rules/import. In 2010, the agency received 12 applications to determine
vehicles eligible for importation for purposes of show or display. In
2011, the agency received 3 such applications. In 2012, the agency
received 7. Averaging these figures, the agency projects that it will
receive 7 applications to determine vehicles eligible for importation
for purposes of show or display in each of the next three years.
Assuming that it will take the typical applicant up to ten hours to
compile and assemble the materials needed to support each application,
the agency estimates that up to 70 hours will be expended in this
activity in each of those years.
    Also on the agency's Web site is an application form that can be
used to request NHTSA to permit a particular vehicle to be imported for
purposes of show or display once the agency has decided that the
vehicle is of a make, model, and model year that is eligible

for importation for those purposes. Certain restrictions apply to
vehicles that are imported for purposes of show or display. Among those
is a requirement that the vehicle not be driven in excess of 2,500
miles per year. The application specifies the terms of the importation
and makes provision for the applicant to agree to those terms. In 2010,
the agency received 29 applications to import specific vehicles for
purposes of show or display. In 2011, the agency received 14 such
applications. In 2012, the agency received 34. Averaging those figures,
the agency estimates that it will receive roughly 26 applications in
each of the next three years. Assuming that it will take the typical
applicant up to one hour to compile and assemble the materials needed
to support each application, the agency estimates that up to 26 hours
will be expended in this activity in each of those years.
    l. Importation of equipment subject to the Theft Prevention
Standard under Box 11: Items of motor vehicle equipment that are marked
in accordance with the Theft Prevention Standard in 49 CFR part 541 are
entered under Box 11 on the HS-7 Declaration form. In 2010, there were
3,768 entries under Box 11. In 2011, there were 3,126 such entries. In
2012 there were 2,457. Averaging these figures, the agency estimates
that 3,117 entries will be made under Box 11 in each of the next three
years. Virtually all of these entries are made electronically. This is
evidenced by the fact that the agency received no HS-7 Declaration
forms for Box 11 entries made in the years from 2010 through 2012.
Assuming that it will take five minutes to complete each of these
entries, the agency projects that under 260 hours will be expended on
an annual basis in making these entries for equipment imported under
Box 11 (0.0833 hours per declaration x 3,117 declarations = 259.74
hours).
    m. Temporary importation of nonconforming vehicles by foreign
military personnel under Box 12: A member of the armed forces of a
foreign country on assignment in the United States can temporarily
import a nonconforming vehicle for personal use during the member's
tour of duty under Box 12 on the HS-7 Declaration form. In 2010, a
total of 116 vehicles were imported under Box 12. In 2011, 121 such
vehicles were imported. In 2012, 49 were imported. Averaging these
figures, the agency projects that roughly 95 vehicles will be imported
under Box 12 in each of the next three years. Assuming that volume, the
hour burden associated with the completion of the HS-7 Declaration form
for these vehicles will be under 8 hours (0.08333 hours to complete
each HS-7 x 95 vehicles = 7.91 hours).
    n. Importation of vehicles to prepare import eligibility petitions
under Box 13: A nonconforming vehicle imported by an RI for the purpose
of preparing a petition for NHTSA to decide that a particular make,
model, and model year vehicle is eligible for importation is entered
under Box 13 on the HS-7 Declaration form. A letter from NHTSA granting
the importer permission to import the vehicle for that purpose must be
filed with the declaration. NHTSA has issued guidance to inform RIs
that it will permit no more than two vehicles to be imported for the
purpose of preparing an import eligibility petition. Box 13 was
incorporated into the HS-7 Declaration form when that form was last
revised in May, 2006. The agency received requests to permit the
importation of 18 vehicles under Box 13 in 2010, 12 in 2011, and 21 in
2012. As previously noted, the agency projects that roughly 13 import
eligibility petitions will be submitted in each of the next three
years. The agency permits an RI to import up to two vehicles for the
purpose of preparing an import eligibility petition. Assuming that each
petitioning RI imports two vehicles, the agency estimates that it will
receive up to 26 requests per year for letters permitting those
vehicles to be imported under Box 13. Estimating that it will take five
minutes to complete each of those requests, the hour burden associated
with this activity will be roughly 1 hour (0.08333 hours to complete
each request x 26 vehicles = 1.083299 hours).
    2. Information collected from applicants for RI status and existing
RIs seeking to renew their registrations: Under 49 U.S.C. 30141, a
motor vehicle that was not originally manufactured to comply with all
applicable FMVSS cannot be lawfully imported into the United States on
a permanent basis unless (1) NHTSA decides it is eligible for
importation, based on its capability of being modified to conform to
all applicable FMVSS and (2) it is imported by an RI or by a person who
has a contract with an RI to modify the vehicle so that it complies
with all applicable FMVSS following importation. NHTSA is authorized by
49 U.S.C. 30141(c) to establish, by regulation, procedures for
registering RIs. Those regulations are found in 49 CFR part 592.
    a. Information collected from applicants: Under the terms of the
regulations in part 592, an applicant for RI status must submit to the
agency information that identifies the applicant, specifies the manner
in which the applicant's business is organized (i.e., sole
proprietorship, partnership, or corporation), and, depending on the
form of organization, identifies the principals of the business. The
application must also state that the applicant has never had a
registration revoked and identify any principal previously affiliated
with another RI. The application must also provide the street address
and telephone number in the United States of each facility for the
conformance, storage, and repair of vehicles that the applicant will
use to fulfill its duties as an RI, including records maintenance, and
the street address in the United States that it designates as its
mailing address. The applicant must also furnish a business license or
other similar document issued by a State or local authority authorizing
it to do business as an importer, seller, or modifier of motor
vehicles, or a statement that it has made a bona fide inquiry and is
not required by any State or local authority to maintain such a
license. The application must also set forth sufficient information to
allow the Administrator to conclude that the applicant (1) is
technically able to modify nonconforming vehicles to conform to
applicable Federal motor vehicle safety and bumper standards, (2) owns
or leases one or more facilities sufficient in nature and size to
repair, conform, and store the vehicles for which it furnishes
statements of conformity to NHTSA, (3) is financially and technically
able to provide notification of and a remedy for a noncompliance with
an FMVSS or a defect related to motor vehicle safety determined to
exist in the vehicles it imports, and (4) is able to acquire and
maintain information on the vehicles that it imports and the owners of
those vehicles so that it can notify the owners if a safety-related
defect or noncompliance is determined to exist in such vehicles. The
application must also contain a statement that the applicant will abide
by the duties of an RI and attest to the truthfulness and correctness
of the information provided in the application. A brochure containing
sample documents that an applicant may use in applying to become an RI
is posted to the agency's Web site at www.nhtsa.gov/cars/rules/import.
In 2010, NHTSA received 1 application for RI status. In 2011, the
agency received 4 applications of this kind. In 2012, the agency
received 2. Based on these figures, the agency anticipates that it will
receive 2 applications for RI status in each of the next three years.
Assuming that it will

take up to ten hours to compile and assemble the material needed to
support a single application, the agency estimates that 20 hours will
be expended in this activity for each of the next three years (2
applications x 10 hours = 20 hours).
    b. Information collected from existing RIs: To maintain its
registration, an RI must file an annual statement affirming that all
information it has on file with the agency remains correct and that it
continues to comply with the requirements for being an RI. Formats that
existing RIs may use to renew their registrations are included in a
newsletter sent electronically to each RI before the renewal is due and
posted to the agency's Web site at www.nhtsa.gov/cars/rules/import. The
number of RI renewals declined in recent years on account of the
weakening of the U.S. dollar against the Canadian dollar, and the
concomitant reduction in the volume of vehicles imported from Canada.
In 2010, NHTSA received renewal packages from 66 RIs. In 2011, the
agency received 65 renewal packages. In 2012, the agency received 65.
Based on these figures, the agency anticipates that it will receive an
average of 65 renewal packages in each of the next three years.
Assuming that it will take up to two hours to compile and assemble the
material needed to support a single application for renewal, the agency
estimates that 130 hours will be expended in this activity for each of
the next three years (65 renewal applications x 2 hours = 130 hours).
    3. Information to be retained by RIs: The agency's regulations at
49 CFR 592.6(b) require an RI to maintain and retain certain specified
records for each motor vehicle for which it furnishes a certificate of
conformity to NHTSA, for a period of 10 years from the vehicle's date
of entry. As described in the regulations, those records must consist
of ``correspondence and other documents relating to the importation,
modification, and substantiation of certification of conformity to the
Administrator.'' The regulations further specify that the records to be
retained must include (1) a copy of the HS-7 Declaration Form furnished
for the vehicle at the time of importation, (2) all vehicle or
equipment purchase or sales orders or agreements, conformance
agreements with importers other than RIs, and correspondence between
the RI and the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity to NHTSA, (3) the last known name
and address of the owner or purchaser of each vehicle for which the RI
furnishes a certificate of conformity, and the vehicle identification
number (VIN) of the vehicle, and (4) records, both photographic and
documentary, reflecting the modifications made by the RI, which were
submitted to NHTSA to obtain release of the conformance bond furnished
for the vehicle at the time of importation. See 49 CFR 592.6(b)(1)
through (b)(4).
    The latter records are referred to as a ``conformity package.''
Most conformity packages submitted to the agency covering vehicles
imported from Canada are comprised of approximately six sheets of paper
(including a check-off sheet identifying the vehicle and the standards
that it was originally manufactured to conform to and those that it was
modified to conform to, a statement identifying the recall history of
the vehicle, a copy of the HS-474 conformance bond covering the
vehicle, and a copy of the mandatory service insurance policy obtained
by the RI to cover its recall obligations for the vehicle). In
addition, most conformity packages include photographs of the vehicle,
components that were modified or replaced to conform the vehicle to
applicable standards, and the certification labels affixed to the
vehicle.
    Approximately 120 conformity packages can be stored in a cubic foot
of space. Based on projected imports of 23,627 nonconforming vehicles
per year, 196.79 cubic feet of space will be needed on an industry-wide
basis to store one year's worth of conformity packages. Assuming an
annual cost of $20 per cubic foot to store the information, NHTSA
estimates the aggregate cost to industry for storing a year's worth of
conformity packages to be $3,936 per year. Over a ten-year retention
period, a member of the industry would be required to retain 55 annual
units of records (assuming that one annual unit was stored in the first
year, two annual units in the second year, and so on). The aggregate
cost to industry of the ten-year record retention requirement will
therefore be $216,480 (55 x $3,936 = $216,480).
    RIs are also required under 49 CFR 592.6(b) to retain a copy of the
HS-7 Declaration Form furnished to Customs at the time of entry for
each nonconforming vehicle for which they submit a conformity package
to NHTSA. Paper HS-7 Declaration Forms are only filed for a small
fraction of the nonconforming vehicles imported into the United States.
Customs brokers file entries for most nonconforming vehicles
electronically by using the Automated Broker Interface (ABI) system.
For example, in Calendar year 2010, 17,645 ABI entries were made for
nonconforming vehicles imported into the United States under Box 3, and
only 365 paper HS-7 Declaration Forms (representing just two percent of
the total) were filed for such vehicles. Because HS-7 Declaration Forms
are filed for only a small fraction of the nonconforming vehicles that
are imported by RIs, the storage requirement for those records can have
no more than a negligible cost impact on the industry. Because the
remaining records that RIs are required to retain under 49 CFR 592.6(b)
may be stored electronically, the costs incident to the storage of
those records should also be negligible.
    RIs who conduct recall campaigns to remedy a safety-related defect
or a noncompliance with an FMVSS determined to exist in a vehicle they
import must report the progress of those campaigns to NHTSA. The agency
estimates that it should take each RI that is required to conduct a
safety recall campaign approximately one hour to compile information
for, and prepare each of the two reports it would be required to submit
to the agency detailing the progress of the recall campaign. Since
vehicle manufacturers in most cases include vehicles imported by RIs in
their own recall campaigns, it is likely that very few of these reports
would have to be prepared or submitted by RIs.
    Description of the Need for the Information and Proposed Use of the
Information--The information collection detailed above is necessary to
ensure that motor vehicles and items of motor vehicle equipment subject
to the Federal motor vehicle safety, bumper and theft prevention
standards are lawfully imported into the United States. To be lawfully
imported, the vehicle or equipment item must be covered by one of the
boxes on the HS-7 Declaration form and the importer must declare,
subject to penalty for making false statements, that the vehicle or
equipment item is entitled to entry under the conditions specified on
the form, including the provision of any supporting information or
materials that may be required.
    NHTSA relies on the information provided by RIs and applicants for
RI status to obtain and renew their registrations so that it can better
ensure that RIs are meeting their obligations under the statutes and
regulations governing the importation of nonconforming vehicles and can
make more informed decisions in conferring RI status on applicants and
in permitting RI status to be retained by those currently holding
registrations. In this manner, those lacking the capability

to responsibly provide RI services, or who have committed or are
associated with those who have committed past violations of the vehicle
importation laws, can be more readily denied registration as an RI, or
if they already hold such a registration, have that registration
suspended or revoked when circumstances warrant such action.
    Description of the Likely Respondents (Including Estimated Number
and Proposed Frequency of Responses to the Collection of Information)--
With regard to the HS-7 Declaration form, likely respondents include
any private individual or commercial entity importing into the United
States a vehicle or item of motor vehicle equipment subject to the
Federal motor vehicle safety standards. It is difficult to estimate,
with reliability, the absolute number of such respondents; however,
that number would include:
     The 64 RIs who are currently registered with NHTSA and
import nonconforming vehicles under Boxes 3 and 13;
     The roughly 1,837 individuals who import each year
Canadian-certified vehicles for personal use under Box 2B;
     The several hundred original manufacturers who import
conforming motor vehicles and equipment items under Box 2A;
nonconforming vehicles or equipment intended for export under Box 4;
nonconforming vehicles and equipment on a temporary basis for purposes
of research, investigations, or other reasons specified under Box 7;
vehicles and equipment requiring further manufacturing operations under
Box 9; and equipment subject to the Theft Prevention Standard under Box
11.
     The several hundred dealers, distributors, and individuals
who import off-road vehicles such as dirt bikes and all-terrain
vehicles or ATVs, as well as other vehicles that are not primarily
manufactured for on-road use under Box 8.
     The several hundred nonresidents of the United States and
foreign diplomatic and military personnel who temporarily import
nonconforming vehicles for personal use under Boxes 5, 6, and 12.
    Estimate of the Total Annual Reporting and Recordkeeping Burden of
the Collection of Information--Adding together the burden hours
detailed above yields a total of 61,882 hours expended on an annual
basis for all paperwork associated with the filing of the HS-7
Declaration form and other aspects of the vehicle importation program.
    Estimate of the Total Annual Costs of the Collection of
Information--Other than the cost of the burden hours, the only
additional costs associated with this information collection are those
incident to the storage, for a period of ten years, of records
pertaining to the nonconforming vehicles that each RI imports into the
United States.

    Authority:  44 U.S.C. 3506(c); delegation of authority at 49 CFR
1.50 and 501.8(f).

    Issued on: August 6, 2013.
Jeffrey Giuseppe,
Chief, Equipment Division, Office of Vehicle Safety Compliance.
[FR Doc. 2013-19492 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Notices]
[Page 35668-35669]
[DOCID:fr21jn06-102]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0263; FRL-8066-4]

MCPB and Salts Reregistration Eligibility Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide MCPB (4-(2-methyl-4-
chlorophenoxy) butyric acid, and opens a 30-day public comment period
on this document. The Agency's risk assessments and other related
documents also are available in the MCPB Docket. MCPB is a phenoxy
herbicide used for post-emergence weed control to protect pea crops
from a variety of weeds including canadian thistle, common
lambsquarters, pigweed, smartweed, sowthistle, and morning glory. The
MCPB RED addresses the tolerance reassessment for all currently
registered uses of MCPB. EPA has reviewed MCPB through the public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES: Comments must be received on or before July 21, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0263, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0263. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: James Parker, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.

    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a Reregistration Eligibility Decision (RED) for the
pesticide, MCPB under section 4(g)(2)(A) of FIFRA. MCPB is a phenoxy
herbicide used for post-emergence weed control to protect pea crops
from a variety of weeds including canadian thistle, common
lambsquarters, pigweed, smartweed, sowthistle, and morning glory. There
are no registered residential uses of MCPB. EPA has determined that the
data base to support reregistration is substantially complete and that
products containing MCPB are eligible for reregistration, provided the
risks are mitigated either in the manner described in the RED or by
another means that achieves equivalent risk reduction. Upon submission
of any required product specific data under section 4(g)(2)(B) and any
necessary changes to the registration and labeling (either to address
concerns identified in the RED or as a result of product specific
data), EPA will make a final reregistration decision under section
4(g)(2)(C) for products containing MCPB.
    EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the MCPB tolerances included in this
notice.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, MCPB was reviewed through
the modified 4-Phase proceess. Through this process, EPA worked
extensively with stakeholders and the public to reach the regulatory
decisions for MCPB.
    The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the MCPB RED
for public comment. This comment period is intended to provide an
additional opportunity for public input and a mechanism for initiating
any necessary amendments to the RED. All comments should be submitted
using the methods in ADDRESSES, and must be received by EPA on or
before the closing date. These comments will become part of the Agency
Docket for MCPB. Comments received after the close of the comment
period will be marked ``late.'' EPA is not required to consider these
late comments.
    The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
MCPB RED will be implemented as it is now presented.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, the Administrator
shall determine whether pesticides containing such active ingredient
are eligible for reregistration, before calling in product specific
data on individual end-use products and either reregistering products
or taking other ``appropriate regulatory action.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for
pesticide residues in effect as of August 2, 1996, to determine whether
the tolerance or exemption meets the requirements of section 408(b)(2)
or (c)(2) of FFDCA. This review is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 13, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-9657 Filed 6-20-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Pages 32626-32628]
[FR Doc No: 2012-13279]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF09-8-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of Intent To
Prepare an Environmental Impact Statement for the Planned Rockaway
Delivery Lateral Project, Request for Comments on Environmental Issues,
and Notice of Public Scoping Meetings

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Rockaway Delivery Lateral
Project involving construction and operation of facilities by
Transcontinental Gas Pipe Line Company, LLC (Transco) in Queens and
Kings Counties, New York. The Commission will use this EIS in its
decisionmaking process to determine whether the project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EIS. Please note
that the scoping period will close on June 25, 2012.
    You may submit comments in written form or verbally. Further
details on how to submit written comments are in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, the Commission invites you to attend the
public scoping meetings scheduled as follows:

------------------------------------------------------------------------
             Date and time                           Location
------------------------------------------------------------------------
June 12, 2012, 7:00 p.m. EDT...........  Aviator Sports & Events Center,
                                          3159 Flatbush Avenue,
                                          Brooklyn, NY 11234.
June 13, 2012, 7:00 p.m. EDT...........  Knights of Columbus Rockaway
                                          Council 2672, 333 Beach 90
                                          Street, Rockaway Beach, NY
                                          11693.
------------------------------------------------------------------------

    The public meetings are designed to provide you with more detailed
information and another opportunity to offer your comments on the
planned project. Transco representatives will be present one hour
before each meeting to describe their proposal, present maps, and
answer questions. Interested groups and individuals are encouraged to
attend the meetings and to present comments on the issues they believe
should be addressed in the EIS. A transcript of each meeting will be
made so that your comments will be accurately recorded.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically-asked questions, including how to participate in
the Commission's proceedings.

Summary of the Planned Project

    Transco plans to modify its existing pipeline system in Lower New
York Bay by adding a new pipeline lateral and a meter and regulating
(M&R) station. Specifically, Transco plans to construct and operate
3.20 miles of 26-inch-diameter pipeline from its existing Lower New
York Bay Lateral (LNYBL), in the Atlantic Ocean, to an onshore
interconnect with the National Grid pipeline system on the Rockaway
Peninsula in Queens County, New York. At the offshore interconnect with
the LNYBL Transco would also install a subsea tie-in assembly that
includes a pig \1\ launcher and main line valve.
---------------------------------------------------------------------------

    \1\ A pig is an internal tool that can be used to clean and dry
a pipeline and/or to inspect the pipeline for damage. A pig launcher
is the launching station from which the pig is launched.
---------------------------------------------------------------------------

    Transco would construct the first 2.17 miles of offshore pipeline
from the LNYBL toward shore using conventional marine lay and trenching
methods. The remaining 0.65 mile of offshore pipeline, and all but 0.03
mile of onshore pipeline to the planned onshore interconnect with
National Grid's system on the Rockaway Peninsula would be installed
using horizontal directional drill (HDD) technology. Use of the HDD
method would disturb a small amount of land at the HDD entry location,
which would be located on the Tri-borough Bridge and Tunnel Authority's
right-of-way, and a small amount of seabed at the offshore HDD exit
location. However, the land and seabed between the HDD entry and exit
locations, which includes the beach and other Gateway National
Recreation Area lands, would not be disturbed or directly impacted.
    Transco would construct the new M&R station inside two existing,
unused hangars within the Gateway National Recreation Area that are
located on the southern end of Floyd Bennett Field. Transco would also
install inlet and outlet piping to connect the M&R station to a
proposed National Grid pipeline along Flatbush Avenue. A general
overview of the major project facilities is shown in Appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

    Transco indicates that the planned project would provide increased
natural gas supplies and enhanced system reliability to natural gas
distributors throughout the New York City area. Once completed, the
project would be capable of delivering up to 647 thousand dekatherms
per day (MDth/d) of natural gas (including 100 MDth/d of new
incremental supply) from Transco's pipeline system to National Grid's
distribution system in Brooklyn, New York. The lateral would also give

National Grid the flexibility to shift existing natural gas supplies
from its existing Long Beach delivery point to the new delivery point
on Flatbush Avenue. This, in turn, would alleviate the existing
capacity constraints on National Grid's system in the Rockaways.
    Pending project approvals, Transco anticipates beginning
construction in September 2013, with a projected in-service date of
November 2014. The intervening period between receipt of agency
approvals and commencement of construction would be used to obtain
congressional authorization and final National Park Service permits and
easements in order to allow the project to occur within the Gateway
National Recreation Area.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EIS on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EIS. We will
consider all filed comments during the preparation of the EIS.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EIS we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     Water resources, fisheries, and wetlands;
     Vegetation and wildlife;
     Endangered and threatened species;
     Land use;
     Socioeconomics;
     Cultural resources;
     Air quality and noise;
     Public safety; and
     Cumulative impacts.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EIS.
    The EIS will present our independent analysis of the issues. We
will publish and distribute the draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section beginning
on page 7.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the EIS.\4\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice. Currently, the NPS, U.S. Environmental Protection Agency (EPA),
and U.S. Army Corps of Engineers (COE) have expressed their intention
to participate as cooperating agencies in the preparation of the EIS to
satisfy their NEPA responsibilities related to this project.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office(s), and to solicit
their views and those of other government agencies, interested Indian
tribes, and the public on the project's potential effects on historic
properties.\5\ We will define the project-specific Area of Potential
Effects (APE) in consultation with the SHPO(s) as the project develops.
On natural gas facility projects, the APE at a minimum encompasses all
areas subject to ground disturbance (examples include construction
right-of-way, contractor/pipe storage yards, compressor stations, and
access roads). Our EIS for this project will document our findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
---------------------------------------------------------------------------

    \5\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the planned facilities and
the environmental information provided by Transco. This preliminary
list of issues may change based on your comments and our analysis.
     Water Resources:
     [cir] Impacts on off-shore and near-shore water quality.
     [cir] Assessment of contingency plans for inadvertent releases of
drilling fluids associated with horizontal directional drills.
     [cir] Assessment of alternative marine construction methods.
     Cultural Resources:
     [cir] Consideration of the special historic status of Jacob Riis
Park and Floyd Bennett Field.
     [cir] Impact of the planned M&R facility on the historic hangers
at Floyd Bennett Field.
     Land Use, Recreation and Special Interest Areas, and
Visual Resources:
     [cir] Impacts on the Gateway National Recreation Area and existing
uses within the recreation area, including Jacob Riis Park, Floyd
Bennett Field, and Jamaica Bay National Wildlife Refuge.
     [cir] Impacts on marine navigation and use of offshore waters.
     Air Quality and Noise:
     [cir] Effects on the local air quality and noise environment from
construction and operation of the planned facilities.
     Reliability and Safety:
     [cir] Assessment of hazards associated with natural gas pipelines
and aboveground facilities.
     [cir] Potential for project-related fire hazards.
     [cir] Evacuation plans
     Alternatives:
     [cir] Assessment of existing systems, alternative system
configurations, and alternative routes to reduce or avoid environmental
impacts.
     [cir] Evaluation of alternatives to avoid the Gateway National
Recreation Area.
     [cir] Assessment of alternative metering and regulating station
locations.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before June
25, 2012.
    (1) For your convenience, there are three methods you can use to
submit your comments to the Commission. In all instances, please
reference the project docket number (PF09-8-000) with your submission.
The Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>
You can file your comments electronically using the eComment feature
located on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing;'' or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
agencies; elected officials; environmental and public interest groups;
Native American Tribes; other interested parties; and local libraries
and newspapers. This list also includes all affected landowners (as
defined in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the project. We will update the
environmental mailing list as the analysis proceeds to ensure that we
send the information related to this environmental review to all
individuals, organizations, and government entities interested in and/
or potentially affected by the planned project.
    Copies of the completed draft EIS will be sent to the environmental
mailing list for public review and comment. If you would prefer to
receive a paper copy of the document instead of the CD version or would
like to remove your name from the mailing list, please return the
attached Information Request (Appendix 2).

Becoming an Intervenor

    Once Transco files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
available on the Commission's Web site at: http://www.ferc.gov/help/how-to/intervene.asp. Please note that the Commission will not accept
requests for intervenor status at this time. You must wait until the
Commission receives a formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF09-
8). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
    Finally, Transco has established an Internet Web site for its
project at http://www.energy.williams.com/Rockaway. The site includes a
project overview, contact information, regulatory overview, and
construction procedures. Transco will continue to update its Web site
with information about the project. You can also request additional
information by calling Transco at<PHONE_NUMBER>.

    Dated: May 25, 2012.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-13279 Filed 5-31-12; 8:45 am]
BILLING CODE 6717-01-P