[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Page 10241]
[FR Doc No: 2016-04241]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0239; FRL--9942-71-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Grain Elevators (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NSPS for Grain Elevators (40
CFR part 60, subpart DD) (Renewal)'' (EPA ICR No. 1130.11, OMB Control
No. 2060-0082), to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through February 29, 2016. Public comments were
previously requested via the Federal Register (80 FR 32120) on June 5,
2015 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may neither conduct nor sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.

DATES: Additional comments may be submitted on or before March 30,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2011-0239, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) apply to each
affected facility at any grain terminal elevator or any grain storage
elevator. The facilities are each truck unloading station, truck
loading station, barge and ship loading station, railcar loading
station, railcar unloading station, grain dryer and all grain handling
operations that commenced construction, modification or reconstruction
after August 3, 1978. Owners or operators of the affected facilities
must make a one-time-only report of the date of construction or
reconstruction, notification of the actual date of startup,
notification of any physical or operational change to existing facility
that may increase the rate of emission of the regulated pollutant,
notification of initial performance test; and results of initial
performance test. Owners or operators are also required to maintain
records of the occurrence and duration of any startup, shutdown, or
malfunction, or any period during which the monitoring system is
inoperative.
    Form Numbers: None.
    Respondents/affected entities: Grain elevator operations.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart DD).
    Estimated number of respondents: 200 (total).
    Frequency of response: Initially.
    Total estimated burden: 460 hours (per year). Burden is defined at
5 CFR 1320.3(b).
    Total estimated cost: $46,000 (per year). There are no annualized
capital/startup or O&M costs.
    Changes in the Estimates: There is a decrease in the respondent and
Agency burden in this ICR compared to the previous ICR. This is not due
to program changes. The burden and cost decrease because we corrected
the burden estimates by removing the annual summary report line item to
more accurately reflect the Subpart DD regulatory requirements. The
current Subpart DD NSPS does not impose any ongoing monitoring or
reporting requirement.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2016-04241 Filed 2-26-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6736-6737]
[FR Doc No: 2015-02466]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2014-0665; OMB Control Number 1625-0068]

Collection of Information Under Review by Office of Management
and Budget

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding Information Collection Requests (ICRs),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval of an
extension to the following collection of information: 1625-0068, State
access to the Oil Spill Liability Trust Fund for removal costs under
the Oil Pollution Act of 1990. Review and comments by OIRA ensure we
only impose paperwork burdens commensurate with our performance of
duties.

DATES: Comments must reach the Coast Guard and OIRA on or before March
9, 2015.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2014-0665] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) and/or to OIRA. To avoid
duplicate submissions, please use only one of the following means:
    (1) Online: (a) To Coast Guard docket at http://www.regulations.gov. (b) To OIRA by email via<EMAIL_ADDRESS>    (2) Mail: (a) DMF (M-30), DOT, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. (b) To
OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer
for the Coast Guard.
    (3) Hand Delivery: To DMF address above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
202-366-9329.
    (4) Fax: (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in a timely manner, mark the fax,
attention Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at Room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    Copies of the ICRs are available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr Ave SE., STOP 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT:  Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>, for
questions on these documents. Contact Ms. Cheryl Collins, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request For Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collections. There is
one ICR for each Collection.
    The Coast Guard invites comments on whether these ICRs should be
granted based on the Collections being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection;

and (4) ways to minimize the burden of the Collection on respondents,
including the use of automated collection techniques or other forms of
information technology. These comments will help OIRA determine whether
to approve the ICR referred to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2014-0665], and must be received by March 9,
2015. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number [USCG-
2014-0665]; indicate the specific section of the document to which each
comment applies, providing a reason for each comment. You may submit
your comments and material online (via http://www.regulations.gov), by
fax, mail, or hand delivery, but please use only one of these means. If
you submit a comment online via www.regulations.gov, it will be
considered received by the Coast Guard when you successfully transmit
the comment. If you fax, hand deliver, or mail your comment, it will be
considered as having been received by the Coast Guard when it is
received at the DMF. We recommend you include your name, mailing
address, an email address, or other contact information in the body of
your document so that we can contact you if we have questions regarding
your submission.
    You may submit comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES, but please
submit them by only one means. To submit your comment online, go to
http://www.regulations.gov, and type ``USCG-2014-0665'' in the
``Search'' box. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and will address them accordingly.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this Notice as
being available in the docket, go to http://www.regulations.gov, click
on the ``read comments'' box, which will then become highlighted in
blue. In the ``Search'' box insert ``USCG-2014-0665'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the DMF in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Numbers: 1625-0068.

Privacy Act

    Anyone can search the electronic form of comments received in
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 a Privacy Act statement
regarding Coast Guard public dockets in the January 17, 2008, issue of
the Federal Register (73 FR 3316).

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (79 FR 56082, September 18,
2014) required by 44 U.S.C. 3506(c)(2). That Notice elicited no
comments.

Information Collection Request

    1. Title: State access to the Oil Spill Liability Trust Fund for
removal costs under the Oil Pollution Act of 1990.
    OMB Control Number: 1625-0068.
    Type of Request: Extension of a currently approved collection.
    Respondents: Governor of a state or their designated
representative.
    Abstract: State access to the Oil Spill Liability Trust Fund. The
documentation will be used to verify that the requested funds were
expended for proper purposes.
    Forms: None.
    Burden Estimate: The estimated burden is 3 hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: February 2, 2015.
Thomas P. Michelli,
Chief Information Officer, Acting, U.S. Coast Guard.
[FR Doc. 2015-02466 Filed 2-5-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35335-35339]
From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]
[FR Doc No: 2019-15611]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 384

[Docket No. FMCSA-2018-0361]
RIN 2126-AC20

Lifetime Disqualification for Human Trafficking

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule revises the list of offenses permanently
disqualifying individuals from operating a commercial motor vehicle
(CMV) for which a commercial drivers' license or a commercial learner's
permit is required. This final rule reflects a change made by Congress
in the ``No Human Trafficking on Our Roads Act'' (the Act) which
prohibits an individual from operating a CMV for life if that
individual uses a CMV in committing a felony involving a severe form of
human trafficking, adding to the list of other disqualifying offenses
identified in statute. A list of these disqualifying offenses already
exists in the FMCSRs; this final rule is necessary to update that list
to include the new disqualifying offense established by the Act. This
final rule also sets a deadline for States to come into substantial
compliance with this requirement.

DATES: This final rule is effective September 23, 2019.
    Petitions for Reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than August 22, 2019.

FOR FURTHER INFORMATION CONTACT: Kathryn Sinniger, Office of the Chief
Counsel, Regulatory and Legislative Affairs, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001 or by telephone at<PHONE_NUMBER>. If you have questions on viewing
or submitting material to the docket, contact Docket Services,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This Final Rule is organized as follows:

I. Availability of Rulemaking Documents
II. Executive Summary
III. Legal Basis
IV. Discussion of Final Rule
V. International Impacts
VI. Section-by-Section
VII. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory
Policies and Procedures as Supplemented by E.O. 13563)
    B. Regulatory Flexibility Act (Small Entities)
    C. Assistance for Small Entities
    D. Unfunded Mandates Reform Act of 1995
    E. Paperwork Reduction Act (Collection of Information)
    F. E.O. 13132 (Federalism)
    G. E.O. 12988 (Civil Justice Reform)
    H. E.O. 13045 (Protection of Children)
    I. E.O. 12630 (Taking of Private Property)
    J. Privacy
    K. E.O. 12372 (Intergovernmental Review)
    L. E.O. 13211 (Energy Supply, Distribution, or Use)
    M. E.O. 13175 (Indian Tribal Governments)
    N. National Technology Transfer and Advancement Act (Technical
Standards)
    O. Environment

I. Availability of Rulemaking Documents

    For access to docket FMCSA-2018-0361 to read background documents,
go to http://www.regulations.gov/ at any time, or to Docket Services at
U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

II. Executive Summary

    This final rule revises the list of offenses permanently
disqualifying individuals required to have a commercial drivers'
license (CDL) or a commercial learner's permit (CLP). This final rule
reflects a change made by Congress in the ``No Human Trafficking on Our
Roads Act'' (Pub. L. 115-106, 131 Stat. 2265, Jan. 8, 2018) (the Act).
The Act prohibits an individual from operating a commercial motor
vehicle (CMV), as defined in 49 U.S.C. 31301(4), for life, not eligible
for reinstatement, if that individual uses a CMV in committing a felony
involving a severe form of human trafficking, adding to the list of
disqualifying offenses found in 49 U.S.C. 31310. A list of those
existing disqualifying offenses already exists in 49 CFR 383.51; this
final rule is necessary to update that list to include the new lifetime
disqualifying offense established by the Act.
    This final rule also sets a deadline for States to come into
substantial compliance, as required by 49 U.S.C. 31311(a)(15).

III. Legal Basis for the Rulemaking

    This final rule is based on the authority of the Commercial Motor
Vehicle Safety Act of 1986, as amended (CMVSA) (Pub. L. 99-570, Title
XII, 100 Stat. 3207-170, 49 U.S.C. chapter 313). The CMVSA, implemented
in 49 CFR parts 383 and 384, established the commercial driver's
license (CDL) and commercial learner's permit (CLP) programs. As part
of the standards governing the operation of CMVs for which a CDL or CLP
is required, section 31310 sets forth the offenses for which the
Secretary of Transportation (the Secretary) must disqualify an
individual from operating a CMV. In accordance with 49 CFR 1.87, the
FMCSA Administrator is delegated authority to carry out the motor
carrier functions vested in the Secretary. Section 31311(a)(15)
requires the State, in order to avoid having amounts withheld from
apportionment under section 31314, to disqualify the individual from
operating a CMV for the same reasons and time periods set forth in
section 31310, subsections (b-e), (i)(1)(A), and (i)(2).
    The specific authority for this final rule derives from the ``No
Human Trafficking on Our Roads Act'' (the Act) (Pub. L. 115-106, 131
Stat. 2265, Jan. 8, 2018), which amended 49 U.S.C. 31310(d) by adding
the use of a CMV in committing a felony involving a severe form of
human trafficking as a basis for an individual to be disqualified from
operating a CMV for life without the possibility of reinstatement.
Today's rule adds this offense to the other bases for disqualification
already set forth in 49 CFR 383.51.
    The Administrative Procedure Act (APA) provides that notice and
public comment procedures are not required when an Agency finds there
is ``good cause'' to dispense with such procedures and incorporates the
finding and a brief statement of reasons to support the finding in the
rule issued. Good cause exists when the agency determines that notice
and public comment procedures are impracticable, unnecessary, or
contrary to the public interest (5 U.S.C. 553(b)(3)(B)). The statutory
provision set forth in the Act is already in effect, and is enforceable
regardless of whether it is incorporated into the CFR. This final rule
incorporates the statutory provision into the CFR, to promote public
awareness of this important provision and to ensure there is no
discrepancy between statute and regulation, which could cause
confusion. Because this final rule simply codifies already-existing
statutory requirements into regulation, FMCSA would be unable to make
any changes to this rule in response to comments. FMCSA therefore finds
good cause that public comment procedures are unnecessary.
    FMCSA is aware of the regulatory requirements concerning public
participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but, because this final
rule is not a major rule, they are not applicable here. In addition,
the Agency finds that publication of an advance notice of proposed
rulemaking under 49 U.S.C. 31136(g)(1)(A), or a negotiated rulemaking
under 49 U.S.C. 31136(g)(1)(B), is unnecessary and contrary to the
public interest in accordance with the waiver provision in 49 U.S.C.
31136(g)(3).
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    \1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Management and Budget (OMB) finds has resulted in or is likely to
result in (a) an annual effect on the economy of $100 million or
more; (b) a major increase in costs or prices for consumers,
individual industries, Federal agencies, State agencies, local
government agencies, or geographic regions; or (c) significant
adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)). The term ``major rule'' does
not include any rule promulgated under the Telecommunications Act of
1996 and the amendments made by that Act.
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IV. Discussion of Final Rule

    As noted above, the Act imposes a lifetime ban from operating a CMV
on an individual who uses a CMV in committing a felony involving a
severe form of trafficking in persons, as defined in 22 U.S.C.
7102(11).\2\ As noted in the Senate Report accompanying the
legislation, ``Human trafficking, particularly sex trafficking, is
known to be present at commercially operated truck stops and State-
operated rest areas throughout the United States. Given their
remoteness and insulation from communities, these locations can be a
convenient place for sex traffickers to operate with minimal concerns
for detection'' (Senate Report 115-188, Nov. 30, 2017). While Congress
noted that CMV drivers can play an important part in identifying
trafficking incidents, it concluded that more can be done to combat
human trafficking. The Act is therefore intended to serve as a
deterrent measure, as well as to punish those felonies involving severe
forms of trafficking in persons.
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    \2\ The Act references the definition found in 22 U.S.C.
7102(9). A recent reauthorization of the Trafficking Victims
Protection Act of 2000 resulted in the redesignation of 22 U.S.C.
7101(9) to 22 U.S.C. 7102(11). This rule references the redesignated
paragraph, in order to maintain the original intent of Congress when
passing the Act. See ``Trafficking Victims Protection
Reauthorization Act of 2017,'' Public Law 115-427 (Jan, 9, 2019).
---------------------------------------------------------------------------

    The Act, which is self-executing, disqualifies any individual who
uses a CMV in committing a felony involving a severe form of
trafficking in persons, as defined in 22 U.S.C. 7102(11), from
operating a CMV for life. 22 U.S.C. 7102(11) defines the term ``severe
forms of trafficking in persons'' to mean either ``sex trafficking in
which a commercial sex act is induced by force, fraud, or coercion, or
in which the person induced to perform such act has not attained 18
years of age;'' or ``the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.'' The term
``sex trafficking'' is further defined as ``the recruitment, harboring,
transportation, provision, obtaining, patronizing, or soliciting of a
person for the purpose of a commercial sex act'' (22 U.S.C. 7102(12).
    This final rule adds the lifetime disqualification without
reinstatement to the list of disqualifying major offenses currently set
forth in 49 CFR 383.51(b), Table 1.
    This final rule also give States three years to come into
substantial compliance with the Act, as required by 49 U.S.C.
31311(a)(15), which reads ``The State shall disqualify an individual
from operating a commercial motor vehicle for the same reasons and time
periods for which the Secretary shall disqualify the individual under
subsections (b)-(e), (i)(1)(A) and (i)(2) of section 31310.'' Because,
as noted above, the Act amended 49 U.S.C. 31310(d), States must satisfy
the requirement to disqualify for life without reinstatement any
individual who uses a CMV in committing a felony involving a severe
form of trafficking in persons (as those terms are defined above).
Recognizing that some States may need to conform their licensing
statutes and regulations to include this new disqualifying offense, the
Agency requires that States come into substantial compliance with 49
U.S.C. 31311(a) as soon as practicable, but not later than three years
from the effective date of this final rule.

V. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries that they operate in, unless an international agreement
states otherwise. Drivers and

carriers should be aware of the regulatory differences amongst nations.

VI. Section-by-Section Analysis

    This final rule adds a new entry to 49 CFR 383.51(b), Table 1 to
read as follows: (10) using the vehicle in the commission of a felony
involving an act or practice of severe forms of trafficking in persons,
as defined and described in 22 U.S.C. 7102(11).
    This final rule also adds new paragraph (j) to 49 CFR 384.301,
requiring States to come into substantial compliance with the changes
made by this final rule within three years of its effective date.

VII. Regulatory Analyses

A. Executive Order (E.O). 12866 (Regulatory Planning and Review and DOT
Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA determined that this final rule is not a significant
regulatory action under section 3(f) of Executive Order 12866,
Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR
3821, January 21, 2011). Accordingly, the Office of Management and
Budget has not reviewed it under that Order. The rule also is not
significant within the meaning of DOT regulatory policies and
procedures (DOT Order 2100.6 dated December 20, 2018).
    The Agency does not expect this rule to result in incremental costs
or benefits. This rule brings FMCSRs into alignment with statute by
adding the statutory provision in 49 U.S.C. 31310(d) to 49 CFR part
383.51. As described above in ``III. Legal Basis for the Rulemaking,''
the Act added a lifetime disqualification, not eligible for
reinstatement, from operating a CMV to the list of disqualifying
offenses found in 49 U.S.C. 31310 for individuals using a CMV in
committing a felony involving a severe form of human trafficking. This
offense, resulting in disqualification for life without reinstatement,
is currently enforceable under the Act as of January 8, 2018.
Therefore, individuals operating a CMV are already subject to
enforcement under the existing statute regardless of whether this rule
is promulgated.
    This final rule requires States to come into substantial compliance
with these changes within three years of the effective date. This
follows the Agency's precedent of allowing States three years to take
any required conforming legislative or regulatory actions.

B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs

    This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term ``small entities'' comprises
small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.\3\
Accordingly, DOT policy requires an analysis of the impact of all
regulations on small entities, and mandates that agencies strive to
lessen any adverse effects on these businesses.
---------------------------------------------------------------------------

    \3\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see
National Archives at http://www.archives.gov/federal-register/laws/regulaotry-flexibility/601.html.
---------------------------------------------------------------------------

    FMCSA is not required to complete a regulatory flexibility
analysis, because, as discussed earlier in the Legal Basis section,
this action is not subject to notice and comment under section 553(b)
of the APA.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the final rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please consult the FMCSA point of
contact listed in the For Further Information Contact section of this
final rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $161 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2017 levels) or more in any one year. Though this final rule is not a
discretionary regulatory action and thus will not result in such an
expenditure, the Agency does discuss the effects of this rule elsewhere
in this preamble.

F. Paperwork Reduction Act

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

G. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' FMCSA has determined that this rule
would not have substantial direct costs on or for States, nor would it
limit the policymaking discretion of States. Nothing in this document
preempts any State law or regulation. Therefore, this rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.

H. E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.

I. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined

this final rule is not economically significant. Therefore, no analysis
of the impacts on children is required. In any event, the Agency does
not anticipate that this regulatory action could in any respect present
an environmental or safety risk that could disproportionately affect
children.

J. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

K. Privacy Impact Assessment

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118
Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a
privacy impact assessment (PIA) of a regulation that will affect the
privacy of individuals. This rule does not require the collection of
personally identifiable information (PII).
    The E-Government Act of 2002, Public Law 107-347, 208, 116 Stat.
2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct PIA
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. Because no new or
substantially changed technology would collect, maintain, or
disseminate information as a result of this rule, FMCSA did not conduct
a privacy impact assessment.

L. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.

N. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

O. National Technology Transfer and Advancement Act (Technical
Standards)

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

P. Environment

    FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraph(s)(5). The Categorical Exclusion (CE) in
paragraph(s) covers Regulations intended to help reduce or prevent
truck and bus accidents, fatalities, and injuries by requiring drivers
to have a single commercial motor vehicle driver's license and by
disqualifying drivers who operate commercial motor vehicles in an
unsafe manner and provide for periods of disqualification and penalties
for those persons convicted of certain criminal and other offenses and
serious traffic violations. The content in this rule is covered by this
CE and the final action does not have any effect on the quality of the
environment. The CE determination is available for inspection or
copying in the Regulations.gov website listed under ADDRESSES.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Commercial driver's license,
Commercial motor vehicles, Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
1. The authority citation for part 383 continues to read as follows:

    Authority: Authority: 49 U.S.C. 521, 31136, 31301 et seq., and
31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766,
1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140
of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-
141, 126 stat. 405, 830; and 49 CFR 1.87.

Subpart D--Driver Disqualifications and Penalties

0
2. In Sec.  383.51, by add paragraph (b)(10) to table 1 to read as
follows:

Sec.  383.51  Disqualification of drivers.

* * * * *
    (b) * * *

                                                                Table 1 to Sec.   383.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                For a first            For a second
                                                                                conviction or refusal  conviction or refusal       For a second
                                     For a first conviction                            to be tested while     to be tested in a    conviction or refusal
                                        or refusal to be     For a first conviction     operating a CMV      separate incident of    to be tested in a
                                     tested while operating     or refusal to be          transporting        any combination of    separate incident of
                                         a CMV, a person     tested while operating   hazardous materials      offenses in this      any combination of
    If a driver operates a motor     required to have a CLP    a non-CMV, a CLP or     as defined in Sec.   Table while operating     offenses in this
    vehicle and is convicted of:       or CDL and a CLP or     CDL holder must be       383.5, a person        a CMV, a person     Table while operating
                                       CDL holder must be       disqualified from      required to have a     required to have a    a non-CMV, a CLP or
                                        disqualified from     operating a CMV for *   CLP or CDL and a CLP   CLP or CDL and a CLP    CDL holder must be
                                      operating a CMV for *            * *           or CDL holder must be  or CDL holder must be    disqualified from
                                               * *                                     disqualified from      disqualified from    operating a CMV for *
                                                                                operating a CMV for *  operating a CMV for *           * *
                                                                                * *                    * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
(10) Using a CMV in the commission   Life--not eligible for  Not applicable........  Life--not eligible     Life--not eligible     Not applicable.
 of a felony involving an act or      10-year reinstatement.                          for 10-year            for 10-year
 practice of severe forms of                                                          reinstatement.         reinstatement.
 trafficking in persons, as defined
 and described in 22 U.S.C.
 7102(11).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
5. The authority citation for part 384 continues to read as follows:

     Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112-141, 126 Stat. 405, 830; sec. 5401 and 7208 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.

Subpart C--Procedures for Determining State Compliance

0
6. In Sec.  384.301, add paragraph (j) to read as follows:

Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (j) A State must come into substantial compliance with the
requirements of part 383 of this chapter in effect as of September 23,
2019, or as soon as practicable, but not later than September 23, 2023.

    Issued under authority delegated in 49 CFR 1.87.

     Dated: July 11, 2019.
 Raymond P. Martinez,
Administrator.
[FR Doc. 2019-15611 Filed 7-22-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Page 35104]
[FR Doc No: 2021-14090]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4595-DR; Docket ID FEMA-2021-0001]

Kentucky; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4595-DR), dated April 23, 2021,
and related determinations.

DATES: This amendment was issued June 7, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of April 23, 2021.

    Madison County for Public Assistance (already designated for
Individual Assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-14090 Filed 6-30-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58905-58909]
[FR Doc No: 2022-21037]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2922-0049]

Agency Information Collection Activities; Notice and Request for
Comment; Crash Report Sampling System (CRSS), Non-Traffic Surveillance
(NTS) and Special Studies Data Collection

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

ACTION: Notice and request for comments on a request for extension with
modification of a currently approved information collection.

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

SUMMARY: NHTSA invites public comments about our intention to request
the Office of Management and Budget (OMB) for an extension with
modification of a currently approved information collection. 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
proposed collections of information, including extensions and
reinstatement of previously approved collections. This document
describes collections of information for which NHTSA intends to seek
OMB approval that collect for NHTSA's Crash Report Sampling System
(CRSS), Non-Traffic Surveillance (NTS), and special studies.

DATES: Written comments should be submitted by November 28, 2022.

ADDRESSES: You may submit comments [identified by Docket No. DOT-NHTSA-
20XX-XXXX] through one of the following methods:
      Electronic Submissions: Go to the Federal eRulemaking
Portal: http://www.regulations.gov. Follow the online instructions for
submitting comments.
     Fax:1-202-493-2251
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays. To be sure someone is there
to help you, please call<PHONE_NUMBER> before coming.
    Instructions: All submissions must include the agency name and
docket number for this notice. 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 https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Jonae S. Anderson, Office of Data
Acquisition (NSA-120), Room W53-470.<PHONE_NUMBER>, 1200 New Jersey
Avenue SE, Washington, DC 20590, Please identify the relevant
collection of information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), before an agency submits a proposed
collection of information to OMB for approval, it must first 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 regulation (at 5CFR 1320.8(d), an agency must ask
for public comment on the following: (a) 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; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) how to enhance
the quality, utility, and clarity of the information to be collected;
and (d) 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.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collections of information for which
the agency is seeking approval from OMB.
    Title: Crash Report Sampling System (CRSS), Non-Traffic
Surveillance System (NTS), and Special Studies.
    OMB Control Number: 2127-0714.
    Form Number(s): N/A.
    Type of Request: Revision of a currently approved collection of
information.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information: NHTSA is authorized by 49
U.S.C. 30182 and 23 U.S.C. 403 to collect data on motor vehicle traffic
crashes to aid in the identification of issues and the development,
implementation, and evaluation of motor vehicle and highway safety
countermeasures to reduce fatalities and the property damage associated
with motor vehicle crashes. Using this authority, NHTSA established the
Crash Report Sampling System (CRSS), CRSS related Special Studies and
the Non-Traffic Surveillance (NTS). Through these efforts, NHTSA
collects data on motor vehicle crashes, including crashes involving
injuries and fatalities, property damage only crashes, as well

as non-traffic crashes that involve injuries and fatalities. NHTSA uses
information from these data collections to support NHTSA's mission to
save lives, prevent injuries, and reduce economic losses resulting from
motor vehicle crashes.
    Since late 1970s, NHTSA's National Center for Statistics and
Analysis (NCSA) has utilized a multidisciplinary approach to meet the
data needs of our end users that leverages an efficient combination of
census, sample-based, and existing State files to provide information
on traffic crashes on a timely basis. Beginning in 2016, the CRSS has
been used to identify highway safety problem areas and provide general
data trends. The Non-Traffic Surveillance System (NTS) provides data
regarding fatalities and injuries that occur in non-traffic crashes and
non-crash incidents.
    CRSS obtains data from a nationally representative probability
sample selected from police reported motor vehicle traffic crashes.
Specifically, CRSS collects data on crashes involving at least one
motor vehicle in transport on a trafficway that resulted in property
damage, injury or a fatality will be included in the CRSS sample. The
crash reports sampled will be chosen from selected areas that reflect
the geography, population, miles driven, and the number of crashes in
the United States. No additional data beyond the selected crash reports
will be collected. Once the crash reports are received, they will be
coded and the data will be entered into the CRSS Records Based
Information Solution (RBIS), the repository for CRSS cases and
reporting tools.
    CRSS will acquire nationally representative information on
fatalities, injuries and property damage directly from existing State
police crash reports. The user population includes Federal and State
agencies, automobile manufacturers, insurance companies, and the
private sector. Annual changes in the sample parameters are minor in
terms of operation and method of data collection, and do not affect the
reporting burden on respondents.
    The Non-Traffic Surveillance (NTS) is a data collection effort for
collecting information about counts and details regarding fatalities
and injuries that occur in non-traffic crashes and non-crash incidents.
Non-traffic crashes are crashes that occur off a public trafficway
(e.g., private roads, parking lots, or driveways), and non-crash
incidents are incidents involving motor vehicles but do not involve a
crash scenario, such as carbon monoxide poisoning and hypo/
hyperthermia. NTS non-traffic crash data are obtained through NHTSA's
data collection efforts for the Crash Report Sampling System (CRSS),
the Crash Investigation Sampling System (CISS),\1\ and the Fatality
Analysis Reporting System (FARS) \2\. NTS also includes data outside of
NHTSA's own data collections. NTS' non-crash injury data is based upon
emergency department records from a special study conducted by the
Consumer Product Safety Commission's National Electronic Injury
Surveillance System (NEISS) All Injury Program. NTS non-crash fatality
data is derived from death certificate information from the Centers for
Disease Control's National Vital Statistics System.
---------------------------------------------------------------------------

    \1\ NHTSA's information collection for CISS is covered by the
ICR with OMB Control No. 2127-0706.
    \2\ NHTSA's information collection for FARS is covered by the
ICR with OMB Control No. 2127-0006.
---------------------------------------------------------------------------

    For the NTS data collection this notice only discusses for the non-
traffic crash portion that is collected using methods for the CRSS data
collection. The non-traffic crash data that feed into NTS from the FARS
and CISS data collection efforts are covered under information
collection clearances for those data collection efforts. This is done
because the data is collected differently under each of NHTSA's three
data collection efforts. During the CRSS and CISS sampling process, NTS
applicable crashes will be chosen from the same sample sites. The FARS
data collection effort uncovers NTS applicable reports received from
the State during their normal data collection activities for FARS.
Therefore, the burden for NTS is included in each study's calculation.
No additional data will be collected beyond the NTS applicable reports.
Once the crash reports are received, each case will be coded and
entered into the NTS RBIS application. NHTSA uses NTS data to estimate
fatalities and injuries in non-traffic crashes, which are crashes which
occur off the trafficways such as nonpublic roads, driveways, and
parking lots.
    In addition to CRSS data collection, NHTSA may require special
studies to further analyze motor vehicle crashes in the CRSS
jurisdictions. One type of special study is the collection of data from
the non-sampled crashes from CRSS Police Jurisdictions (PJs) by the
crash report Strata, NTS applicable, or out of scope, to help assess
the accuracy of the PJ frame. Non-sample PJs are defined as PJs that
investigate motor vehicle crashes within the CRSS PSU boundaries but
are not sampled through the CRSS study.
    Another special study NHTSA may require is the CRSS PJ frame
evaluation. The PJ frame is constantly changing: new PJs start
operating, existing PJs are closed, multiple PJs are merged into one
PJ, or one PJ splits into multiple PJs. The current CRSS PJ sample was
selected from the 2016 PJ frame and the PJ weights were calculated
accordingly. If the PJ frame has changed dramatically from the 2016 PJ
frame, the CRSS PJ weights are no longer correct and the CRSS estimates
may be biased. To prevent this, NHTSA needs to evaluate the current PJ
frame to identify all PJs that currently generate PCRs for the sampled
non-Electronic Data Transfer (EDT) PSUs and collect 6 crash counts
(total crashes, fatal crashes, injury crashes, pedestrian crashes,
motorcycle crashes, and commercial motor vehicle crashes). The EDT is
the nightly transfer of crash data. EDT PSUs have been collapsed into
one PJ and sample crash reports throughout the county. Thus, the
concern of completeness of the PJ frame in EDT PSUs, isn't an issue.
Additionally, this study is different from the non-sample count special
study, because the six crash counts are unrelated to CRSS or NTS
applicability. These crash counts will be used as PJ measurement of
size for PJ sample selection or PJ weight adjustment if needed.
    NHTSA is seeking approval to modify the existing information
collection to (a) reduce the burden hour estimates for CRSS information
collection to account for previous inflated estimates and current
efficiencies and (b) add the non-sampled Special Study into this
package. The combined impact is an increase of 7,000 burden hours to
NHTSA's overall total.

Description of the Need for the Information and Proposed Use of the
Information

    NHTSA's mission is to save lives, prevent injuries, and reduce
economic losses resulting from motor vehicle crashes. In order to
accomplish this mission, NHTSA needs high-quality data on motor vehicle
crashes. The CRSS supports this mission by providing the agency with
vital information about a nationally representative sample involving
motor vehicle traffic crashes that occur on our nation's roadways.
    CRSS data is used extensively by all the NHTSA program and research
offices, other DOT modes, States, and local jurisdictions. The highway
research community uses the CRSS data for trend analysis, problem
identification, and program evaluation. Congress uses the CRSS data for
making

decisions concerning safety programs. The CRSS data is made publicly
available to anyone interested in highway safety.
    The NTS is a Congressionally mandated data collection effort, which
provides counts and details regarding injuries and fatalities that
occur in non-traffic crashes and in non-crash incidents. NTS annual
data is used to produce estimates for injuries and fatalities in non-
traffic crashes. The NTS data is also made publicly available for
highway safety research purposes.
    The special studies such as the non-sample count and PJ frame
evaluation are critical to assessing the quality of the PJ frame of the
CRSS PSUs to determine PJ weights and measure of size for the CRSS PJ
sample selection. Without the special studies, NHTSA may fail to
accurately assess the national crash picture by missing pertinent crash
data.
    Affected Public: Various Police Jurisdiction and State Agencies.
    Local police jurisdictions (PJs) and State agencies that collect
and maintain central databases of motor vehicle crashes partner with
NHTSA to provide access to crash reports for the CRSS sample sites on a
routine basis. CRSS collects data from sampled police jurisdictions in
order to collect a nationally representative sample. However, because
CRSS only collects information from police crash reports for many
jurisdictions, NHTSA is able to collect the data directly from the
States. This is because States have been moving toward more electronic
and centralized data collection systems.
    Estimated Number of Respondents: NHTSA estimates that approximately
28 States and 44 police jurisdictions will provide crash data to
support CRSS in each of the next three years. Because the portion of
NTS data that comes from the CRSS data collection relies on the CRSS
data collection methodologies, NHTSA estimates that the same 72
respondents will also provide data to NHTSA through the CRSS data
collection effort. The estimated number of respondents for the non-
sample count special study is approximately 136 PJs. The estimated
number of respondents for the PJ frame evaluation is approximately
1,248 PJs.
    Frequency: Varies. The frequency of providing crash reports is
established by the local PJs and state agencies. Typically, weekly, or
bi-weekly access to crash reports is provided.
    Estimated Number of Responses Annually: NHTSA estimates 677,005
crash reports, which includes both the CRSS and NTS crashes from the
sample PJs. However, of the 677,005 crashes, it is estimated that 3,000
of those will be NTS applicable crashes and thus remainder could be
CRSS applicable crashes is 674,005. Additionally, it is estimated that
the non-sample special studies will generate 247,110 crashes from the
non-sample PJs. The number of crashes for the PJ frame evaluation will
be estimated at the total of crash reports generated from combining the
sample and non-sample PJs to derive the six crash counts. Thus, the
number of generated crash reports estimated is 677,005 + 247,110 =
1,410,551 crashes.

------------------------------------------------------------------------
                                                              Estimated
                           Study                              number of
                                                               crashes
------------------------------------------------------------------------
CRSS.......................................................      674,005
NTS........................................................        3,000
Non-Sample Special Study...................................      247,100
PJ Frame Evaluation Special Study..........................    1,410,551
                                                            ------------
    Grand Total............................................    1,410,551
------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 42,680 Hours.
    Within the 30 States or 60 CRSS Primary Sampling Units (PSUs) there
are Police Jurisdictions (PJs), from which a CRSS sampler must obtain
crash reports for listing, categorization, and sampling. Currently, 50
PSUs provide NHTSA data electronically--through EDT, State website
access, or web service portal. For one State, the crash reports are
obtained through EDT and manually since not all crashes are reported
through EDT. Therefore, NHTSA counted that state more than once due to
the crash report acquisition method. However, there is a total of 10
PSUs, or 21 local PJs, where crash reports collection is conducted in
the field using a combination of electronic and manual methods as
dictated by the sample PJ's crash report collection methods. These PJs
required field samplers which incur an increased burden due to the
labor-intensive administrative practices and privacy protections
associated with manually accessing the crash reports. The total
respondents doesn't equal to 30 States or 60 PSUs, due to the variation
in accessing crash reports throughout the sample.
    The annual burden estimate detailed in Table 1 is produced by
identifying the crash report access method for each PSU and PJ and
assigning the appropriate burden hours for that method as outlined
below.
     EDT Maintenance--For PSUs providing crash report through
EDT, the burden is estimated at 5 hours annually. This accounts for
yearly updates to programming needed to successfully transmit data,
such as updating data structures if new data elements are added or any
changes to the state made to their crash report and/or databases.
     State Website--User Access Only: For PSUs providing crash
reports via a state repository/website or database, the burden is
estimated at 10 hours annually. This represents time to process user
account requests, establish credentials, and routine maintenance of the
State's data repositories.
     State Website--User Access and Additional Administrative
Functions: For PSUs providing crash reports directly to NHTSA via web
service or where the State employees provide user access accounts in
addition to regularly searches for crash reports, compiles the lists of
crashes to send to NHTSA monthly, the burden is estimated at 60 hours
annually. This represents implementation, data transfer monitoring, and
communications with NHTSA and its contractors.
     For PSUs providing crash reports to NHTSA via manual crash
report access methods (i.e., weekly physical visits to a PJ, copying
crash reports and mailing them, and searching for recently completed
crash reports and uploading crash reports to secure email links), the
burden is estimated at 470 hours annually. This represents--but is not
limited to--maintaining a law enforcement presence while the crash
reports are being reviewed, and/or providing resources to the CRSS
sampler in order to access the crash reports. This is the most labor
extensive access type due to the administrative burden and the
additional processes required to protect PII. Other local police
jurisdictions may photocopy crash reports and FedEx to the contractors
or download electronic crash reports to submit electronically via
secure email or thumb drive monthly.

----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                Hours per    respondents--police
                       Access method                          jurisdiction    jurisdiction  (PJ)    Total hours
                                                                                or states
----------------------------------------------------------------------------------------------------------------
EDT (Maintenance)..........................................               5                 14                70
State Website (user access only)...........................              10                 11               110
State Website (user access and additional administrative                 60                  2               120
 functions)................................................
Web Service (user access and States query and compile info)              60                  1                60
Mixed Manual...............................................             470                 44            20,680
                                                            ----------------------------------------------------
    Grand Total............................................  ..............                 72            21,040
----------------------------------------------------------------------------------------------------------------

    On an ad-hoc basis, NHTSA requests a non-sample count special study
to assess the Police Jurisdiction (PJ) frame. The non-sample count and
the PJ Frame evaluation studies are critical to assessing the quality
of the PJ frame of the CRSS PSUs to determine PJ weights and measure of
size for the CRSS PJ sample selection. Without the special studies,
NHTSA may fail to accurately assess the national crash picture by
missing pertinent crash data.
    Number of Respondents: 136 (Non-Sample Count Special Study).
    Estimated Total Annual Burden Hours: 21,307 (Non-Sample Count
Special Study).
    The burden calculation for the non-sample count special study is
difficult to determine. Each burden calculation is associated with the
agreed upon crash report access method for sample sites. For non-sample
PJs we have no established relationship nor is it known which type of
access to crash report is feasible. Most importantly, non-sample count
special studies are conducted on an ad-hoc basis and not implemented
every year. Table 2 illustrates non-sample counts by access method in
the state for sample sites.
    EDT has been removed from the table because CRSS samples from the
entire county, there is no distinction between the non-sample and
sample PJs. This is an added benefit to EDT implementation as we get an
accurate assessment of the PSU frame by CRSS strata. State websites
with user access have non-sample PJs however, there is no added burden
because the initial access granted is at the state level. State website
with user access and additional administrative functions provide NHTSA
data at the county level, which includes both sample and non-sample
PJs, thus there is no additional burden to the state. Webservice
agreements also provide data at the county level, thus there is no
additional burden to the state. States noted as having manual methods
only account for the sample PJs. Without established cooperation, NHTSA
can't forecast individual PJs access methods for the purposes of the
burden calculation. Thus, the maximum burden for the non-sample count
special study's estimated burden is 21,307 with the possibility of
reduction with cooperative agreements finalized.

----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                Hours per    respondents--police
                       Access method                          jurisdiction    jurisdiction  (PJ)    Total hours
                                                                                or states
----------------------------------------------------------------------------------------------------------------
State Website (user access only)...........................              10                  0                 0
State Website (user access and additional administrative                 60                  0                 0
 functions)................................................
Web Service (user access and States query and compile info)              60                  0                 0
Manual.....................................................             470                136     * 21,307 (470
                                                                                136/3)
                                                            ----------------------------------------------------
    Grand Total............................................  ..............                136            21,307
----------------------------------------------------------------------------------------------------------------

    Number of Respondents: 1,248 (PJ Frame Evaluation Special Study).
    Estimated Total Annual Burden Hours: 333 (PJ Frame Evaluation
Special Study).
    The activities associated with PJ frame evaluation special study
include identifying the in-scope PJs and contacting the in-scope PJs
for the 6 crash counts. NHTSA estimates there are total 40 non-EDT PSUs
and about 1,248 PJs in those non-EDT PSUs. NHTSA estimates it would
about 1 minute per PJ to confirm if any changes to the PJ since the
2016. NHTSA anticipates approximately 15 minutes (0.25 hours) for each
PJ to prepare the 6 crash counts. NHTSA estimates the total number of
hours of response burden is about 333 hours.

----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                                respondents
              PJ frame evaluation                    Hours per jurisdiction        jurisdiction     Total hours
                                                                                (PJ)
----------------------------------------------------------------------------------------------------------------
Manual........................................  16 Minutes......................           1,248    * 333 (16/60
                                                                                1,248)
                                                                                -------------------------------
    Grand Total...............................  ................................           1,248             333
----------------------------------------------------------------------------------------------------------------

    This hourly burden was calculated using the Bureau of Labor
Statistics' mean hourly wage estimate for Court, Municipal, and License
Clerks (Standard Occupational Classification

#43-4031) \3\ from May 2021 of $21.57. Therefore, NHTSA estimates the
hourly wage associated with the estimated 21,040 burden hours to be
$453,832.80 (21,040 hours x $21.57 per hour). This is a reduction of
the previously reported burden of 35,680 labor hours and estimated
costs of $705,036.80. The efficiencies with the increased
implementation of the EDT and better understanding of local and state
crash repositories contribute to the reduction in burden labor hours
and subsequent costs. The Bureau of Labor Statistics estimates that for
State and local government workers, wages represent 54.96% of total
compensation.\4\ Therefore, the total cost of burden associated with
this collection is estimated to be $825,751.09 ($453,832.80/.5496).
---------------------------------------------------------------------------

    \3\ See May 2021 National Industry-Specific Occupational
Employment and Wage Estimates, 43-4031--Court, Municipal, and
License Clerks, available at https://www.bls.gov/oes/current/oes434031.htm (accessed May 18, 2022).
    \4\ See Table 1. Employer Costs for Employee Compensation by
ownership (Dec. 2021), available at https://www.bls.gov/news.release/ecec.t01.htm (accessed May 18, 2022).
---------------------------------------------------------------------------

    The total burden hours are presented in the table below but
described for each study.

------------------------------------------------------------------------
                                                                 Total
                            Study                                burden
                                                                 hours
------------------------------------------------------------------------
CRSS.........................................................     21,040
NTS..........................................................          0
Non-Sample Special Study.....................................     21,307
PJ Frame Evaluation Special Study............................        333
                                                              ----------
    Grand Total..............................................     42,680
------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: $0.
    NHTSA estimates that there are no costs associated with this
information collection other than labor costs associated with burden
hours. This is a drastic decrease from the $1.7 M from when NHTSA last
sought approval for this information collection. The decrease in costs
is a result of removing labor costs associated with labor hours that
were included in response to question 12, but unfortunately were
incorrect.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information. The agency
will summarize and/or include your comments in the request for OMB's
clearance of this information collection. You are asked to comment on
any aspects of this information collection, including (a) whether the
proposed collection of information is necessary for the proper
performance of the functions of the Department, including whether the
information will have practical utility; (b) the accuracy of the
Department's estimate of the burden of the proposed information
collection; (c) ways to enhance the quality, utility and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, including the use of
automated collection techniques or other forms of information
technology.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29A.

Chou Lin Chen,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. 2022-21037 Filed 9-27-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: June 14, 2006 (Volume 71, Number 114)]
[Notices]
[Page 34336]
[DOCID:fr14jn06-70]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-384-000]

Guardian Pipeline, L.L.C.; Notice of Proposed Changes in FERC Gas
Tariff

June 7, 2006.
    Take notice that on June 2, 2006, Guardian Pipeline, L.L.C.
(Guardian) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, the following tariff sheets proposed to become effective
July 5, 2006:

Fifth Revised Sheet No. 105
First Revised Sheet No. 376
Fifth Revised Sheet No. 396

    Guardian states that the purpose of this filing is to update
Guardian's tariff to reflect a change in the name of the operator of
Guardian from Northern Plains Natural Gas Company, LLC to ONEOK
Partners GP, L.L.C. Guardian also is proposing a minor housekeeping
change to Exhibit A to the Rate Schedule PAL Service Agreement.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9297 Filed 6-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6637-6638]
[DOCID:fr10fe09-80]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-E-0107]

Determination of Regulatory Review Period for Purposes of Patent
Extension; MIRCERA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for MIRCERA and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Director of Patents
and Trademarks, Department of Commerce, for the extension of a patent
which claims that human biological product.

ADDRESSES: Submit written or electronic comments and petitions to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic
comments to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, rm. 6222, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Public Law 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human biological products, the
testing phase begins when the exemption to permit the clinical
investigations of the biological becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human biological product and
continues until FDA grants permission to market the biological product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human biological product will include all of the testing
phase and

approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA recently approved for marketing the human biologic product
MIRCERA (methoxy polyethylene glycol-epoetin beta). MIRCERA is
indicated for the treatment of anemia associated with chronic renal
failure, including patients on dialysis and patients not on dialysis.
Subsequent to this approval, the Patent and Trademark Office received a
patent term restoration application for MIRCERA (U.S. Patent No.
6,583,272) from Hoffmann-La Roche Inc., and the Patent and Trademark
Office requested FDA's assistance in determining this patent's
eligibility for patent term restoration. In a letter dated April 22,
2008, FDA advised the Patent and Trademark Office that this human
biological product had undergone a regulatory review period and that
the approval of MIRCERA represented the first permitted commercial
marketing or use of the product. Shortly thereafter, the Patent and
Trademark Office requested that FDA determine the product's regulatory
review period.
    FDA has determined that the applicable regulatory review period for
MIRCERA is 2,140 days. Of this time, 1,565 days occurred during the
testing phase of the regulatory review period, while 575 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) became effective: January 6,
2002. The applicant claims January 3, 2002, as the date the
investigational new drug application (IND) became effective. However,
FDA records indicate that the IND effective date was January 6, 2002,
which was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to
the human biological product under section 351 of the Public Health
Service Act (42 U.S.C. 262): April 19, 2006. The applicant claims April
18, 2006, as the date the biologics license application (BLA) for
MIRCERA (BLA B125164/0) was initially submitted. However, FDA records
indicate that BLA B125164/0 was submitted on April 19, 2006.
    3. The date the application was approved: November 14, 2007. FDA
has verified the applicant's claim that BLA B125164/0 was approved on
November 14, 2007.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 5 years of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) written or electronic comments and ask for a redetermination
by April 13, 2009. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by August 10,
2009. To meet its burden, the petition must contain sufficient facts to
merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d
sess., pp. 41-42, 1984.) Petitions should be in the format specified in
21 CFR 10.30.
    Comments and petitions should be submitted to the Division of
Dockets Management. Three copies of any mailed information are to be
submitted, except that individuals may submit one copy. Comments are to
be identified with the docket number found in brackets in the heading
of this document. Comments and petitions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 2, 2009.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. E9-2812 Filed 2-9-09; 8:45 am]

BILLING CODE 4160-01-S


TABLE 2: Annual Agency Burden and Cost NESHAP for Portland Cement ( 40 CFR Part 63, Subpart LLL)

REPORTING/ RECORDKEEPING REQUIREMENT EPA Hours/ Occu rence ( A) Occurences/

Plant/ Year ( B) EPA Hours/

Year ( C= A* B)

( C) Plants/

Year ( D) Technical Person Hours ( E= CxD) Managerial Person Hours ( Ex0.05) Clerical Person Hours ( Ex0.10) Total Costs/ Year ( F)

INITIAL PERFORMANCE TESTS New or Modified Facility 5 1 5 0 0 0 0 $ 0.00 Repeat of Performance Tests 5 0.1 0.5 0 0 0 0 $ 0.00 PERIODIC PERFORMANCE TESTS Existing Facility 5 1 5 64.2 321.0 16.1 32.1 $ 14,965.34 Repeat of Performance Tests 5 0.1 0.5 6.4 3.2 0.2 0.3 $ 149.65 REPORT REVIEW Notification of Applicability 2 1 2 0 0 0 0 $ 0.00 Notification of Construction/ Reconstruction 2 1 2 0 0 0 0 $ 0.00 Notification of Actual Startup 2 1 2 0 0 0 0 $ 0.00 Request for Extension of Compliance 2 1 2 0 0 0 0 $ 0.00 Notification of Special Compliance Requirements 2 1 2 0 0 0 0 $ 0.00 Notification of Performance Test 2 1.1 2.2 64.2 141.2 7.1 14.1 $ 6,584.75 Notification of Opacity and Visible Emission Observation 2 1 2 64.2 128.4 6.4 12.8 $ 5,986.14 Notification of the Continuous Emission Monitor Performance Evaluation 2 1 2 0 0 0 0 $ 0.00 Notification of Compliance Status 2 1 2 0 0 0 0 $ 0.00 Notification of Adjustments to Time Periods or Postmark Deadlines for Submittal and Review of Required Communications 2 1 2 0 0 0 0 $ 0.00 Notification of Change in Information Already Required 2 1 2 0 0 0 0 $ 0.00 Review Operations and Maintenance Plan 40 1 40 0 0 0 0 $ 0.00 Review Report of Initial Performance Test 5 1.1 5.5 0 0 0 0 $ 0.00 Review Report of Periodic Performance Test 5 1.1 5.5 64.2 353.1 17.7 35.3 $ 16,461.88 Review Opacity and Visual Emission Observation Report  Included in Review of Performance Test Report

REPORTING/ RECORDKEEPING REQUIREMENT EPA Hours/ Occu rence ( A) Occurences/

Plant/ Year ( B) EPA Hours/

Year ( C= A* B)

( C) Plants/

Year ( D) Technical Person Hours ( E= CxD) Managerial Person Hours ( Ex0.05) Clerical Person Hours ( Ex0.10) Total Costs/ Year ( F)

Review Reporting Results of Continuous Monitoring System Performance Report and Summary Report  Included in Review of Performance Test Report

Review Progress Reports  Included in Review of Performance Test Report

Review Excess Emission Report and Continuous Monitoring System Performance Report and Summary Report 20 2 40 107 4280 214 428 $ 199,537.88 Review Periodic Startup,

Shutdown, Malfunction Report  Included in Excess Emission Report

Review Immediate Startup,

Shutdown, Malfunction Report 8 1 8 5 40 2 4 $ 1,864.84 Review Request for Waiver of Reporting and Recordkeeping 2 1 2 0 0 0 0 0 TOTAL ANNUAL BURDEN 5,267 263.3 526.7 $ 245,550 6,057 Assumptions Number of affected facilities 107 Time required to review notifications ( hours) 2 Time required to oversee performance test ( hours) 5 Time required to review performance test report ( hours) 5 Rate of failed performance tests ( Repeat) 10%

Periodic performance tests ( every five years and every 30 months) =

60% 64.2 Estimated number of performance tests per facility 10 Operations and Maintenance Plan ( hours) 40 Time required to review Excess Emission Reports, Continuous Monitoring Reports, and Summary Reports ( hours) 20 Estimated number of immediate startup/ shutdown/ malfunction reports submitted to EPA ( per 5 Time required to review the immediate startup/ shutdown/ malfunction 8 Time required to review existing plant emission reports ( hours) 4 EPA Managerial Labor rate $ 56.02 EPA Technical Labor rate $ 41.57 EPA Clerical Labor rate $ 22.50