[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3497-3499]
[FR Doc No: 2019-01940]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0046]

QPS Evaluation Services, Inc.: Applications for Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of QPS
Evaluation Services, Inc., for expansion of its scope of recognition as
a Nationally Recognized Testing Laboratory (NRTL) and presents the
agency's preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before February 27, 2019.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2010-0046, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-3653,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-2:30 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2010-0046). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before February 27, 2019 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that QPS Evaluation Services, Inc., (QPS) is applying for
expansion of its current recognition as a NRTL. QPS requests the
addition of two test standards to its NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes an application by a NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including QPS, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at: https://www.osha.gov/dts/otpca/nrtl/qps.html.
    QPS currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters located at:
QPS Evaluation Services, Inc. 81 Kelfield Street, Unit 8 Toronto,
Ontario M9W 5A3 Canada. A complete list of QPS sites recognized by OSHA
is available at https://www.osha.gov/dts/otpca/nrtl/qps.html.

II. General Background on the Application

    QPS submitted two applications, one dated January 16, 2017 (OSHA-
2010-0046-0010), and another date June 23, 2017 (OSHA-2010-0046-0011),
to expand its recognition to include two additional test standards.
OSHA staff performed detailed analyses of the application packets and
other pertinent information. OSHA did not perform any on-site reviews
in relation to these applications.
    Table 1, below, lists the appropriate test standards found in QPS's
application for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     QPS's NRTL Scope of Recognition
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           Test standard                     Test standard title
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UL 471............................  Standard for Commercial
                                     Refrigerators and Freezers.
UL 62368-1........................  Standard for Audio/Video Information
                                     and Communication Technology
                                     Equipment--Part 1 Safety
                                     Requirements.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    QPS submitted acceptable applications for expansion of its scope of
recognition. OSHA's review of the application files and related
material indicate that QPS can meet the requirements prescribed by 29
CFR 1910.7 for expanding its recognition to include the addition of
these two test standards for NRTL testing and certification listed
above. This preliminary finding does not constitute an interim or
temporary approval of QPS's applications.
    OSHA welcomes public comment as to whether QPS meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified. To obtain or review copies
of the exhibits identified in this notice, as well as comments
submitted to the docket, contact the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor, listed in
``ADDRESSES.'' These materials also are available online at https://www.regulations.gov under Docket No. OSHA-2010-0046.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, make a recommendation to the Assistant Secretary for
Occupational Safety and Health on whether to grant QPS's applications
for expansion of its scope of recognition. The Assistant Secretary will
make the final decision on granting the applications. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on February 5, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-01940 Filed 2-11-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Proposed Rules]
[Pages 1341-1343]
[FR Doc No: 2023-00245]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0294; FRL-9831-01-R5]

Air Plan Approval; Illinois; VOC RACT Requirements for Aerospace
Manufacturing and Rework Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) rule revisions submitted by the
Illinois Environmental Protection Agency (IEPA or Illinois) on April
13, 2021, and supplemented by a Clean Air Act (CAA) section 110(l)
demonstration submitted on October 6, 2022. Illinois requests that EPA
approve rule revisions related to control of volatile organic compound
(VOC) emissions from aerospace manufacturing and rework facilities into
Illinois' SIP. These rule revisions are approvable because they are
consistent with the Control Techniques Guidelines (CTG) for Aerospace
Manufacturing and Rework Operations published by EPA in 1997, and
satisfy the moderate VOC reasonably available control technology (RACT)
requirements of CAA section 182(b)(2) for aerospace facilities in the
Illinois portion of the St. Louis nonattainment area (Metro-East area)
under the 2015 ozone National Ambient Air Quality Standard (NAAQS or
standard). The Metro-East area consists of Madison, Monroe, and St.
Clair counties in Illinois.

DATES: Comments must be received on or before February 9, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0294 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen Mullen, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected]. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is EPA proposing?

    EPA is proposing to approve rule revisions to title 35 of the
Illinois Administrative Code (Ill. Adm. Code) part 211 (Definitions and
General Provisions) and part 219 (Organic Material Emission Standards
and Limitations for the Metro-East Area). These rule revisions
implement the control of VOC emissions from aerospace manufacturing and
rework operations and satisfy the moderate VOC RACT requirements of CAA
section 182(b)(2) for aerospace facilities in the Metro-East Area under
the 2015 ozone standard.

II. What is the background for these actions?

    VOCs contribute to the production of ground-level ozone, or smog,
which harms human health and the environment. CAA sections 172(c)(1)
and 182(b)(2) require states to implement RACT in ozone nonattainment
areas classified as moderate (and higher). Specifically, these areas
are required to implement RACT for all major VOC sources and for all
sources covered by a CTG. A CTG is a document issued by EPA which
establishes a ``presumptive norm'' for RACT for a specific VOC source
category. States must submit rules to implement RACT or negative
declarations when no such sources exist for CTG source categories.

    In December 1997, EPA published a CTG titled ``Control of Volatile
Organic Compound Emissions from Coating Operations at Aerospace
Manufacturing and Rework Operations.'' \1\ Illinois did not adopt VOC
RACT rules for aerospace facilities at the time because there were no
sources that would have been subject to the aerospace CTG requirements.
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    \1\ EPA-453/R-97-004, available at https://www3.epa.gov/airquality/ctg_act/199712_voc_epa453_r-97-004_aerospace_rework.pdf.
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    EPA also promulgated a National Emission Standard for Hazardous Air
Pollutants (NESHAP) applicable to aerospace manufacturing and rework
facilities on September 1, 1995 (60 FR 45948). The NESHAP is codified
at 40 CFR part 63, subpart GG. EPA subsequently amended the NESHAP on
December 7, 2015 (80 FR 76152) to incorporate rule revisions to the
emission standards for specialty coatings, allow for annual purchase
records of certain coatings, exempt two additional application methods,
and update definitions.
    According to the IEPA submittal, an aerospace facility located in
the Metro-East area had indicated that it intended to expand its
operations by early 2021. Because Illinois has previously not adopted
VOC RACT rules specifically for aerospace facilities, the source would
potentially be subject to more general Ill. Adm. Code Section 219.204
regulations for miscellaneous metal parts and products coatings.
    On June 4, 2018, EPA designated and classified Madison and St.
Clair Counties in Illinois as a marginal nonattainment area for the
2015 ozone NAAQS (83 FR 25776) as part of the Metro-East 2015 ozone
nonattainment area. In response to the Clean Wisconsin v. EPA court
decision,\2\ EPA revised its designation of Monroe County in Illinois
to be included in the Metro-East nonattainment area on June 14, 2021
(86 FR 31438). On October 7, 2022, EPA finalized its determination of
failure to timely attain and reclassification of Madison, Monroe, and
St. Clair Counties in Illinois, as part of the Metro-East area, to
moderate nonattainment under the 2015 ozone standard (87 FR 21842).
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    \2\ Clean Wisconsin v. EPA, 964 F.3d 1145 (D.C. Cir. 2020).
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    Pursuant to CAA section 182(b)(2), the Metro-East area is subject
to VOC RACT requirements since it is classified as moderate
nonattainment under the 2015 ozone NAAQS. Section 182(b)(2) requires
states with moderate nonattainment areas to implement VOC RACT with
respect to each of the following: (1) all sources covered by a Control
Technology Guideline (CTG) document issued between November 15, 1990,
and the date of attainment; (2) all sources covered by a CTG issued
prior to November 15, 1990; and (3) all other major non-CTG stationary
sources.
    These proposed regulations will ensure that the CTG recommended VOC
RACT level of control is in place for aerospace facilities located in
the Metro-East area and satisfy the VOC RACT requirements of the CAA
for aerospace facilities in the Metro-East area.

III. What is EPA's analysis of Illinois' SIP rule revisions?

    The proposed amendments to 35 Ill. Adm. Code 211 and 35 Ill. Adm.
Code 219 establish definitions, VOC content limitations, work practice
standards, recordkeeping, and reporting requirements for applicable
aerospace facilities located in the Metro-East Area.
    IEPA has determined that three sources in the Metro-East Area would
potentially be affected by the proposed aerospace regulations. Two of
these sources are currently subject to general rules for miscellaneous
metal parts and products coatings, plastic parts and products coatings
and pleasure craft coatings found in 35 Ill. Adm. Code part 219.
However, aircraft exterior coatings account for the great majority of
volume of aerospace coatings used and VOC emissions from these
potentially affected sources, and those coatings are currently exempt
from the miscellaneous metal parts and products limits. Upon adoption
of these proposed aerospace regulations, these exterior coatings will
be subject to the primer and topcoat limits in the proposed 35 Ill.
Adm. Code 219.204(r)(1). The third source plans to expand its aerospace
facility, such that it will be subject to the proposed aerospace
regulations.
    On October 6, 2022, Illinois submitted a letter clarifying its
110(l) demonstration to EPA. Under CAA section 110(l), EPA cannot
approve a plan revision ``if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 7501 of [title 42]), or any other
applicable requirement of this chapter.'' In the absence of an
aerospace coating rule, some coating operations at aerospace facilities
in the Metro-East area were subject to requirements of other coating
rules in 35 Ill. Adm. Code 219. The VOC content limits of these rules
differ for particular coating types from the limits in the proposed
regulations. However, aircraft exterior coatings account for the great
majority of aerospace coatings used at the potentially affected sources
in Illinois, both in volume of coating used and VOC emissions, and
those coatings are currently exempt from regulation in Illinois'
approved SIP. Incorporating the Illinois aerospace coating rule
revisions into the Illinois SIP will result in an overall reduction in
VOC emissions from the three affected sources in Illinois. Also, the
proposed rule revisions will not result in an increase in emissions of
any other pollutant at these existing sources in Illinois. Finally, the
proposed rule revisions will not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the CAA. We propose to find that
IEPA's rule revisions to the Illinois SIP to regulate aerospace
coatings satisfies the requirements of CAA section 110(l).
    The proposed amendments are approvable because they are consistent
with the Aerospace CTG and satisfy the VOC RACT requirements of the
CAA. A brief discussion of these rule revisions follows.

35 Ill. Adm. Code 211

    Rule revisions to this section primarily consist of new definitions
that are needed to support the proposed regulations. These new
definitions include the following sections: 211.125, 211.234, 211.245,
211.271, 211.272, 211.273, 211.275, 211.277, 211.278, 211.280, 211.284,
211.289, 211.300, 211.303, 211.491, 211.500, 211.520, 211.712, 211.737,
211.975, 211.985, 211.1095,211.1326, 211.1327, 211.1329, 211.1432,
211.1555, 211.1567, 211.1620, 211.1625, 211.1735, 211.1820, 211.1895,
211.1915, 211.2035, 211.2180, 211.2340, 211.2400, 211.2412, 211.2480,
211.2485, 211.2612, 211.2613, 211.2795, 211.2980, 211.3160, 211.3180,
211.3230, 211.3360, 211.3755, 211.3850, 211.3870, 211.3920, 211.4066,
211.4215, 211.4535, 211.5072, 211.5336, 211.5338, 211.5339, 211.5585,
211.5675, 211.5680, 211.5805, 211.5855, 211.5883, 211.5887, 211.5895,
211.5900, 211.5905, 211.5907, 211.6013, 211.6055, 211.6064, 211.6133,
211.6137, 211.6426, 211.6428, 211.6575, 211.6583, 211.6670, 211.6685,
211.6720, 211.7260, 211.7275. These definitions are consistent with the
Aerospace CTG and Aerospace NESHAP.

35 Ill. Adm. Code 219

    These regulations apply to aerospace coatings and cleaning
activities at aerospace facilities located in the Metro-East
nonattainment area for the 2015 ozone standard that have the potential
to emit 25 tons of VOC or more per year. The regulations below are
consistent with, and in some instances more

stringent than, the aerospace CTG and aerospace NESHAP.
Section 219.105 Test Methods and Procedures
     Paragraph J contains requirements for cleaning solvents
used at aerospace facilities.
Section 219.106 Compliance Dates
     Paragraph F establishes compliance date requirements for
aerospace facilities.
Section 219.110 Vapor Pressure of Organic Material or Solvent
     Paragraph D contains an equation for calculating the
composite vapor pressure of a cleaning solvent used at aerospace
facilities.
Section 219.204 Emission Limitations
     Paragraph R contains VOC content limitations for primers,
topcoats, chemical milling maskants, and specialty coatings at
aerospace facilities.
Section 219.205 Daily Weighted Average Limitations
     Paragraph K specifies daily weighted average VOC content
requirements for coatings at aerospace facilities.
Section 219.207 Alternative Emission Limitations
     Paragraph N establishes the capture system and control
device requirements including at least a 90 percent reduction in VOC
emissions from aerospace coating operations. This 90 percent reduction
in VOC emissions is more stringent than the 81 percent reduction
required in the Aerospace CTG.
Section 219.208 Exemptions From Emission Limitations
     Paragraph F contains applicability criteria and exemptions
for aerospace coatings and cleaning operations.
Section 219.211 Recordkeeping and Reporting
     Paragraph J contains recordkeeping and reporting
requirements for aerospace coatings and cleaning solvents.
     Paragraph K contains the recordkeeping and reporting
requirements for exempt aerospace facilities.
Section 219.219 Work Practice Standards for Aerospace Facilities
     Paragraph D specifies activities involving cleaning of
aerospace components and vehicles which are not subject to the
aerospace work practice standards.
     Paragraph E lists work practice standards for aerospace
facilities including proper application methods, storage, mixing, and
conveying of aerospace coatings and cleaning solvents.
     Paragraph F contains certain situations which are not
subject to the coating application method limitations.
     Paragraph G contains requirements for various types of
cleaning activities and cleaning operation exemptions at aerospace
facilities.

IV. What action is EPA taking?

    EPA is proposing to approve into the Illinois SIP rule revisions to
rules relating to the control of VOC emissions from aerospace
manufacturing and rework operations (35 Ill. Admin. Code part 211 and
35 Ill. Admin. Code part 219) submitted on April 13, 2021, which
Illinois supplemented with a 110(l) demonstration on October 6, 2022.
These rule revisions satisfy the moderate VOC RACT requirements of
section 182(b)(2) of the CAA for aerospace facilities located in the
Metro-East Area under the 2015 ozone standard. EPA is soliciting public
comment on the issues discussed in this document. These comments will
be considered before taking final action.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Illinois rules 35 Ill. Admin. Code part 211 and 35 Ill.
Admin. Code part 219, effective March 4, 2021, discussed in section
III. of this preamble. EPA has made, and will continue to make, these
documents generally available through www.regulations.gov and at the
EPA Region 5 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

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

    Dated: January 4, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-00245 Filed 1-9-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Page 21696]
[FR Doc No: 2017-09408]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0308]

Security Zone; Portland Rose Festival on Willamette River

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the security zone for the
Portland Rose Festival on the Willamette River in Portland, OR, from 8
a.m. on June 7, 2017 through noon on June 12, 2017. This action is
necessary to ensure the security of vessels participating in the 2017
Portland Rose Festival on the Willamette River during the event. Our
regulation for the Security Zone Portland Rose Festival on the
Willamette River identifies the regulated area. During the enforcement
period, no person or vessel may enter or remain in the security zone
without permission from the Sector Columbia River Captain of the Port.

DATES: The regulations in 33 CFR 165.1312 will be enforced from 8 a.m.
on June 7, 2017, through noon on June 12, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LCDR Laura Springer, Waterways
Management Division, MSU Portland, Oregon, Coast Guard; telephone 503-
240-9319, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zone for the Portland Rose Festival detailed in 33 CFR 165.1312 from 8
a.m. on June 7, 2017, through noon on June 12, 2017. This action is
necessary to ensure the security of vessels participating in the 2017
Portland Rose Festival on the Willamette River during the event. Under
the provisions of 33 CFR 165.1312 and subpart D of part 165, no person
or vessel may enter or remain in the security zone, consisting of all
waters of the Willamette River, from surface to bottom, encompassed by
the Hawthorne and Steel Bridges, without permission from the Sector
Columbia River Captain of the Port. Persons or vessels wishing to enter
the security zone may request permission to do so from the on-scene
Captain of the Port representative via VHF Channel 16 or 13. The Coast
Guard may be assisted by other Federal, State, or local enforcement
agencies in enforcing this regulation.
    This notice of enforcement is issued under authority 33 CFR
165.1312 and 5 U.S.C. 552 (a). In addition to this notice of
enforcement in the Federal Register, the Coast Guard plans to provide
notification of this enforcement period via the Local Notice to
Mariners and marine information broadcasts.

    Dated: May 4, 2017.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2017-09408 Filed 5-9-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61687-61688]
[FR Doc No: 2014-24287]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0111]

Hours of Service of Drivers: Application for Renewal of
Illumination Fireworks, LLC and ACE Pyro LLC Exemptions From the 14-
Hour Rule During Independence Day Celebrations

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

ACTION: Notice of applications for renewal of exemption; request for
comments.

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SUMMARY: FMCSA announces that it has received an application from
Illumination Fireworks, LLC and ACE Pyro, LLC (applicants) for a
renewal of their exemption from the requirement that drivers of
commercial motor vehicles (CMVs) must not drive following the 14th hour
after coming on duty. The applicants were granted an exemption
previously for drivers of 50 CMVs during the Independence Day period of
June 28, 2014-July 8, 2014. The exemption would apply solely to the
operation of drivers of 50 CMVs employed by the applicants in
conjunction with staging fireworks shows celebrating Independence Day
during the period of June 28-July 8, 2015. During this period, the CMV
drivers employed by the applicants would be allowed to exclude off-duty
and sleeper-berth time of any length from the calculation of the 14
hours. These drivers would not be allowed to drive after accumulating a
total of 14 hours of on-duty time, following 10 consecutive hours off
duty, and would continue to be subject to the 11-hour driving time
limit, and the 60- and 70-hour on-duty limits. The applicants maintain
that the terms and conditions of the limited exemption would ensure a
level of safety equivalent to or greater than the level of safety
achieved without the exemption.

DATES: If granted, this exemption would be effective during the period
of June 28, 2015, through July 8, 2015. The exemption would expire on
July 8, 2015, at 11:59 p.m. Comments must be received on or before
November 13, 2014.

DATES: Comments must be received on or before November 13, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2014-0111 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line 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., Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The online Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: For information concerning this notice
contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations
Division; Office of Carrier, Driver and Vehicle Safety Standards;
Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, contact Docket Services,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Application for Exemptions

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a
property-carrying CMV driver from driving a CMV after the 14th hour
after coming on duty following 10 consecutive hours off duty. The
applicants represent two fireworks display companies that were granted
exemptions previously during the Independence Day period of June 28-
July 8, 2014. The applicants' initial exemption application for relief
from the 14-hour rule was submitted in 2014; a copy of the application
is in the docket identified at the beginning of this notice. That 2014
application describes fully the nature of the operations of the CMV
drivers employed by the applicant during a typical Independence Day
period.
    As stated in the applicants' request, CMV drivers employed by the
applicant hold commercial driver's licenses (CDL) with hazardous
materials endorsements to transport Division 1.3G and 1.4G fireworks in
conjunction with the setup of firework shows for Independence Day. The
applicants state that they seek HOS exemptions for the 2015
Independence Day period because compliance with the 14-hour rule would
impose economic hardship on cities, municipalities, and themselves.
Complying with the existing regulation means that most shows would
require two drivers, significantly increasing the cost of the fireworks
display.

    The applicants assert that without the extra duty-period provided
by the exemption, safety would decline as firework drivers would be
unable to return to their home base following each show should they
have fireworks remaining after the display. They would be forced to
park the CMVs carrying Division 1.3G and 1.4G products in areas less
secure than the motor carrier's home base.

Method To Ensure an Equivalent or Greater Level of Safety

    As a condition for maintaining the exemption, each motor carrier
would be required to notify FMCSA within 5 business days of any crash
(as defined in 49 CFR 390.5) involving the operation of any CMVs under
this exemption. The applicants advise they have never been involved in
a crash.
    In the exemption request, the applicants assert that the
operational demands of this unique industry minimize the risks of CMV
crashes. In the last few days before the Independence Day holiday,
these drivers transport fireworks over relatively short routes from
distribution points to the site of the fireworks display and normally
do so in the early morning when traffic is light. The applicants noted
that during the 2014 Independence Day season, the farthest Illumination
Fireworks traveled from its home base was 150 miles. At the site, they
spend considerable time installing, wiring, and checking the safety of
fireworks displays, followed by several hours of duty in the late
afternoon and early evening prior to the event. Before beginning
another duty day, these drivers must take 10 consecutive hours off
duty, the same as other CMV drivers.

Terms and Conditions of the Exemption

Period of the Exemption

    The requested exemption from the requirements of 49 CFR 395.3(a)(2)
are proposed to be effective during the period of June 28 through July
8, 2015, inclusive. The exemption would expire on July 8, 2015, at
11:59 p.m. local time.

Extent of the Exemption

    The exemption would be restricted to the 50 drivers employed by the
applicants. The drivers would be given a limited exemption from the
requirements of 49 CFR 395.3(a)(2). This regulation prohibits a driver
from driving a CMV after the 14th hour after coming on duty and does
not permit off-duty periods to extend the 14-hour limit. Drivers
covered by the exemption may exclude off-duty and sleeper-berth time of
any length from the calculation of the 14-hour limit. The exemption
would be contingent on each driver driving no more than 11 hours in the
14-hour period after coming on duty as extended by any off-duty or
sleeper-berth time in accordance with this exemption. The exemption
would be further contingent on each driver having a minimum of 10
consecutive hours off duty prior to beginning a new duty period. The
carriers and drivers must comply with all other applicable requirements
of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399)
and Hazardous Materials Regulations (49 CFR parts 105-180).

Other Conditions

    The exemption would be contingent upon each carrier maintaining
USDOT registration, a Hazardous Materials Safety Permit (if required),
minimum levels of public liability insurance, and not being subject to
any ``imminent hazard'' or other out-of-service (OOS) order issued by
FMCSA. Each driver covered by the exemption must maintain a valid CDL
with the required endorsements, not be subject to any OOS order or
suspension of driving privileges, and meet all physical qualifications
required by 49 CFR part 391.

Preemption

    During the periods the exemption would be in effect, no State may
enforce any law or regulation that conflicts with or is inconsistent
with the exemption with respect to a person or entity operating under
the exemption (49 U.S.C. 31315(d)).

FMCSA Accident Notification

    Exempt motor carriers would be required to notify FMCSA within 5
business days of any accident (as defined by 49 CFR 390.5) involving
the operation of any of its CMVs while under this exemption. The
notification must include the following information:
     Date of the accident,
     City or town, and State, in which the accident occurred,
or which is closest to the scene of the accident,
     Driver's name and driver's license number;
     Vehicle number and State license number;
     Number of individuals suffering physical injury;
     Number of fatalities;
     The police-reported cause of the accident;
     Whether the driver was cited for violation of any traffic
laws, or motor carrier safety regulations; and
     The total driving time and the total on-duty time of the
CMV driver at the time of the accident.

Accidents must be reported via email to<EMAIL_ADDRESS>
Termination

    FMCSA does not believe the two motor carriers and 50 drivers
covered by the exemption will experience any deterioration of their
safety record. However, should this occur, FMCSA will take all steps
necessary to protect the public interest, including revocation of the
exemption. The FMCSA will immediately revoke the exemption for failure
to comply with its terms and conditions.

    Issued on: October 1, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-24287 Filed 10-10-14; 8:45 am]
BILLING CODE 4910-EX-P