[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Proposed Rules]
[Pages 3450-3452]
[FR Doc No: 2018-01275]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0993]
RIN 1625-AA00

Special Local Regulation: Fort Lauderdale Air Show; Atlantic
Ocean, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a recurring special
local regulation for navigable waters of the Atlantic Ocean, east of
Fort Lauderdale, Florida beginning at the Port Everglades Inlet. This
action is necessary to ensure the safety of the general public,
spectators, vessels, and the marine environment from potential hazards
during aerobatic maneuvers conducted by high-speed, low-flying
airplanes and any high speed vessels performing inside of the regulated
area during the Fort Lauderdale Air Show. This proposed rulemaking
would prohibit persons and non-participant vessels from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Miami or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before February 26, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0993 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Mara J. Brown, Sector
Miami Waterways Management Division, U.S. Coast Guard; telephone 305-
535-4317, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    The City of Fort Lauderdale notified the Coast Guard that it will
be hosting the Fort Lauderdale Air Show annually on one weekend
(Saturday and Sunday) during the month of May. The regulated area would
cover all navigable waters of the Atlantic Ocean, east of Fort
Lauderdale, Florida beginning at the Port Everglades Inlet and
continues north for approximately six miles. The regulated area is
intended to protect personnel, vessels, and the marine environment from
potential hazards during aerobatic maneuvers by high speed, low flying
airplanes and high speed vessels during the air show. Over the years,
there have been unfortunate instances of aircraft mishaps during
performances at various air shows around the world. Occasionally, these
incidents result in a wide area of scattered debris in the water that
can damage property or cause significant injury or death to the public
observing the air shows. The Captain of the Port Miami has determined
that a special local regulation is necessary to protect the general
public from hazards associated with aerial flight demonstrations.
    The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231.

III. Discussion of Proposed Rule

    This rule establishes a special local regulation on the waters of
the Atlantic Ocean, east of Fort Lauderdale, Florida beginning at the
Port Everglades Inlet and continuing north for approximately six miles.
The duration of the regulated area is intended to ensure the safety of
the public during the aerial flight demonstrations and high speed boat
races. Non participant vessels are not permitted to enter, transit
through, anchor in, or remain within the regulated area without
obtaining permission from the Captain of the Port Miami or a designated
representative. The Coast Guard will provide notice of the regulated
area by Broadcast Notice to Mariners and on-scene designated
representatives. The regulatory text we are proposing appears at the
end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic would be able to safely transit around this special
local regulation which would impact a small designated area of the
Atlantic Ocean. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that do not individually, or cumulatively
have a significant effect on the human environment. This proposed rule
involves a regulated area that would prohibit persons and vessels from
transiting the regulated area during the air and sea show. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination will be available once we receive public comment for
this rule and will be located in the docket indicated under ADDRESSES.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION

CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.726 to read as follows:

Sec.  [thinsp]100.726   Special Local Regulation; Fort Lauderdale Air
Show; Atlantic Ocean, Fort Lauderdale, FL.

    (a) Regulated area. The following area is a regulated area located
on the Atlantic Ocean in Fort Lauderdale, FL. All waters of the
Atlantic Ocean encompassed within an imaginary line connecting the
following points: Starting at Point 1 in position 26[deg]11'01'' N,
080[deg]05'42'' W; thence due east to Point 2 in position
26[deg]11'01'' N, 080[deg]05'00'' W; thence south west to Point 3 in
position 26[deg]05'42'' N, 080[deg]05'35'' W; thence west to Point 4 in
position 26[deg]05'42'' N, 080[deg]06'17'' W; thence following the
shoreline north back to the point of origin. These coordinates are
based on North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations.
    (1) All non participant vessels or persons are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Miami or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Miami by telephone at<PHONE_NUMBER>, or a designated
representative via VHF-FM radio on channel 16 to request authorization.
If authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative.
    (d) Enforcement period. This rule will be enforced annually on one
weekend (Saturday and Sunday) during the month of May. The exact dates
and times will be published annually in the Federal Register through a
Notice of Enforcement. Also, the Coast Guard may use Broadcast Notice
to Mariners via VHF-FM channel 16 or on-scene oral notice to notify the
public of the exact dates and time of enforcement.

    Dated: January 4, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-01275 Filed 1-24-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58081-58084]
[FR Doc No: 2012-23136]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2011-011; FRL-9729-4]
RIN-2060-AQ84

Protection of Stratospheric Ozone: Listing of Substitutes for
Ozone-Depleting Substances--Fire Suppression and Explosion Protection

AGENCY: Environmental Protection Agency.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
list three substitutes for ozone-depleting substances in the fire
suppression and explosion protection sector as acceptable subject to
use restrictions under the EPA's Significant New Alternatives Policy
(SNAP) program. This program implements section 612 of the Clean Air
Act, as amended in 1990, which requires EPA to evaluate substitutes for
ozone-depleting substances and find them acceptable where they pose
comparable or lower overall risk to human health and the environment
than other available substitutes. In the ``Rules and Regulations''
section of this Federal Register, we are listing three fire suppression
substitutes as acceptable subject to use restrictions as a direct final
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule; in such case,
the final rule will become effective as provided in the accompanying
direct final rule.

DATES: Comments must be received in writing or a request for a public
hearing must be made as provided below by October 19, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0111, by mail to the following: ``OAR Docket and Information
Center, Environmental Protection Agency, Mailcode 6102T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.'' Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register. To expedite
review, a second copy of the comments should be sent to Bella Maranion
at the address listed below under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Bella Maranion, Stratospheric
Protection Division, Office of Atmospheric Programs (6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 343-2363; email address<EMAIL_ADDRESS>The published
versions of notices and rulemakings under the SNAP program are
available on EPA's Stratospheric Ozone Web site at http://www.epa.gov/ozone/snap/regs.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to list under SNAP certain substitutes for
ozone-depleting substances for use in fire suppression applications. We
have published a direct final rule listing three substitutes for ozone-
depleting halons used in the fire suppression and explosion protection
sector as acceptable subject to use restrictions in the ``Rules and
Regulations'' section of this Federal Register because we view this as
a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.

II. Does this action apply to me?

    This proposed rule would regulate the use of Powdered Aerosol F
(KSA[supreg]) and Powdered Aerosol G (Dry Sprinkler Powdered Aerosol
(DSPA) Fixed Generators) by finding them acceptable subject to use
conditions as substitutes for halon 1301 for use in total flooding fire
suppression systems in normally unoccupied spaces. This action also
proposes to find C7 Fluoroketone acceptable subject narrowed use limits
as a substitute for halon 1211 for use as a streaming agent in portable
fire extinguishers in nonresidential

applications. Halons are chemicals that were once widely used in the
fire protection sector but have been banned from production in the U.S.
since 1994 because their emissions into the atmosphere are highly
destructive to the stratospheric ozone layer. This action will provide
users that need specialized fire protection applications with more
options for alternatives to the use of halons. Businesses that may be
regulated, either through manufacturing, distribution, installation and
servicing, or use of the fire suppression equipment containing the
substitutes are listed in the table below:

  Table 1--Potentially Regulated Entities, by North American Industrial
                   Classification System (NAICS) Code
------------------------------------------------------------------------
                                                Description of regulated
             Category               NAICS Code          entities
------------------------------------------------------------------------
Construction.....................       238210  Alarm system (e.g.,
                                                 fire, burglar),
                                                 electric, installation
                                                 only.
Manufacturing....................       325998  Fire extinguisher
                                                 chemical preparations
                                                 manufacturing.
Manufacturing....................       332919  Nozzles, fire fighting,
                                                 manufacturing.
Manufacturing....................       334290  Fire detection and alarm
                                                 systems manufacturing.
Manufacturing....................       336611  Shipbuilding and
                                                 repairing.
Manufacturing....................       339999  Fire extinguishers,
                                                 portable,
                                                 manufacturing.
Manufacturing....................       336411  Aircraft manufacturing.
Manufacturing....................       336413  Other aircraft parts and
                                                 auxiliary equipment
                                                 manufacturing.
------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather a guide
regarding entities likely to be regulated by this action. If you have
any questions about whether this action applies to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.

III. What are the procedures for notice and comment on this rule?

    The direct final rule will be effective on December 18, 2012
without further notice unless we receive adverse comment or a request
for a public hearing by October 19, 2012. If EPA receives adverse
comment or a request for a public hearing, we will publish a timely
withdrawal in the Federal Register informing the public that all or
part of this rule will not take effect. If a public hearing is
requested, EPA will provide notice in the Federal Register as to the
location, date, and time. EPA will address all public comments in a
subsequent final rule based on this proposed rule. We will not
institute a second public comment period on this action. Any parties
interested in commenting must do so at this time.
    You may claim that information in your comments is confidential
business information, as allowed by 40 CFR part 2. If you submit
comments and include information that you claim as confidential
business information, we request that you submit them directly to Bella
Maranion in two versions: one clearly marked ``Public'' to be filed in
the public docket, and the other marked ``Confidential'' to be reviewed
by authorized government personnel only. For further information,
please see the ADDRESSES section of this document.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866

    OMB notified EPA on May 5, 2011, that it considers this action not
a ``significant regulatory action'' under the terms of Executive Order
12866 (58 FR 51735, October 4, 1993) and it is therefore not subject to
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This proposed rule is an Agency determination. It contains no new
requirements for reporting or recordkeeping. However, the Office of
Management and Budget (OMB) has previously approved the information
collection requirements contained in the existing regulations in
subpart G of 40 CFR part 82 under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
numbers 2060-0226 (EPA ICR No. 1596.08). The OMB control numbers for
EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.C.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statutes unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impact of today's rule on small
entities, small entities are defined as (1) a small business that
produces or uses fire suppressants as total flooding and/or streaming
agents with 500 or fewer employees or total annual receipts of $5
million or less; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities beyond
current industry practices. Today's action effectively supports the
introduction of new alternatives to the market for fire protection
extinguishing systems, thus providing additional options for users
making the transition away from ozone-depleting halons.
    Use of halon 1301 total flooding systems and halon 1211 as a
streaming agent have historically been in specialty fire protection
applications including essential electronics, civil aviation, military
mobile weapon systems, oil and gas and other process industries, and
merchant shipping with smaller segments of use including libraries,
museums, and laboratories. The majority of halon system and
extinguisher owners continue to maintain and refurbish existing systems
and equipment since halon supplies continue to be available in the U.S.
Owners of new facilities and purchasers of new fire suppression
equipment make up the market for the new alternative agent systems and

equipment. They may also consider employing other available fire
protection options including new, improved technology for early warning
and smoke detection. Thus, EPA is providing more options to any entity,
including small entities, by finding additional substitutes acceptable
for use. The use restrictions imposed on the substitutes in today's
rule are consistent with the applications suggested by the submitter
and with current industry practices. Therefore, we conclude that the
rule does not impose any new cost on businesses.
    Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. By
introducing new substitutes, today's rule gives additional flexibility
to small entities that are concerned with fire suppression. EPA also
has worked closely together with the NFPA, which conducts regular
outreach with small entities and involves small state, local, and
tribal governments in developing and implementing relevant fire
protection standards and codes. We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any State, local, or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. By introducing new
fire suppression substitutes, today's rule provides an additional
choice and flexibility to entities that are concerned with specialized
fire protection applications. This proposed rule will provide
additional options for fire protection subject to safety guidelines in
industry standards. These standards are typically already required by
state or local fire codes, so this action will not affect small
governments.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have
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, as
specified in Executive Order 13132. This proposed rule will provide
additional options for fire protection subject to safety guidelines in
industry standards. These standards are typically already required by
state or local fire codes, and this rule does not require state, local,
or tribal governments to change their regulations. Thus, Executive
Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, 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, as specified in
Executive Order 13175. This proposed rule will provide additional
options for fire protection subject to safety guidelines in industry
standards. These standards are typically already required by state or
local fire codes, and this rule does not require tribal governments to
change their regulations. Thus, Executive Order 13175 does not apply to
this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children. This action's health and risk assessments are
contained in section II of the associated direct final rule.
    The public is invited to submit comments or identify peer-reviewed
studies and data that assess effects of early life exposure to Powdered
Aerosol F, Powdered Aerosol G (DSPA Fixed Generators), and C7
Fluoroketone.

H. Executive Order 13211 (Energy Effects)

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. EPA defers to
existing NFPA voluntary consensus standards and Occupational Safety and
Health Administration (OSHA) regulations that relate to the safe use of
halon substitutes reviewed under SNAP. EPA refers users to the latest
edition of NFPA 2010 Standard on Aerosol Extinguishing Systems which
provides for safe use of aerosol extinguishing agents and technologies
as well as NFPA 10 Standard for Portable Fire Extinguishers. Copies of
these standards may be obtained by calling the NFPA's telephone number
for ordering publications at 1-800-344-3555. The NFPA 2010 and NFPA 10
standards meet the objectives of the rule by setting scientifically-
based guidelines for safe exposure to halocarbon and inert gas agents
and aerosol extinguishing agents as well as guidelines for portable
extinguishers, respectively. In addition, EPA has worked in
consultation with OSHA to encourage development of technical standards
to be adopted by voluntary consensus standards bodies.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.

    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. This rule would provide fire suppression substitutes
that have no ODP and low or no GWP. The avoided ODS and GWP emissions
would assist in restoring the stratospheric ozone layer, avoiding
adverse climate impacts, and result in human health and environmental
benefits.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.

    Dated: September 11, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-23136 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P


39247045 0 2.304792071 0 2.304792071 0 2.304792071 0 2.304792071 0 2.304792071 0 5.511252138 0 6.541266496 0 459.0431 0.0116 0.171608589 0 0.171608589 0 0 0 0 0 0 0 0.436269328 0 0.436269328 0 2.741861345 0 0.709592154 0 0.709592154 0 0.709592154 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 64.6067 0 0 0 0 0 0.577483061 0 18.89722322 0 3.554570541 0 0.293884102 0 57.31724411 0 15.41365894 0 52.97709674 0 14.24651366 0 48.4073001 0 15.07768364 0 1.37175866 0 1.37175866 0 45.72724712 0 7.474646163 0 7.474646163 0 14.23395804 0 14.23395804 0 14.23395804 0 605.0057 0.0152 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 47.68824957 0 24.26989405 0 21.71539525 0 11.51138342 0 20.88432854 0 20.88432854 0 12.23119834 0 12.23119834 0 61.81659715 0 61.81659715 0 61.81659715 0 61.81659715 0 61.81659715 0 21.55958488 0 60.73470178 0 0 0 0 0 0 0 398.198 0.0079 0.225282389 0 0.225282389 0 0.016589214 0 46.59548969 0 11.12305526 0 42.01044027 0 13.82832135 0 52.44434599 0 16.57491702 0 21.60029707 0 9.175 0 143.7740072 0 78.09227699 0 85.46106425 0 42.55962973 0 43.4551399 0 48.48704246 0 16.33802518 0 280.6383 0.0103 753.7805739 0.018980074 348.3604 0.0074 0 0 23.95336823 0 23.95336823 0 23.95336823 0 0 0 39.00987616 0 397.4678 0.0079 2.48416924 0 0.864134008 0 493.6696 0.0125 2225.48587 0.044422768 147.9397726 0 147.9397726 0 84.21047138 0 17.134425 0 8.525825 0 8.525825 0 8.525825 0 0 0 0 0 0 0 8.974159444 0 8.974159444 0 9.604418983 0 381.5546551 0.00961756 381.5546551 0.00961756 0.302230539 0 0.302230539 0 151.958634 0 151.958634 0 167.7135425 0 151.958634 0 151.958634 0 167.7135425 0 4.830320154 0 3.434894332 0 0.177576295 0 333.8729 0.0004 0 0 0 0 0 0 0 0 133.9267 0 45.4184 0 0.262055769 0 0.386844231 0 0 0 0 0 3.052440733 0 3.052440733 0 3.052440733 0 7.170917641 0 7.170917641 0 7.662699814 0 7.662699814 0 7.662699814 0 0.649660946 0 0.649660946 0 4.215464495 0 4.215464495 0 4.215464515 0 4.215464515 0 3.675964453 0 3.675964453 0 2.508315753 0 2.508315753 0 2.508315753 0 2.508315753 0 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2.845618837 0 2.845618837 0 2.845618837 0 2.845618837 0 0.351595486 0 0.351595486 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36.23009885 0 46.33272257 0 46.33272257 0 0 0 0 0 43.46047403 0 34.38912597 0 1232.1456 0.0122 16.56225314 0 16.56225314 0 16.56225314 0 21.59554568 0 1.23259579 0 1.381904593 0 26.44150993 0 17.05903867 0 0 0 0 0 18.26498858 0 17.74165695 0 362.6569724 0.00914122 362.6569724 0.00914122 362.6569724 0.00914122 362.6569724 0.00914122 28.00356109 0 28.00356109 0 16.06356943 0 15.2744688 0 3.682871005 0 11.9807115 0 254.3794 0.0091 30.58358607 0 72.65024108 0.001461494 0 0 0 0 2.028 0 154.1950449 0 154.1950449 0 154.1950449 0 89.1873653 0 127.162323 0 127.162323 0 104.148352 0 1414.2827 0.0357 0.296262857 0 0.288033333 0 0.27980381 0 0.216237309 0 0.216237309 0 0.216237309 0 8.910560038 0 8.910560038 0 9.536352959 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.833155701 0 71.3024 0 71.3024 0 71.3024 0 95.28949716 0 64.35534154 0 64.35534154 0 64.35534154 0 85.70576559 0 0.573440201 0 59.55841464 0 59.55841464 0 31.61559177 0 139.7117035 0 5.948943806 0 5.948943806 0 0.371808988 0 0 0 0 0 0 0 28.9449 0.0009 78.55238746 0 29.15933527 0 0.192834531 0 0.360406825 0 39.15829149 0 39.15829149 0 39.15829149 0 18.2431 0 1.484829972 0 1.484829972 0 52.14959484 0 52.14959484 0 28.31893982 0 11.21754425 0 11.21754425 0 107.9487256 0 55.57970806 0 2.247898832 0 5.690948248 0 0.636919679 0 3.294160104 0 3.294160104 0 2.597316986 0 0.1121 0 0.1121 0 0.1121 0 14.26564991 0 391.8819221 0 168.2285779 0 2.194557034 0 2.194557034 0 2.194557034 0 2.194557034 0 2.194557034 0 2.194557034 0 2.194557034 0 0.317948506 0 0.355819336 0 1.335228542 0 0.099879112 0 0.099879112 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.072595777 0 0.072595777 0 0.072595777 0 0.073504561 0 0 0 0 0 0 0 0 0 534.642471 0 534.642471 0 534.642471 0 534.642471 0 580.7531723 0 580.7531723 0 0 0 0 0 0 0 0 0 0.34716187 0 1.40171271 0 1.40171271 0 1.40171271 0 32.79077347 0 7.336748401 0 0 0 0 0 0 0 0 0 0 0 8.29847986 0 8.29847986 0 6.042979686 0 37.25705996 0 37.25705996 0 37.25705996 0 32.90662398 0 3.656291553 0 26.74431 0 2.97159 0 44.2101514 0 201.396504 0 106.8183696 0 18.80939809 0 3.983416146 0 0.292009765 0 0.6983 0 0.916668062 0 0.916668062 0 0.916668062 0 0.857491373 0 0.857491373 0 0.857491373 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 366.8775989 0.007325831 601.392 0.0151 0.0497 0 0.0497 0 26.46016968 0 26.46016968 0 28.09057808 0 0 0 0 0 137.8167029 0 63.73426695 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.5764 0 1.5764 0 1.5764 0 13.1789 0 48.4714697 0 2.32691365 0 2.32691365 0 2.32691365 0 2.32691365 0 2.32691365 0 2.32691365 0 2.656932653 0 2.656932653 0 114.9844686 0 48.53662809 0 0.324360094 0 0.324360094 0 0.324360094 0 0.324360094 0 0.324360094 0 0.324360094 0 0.324360094 0 0.008145946 0 0.007636824 0 0.008145946 0 0.837848313 0 0.488379848 0 0.874518637 0 0 0 0 0 0 0 0 0 0.100929663 0 159.8078788 0 35.26801524 0 381.3476 0.0038 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 411.5610226 0 793.1043076 0 411.5610226 0 793.1043076 0 2.226649259 0 2.226649259 0 2.226649259 0 2.818502202 0 1.482081582 0 77.82988413 0 0.342739345 0 0.342739345 0 0.342739345 0 0.837207232 0 0.837207232 0 0.837207232 0 0 0 0 0 0 0 0 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 0.169089115 0 131.047086 0 240.781914 0 0 0 0 0 0.001652526 0 386.2452717 0 5.321359795 0 18.03611863 0 6.868649142 0 16.23365 0 16.23365 0 389.9351655 0 228.4468646 0 40.24691638 0 40.24691638 0 37.25106724 0 1.567652788 0 1.567652788 0 1.567652788 0 1.984341637 0 0 0 0 0 0 0 10.59837919 0 10.59837919 0 5.778951617 0 5.778951617 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 265.3136184 0 265.3136184 0 10.00495 0 10.00495 0 73.15358065 0 121.2520599 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10.10828447 0 0.194619873 0 0.194619873 0 0.194619873 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.718837588 0 0.718837588 0 0.774902539 0 0.474849822 0 0.718837588 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 94.85722499 0 9.9014 0 340.1532708 0 203.7466292 0 0 0 0 0 0 0 0 0 0 0 18.92121631 0 18.92121631 0 18.92121631 0 20.90644911 0 34.23900509 0 49.28174298 0 13.67920274 0 13.67920274 0 13.67920274 0 13.11038458 0 264.936912 0 264.936912 0 254.035059 0 46.16164932 0 0 0 667.004543 0 620.3706766 0 30.7508231 0 16.5712769 0 117.9353799 0 27.91264 0 27.91264 0 13.70527582 0 23.92512 0 470.3652311 0 244.5243366 0 0.384927986 0 0.384927986 0 0.384927986 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 57.55926543 0 57.55926543 0 57.55926543 0 122.5651037 0 382.2760423 0 382.2760423 0 382.2760423 0 233.0951477 0 233.0951477 0 233.0951477 0 92.39885 0 92.39885 0 593.6617306 0 593.6617306 0 588.3557025 0 611.5598096 0 611.5598096 0 673.910311 0 0 0 0 0 0 0 0 0 0 0 765.6727128 0 573.8299426 0 324.3386632 0 7.545061047 0 7.545061047 0 7.545061047 0 7.545061047 0 7.545061047 0 7.545061047 0 5.763214034 0 5.763214034 0 6.003347952 0 6.003347952 0 9.401525097 0 9.401525097 0 9.401525097 0 9.401525097 0 9.401525097 0 9.401525097 0 313.405922 0 218.0521039 0 218.0521039 0 119.8088483 0 265.7491374 0 838.3349019 0 838.3349019 0 838.3349019 0 838.3349019 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 382.8609362 0 382.8609362 0 382.8609362 0 382.8609362 0 450.4692273 0 450.4692273 0 375.0946773 0 375.0946773 0 418.550768 0 2.753333333 0 2.753333333 0 1.762133333 0 605.5213066 0 315.6746148 0 9.128786511 0 4.016828383 0 3.970039468 0 3.970039468 0 3.970039468 0 12.68584222 0 12.68584222 0 6.493085488 0 8.533751164 0 8.533751164 0 8.533751164 0 2.81620572 0 7.347956714 0 7.347956714 0 7.347956714 0 7.347956714 0 7.347956714 0 7.347956714 0 7.347956714 0 7.347956714 0 7.40949254 0 7.40949254 0 7.40949254 0 7.40949254 0 7.40949254 0 7.40949254 0 7.40949254 0 7.40949254 0 67.319538 0 67.319538 0 67.319538 0 67.319538 0 67.319538 0 0 0 0 0 7.078276088 0 7.078276088 0 49.40165239 0 49.40165239 0 18.63830953 0 18.63830953 0 0 0 0 0 0 0 12.16299763 0 12.16299763 0 12.16299763 0 12.16299763 0 16.37623873 0 573.1234236 0 573.1234236 0 573.1234236 0 573.1234236 0 626.8343403 0 626.8343403 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 17.57459136 0 21.5561554 0 21.5561554 0 21.5561554 0 547.2329649 0 547.2329649 0 48.19669177 0 5.3732342 0 5.3732342 0 26.62275733 0 26.62275733 0 12.94376112 0 12.94376112 0 12.94376112 0 12.94376112 0 87.01721604 0 87.01721604 0 5.332980033 0 54.16714552 0 5.158619967 0 3.6457 0 5.484882744 0 5.484882744 0 5.484882744 0 5.484882744 0 5.484882744 0 5.484882744 0 5.484882744 0 5.484882744 0 10.32202048 0 10.32202048 0 10.32202048 0 10.32202048 0 5.167495555 0 5.167495555 0 5.167495555 0 5.167495555 0 4.104069519 0 4.104069519 0 4.104069519 0 4.104069519 0 4.104069519 0 4.104069519 0 11.1139032 0 11.1139032 0 23.13073124 0 25.98195529 0 25.98195529 0 36.39475994 0 36.39475994 0 8.371837911 0 8.635997845 0 8.635997845 0 2.895201245 0 12.80421909 0 2.895201245 0 12.80421909 0 2.895201245 0 12.80421909 0 62.55680418 0 62.55680418 0 62.55680418 0 62.55680418 0 57.333 0 57.333 0 20.90256853 0 20.90256853 0 20.90256853 0 20.90256853 0 390.2174876 0 834.7871382 0 647.9816247 0 647.9816247 0 647.9816247 0 5.4242 0 17.09047488 0 0.960302585 0 140.1392769 0 140.1392769 0 182.18106 0 0.406186809 0 0.406186809 0 0.406186809 0 0.406186809 0 0.406186809 0 0.406186809 0 21.2260111 0 21.2260111 0 26.97076667 0 26.97076667 0 26.97076667 0 412.5974121 0 412.5974121 0 445.9000991 0 1.1822 0 20.61950939 0 20.61950939 0 0.583587482 0 0.036639793 0 102.4227983 0 754.8443623 0 406.0289179 0 502.1781333 0 358.8199554 0 1.70889464 0 413.1715943 0 578.2447069 0 467.5314537 0 1.967746532 0 732.4655126 0 55.05768737 0 280.1665481 0 21.05945188 0 23477.0841 0 2490.474249 0 5036.760496 0 285.1844638 0 440.1067907 0 4547.6578 0 9358.3206 0 2074.0347 0 28.748 0 5713.9473 0


[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Notices]
[Page 59872]
[FR Doc No: 2014-23570]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 17a-19 and Form X-17A-19, SEC File No. 270-148, OMB
Control No. 3235-0133.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and
Exchange Commission (``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for approval of extension of
the previously approved collection of information provided for in Rule
17a-19 (17 CFR 240.17a-19) and Form X-17A-19 under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 17a-19 requires every national securities exchange and
registered national securities association to file a Form X-17A-19 with
the Commission and the Securities Investor Protection Corporation
(``SIPC'') within 5 business days of the initiation, suspension, or
termination of any member and, when terminating the membership interest
of any member, to notify that member of its obligation to file
financial reports as required by Exchange Act Rule 17a-5(b).\1\
    Commission staff anticipates that the national securities exchanges
and registered national securities associations collectively will make
800 total filings annually pursuant to Rule 17a-19 and that each filing
will take approximately 15 minutes. The total reporting burden is
estimated to be approximately 200 total annual hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: September 29, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-23570 Filed 10-2-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Pages 39891-39892]
[FR Doc No: 2022-14225]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0026]

Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillator (ICD)

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

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny the applications from two
individuals treated with an Implantable Cardioverter Defibrillator
(ICD) who requested an exemption from the Federal Motor Carrier Safety
Regulations (FMCSRs) prohibiting operation of a commercial motor
vehicle (CMV) in interstate commerce by persons with a current clinical
diagnosis of myocardial infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other cardiovascular disease of a
variety known to be accompanied by syncope (transient loss of
consciousness), dyspnea (shortness of breath), collapse, or congestive
heart failure.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical

Programs Division,<PHONE_NUMBER>, [email protected], FMCSA, DOT,
1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001.
Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday,
except Federal holidays. If you have questions regarding viewing
materials in the docket, contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2022-0026, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
Background
    On February 17, 2022, FMCSA published a Federal Register notice (87
FR 9101) announcing receipt of applications from two individuals
treated with ICDs and requested comments from the public. The
individuals requested an exemption from 49 CFR 391.41(b)(4) which
prohibits operation of a CMV in interstate commerce by persons with a
current clinical diagnosis of myocardial infarction, angina pectoris,
coronary insufficiency, thrombosis, or any other cardiovascular disease
of a variety known to be accompanied by syncope, dyspnea, collapse, or
congestive heart failure. The public comment period closed on March 21,
2021, and 13 comments were received.
    FMCSA has evaluated the eligibility of the applicants and concluded
that granting an exemption would not provide a level of safety that
would be equivalent to, or greater than, the level of safety that would
be obtained by complying with Sec.  391.41(b)(4). A summary of each
applicant's medical history related to their ICD exemption request was
discussed in the February 17, 2022, Federal Register notice and will
not be repeated here.
    The Agency's decision regarding this exemption application is based
on information from the Cardiovascular Medical Advisory Criteria, an
April 2007 evidence report titled ``Cardiovascular Disease and
Commercial Motor Vehicle Driver Safety,'' \1\ and a December 2014
focused research report titled ``Implantable Cardioverter
Defibrillators and the Impact of a Shock in a Patient When Deployed.''
Copies of these reports are included in the docket.
---------------------------------------------------------------------------

    \1\ The report is available on the internet at https://rosap.ntl.bts.gov/view/dot/16462.
---------------------------------------------------------------------------

    FMCSA has published advisory criteria to assist medical examiners
in determining whether drivers with certain medical conditions are
qualified to operate a CMV in interstate commerce.\2\ The advisory
criteria for Sec.  391.41(b)(4) indicates that coronary artery bypass
surgery and pacemaker implantation are remedial procedures and thus,
not medically disqualifying. ICDs are disqualifying due to risk of
syncope.
---------------------------------------------------------------------------

    \2\ These criteria may be found in 49 CFR part 391, APPENDIX A
TO PART 391--MEDICAL ADVISORY CRITERIA, section D. Cardiovascular:
Sec.  391.41(b)(4), paragraph 4, which is available on the internet
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

II. Discussion of Comments

    FMCSA received 13 comments in this proceeding. All comments
received were from private citizens and employers in support of Kelly
Lemus and focused on her experience and skill as a CMV driver, her
stable health, and that her ICD has not deployed. No adverse comments
were received in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.
    The Agency's decision regarding these exemption applications is
based on an individualized assessment of the applicants' medical
information, available medical and scientific data concerning ICDs, and
any relevant public comments received.
    In the case of persons with ICDs, the underlying condition for
which the ICD was implanted places the individual at high risk for
syncope or other unpredictable events known to result in gradual or
sudden incapacitation. ICDs may discharge, which could result in loss
of ability to safely control a CMV. The December 2014 focused research
report referenced previously upholds the findings of the April 2007
report and indicates that the available scientific data on individuals
with ICDs and CMV driving does not support that individuals with ICDs
who operate CMVs are able to meet an equal or greater level of safety.

III. Conclusion

    The Agency has determined that the available medical and scientific
literature and research provides insufficient data to enable the Agency
to conclude that granting these exemptions would achieve a level of
safety equivalent to, or greater than, the level of safety maintained
without the exemption. Therefore, the following applicants have been
denied an exemption from the physical qualification standards in Sec.
391.41(b)(4):

Michael Bianculli (MA); Kelly Lemus (WA)

    The applicants have, prior to this notice, received a letter of
final disposition regarding their exemption request. The decision
letter fully outlined the basis for the denial and constitute final
action by the Agency. The names of these individuals published today
summarizes the Agency's recent denials as required under 49 U.S.C.
31315(b)(4).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-14225 Filed 7-1-22; 8:45 am]
BILLING CODE 4910-EX-P


conducted searches for the EtO Commercial Sterilization NESHAP through
the Enhanced National Standards Systems Network (NSSN) Database managed
by the American National Standards Institute (ANSI). We also contacted
voluntary consensus standards (VCS) organizations and accessed and
searched their databases. We conducted searches for EPA Methods 204 of
40 CFR part 51, appendix M; EPA Methods 1, 1, 2, 2A, 2C, and 3B of 40
CFR part 60, appendix A; and EPA Method 320 of 40 CFR part 63, appendix
A. During the EPA's VCS search, if the title or abstract (if provided)
of the VCS described technical sampling and analytical procedures that
are similar to the EPA's reference method, the EPA considered it as a
potential equivalent method. We reviewed all potential standards to
determine the practicality of the VCS for this rule. The EPA may
reconsider determinations of impracticality when additional information
is available for particular VCS.
    No applicable VCS were identified for EPA Methods 204, 1, 1, 2, 2A,
and 2C. The following VCS were identified as acceptable alternatives to
the EPA test methods for the purpose of this rule.
    The EPA proposes to use the VCS ANSI/ASME PTC 19.10-1981 Part 10
(2010), ``Flue and Exhaust Gas Analyses,'' as an acceptable alternative
to EPA Method 3B for the manual procedures only and not the
instrumental procedures. The ANSI/ASME PTC 19.10-1981-Part 10 method
incorporates both manual and instrumental methodologies for the
determination of oxygen content. The manual method segment of the
oxygen determination is performed through the absorption of oxygen. The
EPA is not proposing to incorporate this VCS by reference. This method
is available both in the docket for this rulemaking and at the American
National Standards Institute (ANSI), 1899 L Street NW, 11th floor,
Washington, DC 20036 and the American Society of Mechanical Engineers
(ASME), Three Park Avenue, New York, NY 10016-5990. See https://www.ansi.org and https://www.asme.org.
    In addition, the EPA proposes to use the VCS ASTM D6348-12e1,
``Determination of Gaseous Compounds by Extractive Direct Interface
Fourier Transform (FTIR) Spectroscopy,'' as an acceptable alternative
to EPA Method

320 of appendix A to 40 CFR part 63 with caveats requiring inclusion of
selected annexes to the standard as mandatory. The ASTM D6348-12e1
method is an extractive FTIR spectroscopy-based field test method and
is used to quantify gas phase concentrations of multiple target
compounds in emission streams from stationary sources. The EPA is not
proposing to incorporate this VCS by reference. We are proposing the
test plan preparation and implementation in the Annexes to ASTM D 6348-
03, Sections Al through A8 are mandatory; and in ASTM D6348-03 Annex A5
(Analyte Spiking Technique), the percent (%) R must be determined for
each target analyte (Equation A5.5). We are proposing that in order for
the test data to be acceptable for a compound, %R must be 70% < R <=
130%. If the %R value does not meet this criterion for a target
compound, the test data are not acceptable for that compound and the
test must be repeated for that analyte (i.e., the sampling and/or
analytical procedure should be adjusted before a retest). We are
proposing that the %R value for each compound be reported in the test
report, and all field measurements be corrected with the calculated %R
value for that compound by using the following equation:
[GRAPHIC] [TIFF OMITTED] TP13AP23.112

    The ASTM D6348-12e1 method is available both in the docket for this
rulemaking and at ASTM International, 1850 M Street NW, Suite 1030,
Washington, DC 20036. See https://www.astm.org/.
    In this rule, the EPA is proposing regulatory text for Tables 1
through 5 to 40 CFR part 63, subpart O, that includes IBR in accordance
with requirements of 1 CFR 51.5. Specifically, the EPA is incorporating
by reference ISO 11135:2014. The ISO standards are available from the
International Organization for Standardization, Chemin de Blandonnet 8,
CP 401, 1214 Vernier, Geneva, Switzerland. See https://www.iso.org.
    The EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially
applicable VCS, and to explain why the EPA should use such standards in
this regulation (Comment C-82).

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or indigenous
peoples) and low-income populations.
    The EPA believes that the human health or environmental conditions
that exist prior to this action result in or have the potential to
result in disproportionate and adverse human health or environmental
effects on people of color, low-income populations and/or indigenous
peoples. A total of 19.4 million people live within 10 km of the 97
facilities that were assessed. The percent of the population that is
Hispanic or Latino is substantially higher than the national average
(34 percent versus 19 percent), driven by the seven facilities in
Puerto Rico, where an average of 99 percent of the 658,000 people
living within 10 km of the facilities are Hispanic or Latino. The
proportion of other demographic groups living within 10 km of
commercial sterilizers is similar to the national average. The EPA also
conducted a risk assessment of possible cancer risks and other adverse
health effects, and found that prior to this proposed regulation,
cancer risks were above acceptable levels for several areas in which
these demographic groups live. See section III.E for an analysis that
characterizes populations living in proximity of facilities and risks
prior to the proposed regulation.
    The EPA believes that this action is likely to reduce existing
disproportionate and adverse effects on people of color, low-income
populations and/or indigenous peoples. This action proposed to
establish standards for SCVs, ARVs, and CEVs at facilities where EtO
use is less than 1 tpy, ARVs and CEVs at facilities where EtO use is at
least 1 tpy but less than 10 tpy, CEVs at facilities where EtO use is
at least 10 tpy, and room air emissions. In addition, it proposes to
tighten standards for SCVs at facilities where EtO use is at least 1
tpy, as well as ARVs at facilities where EtO use is at least 10 tpy.
This action also proposes amendments to correct and clarify regulatory
provisions related to emissions during periods of SSM, including
removing general exemptions for periods of SSM and adding work practice
standards for periods of SSM where appropriate. As a result of these
proposed changes, we expect zero people to be exposed to risk levels
above 100-in-1 million. See sections III.B and III.D for more
information about the control requirements of the regulation and the
resulting reduction in cancer risks.
    The EPA additionally identified and addressed environmental justice
concerns by engaging in outreach activities to communities we expect to
be impacted most by the rulemaking.\72\ The EPA is also proposing that
owners and operators of commercial sterilization facilities submit
electronic copies of required compliance reports, performance test
reports, and performance evaluation reports, which will provide greater
access to information for impacted communities.
---------------------------------------------------------------------------

    \72\ https://www.epa.gov/newsreleases/epa-launches-community-engagement-efforts-new-ethylene-oxide-risk-information.
---------------------------------------------------------------------------

    The information supporting this Executive order review is contained
in section III.E of this preamble, as well as in a technical report,
Analysis of Demographic Factors for Populations Living Near Ethylene
Oxide Commercial Sterilization and Fumigation Operations, available in
the docket for this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.
[FR Doc. 2023-06676 Filed 4-12-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65155-65156]
[FR Doc No: 2013-25851]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0919; Special Conditions No. 25-13-11-SC]

Special Conditions: Learjet Model 45 Series Airplanes; Isolation
or Security Protection of the Aircraft Control Domain and the Airline
Information Services Domain From the Passenger Services Domain

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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SUMMARY: These special conditions are issued for the Learjet Model 45
series airplanes. These airplanes will have novel or unusual design
features associated with connectivity of the passenger service computer
systems to the airplane critical systems and data networks. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is October 31,
2013. We must receive your comments by December 16, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0919
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Varun Khanna, FAA, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On April 21, 2010, Learjet applied for both a change to Type
Certificate No. T00008WI and for a supplemental type certificate (STC)
change in the digital systems architecture in the Learjet Model 45
series airplanes. The Learjet Model No. 45 series airplanes are a
swept-wing aircraft equipped with two Honeywell TFE731-40BR turbojet
engines, weighing 13,890 pounds empty and capable of carrying up to
nine passengers plus two crew members.
    The proposed Learjet Model 45 architecture is new and novel for
commercial transport airplanes by allowing connection to previously
isolated data networks connected to systems that perform functions
required for the safe operation of the airplane. This proposed data
network and design integration may result in security vulnerabilities
from intentional or unintentional corruption of data and systems
critical to the safety and maintenance of the airplane. The existing
regulations and guidance material did not anticipate this type of
system architecture or electronic access to aircraft systems.
Furthermore, regulations and current system safety assessment policy
and techniques do not address potential security vulnerabilities, which
could be caused by unauthorized access to aircraft data buses and
servers. The intent of these special conditions is to ensure that
security, integrity, and availability of aircraft systems are not
compromised by certain wired or wireless electronic connections between
airplane data busses and networks. A separate Learjet Model 45 project
special condition addresses aircraft electronic system security
protection from unauthorized external access.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, Learjet
must show that the Model 45 series meets the applicable provisions of
14 CFR part 25, as amended by Amendments 25-1 through 25-128.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model 45 series because of a novel
or unusual design feature, special conditions are prescribed under
Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the proposed special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and
proposed special conditions, the Learjet Model 45 series airplane must
comply with the fuel vent and exhaust emission requirements of 14 CFR
part 34 and the noise certification requirements of 14

CFR part 36 and the FAA must issue a finding of regulatory adequacy
under Sec.  611 of Public Law 92-574, the ``Noise Control Act of
1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type-certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Learjet Model 45 series airplanes will incorporate the
following novel or unusual design features: The proposed architecture
and network configuration may be used for, or interfaced with, a
diverse set of functions, including:
    1. Flight-safety related control, communication, and navigation
systems (aircraft control domain);
    2. Operator business and administrative support (operator
information domain); and
    3. Passenger information and entertainment systems (passenger
entertainment domain).
    In addition, the operating systems (OS) for current aircraft
systems are usually and historically proprietary. Therefore, they are
not as susceptible to corruption from worms, viruses, and other
malicious actions as more widely used commercial operating systems,
such as Microsoft Windows NT, because access to the design details of
these proprietary OS is limited to the system developer and aircraft
integrator. Some systems installed on the Learjet Model 45 series
airplanes will use operating systems that are widely used and
commercially available from third party software suppliers. The
security vulnerabilities of these operating systems may be more widely
known than proprietary operating systems currently used by avionics
manufacturers.

Discussion

    The integrated network configurations in the Learjet Model 45
series airplanes may allow increased connectivity with external network
sources and will have more interconnected networks and systems, such as
passenger entertainment and information services than previous airplane
models. This may allow the exploitation of network security
vulnerabilities and increased risks potentially resulting in unsafe
conditions for the airplanes and occupants. This potential exploitation
of security vulnerabilities may result in intentional or unintentional
destruction, disruption, degradation, or exploitation of data and
systems critical to the safety and maintenance of the airplane. The
existing regulations and guidance material did not anticipate these
types of system architectures. Furthermore, 14 CFR regulations and
current system safety assessment policy and techniques do not address
potential security vulnerabilities which could be exploited by
unauthorized access to airplane networks and servers. Therefore, these
special conditions are being issued to ensure that the security (i.e.,
confidentiality, integrity, and availability) of airplane systems is
not compromised by unauthorized wired or wireless electronic
connections between airplane systems and the passenger entertainment
services.
    For the reasons discussed above, these special conditions contain
the additional safety standards that the Administrator considers
necessary to establish a level of safety equivalent to that established
by the existing airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the
Learjet Model 45 series airplanes. Should Learjet apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, the special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplanes. It is not a rule of general
applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon publication in the Federal Register. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Learjet Model 45 series airplanes.

Isolation or Security Protection of the Aircraft Control Domain and the
Airline Information Services Domain From the Passenger Services Domain

    1. The applicant must ensure that the design provides isolation
from, or airplane electronic system security protection against, access
by unauthorized sources internal to the airplane. The design must
prevent inadvertent and malicious changes to, and all adverse impacts
upon, airplane equipment, systems, networks, or other assets required
for safe flight and operations.
    2. The applicant must establish appropriate procedures to allow the
operator to ensure that continued airworthiness of the aircraft is
maintained, including all post-type-certification modifications that
may have an impact on the approved electronic system security
safeguards.

    Issued in Renton, Washington, on October 22, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-25851 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45726-45727]
[FR Doc No: 2021-17405]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0103; FRL 8840-01-OAR]

Proposed Information Collection Request; Comment Request; Diesel
Emissions Reduction Act (DERA) Rebate Program; EPA ICR No. 2461.04, OMB
Control No. 2060-0686 Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Diesel Emissions
Reduction Act (DERA) Rebate Program'' (EPA ICR No. 2461.04, OMB Control
No. 2060-0686) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act . Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through April 30,
2022. An Agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before October 15, 2021.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2012-0103, online using www.regulations.gov (our preferred method), 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.
    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: Jason Wilcox, Office of Transportation
and Air Quality, (6406A), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-343-
9571; 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
202-566-1744. For additional information about EPA's public docket,
visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate 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; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through 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. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: This is an extension of the current Information
Collection Request (ICR) for the Diesel Emissions Reduction Act program
(DERA) authorized by Title VII, Subtitle G (Sections 791 to 797) of the
Energy Policy Act of 2005 (Pub. L. 109-58), as amended by the Diesel
Emissions Reduction Act of 2010 (Pub. L. 111-364) and Division S
(Section 101) of the Consolidated Appropriations Act, 2021 (Pub. L.
116-260), codified at 42 U.S.C. 16131 et seq. DERA provides the
Environmental Protection Agency (EPA) with the authority to award
grants, rebates or low-cost revolving loans on a competitive basis to
eligible entities to fund the costs of projects that significantly
reduce diesel emissions from mobile sources through implementation of a
certified engine configuration, verified technology, or emerging
technology. Eligible mobile sources include buses (including school
buses), medium heavy-duty or heavy heavy-duty diesel trucks, marine
engines, locomotives, or nonroad engines or diesel vehicles or
equipment used in construction, handling of cargo (including at ports
or airports), agriculture, mining, or energy production. In addition,
eligible entities may also use funds awarded for programs or projects
to reduce long-duration idling using verified technology involving a
vehicle or equipment described above. The objective of the assistance
under this program is to achieve significant reductions in diesel
emissions in terms of tons of pollution produced and reductions in
diesel emissions exposure, particularly from fleets operating in areas
designated by the Administrator as poor air quality areas.
    EPA uses approved procedures and forms to collect necessary
information to operate its grant and rebate programs. EPA has been
providing rebates under DERA since Fiscal Year 2012. EPA is requesting
an extension of the current ICR, which is currently approved through
April 30, 2022, for forms needed to collect necessary information to
operate a rebate program as authorized by Congress under the DERA
program.
    EPA collects information from applicants to the DERA rebate
program. Information collected is used to ensure eligibility of
applicants and engines to receive funds under DERA, and to calculate
estimated and actual emissions benefits that result from activities
funded with rebates as required in DERA's authorizing legislation.
    Form Numbers: 2060-0686.
    Respondents/affected entities: Entities potentially affected by
this action are those interested in applying for a rebate under EPA's
Diesel Emission Reduction Act (DERA) Rebate Program and include but are
not limited to the following NAICS (North American Industry
Classification System) codes: 23 Construction; 482 Rail Transportation;
483 Water Transportation; 484 Truck Transportation; 485 Transit and
Ground Passenger Transportation; 4854 School and Employee Bus
Transportation; 48831 Port and Harbor Operations; 61111 Elementary and
Secondary Schools; 61131 Colleges, Universities, and Professional
Schools; 9211 Executive, Legislative, and Other Government Support; and
9221 Justice, Public Order, and Safety Activities.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 564 (total).
    Frequency of response: Voluntary as needed.
    Total estimated burden: 2903 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $121,421.59 (per year), includes $0
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is decrease of 42 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This decrease is the result of a reduction in annual responses in
the program in 2018 and 2019 which offset a small increase in hours per
response resulting from new estimates provided in the respondent
consultation.

    Dated: August 9, 2021.
Michael Moltzen,
Acting Director, Transportation and Climate Division, Office of Air and
Radiation.
[FR Doc. 2021-17405 Filed 8-13-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Notices]
[Pages 32565-32566]
[FR Doc No: 2014-13145]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-0040]

Waterway Suitability Assessment for Liquefied Hazardous Gas
Facilities; Freeport, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Coast Guard, at Sector Houston-Galveston, announces
receipt of a Letter of Intent (LOI) and Waterways Suitability
Assessment (WSA) for a proposed construction project to modify existing
petroleum product import/export facilities to add Liquefied Hazardous
Gas (LHG) operations in Freeport, Texas. The LOI and WSA were submitted
by Phillips 66. The Coast Guard is notifying the public of this action
to solicit public comments on the proposed construction to add
Liquefied Hazardous Gas (LHG) operations to the existing facility.

DATES: Comments and related material must be received on or before July
7, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0040 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these three methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of availability, call or email LTjg William Stewart, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Participation and Request for Comments: The Coast Guard
encourages public participation. We request that you submit comments
and related materials in response to this notice. All comments received
will be posted without change to http://www.regulations.gov and will
include any personal information you have provided.
    Submitting comments: If you submit a comment, please include the
docket number for this notice, USCG-2014-0040, and provide a reason for
each suggestion or recommendation. You may submit your comments and
related material online at http://www.regulations.gov, or by fax, mail,
or hand delivery, but please use only one of these means. If you submit
a comment online, 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 Docket Management Facility.
We recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2014-0040) in the ``SEARCH'' box and click
``SEARCH.'' Then click on ``Submit a Comment'' on the line associated
with this notice.
    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.
    Viewing comments and documents: To view comments, go to http://www.regulations.gov, type the docket number (USCG-2014-0040) in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone can search the electronic form of 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 a
Privacy Act notice regarding our public dockets in the January 17,
2008, issue of the Federal Register (73 FR 3316).
    Public meeting: We do not now plan to hold a public meeting. But
you may submit a request for one, using one of the methods specified
under ADDRESSES. Please explain why you believe a public meeting would
be beneficial. If, based on requests or comments received, the Coast
Guard determines that a public meeting would aid this evaluation and
subsequent recommendation, we will hold one at a time and place
announced by a later notice in the Federal Register.
    Discussion: Under 33 CFR 127.007, an owner or operator planning new
construction to expand or modify marine terminal operations in an
existing facility handling LNG or LHG, where the construction,
expansion, or modification would result in an increase in the size and/
or frequency of LNG or LHG marine traffic on the waterway associated
with a proposed facility or modification to an existing facility, must
submit an LOI to the Captain of the Port (COTP) of the zone in which
the facility is or will be located. Under 33 CFR 127.009, after
receiving an LOI, the COTP issues a Letter of Recommendation (LOR) as
to the suitability of the waterway for LNG or LHG marine traffic to the
appropriate jurisdictional authorities. The LOR is based on a series of
factors outlined in 33 CFR 127.009 that relate to the physical nature
of the affected waterway and issues of safety and security associated
with LNG or LHG marine traffic on the affected waterway.
    The purpose of this notice is to solicit public comments on the
proposed construction project to modify existing facilities to add LHG
operations as submitted by Phillips 66 in Freeport, Texas. Input from
the public may be useful to the COTP with respect to developing the
LOR. The Coast Guard requests comments to help assess the suitability
of the associated waterway for increased LHG marine traffic as it
relates to navigation, safety, and security.
    On January 24, 2011, the Coast Guard published Navigation and
Vessel Inspection Circular (NVIC) 01-2011, ``Guidance Related to
Waterfront Liquefied Natural Gas (LNG) Facilities.'' NVIC 01-2011
provides guidance for owners and operators seeking approval to
construct and operate LNG facilities. While NVIC 01-2011 is specific to
LNG, it provides useful process information

and guidance for owners and operators seeking approval to construct and
operate or expand LHG facilities as well. The Coast Guard will refer to
NVIC 01-2011 for process information and guidance in evaluating the
project included in the LOI and WSA submitted by Phillips 66. A copy of
NVIC 01-2011 is available for viewing in the public docket for this
notice and also on the Coast Guard's Web site at http://www.uscg.mil/hq/cg5/nvic/2010s.asp.
    This notice is issued under authority of 33 U.S.C. 1223-1225,
Department of Homeland Security Delegation Number 0170.1(70), 33 CFR
127.009, and 33 CFR 103.205.

    Dated: May 21, 2014.
B.K. Penoyer,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston,
Texas.
[FR Doc. 2014-13145 Filed 6-4-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Proposed Rules]
[Page 31547]
[FR Doc No: 2017-14205]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0561; FRL-9964-57-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Volatile Organic Compound Reasonably Available Control
Technology for 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This SIP revision pertains to the
requirements for reasonably available control technology (RACT)
controls for certain sources of volatile organic compounds (VOCs) under
the 1997 ozone national ambient air quality standard (NAAQS). This SIP
revision includes Pennsylvania's certification that previously adopted
RACT controls in Pennsylvania's SIP that were approved by EPA under the
1-hour ozone NAAQS are based on the currently available technically and
economically feasible controls, and that they continue to represent
RACT for the 1997 ozone NAAQS and a negative declaration that certain
categories of sources do not exist in Pennsylvania. This SIP revision
does not address Pennsylvania's May 2016 VOC and nitrogen oxides
(NOX) RACT rule, ``Additional RACT Requirements for Major
Sources of NOX and VOCs,'' also known as RACT II. EPA will
take separate action on RACT II. In the Final Rules section of this
Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by August 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0561 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>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, the 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: June 22, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-14205 Filed 7-6-17; 8:45 am]
 BILLING CODE 6560-50-P