instructions for storage of each required EEBA and must keep a copy of
the instructions at its system headquarters for FRA inspection.

Sec.  227.207  Railroad's program for inspection, maintenance, and
replacement of EEBAs; requirements for procedures.

    (a) General. Each railroad shall establish and comply with a
written program for inspection, maintenance, and replacement of EEBAs
that are required under this subpart. The program for inspection,
maintenance, and replacement of EEBAs shall be maintained at the
railroad's system headquarters and shall be amended, as necessary, to
reflect any significant changes. This program shall include the
following procedures:
    (1) Procedures for performing and recording a pre-trip inspection
of each EEBA that is required to be provided on a locomotive being used
to transport an asphyxiant or a PIH material and procedures for
cleaning, replacing, or repairing each required EEBA, if necessary,
prior to its being provided under Sec.  227.201(a);
    (2) Procedures for performing and recording periodic inspections
and maintenance of each required EEBA in a manner and on a schedule in
accordance with the manufacturer's recommendations; and
    (3) Procedures for turning in and obtaining a replacement for a
defective, failed, or used EEBA and for recording those transactions.
    (b) Inspection procedures and records. (1) A railroad's procedures
for pre-trip and periodic inspections of EEBAs shall require that the
following information about each pre-trip and periodic inspection be
accurately recorded on a tag or label that is attached to the storage
facility for the EEBA or kept with the EEBA or in inspection reports
stored as paper or electronic files:
    (i) The name of the railroad performing the inspection;
    (ii) The date that the inspection was performed;
    (iii) The name and signature of the individual who made the
inspection;
    (iv) The findings of the inspection;
    (v) The required remedial action; and
    (vi) A serial number or other means of identifying the inspected
EEBA.
    (2) A railroad shall maintain an accurate record of each pre-trip
and periodic inspection required by this section and retain each of
these records for one year.
    (c) Procedures applicable if EEBA fails an inspection or is used.
An EEBA that fails an inspection required by this section, is otherwise
found to be defective, or is used, shall be removed from service and be
discarded, repaired, adjusted, or cleaned in accordance with the
following procedures:
    (1) Repair, adjustment, and cleaning of EEBAs shall be done only by
persons who are appropriately trained to perform such work and who
shall use only the EEBA manufacturer's approved parts designed to
maintain the EEBA in NIOSH-certified (49 CFR part 84) or ISO-certified
(ISO 23269-1:2008(E)) condition.
    (2) Repairs shall be made according to the manufacturer's
recommendations and specifications for the type and extent of repairs
to be performed.
    (3) Where applicable, reducing and admission valves, regulators,
and alarms shall be adjusted or repaired only by the manufacturer or a
technician trained by the manufacturer.
    (d) Records of returns, maintenance, repair, and replacement. A
railroad shall--
    (1) Maintain an accurate record of return, maintenance, repair, or
replacement for each EEBA required by this subpart; and
    (2) Retain each of these records for three years.

Sec.  227.209  Railroad's program of instruction on EEBAs.

    (a) General. (1) A railroad shall adopt and comply with its written
program of instruction on EEBAs for all of its employees in its general
EEBA program under Sec.  227.211 (subject employees). The program of
instruction shall be maintained at the railroad's system headquarters
and shall be amended, as necessary, to reflect any significant changes.
    (2) This program may be integrated with the railroad's program of
instruction on operating rules under Sec.  217.11 of this chapter or
its program of instruction for hazmat employees under Sec.  172.704 of
this title. If the program is not integrated with either of these
programs, it must be written in a separate document that is available
for inspection by FRA.
    (b) Subject matter. The railroad's program of instruction shall
require that the subject employees demonstrate knowledge of at least
the following:
    (1) Why the EEBA is necessary and how improper fit, usage, or
maintenance can compromise the protective effect of the EEBA.
    (2) The capabilities and limitations of the EEBA, particularly the
limited time for use.
    (3) How to use the EEBA effectively in emergency situations,
including situations in which the EEBA malfunctions.
    (4) How to inspect, put on, remove, and use the EEBA, and how to
check the seals of the EEBA.
    (5) Procedures for maintenance and storage of the EEBA that must be
followed.
    (6) The EEBA-selection criteria in Sec.  227.203.
    (7) The requirements of this subpart related to the
responsibilities of employees and the rights of employees to have
access to records.

    (8) The hazardous materials classified as asphyxiants and PIH
materials.
    (c) Dates of initial instruction and intervals for periodic
instruction. (1) The instruction shall be provided for current subject
employees on an initial basis no later than 30 days prior to the date
of compliance identified in Sec.  227.217 or for new subject employees,
before assignment to jobs where the deployment of EEBAs on a locomotive
is required.
    (2) Initial instruction shall be supplemented with periodic
instruction at least once every three years.
    (d) Records of instruction. A railroad shall maintain a record of
employees provided instruction in compliance with this section and
retain these records for three years.

Sec.  227.211  Requirement to implement a general EEBA program;
criteria for placing employees in the general EEBA program.

    (a) In general. A railroad shall adopt and comply with a
comprehensive, written, general program to implement this subpart that
shall be maintained at the railroad's system headquarters. Each
railroad shall amend its general EEBA program, as necessary, to reflect
any significant changes.
    (b) Elements of the general EEBA program and criteria for placing
employees in program. A railroad's general EEBA program shall--
    (1) Identify the individual that implements and manages the
railroad's general EEBA program by name, title, and contact
information. The individual must have suitable training and sufficient
knowledge, experience, skill, and authority to enable him or her to
manage properly a program for provision of EEBAs. If the individual is
not directly employed by the railroad, the written program must
identify the business relationship of the railroad to the individual
fulfilling this role.
    (2) Describe the administrative and technical process for selection
of EEBAs appropriate to the hazards that may be reasonably expected.
    (3) Describe the process used to procure and provide EEBAs in a
manner to ensure the continuous and ready availability of an EEBA to
each of the railroad's employees identified in Sec.
227.201(a)(1)(i)(A)-(D) (while actually occupying the locomotive cab of
a freight train in service transporting an asphyxiant or a PIH
material). This description shall include--
    (i) A description of the method used for provision of EEBAs,
including whether the EEBAs are individually assigned to employees,
installed on locomotives as required equipment, or provided by other
means. If EEBAs are installed on locomotives as required equipment, the
means of securement shall be designated.
    (ii) The decision criteria used by the railroad to identify trains
in which provision of EEBAs is not required.
    (iii) A description of what procedures will govern the railroad at
interchange to ensure that the locomotive cab in each in-service
freight train transporting an asphyxiant or a PIH material has an EEBA
accessible to each of the employees identified in Sec.
227.201(a)(1)(i)(A)-(D) while in the cab of the locomotive, including
what procedures are in place to ensure that the EEBAs provided satisfy
the EEBA-selection criteria in Sec.  227.203, satisfy the EEBA-storage
criteria in Sec.  227.205, and have been inspected and are in working
order pursuant to the requirements in Sec.  227.207.
    (4) Ensure that each of the following employees, except those
excluded by Sec.  227.201(b), whose duties require regular work in the
locomotive cabs of in-service freight trains transporting an asphyxiant
or a PIH material, including a residue of an asphyxiant or a PIH
material, has the required EEBA available when he or she does occupy
the cab of such a train and knows how to use the EEBA:
    (i) Employees who perform service subject to 49 U.S.C. 21103 (train
employees) on such trains;
    (ii) Direct supervisors of train employees on such trains;
    (iii) Deadheading employees on such trains; and
    (iv) Any other employees designated by the railroad in writing and
at the discretion of the railroad.
    (c) Records of positions or individuals or both in the railroad's
general EEBA program. A railroad shall maintain a record of all
positions or individuals, or both, who are designated by the railroad
to be placed in its general EEBA program pursuant to Sec.
227.211(b)(4). The railroad shall retain these records for the duration
of the designation and for one year thereafter.
    (d) Consolidated programs. A group of two or more commonly
controlled railroads subject to this subpart may request in writing
that the Associate Administrator for Railroad Safety/Chief Safety
Officer (Associate Administrator) treat them as a single railroad for
purposes of adopting and complying with the general EEBA program
required by this section. The request must list the parent corporation
that controls the group of railroads and demonstrate that the railroads
operate in the United States as a single, integrated rail system. The
Associate Administrator will notify the railroads of his or her
decision in writing.

Sec.  227.213  Employee's responsibilities.

    (a) An employee to whom the railroad provides an EEBA shall--
    (1) Participate in training under Sec.  227.209;
    (2) Follow railroad procedures to ensure that the railroad's
EEBAs--
    (i) Are maintained in a secure and accessible manner;
    (ii) Are inspected as required by this subpart and the railroad's
program of inspection; and
    (iii) If found to be unserviceable upon inspection, are turned in
to the appropriate railroad facility for repair, periodic maintenance,
or replacement; and
    (3) Notify the railroad of EEBA failures and of use incidents in a
timely manner.
    (b) No employee shall willfully tamper with or vandalize an EEBA
that is provided pursuant to Sec.  227.201(a) in an attempt to disable
or damage the EEBA.

Sec.  227.215  Recordkeeping in general.

    (a) Availability of records. (1) A railroad shall make all records
required by this subpart available for inspection and copying or
photocopying to representatives of FRA, upon request.
    (2) Except for records of pre-trip inspections of EEBAs under Sec.
227.207, records required to be retained under this subpart must be
kept at the system headquarters and at each division headquarters where
the tests and inspections are conducted.
    (b) Electronic records. All records required by this subpart may be
kept in electronic form by the railroad. A railroad may maintain and
transfer records through electronic transmission, storage, and
retrieval provided that all of the following conditions are met:
    (1) The electronic system is designed so that the integrity of each
record is maintained through appropriate levels of security such as
recognition of an electronic signature, or other means, which uniquely
identify the initiating person as the author of that record. No two
persons have the same electronic identity.
    (2) The electronic system ensures that each record cannot be
modified in any way, or replaced, once the record is transmitted and
stored.
    (3) Any amendment to a record is electronically stored apart from
the record that it amends. Each amendment to a record is uniquely
identified as to the individual making the amendment.
    (4) The electronic system provides for the maintenance of records
as originally

submitted without corruption or loss of data.
    (5) Paper copies of electronic records and amendments to those
records that may be necessary to document compliance with this subpart
are made available for inspection and copying or photocopying by
representatives of FRA.

Sec.  227.217  Compliance dates.

    (a) Class I railroads subject to this subpart are required to
comply with this subpart beginning no later than 24 months from the
effective date of the final rule.
    (b) Class II railroads subject to this subpart are required to
comply with this subpart beginning no later than 30 months from the
effective date of the final rule.
    (c) Class III railroads subject to this subpart and any other
railroads subject to this subpart are required to comply with this
subpart beginning no later than 36 months from the effective date of
the final rule.

Appendix G to Part 227--Schedule of Civil Penalties [AMENDED]

    10. In appendix G, remove ``Subpart B--General Requirements''
and add in its place ``Subpart B--Occupational Noise Exposure for
Railroad Operating Employees''.

    Issued in Washington, DC, on September 28, 2010.
Karen J. Rae,
Deputy Administrator, Federal Railroad Administration.

    Note: The following appendices will not appear in the Code of
Federal Regulations.

BILLING CODE 4910-06-P

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[FR Doc. 2010-24732 Filed 10-4-10; 8:45 am]
BILLING CODE 4910-06-C


[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Page 94360]
[FR Doc No: 2016-30979]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ17-5-000]

City of Riverside, California; Notice of Filing

    Take notice that on December 7, 2016, the City of Riverside,
California submitted its tariff filing: City of Riverside, California
2017 Transmission Revenue Balancing Account Adjustment/Existing
Transmission Contracts Update to be effective 1/1/2017.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 28, 2016.

    Dated: December 19, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-30979 Filed 12-22-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53368-53369]
[FR Doc No: 2020-18904]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0581; FRL-10011-03-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Standards for Pesticide Containers and
Containment (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR) Standards for Pesticide Containers
and Containment'' (EPA ICR Number 1632.06 and OMB Control Number 2070-
0133) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA). This is
a proposed extension of the ICR, which is currently approved through
October 31, 2020. Public comments were previously requested via the
Federal Register on December 3, 2019 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may 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: Additional comments may be submitted on or before September 28,
2020.

ADDRESSES: Submit your comments to EPA referencing Docket ID No. HQ-
OPP-2019-0581, online using http://www.regulations.gov (our preferred
method) 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.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Field External Affairs
Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: Insert<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR covers the information collection activities
associated with the pesticide container design and residue removal
requirements and containment structure requirements. With respect to
the container design and residue removal requirements, the information
collection activities are associated with the requirement that
businesses subject to the container regulations (pesticide registrants)
and repackaging regulations (pesticide registrants and refillers)
maintain records of test data, cleaning procedures, certain data when a
container is refilled, and other supporting information. These records
are subject to both call-in by EPA and on-site inspection by EPA and
its representatives. EPA has not established a regular schedule for the
collection of these records, and there is no reporting. With respect to
the containment structure requirements, the information collection
activities are associated with the requirement that businesses subject
to the containment structure regulations maintain records of the: (1)
Monthly inspection and maintenance of each containment structure and
all stationary bulk containers; (2) Duration over which non-stationary
bulk containers holding pesticide and not protected by a secondary
containment unit remain at the same location; and (3) Construction date
of the containment structure. The businesses subject to the containment
structure regulations include agrichemical retailers and refilling
establishments, custom blenders and commercial applicators of
agricultural pesticides. The records have to be maintained by the
owners and operators of such businesses and made available to
inspectors to ensure that businesses are in compliance with containment
requirements. These inspections are generally conducted by the states,
which enforce FIFRA regulations through cooperative agreements with
EPA.
    Form Numbers: None.
    Respondents/Affected Entities: Pesticide registrants and businesses
who formulate pesticide products or pesticide formulation intermediates
(NAICS code 325320), farm supply wholesalers (NAICS code 422910),
swimming pool applicators (NAICS code 561790, 453998 and 235990), and
agricultural (aerial and ground) commercial applicators (NAICS code
115112).
    Respondent's obligation to respond: Mandatory under sections 3, 8,
19, 25 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) (7 U.S.C. 136f, 136q, and 136w).
    Estimated number of respondents: 23,586 (total).
    Frequency of response: On occasion.
    Total estimated burden: 180,763 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated costs: $ 9,033,656 (per year), includes $335,900
annualized capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of 11,103 hours in
the total estimated respondent burden compared with that identified in
the ICR currently

approved by OMB. This increase is in response to comments received from
respondents, including a comment that the development and storage of
documentation associated with the DOT (Department of Transportation)
authorized packaging are not included. This change is an adjustment.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020-18904 Filed 8-27-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Page 47526]
[FR Doc No: 2023-15664]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission will hold an Open Meeting on
Wednesday, July 26, 2023 at 10:00 a.m.

PLACE: The meeting will be webcast on the Commission's website at
www.sec.gov.

STATUS: This meeting will begin at 10:00 a.m. (ET) and will be open to
the public via webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED:
    1. The Commission will consider whether to adopt rules to enhance
and standardize disclosures regarding cybersecurity risk management,
strategy, governance, and incidents by public companies that are
subject to the reporting requirements of the Securities Exchange Act of
1934.
    2. The Commission will consider whether to propose new and amended
rules under the Securities Exchange Act of 1934 and the Investment
Advisers Act of 1940 relating to conflicts of interest associated with
broker-dealers' and investment advisers' use of predictive data
analytics in connection with certain investor interactions.
    3. The Commission will consider whether to propose amendments to
the exemption for internet advisers from the prohibition against
registration under the Investment Advisers Act of 1940.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.
    Authority: 5 U.S.C. 552b.

    Dated: July 19, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-15664 Filed 7-20-23; 11:15 am]
BILLING CODE 8011-01-P