[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60095-60102]
[FR Doc No: 2021-23248]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2020-0101]

Agency Information Collection Activities; Notice and Request for
Comment; Reporting of Information and Documents About Potential Defects

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

ACTION: Notice and request for public comments on a reinstatement with
modification of a previously approved collection of information.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
this notice announces that the Information Collection Request (ICR)
summarized below will be submitted to the Office of Management and
Budget (OMB) for review and approval. The ICR describes the nature of
the information collection and its expected burden. The National
Highway Traffic Safety Administration (NHTSA) invites public comments
about our intention to request Office of Management and Budget (OMB)
approval for an extension of a currently approved information
collection for reporting of information and documents about potential
defects. A Federal Register Notice with a 60-day comment period
soliciting comments on the following information collection was
published on December 29, 2020. No comments were received.

DATES: Comments must be received on or before November 29, 2021.

ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should

be submitted to the Office of Management and Budget at www.reginfo.gov/public/do/PRAMain. To find this particular information collection,
select ``Currently under Review--Open for Public Comment'' or use the
search function.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact, Jeff Quandt, Trends Analysis Division
(NEF-108), Room W48-312, National Highway Traffic Safety
Administration, 1200 New Jersey Ave., Washington, DC 20590. Telephone:
(202) 366-5207. Please identify the relevant collection of information
by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it collects certain information from the public,
and a person is not required to respond to a collection of information
by a Federal agency unless the collection displays a valid OMB control
number. In compliance with these requirements, this notice announces
that the following information collection request will be submitted
OMB.
    A Federal Register notice with a 60-day comment period soliciting
public comments on the following information collection was published
on December 29, 2020 (85 FR 85848). No comments were received.
    Title: Reporting of Information and Documents about Potential
Defects.
    OMB Control Number: 2127-0616.
    Form Number: 2020-28766.
    Type of Request: Reinstatement with modification of a previously
approved information collection.
    Type of Review Requested: Regular.
    Length of Approval Requested: 3 years from date of approval.
    Summary of the Collection of Information: This notice requests
comment on NHTSA's intention to seek approval from OMB to reinstate
with modification a previously approved collection of information, OMB
No. 2127-0616, covering requirements in 49 CFR 579, Reporting of
Information and Communications about Potential Defects. part 579
implements, and addresses with more specificity, requirements from the
Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act (Pub. L. 106-414), which was enacted on November 1, 2000,
and are codified at 49 U.S.C. 30166.
    The purpose of part 579 is to enhance motor vehicle safety by
specifying information and documents that manufacturers of motor
vehicles and motor vehicle equipment must provide to NHTSA with respect
to possible safety-related defects and non-compliances in their
products, including the reporting of safety recalls and other safety
campaigns the manufacturers conduct outside the United States. Under
Part 579, there are three categories of reporting requirements: (1)
Requirements at Sec.  579.5 to submit notices, bulletins, customer
satisfaction campaigns, consumer advisories, and other communications
(found in Subpart A of Part 579); (2) requirements at Sec.  579.11 to
submit information related to safety recalls and other safety campaigns
in foreign countries (found in Subpart B of part 579); and (3)
requirements at Sec. Sec.  579.21-28 to submit Early Warning
Information (found in Subpart C of part 579). The Early Warning
Reporting (EWR) requirements (49 U.S.C. 30166(m); 49 CFR part 579,
subpart C) specify that manufacturers of motor vehicles and motor
vehicle equipment must submit to NHTSA information, periodically or
upon NHTSA's request, that includes specified claims for deaths and
serious injuries, property damage data, communications from customers
and others, and other information that assists NHTSA in identifying
potential safety-related defects. The intent of this information
collection is to provide early warning of such potential safety-related
defects to NHTSA.
    Description of the Need for the Information and Proposed Use of the
Information: The information required under 49 U.S.C. 30166 and 49 CFR
part 579 is used by NHTSA to promptly identify potential safety-related
defects in motor vehicles and motor vehicle equipment in the United
States. When a trend in incidents arising from a potentially safety-
related defect is discovered, NHTSA relies on this information, along
with other agency data, to determine whether to open a defect
investigation.
    Affected Public: Manufacturers of motor vehicles and motor vehicle
equipment.
    Estimated Number of Respondents: NHTSA receives Part 579
submissions from approximately 337 manufacturers per year. Therefore,
we estimate that there will be a total of 337 respondents to this
information collection per year.
    Estimated Total Annual Burden Hours: When this approved information
collection was last renewed in June 2017, NHTSA estimated the annual
burden associated with this collection to be 49,243 burden hours. NHTSA
is updating these estimates to better align with the current volume of
submissions and to include reporting requirements for common green
tires and follow-up sequences (per Sec.  579.28(l)), which were
inadvertently omitted from the previous information collection request.
NHTSA now estimates that the annual burden hours associated with this
collection are 53,810 hours.
    NHTSA estimated the burdens associated with this collection by
calculating the burden associated with submitting information under
each subpart of Part 579. In addition to these burdens, NHTSA also
estimates that manufacturers will incur computer maintenance burden
hours, which are estimated on a per manufacturer basis.

Requirements Under Part 579, Subpart A

    The first component of this collection request covers the
requirements found in Part 579 Subpart A, Sec.  579.5, Notices,
bulletins, customer satisfaction campaigns, consumer advisories, and
other communications. Section 579.5 requires manufactures to furnish
(1) a copy of all notices, bulletins, and other communications sent to
more than one manufacturer, distributor, dealer, lessor, lessee, owner,
or purchaser, in the United States, regarding any defect in its
vehicles or items of equipment (including any failure or malfunction
beyond normal deterioration in use, or any failure of performance, or
any flaw or unintended deviation from design specifications), whether
or not such defect is safety-related and (2) a copy of each
communication relating to a customer satisfaction campaign, consumer
advisory, recall, or other safety activity involving the repair or
replacement of motor vehicles or equipment, that the manufacturer
issued to, or made available to, more than one dealer, distributor,
lessor, lessee, other manufacturer, owner, or purchaser, in the United
States. Manufacturers are required to submit these documents monthly.
Section 579.5 does not require manufacturers to create these documents.
Instead, only copies of these documents must be submitted to NHTSA, and
manufacturers must index these communications and email them to NHTSA
within 5 working days after the end of the month in which they were
issued. Therefore, the burden hours are only those associated with
collecting the documents and submitting copies to NHTSA.
    NHTSA estimates that it receives approximately 24,884 notices a
year. We estimate that it takes about 5 minutes to collect, index, and
send each notice to NHTSA. Therefore, we estimate that it takes 2,074
hours for manufacturers to submit notices as required under

Section 579.5 (24,884 notices x 5 minutes = 124,420 minutes or 2,074
hours).
    To calculate the labor cost associated with submitting Section
579.5 notices, bulletins, customer satisfaction campaigns, consumer
advisories and other communications that are sent to more than one
dealer or owner, NHTSA looked at wage estimates for the type of
personnel submitting the documents. While some manufacturers employ
clerical staff to collect and submit the documents, others use
technical computer support staff to complete the task. Because we do
not know what percent of the work is completed by clerical or technical
computer support staff, NHTSA estimates the total labor costs
associated with these burden hours by looking at the average wage for
the higher paid technical computer support staff. The Bureau of Labor
Statistics (BLS) estimates that the average hourly wage for Computer
Support Specialists (BLS Occupation code 15-1230) in the Motor Vehicle
Manufacturing Industry is $31.39.\1\ The Bureau of Labor Statistics
estimates that private industry workers' wages represent 70.2% of total
labor compensation costs.\2\ Therefore, NHTSA estimates the hourly
labor costs to be $44.72 for Computer Support Specialists. The labor
cost per submission is estimated to be $3.73 ($44.72 x 5 minutes).
NHTSA estimates the total labor cost associated with the 2,074 burden
hours for Sec.  579.5 submissions to be $92,817.32 ($3.73 x 24,884
submissions). Table 1 provides a summary of the burden estimates using
the average annual submission count for monthly reports submitted
pursuant to Sec.  579.5 and the estimated burden hours and labor costs
associated with those submissions.
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    \1\ May 2019 National Industry-Specific Occupational Employment
and Wage Estimates, NAICS 336100--Motor Vehicle Manufacturing, U.S.
Bureau of Labor Statistics, https://www.bls.gov/oes/current/naics4_336100.htm#15-0000. Last Accessed June 17, 2020.
    \2\ Employer Costs for Employee Compensation, U.S. Bureau of
Labor Statistics, https://www.bls.gov/news.release/ecec.t01.htm.
Last Accessed July 30, 2020.

                                                 Table 1--Burden Estimates for Sec.   579.5 Submissions
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                                                                     Estimated
             Average annual Sec.   579.5 submissions                 burden per    Average  hourly   Labor cost per    Total burden    Total labor costs
                                                                     submission       labor cost       submission         hours
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24,884..........................................................       5 minutes           $44.72            $3.73            2,074       $92,817.32 or
                                                                                $92,817
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Requirements Under Part 579, Subpart B (Foreign Reporting)

    The second component of this information collection request covers
the requirements found in Part 579 Subpart B, ``Reporting of Safety
Recalls and Other Safety Campaigns in Foreign Countries.'' Pursuant to
Sec.  579.11, whenever a manufacturer determines to conduct a safety
recall or other safety campaign in a foreign country, or whenever a
foreign government has determined that a safety recall or other safety
campaign must be conducted, covering a motor vehicle, item of motor
vehicle equipment, or tire that is identical or substantially similar
to a vehicle, item of equipment, or tire sold or offered for sale in
the United States, the manufacturer must report to NHTSA not later than
5 working days after the manufacturer makes such determination or
receives written notification of the foreign government's
determination. Section 579.11(e) also requires each manufacturer of
motor vehicles to submit, not later than November 1 of each year, a
document that identifies foreign products and their domestic
counterparts.
    In order to provide the information required for foreign safety
campaigns, manufacturers must (1) determine whether vehicles or
equipment that are covered by a foreign safety recall or other safety
campaign are identical or substantially similar to vehicles or
equipment sold in the United States, (2) prepare and submit reports of
these campaigns to the agency, and (3) where a determination or notice
has been made in a language other than English, translate the
determination or notice into English before transmitting it to the
agency.
    NHTSA estimates that there is no burden associated with determining
whether an individual safety recall covers a foreign motor vehicle or
item of motor vehicle equipment that is identical or substantially
similar to those sold in the United States because manufacturers can
simply consult the list that they are required to submit each year.
Therefore, the only burden associated with making the determination of
whether a foreign safety recall or other safety campaign is required to
be reported to NHTSA is the burden associated with creating the annual
list. NHTSA continues to estimate that it takes approximately 9 hours
per manufacturer to develop and submit the list. The 9 hours are
comprised of 8 attorney hours and 1 hour for IT work. NHTSA receives
these lists from 101 manufacturers, on average, resulting in 909 burden
hours (101 vehicle manufacturers x 8 hours for attorney support = 808
hours) + (101 vehicle manufacturers x 1 hour for IT support = 101
hours).
    NHTSA estimates that preparing and submitting each foreign defect
report (foreign recall campaign) requires 1 hour of clerical staff and
that translation of determinations into English requires 2 hours of
technical staff (note: This assumes that all foreign campaign reports
require translation, which is unlikely). Between 2016 and 2018, NHTSA
received a yearly average of 227 foreign recall reports. NHTSA
estimates that in each of the next three years, NHTSA will receive, on
average, 227 foreign recall reports. NHTSA estimates that each report
will take 3 hours (1 hour to prepare by a clerical employee and 2 hours
for translation). Therefore, NHTSA estimates that the burden hours
associated with submitting these reports will be 681 hours (3 hours per
report x 227 reports).
    Therefore, NHTSA estimates the total annual burden hours for
reporting foreign safety campaigns and substantially similar vehicles/
equipment is 1,590 hours (909 hours for submitting annual lists + 681
hours for submitting foreign recall and safety campaign reports). This
is an increase of 444 burden hours from our previous estimate (1,590
hours for current estimate--1,146 hours for previous estimate). Table 2
provides a summary of the estimated burden hours for Part 579 Subpart B
submissions.

                              Table 2--Burden Hour Estimates for Foreign Reporting
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                                             Annual  number
              Submission type                      of              Burden hours per report         Total burden
                                               submissions                                             hours
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Foreign Recall/Safety-Related Campaign                  227  1 hour clerical + 2 hours                       681
 Report.                                                      translation = 3 hours.
Annual List................................             101  8 hours attorney + 1 hour IT = 9                909
                                                              hours.
                                            --------------------------------------------------------------------
    Total..................................  ..............  ...................................           1,590
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    To calculate the labor cost associated with Part 579 foreign
reporting submissions, NHTSA looked at wage estimates for the type of
personnel submitting the documents. As stated above, NHTSA estimates
that submitting annual lists under Sec.  579.11(e) will involve 8 hours
of attorney time and 1 hour of IT work. The Bureau of Labor Statistics
(BLS) estimates that the average hourly wage for Lawyers (BLS
Occupation code 23-1000) in the Motor Vehicle Manufacturing Industry is
$95.85 \3\ and the average hourly wage for Computer Support Specialists
(BLS Occupation code 15-1230) in the Motor Vehicle Manufacturing
Industry is $31.39.\4\ The Bureau of Labor Statistics estimates that
private industry workers, wages represent 70.2% of total labor
compensation costs.\5\ Therefore, NHTSA estimates the hourly labor
costs to be $136.54 for Lawyers and $44.72 for Computer Support
Specialists. NHTSA estimates the total labor cost associated with
submitting one annual list to be $1,137.04 ($136.54 per hour x 8
attorney hours + $44.72 per hour x 1 IT hour) and $114,841.04 or
$114,841 for all 101 annual lists NHTSA estimates will be submitted
annually.
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    \3\ May 2019 National Industry-Specific Occupational Employment
and Wage Estimates NAICS 336100--Motor Vehicle Manufacturing, U.S.
Bureau of Labor Statistics, https://www.bls.gov/oes/current/naics4_336100.htm#23-0000. Last accessed July 31, 2020.
    \4\ https://www.bls.gov/oes/current/naics4_336100.htm#15-0000.
Last accessed July 31, 2020.
    \5\ Employer Costs for Employee Compensation, U.S. Bureau of
Labor Statistics, https://www.bls.gov/news.release/ecec.t01.htm.
Last accessed July 31, 2020.
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    NHTSA estimates that submitting each foreign recall or safety
campaign report involves 1 hour of clerical work and 2 hours of
translation work. The Bureau of Labor Statistics (BLS) estimates that
the average hourly wage for Office Clerks (BLS Occupation code 43-9061)
in the Motor Vehicle Manufacturing Industry is $20.74 \6\ and the
average hourly wage for Interpreters and Translators (BLS Occupation
code 27-3091) is $27.40.\7\ The Bureau of Labor Statistics estimates
that private industry workers' wages represent 70.2% of total labor
compensation costs.\8\ Therefore, NHTSA estimates the hourly labor
costs to be $29.54 for Office Clerks and $39.03 for Interpreters and
Translators. NHTSA estimates the total labor cost associated with
submitting one foreign recall or safety campaign report to be $107.60
($29.54 per hour x 1 Clerical hour + $39.03 per hour x 2 Translator
hours) and $24,425.20 or $24,425 for all 227 foreign recall or safety
campaign reports NHTSA estimates will be submitted annually.
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    \6\ May 2019 National Industry-Specific Occupational Employment
and Wage Estimates NAICS 336100--Motor Vehicle Manufacturing, U.S.
Bureau of Labor Statistics, https://www.bls.gov/oes/current/naics4_336100.htm#43-0000. Last Accessed June 17, 2020.
    \7\ May 2019 National Occupational Employment and Wage Estimates
United States, U.S. Bureau of Labor Statistics, https://www.bls.gov/oes/current/oes_nat.htm. Last Accessed June 17, 2020.
    \8\ Employer Costs for Employee Compensation, U.S. Bureau of
Labor Statistics, https://www.bls.gov/news.release/ecec.t01.htm.
Last Accessed July 31, 2020.
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    Table 3 provides a summary of the labor costs associated with the
foreign reporting requirements in Part 579, Subpart B. NHTSA estimates
that the total labor costs associated with the annual list requirement
and the requirement to report foreign recalls and safety campaigns is
$139,266 ($114,841 + $24,425).

                           Table 3--Annual Labor Cost Estimates for Foreign Reporting
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   Submission type and labor       Hours per     Hourly labor   Labor cost per     Number of
           category               submission         cost         submission      submissions   Total labor cost
----------------------------------------------------------------------------------------------------------------
Annual List-Lawyer............               8         $136.54       $1,092.32             101  $110,324.32
Annual List-Computer                         1           44.72           44.72             101  4,516.72
 Specialist.
                               ---------------------------------------------------------------------------------
    Totals for Annual List....               9  ..............        1,137.04  ..............  114,841.04 or
                                                                                114,841
--Foreign Recall/Safety-                     1           29.54           29.54             227  6,705.58
 Related Campaign Report-
 Clerical.
--Foreign Recall/Safety-                     2           39.03           78.06             227  17,719.62
 Related Campaign Report-
 Translator.
                               ---------------------------------------------------------------------------------
    Totals for Foreign Recall/               3  ..............          107.60  ..............  24,425.20 or
     Safety Campaign Report.                                                                     24,425
                               ---------------------------------------------------------------------------------
        Total Labor Costs for   ..............  ..............  ..............  ..............  139,266.24 or
         Part 579 Subpart B                                                                      139,266
         Requirements.
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Requirements Under Part 579, Subpart C (Reporting of Early Warning
Information (EWR))

    The third component of this information collection covers the
requirements found in Part 579 Subpart C, ``Reporting of Early Warning
Information.'' Besides production information, there are five major
categories requiring reporting of incidents or claims in Subpart C,
with the specific requirements and applicability of those categories
varying by vehicle and equipment type and, in some circumstances,
manufacturer volume. Sections 579.21-27 require manufacturers to submit
the following: (1) Production information; (2) reports on incidents
involving death or injury in the United States that are identified in
claims or notices alleging that the death or injury was caused by a
possible defect; (3) reports on incidents identified in a claim against
a manufacturer that involve one or more deaths in a foreign country and
involve a vehicle or item of equipment that is identical or
substantially similar to a vehicle or item of equipment that is offered
for sale in the United States; (4) separate reports on the number of
property damage claims, consumer complaints, warranty claims, and field
reports that involve a specified system or event; (5) copies of field
reports; and, for manufacturers of tires, (6) a list of common green
tires (applicable to only tire manufacturers). Section 579.28(l) allows
NHTSA to request additional related information to help identify a
defect related to motor vehicle safety. The regulation specifies the
time frame for reporting for each category. Foreign recalls of
substantially similar vehicles and manufacturer communications are
required to be submitted monthly, substantially similar vehicle
listings are required annually, and all other report types are required
to be submitted on a quarterly basis.

Quarterly Reporting

    Manufacturers are required to report specific information to NHTSA
on a quarterly basis (e.g., 4 times per calendar year). Manufacturers
are required to submit production information,\9\ non-dealer field
reports, aggregate submissions, and death and injury submissions on a
quarterly basis. Estimates of the burden hours and reporting costs are
based on:
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    \9\ Low volume and equipment manufacturers are not required to
submit production information.
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     The number of manufacturers reporting;
     The frequency of required reports;
     The number of hours required per report; and
     The cost of personnel to report.
    The number of hours for reporting ranges from 1 hour for trailer
manufacturers to 8 hours for light vehicle manufacturers (Table 4).
Quarterly reporting burden hours are calculated by multiplying hours
used to report for a given category by the number of manufacturers for
the category and by the four times per year quarterly reporting. Using
these methods and the average number of manufacturers who report
annually, we estimate the annual burden hours for quarterly reporting
of production information at 5,216 hours as detailed below in Table 4.
    NHTSA assumes that 50 percent of the total burden hours are
utilized by technical personnel while clerical staff consumes the
remaining 50 percent. In other words, the hourly wage rate for each
quarterly report is split evenly between technical and clerical
personnel and a weighted hourly rate is developed from this assumption.
Therefore, using the BLS total hourly compensation rates discussed
above of $44.72 for a Computer Support Specialist and $29.54 for an
Office Clerk, the weighted hourly rate is $37.13 (Technical Mean Hourly
Wage of $44.72 x 0.5 + Clerical Mean Hourly Wage of $29.54 x 0.5). The
estimated reporting costs are calculated as follows:

(M x Tp x $37.13 = quarterly cost of reporting) x 4 = annual
cost of reporting*

*M = Manufacturers reporting data in the category; Tp =
Reporting time for the category; $37.13 = Reporting labor cost
compensation rate; 4 = Quarterly reports per year

For example, the estimated reporting cost for light vehicles is
$42,773.76 (36 manufacturers x 8 hours x $37.13 compensation rate x 4
quarters), and the total annual labor costs associated with quarterly
reporting are estimated to be $193,670. Table 4 includes the estimated
burden hours and reporting costs for production information, non-dealer
field reports, aggregate submissions, and death and injury submissions,
as well as the quarterly and annual labor costs associated with
reporting.

                               Table 4--Estimated Manufacturer Annual Burden Hours and Labor Costs for Quarterly Reporting
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                                                                           Quarterly                      Quarterly
                                                           Avg. No. of     hours to    Blended hourly    labor costs    Annual burden     Annual labor
               Vehicle/equipment category                 manufacturers   report per     comp. rate          per          hours for          costs
                                                                         manufacturer                   manufacturer      reporting
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Light Vehicles..........................................            36              8          $37.13         $297.04           1,152         $42,773.76
Medium-Heavy Vehicles...................................            39              5           37.13          185.65             780          28,961.40
Trailers................................................            96              1           37.13           37.13             384          14,257.92
Motorcycles.............................................            15              2           37.13           74.26             120           4,455.60
Emergency Vehicles......................................             8              5           37.13          185.65             160           5,940.80
Buses...................................................            33              5           37.13          185.65             660          24,505.80
Tires...................................................            32              5           37.13          185.65             640          23,763.20
Child Restraints........................................            42              1           37.13           37.13             168           6,237.84
Vehicle Equipment.......................................            36              8           37.13          297.04           1,152          42,773.76
                                                         -----------------------------------------------------------------------------------------------
    Totals..............................................  .............            40  ..............  ..............           5,216      193,670.08 or
                                                                                193,670
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Early Warning Reporting (EWR) Field Data Submissions \10\
---------------------------------------------------------------------------

    \10\ Field data includes incidents identified in claims or
notices involving deaths or injuries and consumer complaint, field
report, property damage claim and warranty claim data.
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    Table 5 provides an average annual submission count for each
category submitted per the requirements of 49 CFR part 579, subpart C:
reports on incidents identified in claims or notices involving death or
injury in the United States; reports on incidents involving one or more
deaths in a foreign country identified in claims involving a vehicle or
item of equipment that is identical or substantially similar to a
vehicle or item of equipment that is offered for sale in the United
States; separate reports on the number of property damage claims,
consumer complaints, warranty claims, and field reports that involve a
specified system or event; copies of field reports; and, for
manufacturers of tires; a list of common green tires; and additional
follow-up information per 579.28(l) related to injury and fatality
claims or comprehensive inquiries. Each reporting category has specific
requirements and types of reports that need to be submitted and we
state ``N/A'' where there is no requirement for that reporting
category.

                                                                   Table 5--Annual Average of EWR Submissions by Manufacturers
                                                                                [2016--2018]
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                                                                   Light      Heavy, med                             Emergency                                Child      Equipment
                      Category of claims                          vehicles     vehicles     Trailers   Motorcycles    vehicles      Buses        Tires      restraints      mfr.        Totals
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Incidents Involving Injury or Fatality in U.S.................       11,124           39           30          133            8           33           58          453            9       11,887
Incidents Involving Fatality in Foreign Country...............          146            6            5            2            0            1            3          167            0          330
Reports on Number of Claims Involving Specific System or Event       10,261          666           91           40            0            0        1,154           NA           NA       12,212
Mfr. Field Reports............................................       66,722       16,639           20        1,301            0            0           NA        3,727           NA       88,409
Common Green Tire Reporting...................................           NA           NA           NA           NA           NA           NA          112           NA           NA          112
Average Number of Follow-Up Sequences per 579.28(l)...........          148           10            3            5            1            1            3           17            2          190
                                                               ---------------------------------------------------------------------------------------------------------------------------------
    Totals:...................................................       88,401       17,360          149        1,481            9           35        1,330        4,364           11      113,140
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    The above updated submission totals represent an 12% increase from
the previously approved information collection. Submission totals for
each category have risen with an average of 11,887 injury and fatality
claims in the United States (previously 9,804 claims), 330 foreign
death claims (previously 101 claims), 12,212 claims involving specific
system or event (previously 11,481 claims), 88,409 manufacturer field
reports (previously 79,297 field reports), 112 common green tire
reports, and 190 injury and fatality or comprehensive inquiry follow-up
sequences per 579.28(l), totaling 113,140 submissions on average
(previously estimated at 100,683 submissions).
    The agency estimates that an average of 5 minutes is required for a
manufacturer to process each report, except for foreign death claims
and follow-up responses. We estimate foreign death claims and follow-up
responses per Sec.  579.28(l) require an average of 15 minutes to
process. Multiplying the total average number of minutes by the number
of submissions NHTSA receives in each reporting category yields the
burden hour estimates found below in Table 6. Our previous estimates of
Early Warning associated burden hours totaled 8,407, and we now update
that total to 9,515 burden hours, a 13.2% increase, associated with the
above noted claim categories.

                     Table 6--Annual Manufacturer Burden Hour Estimates for EWR Submissions
----------------------------------------------------------------------------------------------------------------
                                                    Annual                                           Estimated
              Category of claims                average of EWR    Average time to  process each    annual burden
                                                  submissions             report (min)                 hours
----------------------------------------------------------------------------------------------------------------
Incidents Involving Injury or Fatality in U.S.          11,887  5...............................          990.58
Incidents Involving Fatality in Foreign                    330  15..............................           82.50
 Country.
Reports on Number of Claims Involving Specific          12,212  5...............................        1,017.67
 System or Event.
Mfr. Field Reports............................          88,409  5...............................        7,367.42
Common Green Tire Reporting...................             112  5...............................            9.33
Average Number of Follow-Up Sequences per                  190  15..............................            47.5
 579.28(l).
                                               -----------------------------------------------------------------
    Totals....................................         113,140  ................................           9,515
                                                   Submissions
----------------------------------------------------------------------------------------------------------------

    Thus, the total estimated annual manufacturer burden hours for
Sections 579.21-28 (EWR submissions and quarterly reporting) are 14,731
hours (5,216 (Table 4) + 9,515 (Table 6).
    We have also constructed various estimates of the average five
minutes of labor among the various occupations depending on the type of
claim that was reviewed. Table 7 shows the estimated time allocations
that it will take an individual to review each type of claim (in
minutes) and the weighted hourly rate for individuals involved.

                                 Table 7--Estimated Manufacturer Time Allocation by Claim Type and Weighted Hourly Rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Estimated time (in minutes) to review a claim
                                                              ------------------------------------------------------------------------------------------
                                                                  Lawyer      Engineer                 Technical     Clerical
                          Claim type                              (rate:       (rate      IT  (rate:     (rate:       (rate:                   Weighted
                                                                 $136.54       $63.03       $66.82       $44.72       $29.54     Total time  hourly rate
                                                                  \11\)        \12\)        \13\)        \14\)        \15\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incidents Involving Injury or Fatality in U.S................            3            0            0            0            2            5       $93.74
Incidents Involving Fatality in Foreign Country..............            3           10            0            0            2           15        73.27
Reports on Number of Claims Involving Specific System or                 0            0            0            3            2            5        38.65
 Event.......................................................
Mfr. Field Reports...........................................            0            0            0            3            2            5        38.65
Green Tire Events............................................            0            0            0            0            5            5        29.54
Average Number of Follow-Up Sequences per 579.28(l)..........            3           10            0            0            2           15        73.27
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    \11\ May 2019 National Industry-Specific Wage Estimates,--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Lawyers
(Code 23-1000), $95.85, https://www.bls.gov/oes/current/naics4_336100.htm#23-0000, divided by 70.2% for compensation rate,
https://www.bls.gov/news.release/ecec.t01.htm.
    \12\ May 2019 National Industry-Specific Wage Estimates--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Engineers
(Code 17-2000), $44.25, https://www.bls.gov/oes/current/naics4_336100.htm#17-0000, divided by 70.2% for compensation rate,
https://www.bls.gov/news.release/ecec.t01.htm.
    \13\ May 2019 National Occupational Employment and Wage
Estimates, U.S. Bureau of Labor Statistics, Computer and Information
Analysts (Code 15-1210), $46.91, https://www.bls.gov/oes/current/oes_nat.htm#15-0000, divided by 70.2% for compensation rate, https://www.bls.gov/news.release/ecec.t01.htm.
    \14\ May 2019 National Industry-Specific Wage Estimates--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Computer
Support Analyst (Code 15-1230), $31.39. https://www.bls.gov/oes/current/naics4_336100.htm#15-0000, divided by 70.2% for compensation
rate, https://www.bls.gov/news.release/ecec.t01.htm.
    \15\ May 2019 National Industry-Specific Wage Estimates--Motor
Vehicle Manufacturing, U.S. Bureau of Labor Statistics, Office
Clerks (Code 43-9061), $20.74, https://www.bls.gov/oes/current/naics4_336100.htm#43-0000, divided by 70.2% for compensation rate,
https://www.bls.gov/news.release/ecec.t01.htm.
---------------------------------------------------------------------------

    The total labor costs for claims documents were obtained using the
following formula:

K x T x W = Costs for claim type *

* K = Claims submitted by industry; T = Estimated time spent on a
claim; W = Weighted Hourly Rate.

    Table 8 shows the annual labor costs of reporting EWR information
to NHTSA.

                              Table 8--Estimated EWR Annual Labor Costs by Category
----------------------------------------------------------------------------------------------------------------
                                                Average time
                                   Annual        to process       Weighted        Estimated     Estimated annual
      Category of claims       average of EWR    each report     hourly rate   labor cost per      labor cost
                                 submissions        (min)                        submission
----------------------------------------------------------------------------------------------------------------
Incidents Involving Injury or          11,887               5          $93.74           $7.81         $92,857.28
 Fatality in U.S.............
Incidents Involving Fatality              330              15           73.27           18.32           6,044.78
 in Foreign Country..........
Reports on Number of Claims            12,212               5           38.65            3.22          39,332.82
 Involving Specific System or
 Event.......................
Mfr. Field Reports...........          88,409               5           38.65            3.22         284,750.65
Common Green Tire Reporting..             112               5           29.54            2.46             275.71
Average Number of Follow-Up               190              15           73.27           18.32           3,480.33
 Sequences per 579.28(l).....
                              ----------------------------------------------------------------------------------
    Totals...................         113,140  ..............  ..............  ..............      426,741.56 or
                                                                                426,742
----------------------------------------------------------------------------------------------------------------

Computer Maintenance Burden

    In addition to the burden associated with submitting documents
under each subpart of Part 579, NHTSA also estimates that manufacturers
will incur computer maintenance burden hours associated with the
information collection requirements. The estimated manufacturer burden
hours associated with aggregate data submissions for consumer
complaints, warranty claims, and dealer field reports are included in
reporting and computer maintenance hours. The burden hours for computer
maintenance are calculated by multiplying the hours of computer use
(for a given category) by the number of manufacturers reporting in a
category. NHTSA estimates that light vehicle manufacturers will spend
approximately 347 hours per year on computer maintenance and that other
vehicle manufacturers will spend about 25% as much time as light
vehicle manufacturers on computer maintenance. Therefore, NHTSA
estimates that medium-heavy truck, trailer, motorcycle manufacturers,
emergency vehicle, and bus manufacturers will each spend approximately
86.5 hours on computer maintenance each year. NHTSA estimates that tire
manufacturers and child restraint manufacturers will also spend 86.5
hours on computer maintenance per year. Therefore, NHTSA estimates the
total burden for computer maintenance to be 35,415 hours per year
(based on there being an estimated 36 light vehicle manufacturers, 39
medium-heavy vehicle manufacturers, 96 trailer

manufacturers, 15 motorcycle manufacturers, 8 emergency vehicle
manufacturers, 33 bus manufacturers, 32 tire manufacturers, and 42
child restraint manufactures).
    To calculate the labor cost associated with computer maintenance
hours, NHTSA looked at wage estimates for the type of personnel
submitting the documents. The Bureau of Labor Statistics (BLS)
estimates that the average hourly wage for Computer Support Specialists
(BLS Occupation code 15-1230) in the Motor Vehicle Manufacturing
Industry is $31.39.\16\ The Bureau of Labor Statistics estimates that
private industry workers' wages represent 70.2% of total labor
compensation costs.\17\ Therefore, NHTSA estimates the hourly labor
costs to be $44.72 for Computer Support Specialists. For the estimated
total of 35,415 annual computer maintenance burden hours, NHTSA
estimates the associated labor costs will be approximately $1,583,736.
Table 9 shows the annual estimated burden hours for computer
maintenance by vehicle/equipment category and the estimated labor costs
associated with those burden hours.
---------------------------------------------------------------------------

    \16\ https://www.bls.gov/oes/current/naics4_336100.htm#15-0000.
    \17\ Employer Costs for Employee Compensation, U.S. Bureau of
Labor Statistics, https://www.bls.gov/news.release/ecec.t01.htm.
Last Accessed July 31, 2020.

                               Table 9--Estimated Manufacturer Annual Burden Hours for Computer Maintenance for Reporting
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Hours for
                                                                                computer         Average       Annual burden
                    Vehicle/equipment category                        Avg. No. of     maintenance    hourly labor       hours for      Total labor costs
                                                                     manufacturers        per            cost            computer
                                                                                manufacturer                      maintenance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Light Vehicles....................................................              36             347          $44.72             12,492        $558,642.24
Medium-Heavy Vehicles.............................................              39            86.5           44.72            3,373.5         150,862.92
Trailers..........................................................              96            86.5           44.72              8,304         371,352.88
Motorcycles.......................................................              15            86.5           44.72            1,297.5          58,024.20
Emergency Vehicles................................................               8            86.5           44.72                692          30,946.24
Buses.............................................................              33            86.5           44.72            2,854.5         127,653.24
Tires.............................................................              32            86.5           44.72              2,768         123,784.96
Child Restraints..................................................              42            86.5           44.72              3,633         162,467.76
                                                                   -------------------------------------------------------------------------------------
    Totals........................................................  ..............  ..............  ..............   35,414.5; 35,415      1,583,736.44;
                                                                                1,583,736
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the foregoing, we estimate the burden hours for industry
to comply with the current Part 579 reporting requirements (EWR
requirements, foreign campaign requirements and Part 579.5
requirements) to be 53,810 hours per year. The total annual burden
hours for this information collection consisting of manufacturer
communications under Section 579.5 (Subpart A), foreign reporting
(Subpart B), EWR submissions and reporting (Subpart C), and computer
maintenance is outlined in Table 9 below.

      Table 9--Total Manufacturer Burden Hours for this Collection
------------------------------------------------------------------------
                                                           Annual burden
                     Reporting type                            hours
------------------------------------------------------------------------
Subpart A: Manufacturer Communications Sec.   579.5                2,074
 (Table 1)..............................................
Subpart B: Foreign Reporting (Table 2)..................           1,590
Subpart C: EWR Submissions and Quarterly Reporting                14,731
 (Tables 4 & 6).........................................
Computer Maintenance....................................          35,415
                                                         ---------------
  Total.................................................          53,810
------------------------------------------------------------------------

    The burden estimates represent an overall increase in burden hours
of 4,567 hours. The increase in burden hours is due to increases in the
number of submissions and modifying this request to include reporting
for common green tires and additional information requested by NHTSA
per Section 579.28(l) that were left out of the previous information
collection request. The wage estimates have been adjusted to reflect
the latest available rates from the Bureau of Labor Statistics.
    Estimated Total Annual Burden Cost: NHTSA estimates the collection
requires no additional costs to the respondents beyond the labor costs
associated with the burden hours to collect and submit the reports to
NHTSA and the labor hours and associated labor costs for computer
maintenance.
    Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) ways to enhance
the quality, utility and clarity of the information to be collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

Stephen A. Ridella,
Director, Office of Defects Investigation.
[FR Doc. 2021-23248 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Proposed Rules]
[Pages 28547-28550]
[FR Doc No: 2013-11476]

=======================================================================
-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0402; FRL-9811-8]

Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Permit Exemption Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Wisconsin State
Implementation Plan (SIP) submitted by the Wisconsin Department of
Natural Resources (WDNR) on April 23, 2008. WDNR has submitted for
approval revisions that exempt certain sources of air pollution from
construction permit requirements. EPA is proposing to approve these
revisions because they are consistent with Federal regulations
governing state permit programs.

DATES: Comments must be received on or before June 14, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2008-0402, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2008-0402. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to section I of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Andrea Morgan, Environmental Engineer,
at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Andrea Morgan, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What revisions did WDNR submit?
III. Does this submittal comply with Federal regulations?
IV. Do the revisions comply with section 110(l) of the Clean Air
Act?
V. What action is EPA taking on this submittal?
VI. Statutory and Executive Order Reviews.

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What revisions did WDNR submit?

    Wisconsin submitted revisions to its rules NR 406 (requirements for
construction permits), NR 407 (requirements for operation permits), and
NR 410 (requirements for fees) on April 23, 2008. The submittal
requests that EPA approve the following revisions to WDNR's SIP: (1)
renumber and create NR 406.02(1) and 406.04(4)(h); (2) create NR
406.04(1)(zh), NR 406.04(1q), NR 406.04(4)(i), NR 407.03(1m), and NR
410.03(1)(f); and (3) amend NR 410.03(1)(d).
    In a letter dated March 25, 2013, Wisconsin provided additional
information as required by section 110(l) of the Clean Air Act (the
Act) to demonstrate that ``the revision would not interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 7501 of this title [section

171]), or any other applicable requirement of this Act.'' In this
letter WDNR also clarified that the revisions to NR 407.03(1m) are not
to be approved into its SIP at this time but will be included in a
future title V approval package request.
    The revisions submitted will exempt sources of air pollution whose
actual emissions are under 10 tons per year (tpy) of each criteria
pollutant, particulate matter of 10 micrometers or less
(PM10), sulfur dioxide (SO2), nitrogen oxides
(NOX), carbon monoxide (CO) and volatile organic compounds
(VOC), and less than 0.5 tpy of lead, and that are not subject to
Federal air pollution requirements for hazardous air pollutants under
section 111 or 112 of the Act from the requirement to obtain a
construction permit. The revisions will also exempt construction or
modification projects that emit less than 1,666 pounds of criteria
pollutants per month, averaged over a 12 consecutive month period, and
less than 10 pounds of lead per month, averaged over a 12 consecutive
month period from construction permitting requirements.
    WDNR submitted the following revisions to NR 406, Wisconsin's
construction permit provision. NR 406.02(1) is renumbered to NR
406.02(1m). NR 406.02(1) is created to add a definition for ``clean
fuel.'' NR 406.04(1)(zh)1. and 406.04(1)(zh)2. are created to provide
for an exemption from construction permit requirements for sources that
qualify for the exemption under NR 407.03(1m).
    NR 406.04(1q) is created to exempt sources from construction permit
requirements if the following criteria are met: (1) The owner or
operator has a facility-wide operation permit or has submitted an
application for a facility-wide operation permit; (2) actual emissions
from the constructed or modified units do not exceed (a) 1,666 pounds
per month averaged over 12 months for criteria pollutants, and (b) 10
pounds per month averaged over 12 months for lead; (3) none of the
constructed or modified units requires a new Best Available Control
Technology or Lowest Achievable Emission Rate determination under NR
445 (Wisconsin's hazardous air pollutant rules); (4) none of the
constructed or modified units are subject to new permitting
requirements under NR 405 or 408 (Wisconsin's Prevention of Significant
Deterioration (PSD) and nonattainment New Source Review (NSR) rules) as
a result of the project; (5) the owner or operator submits an
application for an operation permit revision, prior to commencing
construction and (a) proposes monitoring in accordance with the
monitoring requirements in NR 430.055, and (b) commences such
monitoring and maintains records to demonstrate compliance with any
applicable emission limitation; (6) the owner or operator submits a
claim of exemption from construction permitting requirements; and (7)
the constructed or modified unit does not trigger an emissions
limitation or requirement under sections 111 or 112 of the Act.
    NR 406.04(4)(h) is created to exempt changes in the method of
operation for process lines emitting VOCs from construction permitting
requirements if: (1) the change does not result in annual potential VOC
emissions that exceed the currently allowed annual potential VOC
emissions; and (2) the change does not trigger a requirement under
sections 111 or 112 of the Act.
    NR 406.04(4)(i) is created to exempt a change to an external
combustion furnace to allow combustion of a clean fuel from
construction permitting requirements if the following three criteria
are met: (1) The external combustion furnace has a maximum heat input
capacity of 10 million British thermal units per hour (mmBtu/hour) for
distillate oil and 25 mmBtu/hr for natural gas or propane; (2) the use
of the new fuel does not cause or exacerbate the exceedance of any
ambient air quality standard or increment; and (3) the change does not
trigger a requirement under section 111 or 112 of the Act.
    In the original submission, WDNR requested for provisions in NR
407, which pertain to operation permit requirements, to be approved
into the SIP. However, in a letter dated March 25, 2013, WDNR withdrew
the NR 407 provisions from the SIP submittal.
    NR 410 contains Wisconsin's air permit, emission, and inspection
fees. WDNR amended NR 410.03(1)(d) to create subparagraph (f), which
requires a fee for each construction permit exemption claim.
    WDNR held public hearings on June 27, 28 and 29, 2006, for these
proposed revisions. WDNR proposed the rule revisions to the Wisconsin
Natural Resources Board for adoption in August 2006, and the Board
approved the rule revisions, which were published in the Wisconsin
Register on May 31, 2007, and became effective on June 1, 2007.

III. Does this submittal comply with Federal regulations?

    EPA has evaluated WDNR's proposed revisions to the Wisconsin SIP in
accordance with the Federal requirements governing state permitting
programs. The revisions described in section II, above, will exempt
certain sources of air pollution from construction permit requirements.
As discussed further below, EPA is proposing to approve these revisions
because they are consistent with Federal regulations.
    Construction permitting requirements, including emissions
thresholds for major sources of air pollution, are defined in the
Federal PSD program (See 40 CFR 51.166). Wisconsin rule NR 405 contains
its PSD program requirements. Permitting requirements for major sources
of air pollution in nonattainment areas are defined in the Federal NSR
program (See 40 CFR 51.165). Wisconsin rule NR 408 contains its
nonattainment area permitting requirements. WDNR's proposed rule
changes do not request any revision to NR 405 or NR 408, nor is the
permit exemption proposed in this SIP submittal allowed if an emission
unit constructed, modified, replaced, relocated, or reconstructed is
subject to the requirements of NR 405 or 408, as approved into the SIP
at 73 FR 76560 (December 17, 2008), as a result of the project. While
the proposed exemption is based on actual emissions, if the potential
to emit (PTE) of a project exceeds the significant net emission
increase threshold under NR 405 or NR 408, the project is not eligible
for the exemption under NR 406.04(1q)(d). This requirement is included
in NR 406.04(1q)(d), which states that NR 406.04(1q) does not provide
an exemption from construction permit requirements for a source that is
required to obtain a permit under NR 405 or 408.
    Facilities and projects that are non-major are governed by the
minor NSR permitting program. The Federal requirements for minor source
programs are outlined 40 CFR 51.160 through 51.164. In general, the
purpose of a permitting authority's minor source program is to attain
and maintain the National Ambient Air Quality Standards (NAAQS). The
minor NSR program requirements, which are set forth in 40 CFR 51.160,
require a state or permitting authority to have a program: (1) to
determine ``whether construction or modification'' of a source will
interfere with the SIP or attainment or maintenance of the NAAQS; and,
(2) to include procedures to ``prevent the construction or
modification'' of the source if it would interfere with the SIP or
attainment or maintenance of the NAAQS. While the PSD program provides
certain emissions thresholds for permitting, the minor NSR program

does not set forth any such permit applicability thresholds.
    Wisconsin's current rules at NR 406 contain two types of exemptions
from construction and operation permit requirements. The first type are
exemptions which apply to a specific list of processes, emission units,
or activities that are excluded from the minor NSR permitting program,
and the second type are general exemptions based on emissions
applicability thresholds. The exemptions proposed in this SIP revision
are emissions applicability thresholds based exemptions and are similar
to the general emissions based exemptions in WDNR's existing SIP
approved rules.
    The August 21, 2006, (71 FR 48696) proposed ``Review of New Sources
and Modifications in Indian Country'' (Tribal Minor NSR Rule),
discusses minor NSR permit thresholds. It states, ``The Federal
regulations for minor source programs are considerably less detailed
than the requirements for major sources. As a result, there is a wider
variety of programs and requirements for these ``non-major''
preconstruction activities and there is a great deal of variation among
State minor NSR permitting programs.'' (71 FR 48700).
    This rule also states that, `` . . . a number of State programs
have established cutoff levels or minor NSR thresholds, below which
sources are exempt from their minor NSR rules.'' (71 FR 48701). The
rule further provides, `` . . . there is variation in State approaches
to minor NSR applicability. Some States do not prescribe source
applicability thresholds, instead providing a list of emission units
and activities that are excluded from minor NSR. Many of the States
that do have applicability thresholds also provide a list of excluded
emission units and activities.'' (71 FR 48701).
    In the rule, EPA proposes 10 tpy as the minor NSR permitting
threshold for CO, NOX, SO2, and PM in attainment
areas. The rule states that ``We consider the proposed thresholds to be
representative of such thresholds in State minor NSR programs, and we
believe that these limits will be appropriate for use in Indian
country.'' (71 FR 48702). In addition, the rule provides, ``Section
110(a)(2)(C) of the Act requires minor NSR programs to assure that the
NAAQS are attained and maintained. Applicability thresholds are proper
in this context provided that the sources and modifications with
emissions below the thresholds are inconsequential to attainment and
maintenance of the NAAQS. As discussed further, the minor NSR
thresholds that we are proposing today meet this criterion.'' (71 FR
48701).
    WDNR's proposal for a 10 tpy permitting exemption is consistent
with EPA's Federal minor NSR program requirements. As discussed in more
detail below, in accordance with minor NSR program requirements, WDNR
will have enforceable procedures to prevent construction or
modification of a source if it would violate any SIP requirement or
interfere with attainment or maintenance of the NAAQS.
    WDNR's regulations require that an air dispersion modeling analysis
be performed when any construction permit is issued, as well as for the
issuance of certain operation permits. The modeling analysis accounts
for emissions from the facility, as well as background concentrations
and contributions from surrounding sources, to determine whether any
NAAQs are exceeded. If a project is exempt from construction permitting
requirements, WDNR still requires that any source that has an increase
in emissions of a pollutant go through dispersion modeling during the
operation permit issuance process. (A modeling analysis is also
required during the operation permit review if any modeling parameter
has been negatively changed such that there could be an increase.)
Therefore, if any exceedance of the NAAQS resulted from the exempt
installation or modification of any source, it would be detected during
the operation permit review process. In addition, the emissions from
any source or project qualifying for these proposed permit exemptions
are still accounted for in the ambient concentration when modeling
analyses are performed for other permits.
    Even if a source qualifies for an exemption from construction
permit requirements, nothing in the proposed revisions relieves any
source from the requirement to submit its yearly emissions for
inclusion in the emissions inventory if it is required to do so. The
Air Emissions Management System requires the owner or operator of a
source to calculate actual annual emissions for reporting to the
inventory. The data in the emissions inventory can also be used to
verify that any exemption based on the proposed 10 tpy exemption is
being met. In addition, the proposed SIP revision contains criteria
which must be met by applicants in order to qualify for the proposed
exemptions.
    NR 406.04(1q)(6) requires the facility to submit a claim for the
exemption to WDNR. WDNR is also required to respond to the construction
permit exemption claim submitted.
    NR 406.04(1q)(1) and (5) for construction or modification projects
requires the source to have an operation permit or have submitted an
operation permit application, as well as having submitted an
application for the operation permit revision to permit the change.
    Furthermore, the proposed exemption from construction permitting
does not exempt the source from control technology reviews. In the
supplement to its original submittal dated March 25, 2013, WDNR states
that ``Control technology reviews will be conducted during the
operation permit initial issuance, renewal or revision process as
appropriate''.
    The proposed exemptions under NR 406(1q) and NR 406.04(4)(h) and
(i) are not allowed if a requirement under sections 111 or 112 of the
Act is triggered. Section 111 contains the New Source Performance
Standards, and section 112 contains the National Emissions Standards
for Hazardous Air Pollutants.
    In addition, Wisconsin Stat. 285.63 contains the criteria for
permit approval, and requires that the source will meet all applicable
emission limitations, the source will not violate or exacerbate
violation of air quality standard or ambient air increment, and the
source will not preclude construction or operation of another source.
If emissions will exceed the 10 tpy threshold, the facility is required
to obtain a construction permit prior to operation above the threshold.
Failure to do so is a violation and will result in an appropriate
enforcement action.
    EPA has determined that WDNR's submitted revisions will comply with
Federal permitting program requirements, based on WDNR's proposed
emissions thresholds for the exemption, the criteria required for the
exemption, the modeling requirements in WDNR's permitting programs,
EPA's approval of similar rules, and the requirements of the minor
source program.

IV. Do the revisions comply with section 110(l) of the Clean Air Act?

    Section 110(l) of the Act states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the Act. The revisions to Wisconsin's SIP to exempt certain sources of
air pollution from construction permit requirements will not interfere
with attainment,

reasonable further progress, or any other applicable requirement of the
Act.
    As described in section III above, EPA believes that the proposed
revisions to Wisconsin's SIP meet Federal requirements and will not
interfere with attainment or reasonable further progress. Sources
exempt from obtaining a construction permit will continue to be subject
to all applicable requirements and compliance demonstration methods per
Wisconsin's air pollution regulations. Sources that receive a permit
exemption will still be required to undergo a control technology review
during operation permit initial issuance, renewal, or revision as
appropriate. All sources will be required to conduct monitoring and
maintain records sufficient to demonstrate compliance with Wisconsin's
regulatory requirements. Additionally, any source required to submit an
air emission inventory report of annual actual emissions above
thresholds in NR 438, will still be required to submit this report.
Furthermore, since an exemption from the requirement to obtain a
construction permit does not exempt the facility from meeting the air
quality standards and increments, all exempt sources will be included
in any analysis of increment consumption at nearby facilities as
required in NR 406.07.

V. What action is EPA taking on this submittal?

    EPA is proposing to approve revisions to Wisconsin rules NR 406 and
410, submitted by the State on April 23, 2008. The SIP revisions
submitted, described in section II, above, are consistent with Federal
regulations governing state permitting programs. See section III,
above. EPA is also soliciting comment on this proposed approval.

VI. Statutory and Executive Order Reviews

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

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 25, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-11476 Filed 5-14-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63841-63843]
[FR Doc No: 2023-20100]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0770]
RIN 1625-AA87

Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing one temporary, 500-yard
radius, moving security zone for certain vessel carrying Certain
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and the
La Quinta Channel. The temporary security zone is needed to protect the
vessels, the CDC cargo, and the surrounding waterway from terrorist
acts, sabotage, or other subversive acts, accidents, or other events of
a similar nature. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi or a designated representative.

DATES: This rule is effective without actual notice from September 15,
2023, until September 18, 2023. For the purposes of enforcement, actual
notice will be used from September 12, 2023, until September 15, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0770 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is

impracticable. The Coast Guard must establish this security zone by
September 12, 2023, to ensure security of this vessel and lacks
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to provide for the security of these vessels.

III. Legal Authority and Need for Rule

    The Coast Guard may issue security zone regulations under authority
in 46 U.S.C. 70051 and 70124. The Captain of the Port Sector Corpus
Christi (COTP) has determined that potential hazards associated with
the transit of the Motor Vessel (M/V) RIOJA KNUTSEN, when loaded, will
be a security concern within a 500-yard radius of the vessel. This rule
is needed to provide for the safety and security of the vessel, their
cargo, and surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature while
it is transiting within Corpus Christi, TX, from September 12, 2023,
through September 18, 2023.

IV. Discussion of the Rule

    The Coast Guard is establishing one 500-yard radius temporary
moving security zone around M/V RIOJA KNUTSEN. The vessel names will be
clearly marked on the port, starboard, and stern. The zone for the
vessel will be enforced from September 12, 2023, through September 18,
2023. The duration of the zone is intended to protect the vessel and
cargo and surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature. No
vessel or person will be permitted to enter the security zones without
obtaining permission from the COTP or a designated representative.
    Entry into this security zone is prohibited unless authorized by
the COTP or a designated representative, who will be on scene to
enforce the security zone. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of USCG Sector Corpus
Christi. Persons or vessels desiring to enter or pass through the zone
must request permission from the COTP or a designated representative on
VHF-FM channel 16 or by telephone at<PHONE_NUMBER>. If permission is
granted, all persons and vessels shall comply with the instructions of
the COTP or designated representative. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as appropriate for the enforcement times
and dates for each security zone.

V. Regulatory Analyses

    We developed this 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
duration, and location of the security zones. This rule will impact a
small, designated area of 500-yards around the moving vessel in the
Corpus Christi Ship Channel and the La Quinta Channel as the vessel
transit the channel over a seven day period. Moreover, the rule allows
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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary security zones may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    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 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.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined 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 rule involves moving security zones lasting for the
duration of time that the M/V RIOJA KNUTSEN is within the Corpus
Christi Ship Channel and La Quinta Channel while loaded with cargo. It
will prohibit entry within a 500-yard radius of M/V RIOJA KNUTSEN while
the vessel is transiting loaded within Corpus Christi Ship Channel and
La Quinta Channel. It is categorically excluded from further review
under L60(a) in Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-0770 to read as follows:

Sec.  165.T08-0770  Security Zones; Corpus Christi Ship Channel, Corpus
Christi, TX.

    (a) Location. The following area is a moving security zone: All
navigable waters encompassing a 500-yard radius around the M/V RIOJA
KNUTSEN while the vessel is in the Corpus Christi Ship Channel and La
Quinta Channel.
    (b) Enforcement period. This section will be enforced from
September 12, 2023, through September 18, 2023.
    (c) Regulations. (1) The general regulations in Sec.  165.33 apply.
Entry into the zone is prohibited unless authorized by the Captain of
the Port Sector Corpus Christi (COTP) or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of USCG Sector Corpus Christi.
    (2) Persons or vessels desiring to enter or pass through the zones
must request permission from the COTP Sector Corpus Christi on VHF-FM
channel 16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
these security zones.

    Dated: September 12, 2023.
Jason Gunning,
Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
[FR Doc. 2023-20100 Filed 9-15-23; 8:45 am]
BILLING CODE 9110-04-P