[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20558-20559]
[FR Doc No: 2015-08727]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0398; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-
2013-0022]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
13 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective May 19, 2015. Comments must be
received on or before May 18, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2008-
0398; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2013-0022], using any of
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 13 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 13 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Luis A. Bejarano (AZ), Richard T. Berendt (OH), James O. Cook (GA),
Alfred D. Hewitt (IL), Wesley J. Jenkins (NV), Mark A. Kleinow (IA),
Kevin R. Lambert (NC), James P. Lanigan (OH), Nusret Odzakovic (FL),

Raymond J. Paiz (CA), Scott W. Schilling (ND), Randy E. Sims (WA), Mark
E. Studer (KS).

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 13 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (74 FR 7097; 74 FR 15584; 76 FR 15361; 76 FR 17481; 76 FR
18824; 76 FR 28125; 76 FR 29024; 78 FR 12815; 78 FR 16761; 78 FR 22602;
78 FR 24300; 79 FR 24298). Each of these 13 applicants has requested
renewal of the exemption and has submitted evidence showing that the
vision in the better eye continues to meet the requirement specified at
49 CFR 391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past two years indicates each
applicant continues to meet the vision exemption requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2008-0398; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2013-
0022), indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2008-0398; FMCSA-2011-0024; FMCSA-
2011-0057; FMCSA-2013-0022'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2008-0398; FMCSA-2011-0024; FMCSA-2011-0057; FMCSA-2013-0022''
in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket
Folder'' button choose the document listed to review. If you do not
have access to the Internet, you may view the docket online by visiting
the Docket Management Facility in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except
Federal holidays.

    Issued on: April 10, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08727 Filed 4-15-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Rules and Regulations]
[Pages 24336-24338]
[FR Doc No: 2023-08188]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0231]
RIN 1625-AA09

Drawbridge Operation Regulation; Old River, Between Victoria
Island and Byron Tract, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the draw of the California Department of
Transportation (Route 4) highway bridge, mile 14.8 between Victoria
Island and Byron Tract, CA. This action is necessary to allow the
bridge owner to complete rehabilitation of the bridge after an
unexpected delay in construction material delivery related to the
COVID-19 pandemic, vandalism, and inclement weather.

DATES: This temporary interim rule is effective from April 20, 2023
through 5 p.m. on November 30, 2023.
    Comments and related material must reach the Coast Guard on or
before May 22, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0231) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call or email Carl Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
Caltrans California Department of Transportation
CADFW California Department of Fish and Wildlife
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary interim 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), 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. This bridge is non-operational and will be non-
operational until rehabilitation work can be completed.
    On October 27, 2022 the Coast Guard issued a General Deviation
which allowed the bridge owner, Caltrans, to deviate from the current
operating schedule in 33 CFR 117.183 to conduct major mechanical and
electrical rehabilitation of the bridge. Due to delays in procuring
materials, vandalism of critical electrical submarine cables, and an
active winter storm season, the project will run past the end date of
April 23, 2023 of the General Deviation. The bridge cannot be brought
back to operating condition until the delivery of the critical Program
Logic Control circuit and the replacement or repairs to the submarine
cable can be made. Therefore, there is insufficient time to provide a
reasonable comment period and then consider those comments before
issuing the modification.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest due to the fact that the bridge is currently inoperable
and will not be back into operation until the rehabilitation work can
be completed.
    We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating
schedule that governs the California Department of Transportation
(Route 4) highway bridge, mile 14.8 between Victoria Island and Byron
Tract, CA. The Caltrans Route 4 highway bridge has a vertical
clearance, in the closed position, of 12.7 feet at mean high water and
unlimited vertical clearance when opened.
    The existing drawbridge regulation, 33 CFR 117.183, states that the
draw of the California Department of Transportation (Route 4) highway
bridge, mile 14.8 between Victoria Island and Byron Tract, shall open
on signal if at least four hours notice is given to the drawtender at
the Rio Vista bridge across the Sacramento River, mile 12.8. Caltrans,
the bridge owner, has requested this modification as additional time is
required to complete the bridge rehabilitation.
    Drawtender logs, during a previous test deviation conducted May 5,
2021 to August 7, 2021, recorded the following number of CADFW vessel
openings: four in May, eight in June, four in July, and two in August.
One survey vessel passed in July. No recreational or commercial vessels
requested an opening of the bridge span during that 90-day test
deviation.

IV. Discussion of the Rule

    The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the California
Department of Transportation (Route 4) highway bridge, mile 14.8
between Victoria Island and Byron Tract, CA. This rule allows the
bridge to be secured in the closed-to-navigation position through 5
p.m. on November 30, 2023.
    As part of the rehabilitation of the bridge, Caltrans has removed
and is replacing all the electronics as well as key mechanical
components that control the operation of the swing span. On January 31,
2023, vandals caused damage to one of the three newly installed custom-
made submarine cables. On April 1, 2023 the contractor informed
Caltrans that the custom-made Program Logic Control circuit, which is
the circuit that controls the operation of the swing span, was delayed
due to supply chain issues. These two critical components of bridge
operations, as well as an active storm season, have caused the delay of
the completion of the rehabilitation of the bridge. Currently, the
swing span remains inoperable until rehabilitation work is completed.
The anticipated completion of the rehabilitation work is November 30,
2023.

V. Regulatory Analyses

    We developed this temporary interim 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.

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. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that
little or no commercial or recreational vessel traffic will be impacted
by this rule. Furthermore, the swing span of the bridge, as of date of
the publication of this rule, is not operational and cannot resume
operations until delivery of delayed parts and the repair to or
replacement of the vandalized electrical submarine cable is made.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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
bridge 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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    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.

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
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has 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 promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1. Revision No. 01.3.

0
2. Stay Sec.  117.183 from April 20, 2023 until 5 p.m. on November 30,
2023.

0
3. Add Sec.  117.T184 to read as follows:

Sec.  117.T184  Old River.

    The draw of the California Department of Transportation (Route 4)
highway bridge, mile 14.8 between Victoria Island and Byron Tract need
not be opened for the passage of vessels.

Michael E. Campbell,
Rear Admiral, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2023-08188 Filed 4-19-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 9069-9070]
[FR Doc No: 2016-03686]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Disposal of Aeronautical Property at
Smyrna/Rutherford County Airport, Smyrna, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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SUMMARY: The Federal Aviation Administration is requesting public
comment on a request by the Smyrna/Rutherford County Airport Authority,
Smyrna, TN, to release land at the Smyrna/Rutherford County Airport.
The request consists of approximately 2.01 acres of property non-
contiguous to the airport on Rooker Road located three miles southeast
of the airport. This property is a part of the parcel deeded to the
airport from Government Service Administration (GSA) when Stewart Air
Force base was closed and decommissioned in 1970. It is the former
location of a Non Directional Beacon (NDB), which was deemed obsolete
and decommissioned in September 2013. This release will allow the
property to be sold for airport revenue. This action is taken under the
provisions of Section 125 of the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before March 24, 2016.

ADDRESSES: Documents are available for review at the Smyrna/Rutherford
County Airport, 278 Doug Warpoole Rd., Smyrna, TN 37167; and the FAA
Memphis Airports District Office, 2600 Thousand Oaks Boulevard, Suite
2250, Memphis, TN 38118-2482. Written comments on the Sponsor's request
must be delivered or mailed to: Mr. Phillip J. Braden, Manager, Memphis
Airports District Office, 2600 Thousand Oaks Boulevard, Suite 2250,
Memphis, TN 38118-2482.
    In addition, a copy of any comments submitted to the FAA must be
mailed or delivered to Mr. John Black, Executive Director, Smyrna/
Rutherford County Airport Authority, 278 Doug Warpoole Rd., Smyrna, TN
37167.

FOR FURTHER INFORMATION CONTACT: Ms. Chastity N. Clark, Program
Manager, Federal Aviation Administration, Memphis Airports District
Office, 2600 Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118-
2482. The application may be reviewed in person at this same location,
by appointment.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public
comment on the request to release property for disposal at Smyrna/
Rutherford County Airport, Smyrna, TN 37167 under the provisions of AIR
21 (49 U.S.C. 47107(h)(2)).
    On February 11, 2016, the FAA determined that the request to
release property for non-aeronautical purposes at Smyrna/Rutherford
County Airport meets the procedural requirements of the Federal
Aviation Administration. The FAA may approve the request, in whole or
in part, no later than March 24, 2016.
    The following is a brief overview of the request:
    The Smyrna/Rutherford County Airport is proposing the release of
approximately 2.01 acres of property non-contiguous to the airport.
This property is located on Rooker Road, approximately three miles
southeast of the airport. This property was the former site of a Non
Directional Beacon (NDB), which was decommissioned in September 2013.
The airport authority intends to sale the property and use revenue for
airport purposes.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.

    Issued in Memphis, TN, on February 11, 2016.
Phillip Braden,
Manager, Memphis Airports District Office.
[FR Doc. 2016-03686 Filed 2-22-16; 8:45 am]
BILLING CODE P


[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]
[Page 51862]
[DOCID:fr05se08-84]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension:
    Form N-8b-4, SEC File No. 270-180, OMB Control No. 3235-0247.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995(44 U.S.C. 3501 et seq.) (``PRA''), the Securities and
Exchange Commission (``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
    Form N-8b-4 (17 CFR 274.14) is the form used by face-amount
certificate companies to comply with the filing and disclosure
requirements imposed by Section 8(b) of the Investment Company Act of
1940 (15 U.S.C. 80a-8(b)). Form N-8b-4 requires disclosure about the
organization of a face-amount certificate company, its business and
policies, its investment in securities, its certificates issued, the
personnel and affiliated persons of the depositor, the distribution and
redemption of securities, and financial statements. The Commission uses
the information provided in the collection of information to determine
compliance with Section 8(b) of the Investment Company Act of 1940.
    Based on the Commission's industry statistics, the Commission
estimates that there would be approximately 1 annual filing on Form N-
8b-4. The Commission estimates that each registrant filing a Form N-8b-
4 would spend 171 hours in preparing and filing the Form and that the
total hour burden for all Form N-8b-4 filings would be 171 hours.
Estimates of the burden hours are made solely for the purposes of the
PRA, and are not derived from a comprehensive or even a representative
survey or study of the costs of SEC rules and forms.
    The information provided on Form N-8b-4 is mandatory. The
information provided on Form N-8b-4 will not be kept confidential. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Management and Budget, Room 10102, New Executive
Office Building, Washington, DC 20503 or e-mail to: Alexander_T._
<EMAIL_ADDRESS>and (ii) Lewis W. Walker, Acting Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: August 27, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-20617 Filed 9-4-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 18, 2010 (Volume 75, Number 222)]
[Notices]
[Page 70696-70699]
[DOCID:fr18no10-42]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0046]

QPS Evaluation Services Inc.; Application for Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of QPS Evaluation
Services Inc. for recognition as a Nationally Recognized Testing
Laboratory, and presents the Agency's preliminary finding to grant this
recognition.

DATES: Submit information or comments, or a request for an extension of
the time to comment, on or before December 20, 2010. All submissions
must bear a postmark or provide other evidence of the submission date.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments electronically at http://
www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for making electronic submissions.
    Fax: If submissions, including attachments, are no longer than 10
pages, commenters may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, or messenger or courier service:
Submit one copy of the comments to the OSHA Docket Office, Docket No.
OSHA-2010-0046, U.S. Department of Labor, Room N-2625, 200 Constitution
Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, and
messenger and courier service) are accepted during the Department of
Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m.,
e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA-2010-0046). OSHA will place all
submissions, including any personal information provided, in the public
docket without revision, and these submissions will be made available
online at http://www.regulations.gov.
    Docket: To read or download submissions or other material in the
docket (e.g., exhibits listed below), go to http://www.regulations.gov
or the OSHA Docket Office at the address above. All documents in the
docket are listed in the http://www.regulations.gov index; however,
some information (e.g., copyrighted material) is not publicly available
to read or download through the Web site. All submissions, including
copyrighted material, are available for inspection and copying at the
OSHA Docket Office.
    Extension of comment period: Submit requests for an extension of
the comment period on or before December 20, 2010 to the Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210,
or by fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210;
telephone:<PHONE_NUMBER>. For information about the NRTL Program, go
to http://www.osha.gov, and select ``N'' in the site index.

SUPPLEMENTARY INFORMATION:

I. Notice of Application for Recognition

    The Occupational Safety and Health Administration (OSHA) is
providing notice that QPS Evaluation Services Inc. (QPS) applied for
recognition as a Nationally Recognized Testing Laboratory (NRTL). (See
Ex. 2--QPS recognition application dated 1/27/2006.) \1\ The
application covers testing and certification of the equipment or
materials, and use of the supplemental programs, listed below.
---------------------------------------------------------------------------

    \1\ A number of documents, or information within documents,
described in this Federal Register notice are the applicant's
internal, detailed procedures or contain other confidential business
or trade-secret information. These documents and information,
designated by an ``NA'' at the end of, or within, the sentence or
paragraph describing them, are not available to the public.
---------------------------------------------------------------------------

    OSHA recognition of a NRTL signifies that the organization meets
the legal requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
approved by the NRTL to meet OSHA standards that require product
testing and certification.
    The Agency processes applications by a NRTL for initial
recognition, or for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding, and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages can be
accessed from OSHA's Web site at

http://www.osha.gov/dts/otpca/nrtl/index.html. Each NRTL's scope of
recognition has three elements: (1) The type of products the NRTL may
test, with each type specified by its applicable test standard; (2) the
recognized site(s) that has/have the technical capability to perform
the product testing and certification activities for test standards
within the NRTL's scope; and (3) the supplemental program(s) that the
NRTL may use, each of which allows the NRTL to rely on other parties to
perform activities necessary for product testing and certification.

II. General Background on the Application

    In its application, QPS lists the current address of the laboratory
facility covered by the application as: QPS Evaluation Services Inc.,
81 Kelfield Street, Unit 8, Toronto, Ontario, M9W 5A3, Canada.
According to its application, QPS was established in 1995 as a Canadian
Standards Association field inspection agency. In 1998, QPS performed
technical services for Entela, Inc., an organization formerly
recognized by OSHA as a NRTL, which was then acquired by another NRTL.
The application also states that QPS has been accredited by other well-
known accreditors (i.e., the Standards Council of Canada and the
International Electrotechnical Commission Certification Body (IEC CB)
Scheme).
    QPS applied on January 27, 2006, for recognition of one site and a
number of test standards. (See Ex. 2.) In response to OSHA's request
for clarification, QPS amended its application to provide additional
technical details, and then provided further details in a later update.
(See Ex. 3--QPS amended application, dated 4/15/2008 and 11/30/2009.)
OSHA's NRTL Program staff performed an on-site assessment of the QPS
facility in April 2010. Based on this assessment, the OSHA staff
recommended recognition of QPS in their on-site review report of the
assessment. (See Ex. 4--OSHA on-site review report on QPS.)
    Through its amended application information (see Ex. 3), QPS
represents that it maintains the experience, expertise, personnel,
organization, equipment, and facilities suitable for accreditation as
an OSHA Nationally Recognized Testing Laboratory. It also represents
that it meets or will meet the requirements for recognition defined in
29 CFR 1910.7.
    The four requirements for recognition (i.e., capability, control
procedures, independence, and creditable reports and complaint
handling) are addressed below, along with examples that illustrate how
QPS meets each of these requirements. Many, but not all, of the
documents or processes described below are referenced in the
applicant's summary addressing OSHA's evaluation criteria (see the QPS
basic information summary; hereafter, ``Basic Summary,'' which is part
of Ex. 3, portions of which are confidential).

Capability

    Section 1910.7(b)(1) states that, for each specified item of
equipment or material to be listed, labeled, or accepted, the NRTL must
have the capability (including proper testing equipment and facilities,
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. The ``Capability''
section of the Basic Summary (NA) shows that the applicant has security
measures and detailed procedures in place to restrict or control access
to its facility, to areas within its facility, and to confidential
information. This section states that QPS's facility has equipment for
monitoring, controlling, and recording environmental conditions during
tests. QPS provided a list of this equipment, which NRTL Program staff
examined during the on-site review (Ex. 4, p. 1). Also, this section
shows that QPS has detailed procedures for handling test samples. In
addition, the Basic Summary or documents it references show that the
QPS facility has adequate test areas and energy sources, and procedures
for controlling incompatible activities. QPS provided a detailed list
of its testing equipment (NA), and OSHA's on-site review (Ex. 4, p. 2)
confirmed that much of this equipment is in place. Review of the
application shows that the equipment listed is available (NA) and
adequate for the scope of testing described below.
    The ``Capability'' section of the Basic Summary (NA) indicates that
QPS has detailed procedures addressing the maintenance and calibration
of equipment, and the types of records maintained for, or supporting,
many laboratory activities. It also indicates that QPS has detailed
procedures for conducting testing, review, and evaluation, and for
capturing the test and other data required by the standard for which it
seeks recognition. OSHA's on-site review (Ex. 4, p. 2) examined these
test data and evaluation documents. QPS is using some of these
procedures to test products for NRTLs. Further, this section indicates
that QPS has detailed procedures for processing applications and for
developing new procedures.
    The amended application (Ex. 3) contained adequate procedures to
address training or qualifying staff for particular technical tasks
(NA). The amended application indicates that QPS has sufficient
qualified personnel to perform the proposed scope of testing based on
their education, training, technical knowledge, and experience. OSHA's
on-site review (Ex. 4, p. 3) confirmed many of these qualifications.
The amended application provides evidence that QPS has an adequate
quality-control system in place, and OSHA's on-site review (Ex. 4, p.
3) verified the performance of internal audits, and tracking and
resolution of nonconformances.

Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and
services, to the extent necessary, for the particular equipment or
material to be listed, labeled, or accepted. These controls and
services include procedures for identifying the listed or labeled
equipment or materials, inspections of production runs at factories to
assure conformance with test standards, and field inspections to
monitor and assure the proper use of identifying marks or labels.
    The ``Control Programs'' section of the Basic Summary shows that
QPS has the quality-control manual and detailed procedures to address
the steps involved to list and certify products. QPS has a registered
certification mark. In addition, the ``Control Programs'' section shows
that the applicant has certification procedures (NA); these procedures
address the authorization of certifications and audits of factory
facilities. The audits apply to both the initial evaluations and the
follow-up inspections of manufacturers' facilities. This section
indicates that procedures also exist for authorizing the use of the
certification mark, and the actions taken when QPS finds that the
manufacturer is deviating from the certification requirements. Factory
inspections will be a new activity for QPS, and OSHA will need to
review the effectiveness of QPS's inspection program when it is in
place. As a result, OSHA is proposing a condition to ensure that
inspections are conducted properly, and at the frequency set forth in
the applicable NRTL Program policy (see OSHA Instruction CPL 1-0.3,
Appendix C, paragraph III.A).

Independence

    Section 1910.7(b)(3) requires that the NRTL be completely
independent of employers that are subject to the testing requirements,
and of any manufacturers

or vendors of equipment or materials tested under the NRTL Program.
OSHA has a policy for the independence of NRTLs that specifies the
criteria used for determining whether an organization meets the above
requirement. (See OSHA Instruction CPL 1-0.3, Appendix C, paragraph V.)
This policy contains a non-exhaustive list of relationships that would
cause an organization to fail to meet the specified criteria. The
``Independence'' section of the Basic Summary, and additional
information submitted by QPS (NA), shows that it has none of these
relationships, or any other relationship that could subject it to undue
influence when testing for product safety. QPS is a privately owned
organization, and OSHA found no information about the ownership that
would quality as a conflict under OSHA's independence policy. The
amended application indicates that there is no financial affiliation
between the ownership of QPS and manufacturers. In summary, the
information related to independence demonstrates that QPS meets the
independence requirement.

Creditable Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective
procedures for producing credible findings and reports that are
objective and free of bias, and for handling complaints and disputes
under a fair and reasonable system. The ``Report and Complaint
Procedures'' section of the Summary document (NA) shows that the
applicant has detailed procedures describing the content of the test
reports, and other detailed procedures describing the preparation and
approval of these reports. This section also shows that the applicant
has procedures for recording, analyzing, and processing complaints from
users, manufacturers, and other parties in a fair manner. The on-site
review (Ex. 4, p. 3) confirmed that QPS processes complaints in a
timely and appropriate manner.

Standards Requested for Recognition

    QPS seeks recognition for testing and certifying products to the
following test standards: \2\
---------------------------------------------------------------------------

    \2\ The designations and titles of these test standards were
current at the time of the preparation of this notice.

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

------------------------------------------------------------------------
UL 508A...........................  Industrial Control Panels.
UL 913............................  Intrinsically Safe Apparatus and
                                     Associated Apparatus for Use in
                                     Class I, II, III, Division I,
                                     Hazardous (Classified) Locations.
UL 1203...........................  Explosion Proof and Dust Ignition
                                     Proof Electrical Equipment for Use
                                     in Hazardous (Classified)
                                     Locations.
UL 6500...........................  Audio/Video and Musical Instrument
                                     Apparatus for Household,
                                     Commercial, and Similar General
                                     Use.
UL 60335-1........................  Safety of Household and Similar
                                     Electrical Appliances, Part 1:
                                     General Requirements.
UL 60601-1........................  Medical Electrical Equipment, Part
                                     1: General Requirements for Safety.
UL 60950..........................  Information Technology Equipment.
UL 61010-1........................  Electrical Equipment for
                                     Measurement, Control, and
                                     Laboratory Use--Part 1: General
                                     Requirements.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials (i.e., products) for which OSHA
standards require third-party testing and certification before use in
the workplace. Consequently, if a test standard also covers any product
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include that product.
    The test standards listed above may be approved as an American
National Standard by the American National Standards Institute (ANSI).
However, for convenience, we may use the designations of the standards-
developing organization for the standards instead of the ANSI
designation. Under the NRTL Program's policy (see OSHA Instruction CPL
1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular
test standard may use either the proprietary version of the test
standard or the ANSI version of that standard. Contact ANSI to
determine whether a test standard is currently ANSI-approved.

Supplemental Programs

    Should OSHA approve this application for NRTL recognition, it also
will grant approval for QPS to use the following supplemental program
because QPS uses outside parties to perform its equipment calibration,
and, therefore, must properly qualify these parties for this purpose
following the criteria in the program:

    Program 9: Acceptance of services other than testing or
evaluation performed by subcontractors or agents (for calibration
services only)

    QPS applied to use additional programs, but then voluntarily
withdrew its request after OSHA informed QPS that OSHA was ending the
practice of approving most of these types of programs for new
applicants. In the past, when granting recognition to an organization
as a NRTL, OSHA approved the applicant's use of any supplemental
programs for which the applicant met the criteria. However, OSHA has
concern about continuing this practice for new applicants for the NRTL
Program because the applicants are not yet capable of implementing the
procedures for testing, evaluating, and performing inspections used
under the NRTL Program. By continuing this practice, OSHA does not
allow the NRTL's staff at its recognized site(s) to attain the
necessary experience, nor does the practice allow OSHA adequate time to
evaluate properly that staff's technical experience. OSHA has the same
concern when an existing NRTL applies to expand its recognition under
the NRTL Program to include additional standards for testing a type of
product not tested previously by the NRTL under the NRTL Program.
Examples of such product testing include testing hazardous-location
products when OSHA recognizes the NRTL for testing only ordinary-
location products, and testing gas-operated products when the NRTL's
recognition is limited to testing only electrically operated products.
Therefore, before OSHA approves any NRTL or applicant to use or rely on
tests, evaluations, and inspections performed by other parties, OSHA
must first ensure that the NRTL/applicant performs these activities
adequately using its own staff located at its recognized site(s). The
only exception to this policy is Program 9, which permits the use of
qualified parties to calibrate a NRTL's testing equipment. This
exception does not affect materially the capability of a NRTL/applicant
to meet OSHA's requirements for recognition. However, regarding
approval to use other supplemental programs, a NRTL/applicant may apply
for such approval when OSHA determines that the NRTL/applicant tests,
evaluates, and performs

inspections adequately using its own staff located at its recognized
site(s). Accordingly, OSHA would continue to deny use of such a
program, or withdraw its prior approval to use such a program, when it
determines that a NRTL/applicant is not testing, evaluating, and
performing inspections adequately using its own staff located at its
recognized site(s).

Additional Condition

    As described above, while QPS has testing and evaluation
procedures, OSHA could not review how QPS has implemented them because
QPS has not used them for testing and certifying products under the
program. In addition, as also described above, while QPS has factory-
inspection procedures, it currently does not conduct regular factory
inspections. Some of these testing- and factory-inspection procedures
are newly developed by QPS. Therefore, OSHA also must review the
effectiveness of QPS's testing and evaluation procedures, and its
factory-inspection program should OSHA grant NRTL recognition to QPS,
and do so within a reasonable period after granting recognition.
Consequently, OSHA proposes to recognize QPS conditionally, i.e.,
subject to a later determination of the effectiveness of these
procedures. OSHA would include these conditions in the final notice
should OSHA recognize QPS as a NRTL. These conditions apply solely to
QPS's operations as a NRTL, and solely to those products that it
certifies for purposes of enabling employers to meet OSHA product-
approval requirements. These conditions would be in addition to all
other conditions that OSHA normally imposes in its recognition of an
organization as a NRTL.
    Imposing these conditions is consistent with OSHA's past
recognition of certain organizations as NRTLs that met the basic
recognition requirements, but needed to further refine or implement
their procedures (for example, see 63 FR 68306, 12/10/1998, and 65 FR
26637, 05/08/2000). Given the applicant's current activities in testing
and certification, OSHA is confident that QPS will properly perform its
activities in the areas noted above.
    Therefore, the following conditions would apply should OSHA
recognize QPS under the NRTL Program:

    Within 30 days of certifying its first products under the NRTL
Program, QPS will notify the OSHA NRTL Program Director of this
activity so that OSHA may schedule its first audit of QPS. At this
first audit of QPS, QPS must demonstrate that it properly conducted
testing, review, and evaluation, and factory inspections, and, for
inspections, did so at the frequency set forth in the applicable
NRTL Program policy.

Preliminary Finding on the Application

    QPS submitted an acceptable application for recognition as a NRTL.
OSHA's review of the application file and the results of the on-site
review indicate that QPS can meet the requirements prescribed by 29 CFR
1910.7 for recognition to use the test standards listed above. This
preliminary finding does not constitute an interim or temporary
approval of the application. QPS corrected the discrepancies noted by
OSHA during the on-site review, and these corrections are described in
its response to the on-site review report (NA).
    Following examination of the application file and the on-site
review report, the NRTL Program staff concluded that OSHA can grant the
applicant recognition as a Nationally Recognized Testing Laboratory for
its Toronto, Ontario, facility, subject to the conditions described
above. The staff, therefore, recommended preliminarily that the
Assistant Secretary approve the application.
    OSHA welcomes public comment as to whether QPS meets the
requirements of 29 CFR 1910.7 for recognition as a Nationally
Recognized Testing Laboratory. Comments should consist of pertinent
written documents and exhibits. Commenters needing more time to comment
must submit a request in writing, stating the reasons for the request.
OSHA must receive the written request for an extension by the due date
for comments. OSHA will limit any extension to 30 days unless the
requester justifies a longer period. OSHA may deny a request for an
extension if it is not adequately justified. To obtain or review copies
of the publicly available information in QPS's application and other
pertinent documents (including exhibits), and all submitted comments,
contact the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2010-0046.
    The NRTL Program staff will review all comments submitted to the
docket in a timely manner, and, after addressing the issues raised by
these comments, will recommend whether to grant NRTL recognition to
QPS. The Assistant Secretary will make the final decision on granting
NRTL recognition, and, in making this decision, may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will
publish a public notice of this final decision in the Federal Register.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue, NW.,
Washington, DC 20210, directed the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Sections
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655 and 657), Secretary of Labor's Order No. 4-2010 (75 FR
55355), and 29 CFR part 1911.

    Signed at Washington, DC on this 15th day of November 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-29125 Filed 11-17-10; 8:45 am]
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[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Proposed Rules]
[Pages 52917-52918]
[FR Doc No: 2011-21363]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0509; FRL-9453-8]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Adoption of Control Techniques Guidelines for Large
Appliance and Metal Furniture Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. This SIP
revision includes amendments to the Commonwealth of Pennsylvania
regulation 25 Pa. Code Chapter 129 (relating to standards for sources)
and meets the requirement to adopt Reasonably Available Control
Technology (RACT) for sources covered by EPA's Control Techniques
Guidelines (CTG) standards for large appliance and metal furniture
coatings. In the Final Rules section of this Federal Register, EPA is
approving the State's SIP submittal as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments. A detailed rationale for
the approval is set forth in the direct final rule. If no adverse
comments are received in response to this action, no further activity
is contemplated. If EPA receives adverse comments, the direct final
rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time.

DATES: Comments must be received in writing by September 23, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0509, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0509, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0509. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
``Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Adoption of Control Techniques Guidelines for Large
Appliance and Metal Furniture Coatings,'' that is located in the
``Rules and Regulations'' section of this Federal Register publication.

    Dated: August 3, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-21363 Filed 8-23-11; 8:45 am]
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[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Pages 50760-50761]
[FR Doc No: 2012-20628]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0006-N-9]

Notice and request for comments

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Requirements (ICRs)
abstracted below have been forwarded to the Office of Management and
Budget (OMB) for review and comment. The ICRs describe the nature of
the information collections and their expected burdens. The Federal
Register notice with a 60-day comment period soliciting comments on the
following collections of information was published on June 20, 2012,
volume 77, page number 119.

DATES: Comments must be submitted on or before September 21, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Janet Wylie, Office of Planning
and

Administration, RPD-3, Federal Railroad Administration, 1200 New Jersey
Ave. SE., Mail Stop 20, Washington, DC 20590 (telephone: (202) 493-
6353), or Ms. Kimberly Toone, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop
35, Washington, DC 20590 (telephone:<PHONE_NUMBER>). (These telephone
numbers are not toll-free.).

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, Section 2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part
1320, require Federal agencies to issue two notices seeking public
comment on information collection activities before OMB may approve
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1),
1320.12. On June 20, 2012, FRA published a 60-day notice in the Federal
Register soliciting comments on ICR that the agency was seeking OMB
approval. 77 FR 37092. FRA received no comments after issuing this 60-
day notice. Accordingly, DOT announces that these information
collection activities have been re-evaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for review and approval pursuant to 5
CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summaries below describe the nature of the information
collection requirements (ICRs) and the expected burden. The revised
requirements are being submitted for clearance by OMB as required by
the PRA.
    Title: Notice of Funds Availability and Solicitation of
Applications for Grants under the Railroad Rehabilitation and Repair
Grant Program.
    OMB Control Number: 2130-0580.
    Type of Request: Revision of a currently approved collection.
    Affected Public: State and local governments, government sponsored
authorities and corporations, railroads.
    Abstract: The Railroad Rehabilitation and Repair Grant Program
(Catalog of Federal Domestic Assistance (CFDA) Program Number 20.314),
was originally supported with up to $20,000,000 of Federal funds
provided to FRA as part of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Pub. L. 110-329,
September 30, 2008). On May 27, 2009, FRA selected 12 projects,
totaling $15 million under this program. On August 5, 2010, FRA
selected 10 more projects for the remaining funds. A few revisions to
grant agreements and close-out of grants are the only remaining
activities for this program.
    Funds provided under this program may constitute no more than 80
percent of the total cost of a selected project, with the remaining
cost funded from other non-Federal sources. Projects include repairs
and rehabilitation to Class II and Class III railroad infrastructure
damaged by hurricanes, floods, and natural disasters that are located
in counties that were identified in a Disaster Declaration for Public
Assistance issued by the President (http://www.fema.gov/news/disasters.fema#sev1).
    Class II and Class III railroad infrastructure repaired and
rehabilitated include railroad rights-of-way, bridges, signals and
other infrastructure which are part of the general railroad system of
transportation and primarily used by railroads to move freight traffic.
FRA anticipates that no further public notification will be made with
respect to this program.
    Form Number(s): N/A.
    Annual Estimated Burden Hours: 1,048 hours.

ADDRESSES: Send comments regarding these information collections to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 Seventeenth Street NW., Washington, DC 20503, Attention:
FRA Desk Officer. Alternatively, comments may be sent via email to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, at the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimates of
the burden of the proposed information collections; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collections of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority:  44 U.S.C. 3501-3520.

    Issued in Washington, DC, on August 15, 2012.
Michael Logue,
Associate Administrator for Administration, Federal Railroad
Administration.
[FR Doc. 2012-20628 Filed 8-21-12; 8:45 am]
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