[Federal Register: February 25, 2009 (Volume 74, Number 36)]
[Notices]
[Page 8523]
[DOCID:fr25fe09-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP98-150-013]

Millennium Pipeline Company, L.L.C.; Notice of Application

February 18, 2009.
    Take notice that on February 11, 2009, Millennium Pipeline Company,
L.L.C. (Millennium) One Blue Hill Plaza, Seventh Floor, P.O. Box 1565,
Pearl River, New York 10965 filed, pursuant to section 7(c) of the
Natural Gas Act, an application to amend its certificate issued in
Docket No. CP98-150. Millennium proposes to amend its certificate to
authorize the lease and leaseback agreement it has entered into with
the Industrial Development Agency of the County of Steuben, New York,
in order to obtain partial abatement of state property taxes and other
tax relief. This filing is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for
TTY, contact<PHONE_NUMBER>.
    Any questions regarding this Application should be directed to
Daniel F. Collins or Letitia W. McKoy, Fulbright & Jaworski, L.L.P.,
801 Pennsylvania Avenue, Washington, DC 20004, at<PHONE_NUMBER>
(Daniel) or<PHONE_NUMBER> (Letitia) or by fax at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: March 11, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-3968 Filed 2-24-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Page 8949]
[FR Doc No: 2016-03614]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FFP Project 92, LLC; Project No. 14276-002; AD13-9-000]

Notice of Availability of Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations, 18 Code of Federal Regulations (CFR) Part 380, the Office
of Energy Projects has reviewed the application for original license
for the Kentucky River Lock and Dam No. 11 Hydroelectric Project (FERC
Project No. 14276-002). The proposed project would be located on the
Kentucky River in Estill and Madison Counties, Kentucky, at the
existing Kentucky River Lock and Dam No. 11 which is owned by the
Commonwealth of Kentucky and operated by the Kentucky River Authority.
The project would not occupy federal land.
    Staff prepared an environmental assessment (EA), which analyzes the
potential environmental effects of licensing the project, and concludes
that licensing the project, with appropriate environmental protection
measures, would not constitute a major federal action that would
significantly affect the quality of the human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits, in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice. The Commission strongly encourages electronic filings. Please
file comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support. In lieu
of electronic filing, please send a paper copy to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. The first page of any filing should include ``Kentucky River
Lock and Dam No. 11 Hydroelectric Project No. 14276-002.''
    For further information, contact Sarah Salazar at<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>
    Dated: February 12, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03614 Filed 2-22-16; 8:45 am]
 BILLING CODE 6717-01-P


Katrail Holloway

Environmental Protection Specialist

Information Exchange Technology Branch, OIC, OEI

EPA West, Rm 6416 EE

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>

Mailing Address:

USEPA Headquarters

Ariel Rios Building

Mail Code 2823T

1200 Pennsylvania Avenue

Washington, DC 20460

Bill M. Norman, D. Engr.

Vice President, Technical Services

National Cotton Council

and Executive Director

The Cotton Foundation

P.O. Box 820285

Memphis, TN 38182-0285

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>
901-274-9030

901-725-0510, fax

Dear Mr. Bill M. Norman and Mr. W. Harrison Ashley:

Thank you for submitting a comment on EPA’s Public Notice dated
11/14/2007 titled “Information Collection Request (ICR): Cross-Media
Electronic Reporting and Records Rule”.  This letter is our response
to your comment.

Unfortunately, we cannot determine how your comment is responsive or
substantive with respect to the subject matter of our Public Notice. We
urge you return to the original posting of the document  (posted at
HYPERLINK
"http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&
d=EPA-HQ-OEI-2007-0412"
http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d
=EPA-HQ-OEI-2007-0412 ) and re-evaluate it along with your response.

If you still feel that your comments apply to our Public Notice, you may
post a further comment at that webpage, or send an explanation to this
address.

Thank you in advance for your time and attention –

Katrail Holloway


Supporting Statement for Information Collection Request Information Requirements for Locomotives and Locomotive Engines 42 USC 7521 § 206 42 USC 7521 § 213( d) 40 CFR Part 92 September 2001 Certification and Compliance Division Office of Transportation and Air Quality Office of Air and Radiation U. S. Environmental Protection Agency  2 1. Identification of the Information Collection 1 ( a) Title and Number of the Information Collection Information Requirements for Locomotive and Locomotive Engines, EPA ICR Number 1800.02, OMB Number 2060 0392.

1( b) Short Characterization Under Title II of the Clean Air Act ( 42 U. S. C. 7521 et seq.; CAA), EPA is charged with issuing certificates of conformity for those locomotives and locomotive engines that comply with applicable emission standards. Such a certificate must be issued before locomotives and locomotive engines may be legally introduced into commerce. To apply for a certificate of conformity, manufacturers and remanufacturers of locomotives and locomotive engines are required to submit descriptions of their planned production, including detailed descriptions of emission control systems and test data. This information is organized by " engine family" groups expected to have similar emission characteristics and is submitted every year, at the beginning of the model year. There are also recordkeeping requirements.

Those locomotive and locomotive engine manufacturers and remanufacturers electing to participate in the Averaging, Banking and Trading ( AB& T) Program are also required to submit information regarding the calculation, actual generation and usage of credits in quarterly reports, and an end of the year report. These reports are used for certification and enforcement purposes. Participants will also maintain records for eight years on the engine families included in the program.

The Act also mandates EPA verify that manufacturers have successfully translated their certified prototype engines into mass produced engines, and that these engines comply with emission standards throughout their useful lives. Under the Productionline Testing ( PLT) Program, manufacturers are required to test a sample of engines as they leave the assembly line. The Installation Audit Program requires remanufacturers to audit the installation of a sample of remanufactured engines. These selfaudit programs ( collectively referred to as the " PLT Program") allow manufacturers and remanufacturers to monitor compliance with statistical certainty and minimize the cost of correcting errors through early detection. Under the In use Testing Program ( Inuse manufacturers and remanufacturers are required to test  3 locomotives after a number of years of use to verify that they comply with emission standards throughout their useful lives.

This information is collected by the Engine Programs Group ( EPG), Certification and Compliance Division ( CCD), Office of Transportation and Air Quality ( OTAQ), Office of Air and Radiation ( OAR), U. S. Environmental Protection Agency ( EPA). Besides CCD, this information could be used by the Office of Enforcement and Compliance ( OECA) and the Department of Justice for enforcement purposes. Non confidential portions of the applications are also disclosed in a public database and over the Internet. This information is used by trade associations, environmental groups, and the public. The information is usually submitted in an electronic format, and it is stored in EPG's certification database.

It has been estimated that a total of 7 locomotive and locomotive engine manufacturers and remanufacturers will respond to this collection with an approximate cost of $ 903,995.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection Locomotive and locomotive engine manufacturers may not legally introduce their products into US commerce unless EPA has certified that their production complies with applicable emission standards. To ensure compliance with these statutes, EPA reviews product information and manufacturers' test results. EPA may also tests some locomotives and locomotive engines to confirm manufacturers' results.

EPA's emission certification programs are statutorily mandated; the agency does not have discretion to cease these functions. Under Section 206( a) of the CAA ( 42 USC 7521):

" The Administrator shall test, or require to be tested in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by a manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under § 202 of this Act. If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period ( not in excess of one year) as he may prescribe."

This provision is extended to nonroad engines and vehicles pursuant to § 213( d) of the CAA.  4 EPA also conducts, under 40 CFR 92 Subpart D, an Averaging, Banking, and Trading ( AB& T) Program. This program is one of many regulatory features designed to enhance the compliance flexibility for and reduce the burden on the affected engine manufacturers, without compromising the expected emissions benefit derived from these emissions standards.

Section 206( b)( 1) of the Act authorizes EPA to require testing of new vehicles and engines to verify compliance. The requirements of the Locomotive Production Line Testing Program are codified at 40 CFR 92, Subpart F.

Section 207( b) of the Acts mandates the establishment of methods and testing procedures to ascertain whether certified engines in actual use in fact comply with applicable emission standards throughout their useful lives. The In use Testing Program procedures for locomotives are codified at 40 CFR 92, Subpart G.

2( b) Practical Utility/ Users of the Data EPA uses the information requested under this collection to verify and support a three stage compliance assurance system envisioned in the CAA. The certification information is needed to verify that the proper prototype engines have been selected to represent each locomotive family ( group of locomotives expected to have similar emission characteristics), and that the necessary testing has been performed to assure that each locomotive family complies with emission standards. Based on this information, EPA issues a certificate of conformity. However, prototypes are often hand built and not typical of assembly line engines.

The information collected under the PLT program is used to verify that manufacturers and remanufacturers have successfully translated their prototypes into mass produced engines. Engines are taken directly from the assembly line and tested.

In use testing is design to determine if locomotives maintained in accordance with the manufacturer's or remanufacturer's instructions still emit at acceptable levels after a number of years of actual use. If a family of locomotives is found not to comply, manufacturers are required to recall the family.

The AB& T program allows manufacturers to generate emission credits. Under averaging, a manufacturer could certify one or more engine families within its product line at levels above the emission standard, provided the increased emissions are offset by  5 emission reductions from one or more families certified below the standard. The average emissions ( weighted by horsepower and production) from all the manufacturer's engine families involved in the program in a given model year must be at or below the emission standard. The banking program allows manufacturers to bank credits generated in one model year for use in averaging or trading in subsequent model years. The trading program allows credit transactions between manufacturers.

The information will be received and used by EPG, CCD, OTAQ, OAR. Non confidential portions of the information submitted to EPG is available to and used by importers, environmental groups, members of the public and state and local government organizations.

3. Nonduplication, Consultations and Other Collection Criteria 3( a) Nonduplication The information requested under this ICR is required by statute. Because of its specialized ( and sometimes confidential) nature, and the fact that most of it must be submitted to EPA before locomotives and locomotive engines can be sold, the information collected is not available from any other source. Furthermore, some of the information requested under the AB& T program Bsuch as actual sales volumes is claimed as confidential business information ( CBI) by manufacturers; therefore EPA can only obtain it if manufacturers submit it. Participation in the AB& T program is voluntary.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of the public comment period for this ICR renewal was published in the Federal Register on May 8, 2001 ( 66 Federal Register 89). No comments were received. A copy of the FR notice is attached.

3( c) Consultations EPA consulted less than ten past respondents regarding this information collection burden.

Contact: Steve Fritz Company: Southwest Research Institute ( testing laboratory) Phone: 210 522 3645 Contact: Vish Talekar  6 Company: General Electric ( locomotive manufacturer) Phone: 814 875 6924 3( d) Effects of Less Frequent Collection The CAA states that emission certification must be done on a yearly basis ( CAA 206( a)( 1)), coinciding with the industry's ` model year'. Major product changes typically occur at the start of a model year. For these reasons, a collection frequency of less than a model year is not possible. However, when an engine design is " carried over" to a subsequent model year, the amount of new information required is substantially reduced. This applies to both manufacturers and remanufacturers.

Entities electing to engage in emission credit trades or transfers must submit quarterly reports of their holdings or receipts when their credits are gain or lost. The number of credits generated or lost is proportional to the number of engines produced; therefore, it is best for manufacturers trading credits to update their credit calculations every quarter when they update their internal production volume reports. This ensures that the manufacturer holds valid credits and warns manufacturers in advance of the need to acquire credits. Manufacturers must not have a negative credit balance at the end of the year.

Production line testing ( PLT) reports must also be submitted on a quarterly basis for similar reasons. Manufacturers are required to test up to one percent of their production at random to ensure that mass produced locomotives and locomotive engines comply with emission requirements. ( Remanufacturers are required to conduct PLT testing only if EPA believes that a problem might exist.) If a problem is found, manufacturers must correct it and might need to recall locomotives or locomotive engines that have already been sold. By conducting this quality control testing on a quarterly basis, manufacturers learn about any problems early and are, therefore, able to minimize costs.

In use testing reports must be submitted once per year, within three months of the completion of the required testing. Manufacturers and remanufacturers are only required to test one engine or locomotive family per year. Providing this information to EPA at a less frequent interval would compromise the Agency's ability to expeditiously evaluate the emissions results and determine, in a timely manner, whether in use locomotives conform to emission standards. Any delay in making such a determination reduces the universe of locomotives which will be reached by the recall because both engine scrappage and owners' unwillingness to participate in recalls increase with the age of the locomotive.  7 3( e) General Guidelines According to 40 CFR 92.215( a)( 3), 92.308( d) and 92.509( b), certification, AB& T and PLT related records must be maintained for eight years. However, " records may be retained as hard copy or reduced to computer disks, etc., depending on the record retention procedures of the manufacturer or remanufacturer", provided that in every case all the information contained in the hard copy is retained. These recordkeeping requirements stem mainly from the statutory requirement to warrant some items for long periods of time and because locomotive have extremely long useful lives. In addition, the manufacturers must comply with requirements to recall vehicles and engines failing to meet emission standards during their useful lives.

Manufacturers are required to submit confidential business information such as sales projections and certain sensitive technical descriptions ( please see section 4( b)( i) for reference). This information is kept confidential in accordance with the Freedom of Information Act, EPA regulations at 40 CFR Part 2, and class determinations issued by EPA's Office of General Counsel. Also, non proprietary information submitted by manufacturers is held as confidential until the specific locomotive or locomotive engine to which it pertains is available for purchase.

No other general guideline is exceeded by this information collection.

3( f) Confidentiality Manufacturers and remanufacturers are allowed to assert a claim of confidentiality over information provided to EPA. Confidentiality is provided in accordance with the Freedom of Information Act and EPA regulations at 40 CFR Part 2. For further detail, refer to section 3( e).

3( g) Sensitive Questions No sensitive questions are asked in this information collection.

4. Respondents and Information Requested 4( a) Respondents/ NAICS Codes Respondents are manufacturers of nonroad equipment and  8 engines within the following North American Industry Classification System codes:

333618 Other Engine Equipment Manufacturing 336510 Railroad Rolling Stock manufacturing 482111 Line haul Railroads 4( b) Information Requested To obtain a certificate of conformity, all manufacturers and remanufacturers must describe their products and supply test data to verify compliance. This information is organized by " engine family" groups expected to have similar emission characteristics. The burden associated with certifying a given engine family is reduced after the first production year ( model year), because data and information from previous years can be " carried over" when no significant changes have occurred. For instance, an engine family certified in model year 2001 can be certified in the 2002 model year by " carry over" of data and paperwork from the 2001 model year if no significant changes have occurred to the engine family between model years. Allowing manufacturers and remanufacturers to " carry over" data and paperwork saves them the burden of duplication of data and paperwork which would occur in the absence of such provisions. Manufacturers and remanufacturers must also retain records.

To participate in the AB& T programs, manufacturers and remanufacturers submit calculations of the amount of credits they generate or need to certify each locomotive family, based on each family's emission limit and sales volume. Participation in the program is voluntary.

Information requested under the PLT and In use programs consists mainly of test results and a description of the locomotives tested and the conditions under which the tests took place. This information is essential to determine if locomotives and locomotive engines are in fact complying with emission standards at different stages. Whereas the certification test information tells us that a specific engine prototype is capable of meeting emission standards, PLT data is used to determine if mass produced engines also comply. In use data verifies that engines correctly maintained also meet the standards at 50% to 75% into their useful lives.

( i) Data Items The data items in the Tables A to J are requested under these information collections. Although most of them must be included in the certification application, some of them are only required to be kept in records and submitted upon request, as provided by  9 92.203( g)( 1) and 92.215.

EPA encourages respondents to apply for a certificate of conformity electronically and is developing a simple electronic application template. A copy of this draft template is attached. A complete application consists of ( 1) a Statement of Compliance, ( 2) a Family Information Entry Form  General Information, ( 3) a set of Engine Data Forms ( Engine Data Forms 1 through 3), ( 4) a Test Information Entry Form ( Main Test Information Form and Aggregate Data Test Information Form), ( 5) a Locomotive Engine Model Information Entry Form and ( 6) a Part Summary Form ( under development). Tables A, B and C list the information items requested in the forms.

The Locomotive Engine Model Information Entry Form is requested to evaluate whether engine families were developed correctly. The information contained in this form allows EPA engineers to know if the engine models were grouped correctly, and, most important, if the test data submitted corresponds to the worst case within that family. The calculation of the engine's rated power, torque, etc., is customary business practice.

The Part Summary Form allows EPA to make sure that locomotives are actually built and engines installed properly and in their certified configurations. This information is used when conducting PLT and installation audits ( see section 4( b)( i)( C) below).

A. Certification:

Table A Information Items Requested Under The Certification Program For each engine family that complies with EPA emission standards and requirements, the manufacturer or remanufacturer must submit the following information items as part of an application for certification.

Information Item Reference in Regulations Statement of compliance 92.203( d)( 13)

Identification and description of the basic engine design including, but not limited to, the engine family specifications 92.203( d)( 1) ( i)  10 A description of the locomotive design, or of the basic locomotive design on which the engine or remanufactured system will be used, as applicable 92.203( d)( 1) ( ii)

A list of distinguishable configurations ( models) to be included in the family 92.203( d)( 1) ( iii)

An explanation of how the emission control system operates, including, among others, a detailed description of: 92.203( d)( 2)

All emission control system components 92.203( d)( 2) ( i)

Each auxiliary emission control device ( AECD) 92.203( d)( 2) ( iii)

A description of the test locomotive or engine 92.203( d)( 3)

Special or alternate test procedures, if applicable 92.203( d)( 4)

A description of the operating cycle and the period of operation necessary to accumulate service hours on the test locomotive or engine and stabilize emission levels 92.203( d)( 5)

A description of all adjustable operating parameters 92.203( d)( 6)

Projected U. S. production information for each configuration 92.203( d)( 8)

A description of the test equipment and fuel proposed to be used 92.203( d)( 9)

All test data obtained by the manufacturer or remanufacturer on each test engine or locomotive 92.203( d) ( 10)

Intended useful life 92.203( d)( 11)

Deterioration factors 92.203( d)( 12) 92.206( b)

At the Administrator's request, the manufacturer or remanufacturer must supply such additional information as may be required to evaluate the application 92.203( e)  11 If, after a review, EPA determines additional testing is required, the manufacturer or remanufacturer must provide required test data within 30 days or cease production of the affected locomotives or engines. 92.210( e)( 2)

Table B Recordkeeping requirements  Certification Program Manufacturers and remanufacturers must keep certificationrelated records for eight years ( 92.215( a)( 3) except routine emission records. Routine emission records must be kept for only one year. Per 92.215( a)( 6), EPA can void any certificate ab initio for a locomotive or engine family for which the manufacturer or remanufacturer does not keep adequate records or fails to provide them upon request by the Agency. Per 92.215( a)( 4), EPA can require manufacturers and remanufacturers to submit or retain additional information not specifically listed here. Manufacturers and remanufacturers must also provide access to duly identified EPA officials to any records or facilities where the information was gathered ( i. e., testing facilities; 92.215( d)).

General records:

Identification and description of all locomotives or locomotive engines for which testing is required 92.215( a)( 1)( i)

Description of emission control systems 92.215( a)( 1)( ii)

Description of test procedures 92.215( a)( 1)( iii)

Description of all certification applications filed 92.215( a)( 1)( iv)

Individual Records:

A brief history of all test engines 92.215( a)( 2)

A descriptions of any modifications made to the test engine 92.215( a)( 2)( i)( A)  12 A complete record of all emission tests performed 92.215( a)( 2)( i)( B)

Record and description of all maintenance and other servicing performed 92.215( a)( 2)( i)( C)

Record and description of each test performed to diagnose engine or emission control system performance 92.215( a)( 2)( i)( D)

A brief description of any significant events affecting the vehicle 92.215( a)( 2)( i)( E)

Copies of all instructions or explanations regarding the use, repair, adjustment, maintenance, or testing of such locomotive or engine, relevant to the control of crankcase, or exhaust emissions issued by the manufacturer or remanufacturer, for use by other manufacturers or remanufacturers, assembly plants, distributors, dealers, owners and operators. Any material not translated into the English language need not be submitted unless specifically requested by the Administrator. 92.215( b)

Table C For Running Changes When a manufacturer or remanufacturer needs to make changes to a certified engine, or to add an engine model to an already certified engine family, the following information must be submitted. Running changes are submitted using the same electronic format used to apply for a certificate of conformity.

Notification of changes made to the application and request to amend the application 92.210( a)

A full description of the change to be made 92.210( b)( 1)

Engineering evaluations or data showing that engines as modified or added will comply with all applicable emission standards 92.210( b)( 2)  13 A determination wether the original test fleet selection is still appropriate, and proposed new test fleet selections, if applicable 92.210( b)( 3)

Upon request, test data on the engine changed or added 92.210( c)

Supporting documentation, test data and engineering evaluations as appropriate to demonstrate that all affected engines will still meet applicable emission standards 92.210( e)( 1)

Manufacturers or remanufacturers requesting a hearing on EPA's denial or revocation of a certificate of conformity must filed their request within 30 days of EPA's decision. The request must be in writing, and must set forth their objections to EPA's decision and data to support the objections. 92.208( c) ( 7)

The Locomotive Engine Model Information Entry Form is requested to evaluate whether engine families were developed correctly. The information contained in this form allows EPA engineers to know if the engine models were grouped correctly, and, most important, if the test data submitted corresponds to the worst case within that family. The calculation of the engine's rated power, torque, etc., is customary business practice.

The Part Summary Form allows EPA to make sure that locomotives are actually built and engines installed properly and in their certified configurations. This information is used when conducting PLT and installation audits ( see section 4( b)( i)( C) below).

B. Average, Banking and Trading:

Table D Information Items Required Under the Average, Banking and Trading Program Since all new locomotives and locomotive engines are required to meet both the line haul and switch duty cycle standards, manufacturers and remanufacturers can participate in separate line haul and switch AB& T programs. They cannot, however, use credits generated under one program to satisfy the requirements of  14 the other. Credits can only be generated for NOx and PM. Only manufacturers and remanufacturers of new locomotives and new locomotive engines manufactured or remanufactured in the 1999 model year or later can participate. Failure to submit and keep accurate information can result in EPA voiding the certificate of the affected family ab initio, among other penalties. The following information must be submitted for each engine family participating in AB& T.

A declaration of intent to include this specific engine family in one or both of the ABT programs. Separate declarations are needed for each program and each pollutant. 92.306( a)( 1)

Family emission limits 92.306( a)( 2)

Detailed calculations of projected emission credits based on quarterly production projections for each participating family and for each pollutant, using the applicable equation and the applicable values 92.306( a)( 3)

If negative credits are generated, the specific source ( manufacturer/ engine family, remanufacturer/ engine family, or transfer) of the credits necessary to offset the credit deficit according to quarterly projected production. 92.306( a)( 3)( i)

If negative credits are generated, state specifically where the quarterly projected credits will be applied 92.306( a)( 3) ( ii)

A statement that the locomotives or locomotive engines for which certification is requested will not, to the best of the manufacturer's or remanufacturer's belief, cause the manufacturer or remanufacturer to have a negative credit balance at the end of the year 92.306( a)( 4)

Based on this information, each manufacturer's certification application must demonstrate:

That at the end of model year production, each engine family has a net emissions balance equal to or greater than zero for any pollutant and program 92.306( b)( 1)  15 That the manufacturer or remanufacturer will obtain sufficient credits to offset negative credits. In cases where credits are being obtained, the identity of the specific source ( manufacturer/ engine family, or remanufacturer/ engine family, or transfer) 92.306( b)( 2)

In cases where credits are being generated/ supplied, their designated use 92.306( b)( 3)

End of year reports including a summary of credit activity, all information included in quarterly reports ( to be submitted within 120 days of the end of the calendar year) 92.306( d) 92.309( c) and ( d)

Quarterly reports ( applicable to those holding or receiving transfers only and to be submitted within 90 days of the end of the calendar quarter) including: 92.309( b)

Source/ recipients of credits, copies of trading contracts, details of pollutants, etc. 92.309( b)( 2)

Details of the engine family, sales, etc., per 92.308( c). 92.309( b)( 2)

A statement accompanying all end of year and quarterly reports certifying the accuracy and authenticity of the reports 92.309( e)

Table E Recordkeeping Requirements Average, Banking and Trading Program Records are to be kept for eight years ( 92.309( d)).

Manufacturers and remanufacturers of locomotive and locomotive engine families:

EPA engine family and configuration 92.308( a)( 1)

Engine identification number 92.308( a)( 2)

Engine build date and model year 92.308( a)( 3)

Power rating 92.308( a)( 4)  16 Purchaser and destination 92.308( a)( 5)

Assembly plant 92.308( a)( 6)

Manufacturers and remanufacturers of engine families:

EPA engine family and model year 92.308( b)( 1)

Family emission Limit 92.308( b)( 2)

Rated horse power for each configuration 92.308( b)( 3)

Projected and actual production/ sales volume for the calendar year 92.308( b)( 4) and ( 5)

Useful life 92.308( b)( 6)

For families participating in trading, the following records must be kept quarterly:

Model year and engine family 92.308( c)( 1)

Actual quarterly and cumulative applicable production/ sales volume 92.308( c)( 2)

Value required to calculate credits 92.308( c)( 3)

Resulting type and number of credits generated/ required 92.308( c)( 4)

How and where credit surpluses are dispersed 92.308( c)( 5)

How and through what means credit deficits are met 92.308( c)( 6)

C. Audit Programs: Manufacturer Production Line Testing ( PLT) Program and Remanufacturer Installation Audit Program Only manufacturers of freshly manufactured locomotive engines are subject to PLT requirements described in Table F. However, if EPA has reasons to believe that there are problems with a remanufacturer's production, the Agency can extend this requirements to that remanufacturer. Remanufacturers are subject to the audit requirements described on Table H. Per 92.215( a)( 4), EPA can require manufacturers and remanufacturers to submit or retain additional information not specifically listed here.

Table F  17 Information Items Required Under the Production Line Testing Program Each calendar quarter, manufacturers must conduct testing on a sample of locomotives or locomotive engines taken directly from the assembly line. Per 92.508( e), within 30 days of the end of each quarter, manufacturers must report the following information:

The location and description of the test facilities where testing was conducted 92.508( e)( 1)

Total production and sample size for each engine family 92.508( e)( 2)

Applicable standards and/ or FELs 92.508( e)( 3)

A description of the test locomotives or locomotive engines 92.508( e)( 4)

For each test conducted:

A description of the test locomotive or locomotive engine, including engine family and configuration, year, make, built date, engine ID number, etc. 92.508( e)( 5) ( i)

Location( s) where service accumulation was conducted and description of accumulation procedure and schedule, if applicable 92.508( e)( 5) ( ii)

Test number, date, test procedure used, initial test results before and after rounding, final test results, etc. 92.508( e)( 5) ( iii)

A complete description of any adjustment, modification, repair, preparation, maintenance, and testing which was performed on the test locomotive or locomotive engine 92.508( e)( 5) ( iv)

Any other information the Administrator may request 92.508( e)( 5) ( v)

For each failed locomotive or locomotive engine, a description of the remedy and test results for all retests as required by Sec. 92.512( g) 92.508( e)( 6)

The date of the end of the locomotive or locomotive engine manufacturer's model year production for each engine family tested 92.508( e)( 7)  18 A statement found at 92.508( e)( 8) signed and endorsement by an authorized representative of the manufacturer or remanufacturer 92.508( e)( 8)

Upon request, manufacturers must also submit:

Projected production for each configuration within each engine family for which certification has been requested and/ or approved 92.509( c)( 1)

Number of locomotives or engines, by configuration and assembly plant, scheduled for production. 92.509( c)( 2)

Table G Recordkeeping Requirements Under the Production Line Testing Program Records must be kept for eight years after completion of all testing ( 92.309( b)).

A description of all testing equipment used and each test cell that can be used to perform PLT, in accordance with 92.503 92.309( a)( 1) 92.309( a)( 3)

For each PLT conducted:

The date, time, and location of each test or audit 92.309( a)( 2) ( i)

The method by which the green engine factor was calculated or the number of hours of service accumulated on the test locomotive or locomotive engine when the test began and ended 92.309( a)( 2) ( ii)

The names of all supervisory personnel involved in the conduct of the production line test or audit 92.309( a)( 2) ( iii)

A record and description of any adjustment, repair, preparation or modification performed on test locomotives or locomotive engines, giving the date, associated time, justification, name( s) of the authorizing personnel, and names of all supervisory personnel responsible for the conduct of the action 92.309( a)( 2) ( iv)  19 If applicable, the date the locomotive or locomotive engine was shipped from the assembly plant, associated storage facility or port facility, and the date the locomotive or locomotive engine was received at the testing facility 92.309( a)( 2) ( v)

A complete record of all emission tests or audits performed ( except tests performed directly by EPA), including all individual worksheets and/ or other documentation relating to each test, or exact copies 92.309( a)( 2) ( vi)

A brief description of any significant events during testing not otherwise described, commencing with the test locomotive or locomotive engine selection process and including such extraordinary events as engine damage during shipment. 92.309( a)( 2) ( vii)

Table H Information Items Required Under the Remanufacturer Installation Audit Program Each calendar quarter, remanufacturers must audit the installation of locomotives covered by its certificate( s) of conformity for proper components, component settings and component installations on randomly chosen locomotives in an engine family. Within 30 days of the end of each quarter, remanufacturers must report the following information:

The location and description of the test facilities where the audit was conducted 92.511( g)( 1)

Total production and sample size for each engine family 92.511( g)( 2)

Applicable standards and/ or FELs 92.511( g)( 3)

For each audit conducted:

A description of the audit locomotive or locomotive engine, including engine family and configuration, year, make, built date, engine ID number, etc. 92.511( g)( 4) ( i)  20 Any other information the Administrator may request 92.511( g)( 4) ( ii)

For each failed locomotive or locomotive engine, a description of the remedy and test results for all retests as required by Sec. 92.512( g) 92.511( g)( 5)

A statement found at 92.511( g)( 6) signed and endorsement by an authorized representative of the manufacturer or remanufacturer 92.511( g)( 6)

Table I Suspended Certificates and Hearings When a locomotive or locomotive engine fails PLT or an audit, the certificate of conformity issued to that locomotive or locomotive engine family is suspended, effective from the time the testing of that locomotive or locomotive engine is completed. The affected manufacturer or remanufacturer must then remedy the noncomformity, retest or reaudit, and submit reports with the following information:

A description of the remedy and new test or audits results 92.512( g)( 3)

The reason for the failure, the remedies and the date when the remedies will be implemented 92.512( h)( 1)

A demonstration that the failed engine family does in fact conform 92.512( h)( 2)

Manufacturers and remanufacturers may request a hearing 92.512( j)

Within 30 days, the interested party must file two copies of their written request, which must include: 92.513( b)

A statement as to which configuration( s) within a family is to be the subject of the hearing 92.513( c)( 1)

A concise statement of the issues to be raised by the manufacturer or remanufacturer at the hearing 92.513( c)( 2)

A statement specifying reasons why the manufacturer or remanufacturer believes it will prevail on the merits of each of the issues raised 92.513( c)( 3)  21 A summary of the evidence which supports the manufacturer's or remanufacturer's position on each of the issues raised 92.513( c)( 4)

D. In use Testing Program Table J Information Items Requested Under the Locomotive In use Testing Program Manufacturers and remanufacturers must test, each year, a sample of used locomotives from one of their certified locomotive engine families previously chosen by EPA. If one manufacturer holds certificates for both freshly manufactured engine families and remanufactured engine families, EPA can request the manufacturer to test one engine family of each category ( 92.603( a)( 1)). EPA may request a manufacturer to test more than one engine family if it has reason to believe that engines in an engine family do not comply with in use standards ( 92.603( a)( 2)). Engine families of less than 10 locomotives per year do not need to participate in in use testing ( 92.603( 2)). For each locomotive tested, the manufacturer or remanufacturer must submit the following information within 30 days of completion of the testing:

All results generated 92.607( a)

For each individual locomotive tested:

Engine family, and configuration 92.607( a)( 1)

Locomotive and engine models 92.607( a)( 2)

Locomotive and engine serial numbers 92.607( a)( 3)

Date of manufacture and/ or remanufacture( s), as applicable 92.607( a)( 4)

Megawatt hours of use ( or miles, as applicable) 92.607( a)( 5)

Date and time of each test attempt 92.607( a)( 6)

Results ( if any) of each test attempt 92.607( a)( 7)

Results of all emission testing 92.607( a)( 8)  22 Summary of all maintenance and/ or adjustments performed 92.607( a)( 9)

Summary of all modifications and/ or repairs 92.607( a) ( 10)

Determinations of noncompliance 92.607( a) ( 11)

The statement at 92.607( a)( 12) signed and endorsement by an authorized representative of the manufacturer or remanufacturer 92.607( a) ( 12)

For each engine family tested:

The serial numbers of all locomotive that were excluded from the test sample because they did not meet maintenance requirements 92.607( b)( 1)

The owner of each locomotive( or other entity responsible for the maintenance of the locomotive) 92.607( b)( 2)

The specific reasons why the locomotives were excluded from the test sample 92.607( b)( 3)

( ii) Respondent Activities The activities a manufacturer or remanufacturer need to perform to comply with the requirements of the certification program are as follows:

$ Review the regulations and the guidance document $ Develop locomotive and locomotive engine family groups $ Test locomotives and locomotive engines for compliance with emission standards $ Develop deterioration factors $ Data entry and analysis $ Submit the application for certification $ Prepare and submit carry over applications $ Prepare and submit running changes $ Retain and maintain records, and submit them upon request Manufacturers and remanufacturers electing to participate in the AB& T programs will carry out the following  23 activities:

$ Review the regulations and the guidance document $ Pre certification activities:

$ Determine which engine families will participate in ABT $ Project applicable production volumes for the model year for all participating families $ Submit AB& T information with the certification application $ Gather information about credit sources/ recipients $ Monitor production volumes and engine sales ( customary business practice)

$ Develop and submit quarterly reports $ Develop and submit end of year reports $ Store, file, and maintain information as required Activities manufacturers and remanufacturers need to carry out to comply with PLT and audits requirements are:

$ Gather/ maintain production data ( customary business practice)

$ Read instructions and regulations $ Train personnel $ Project testing needs and plan schedules $ Select engines to be tested $ Inspect engines to be tested $ Test engines $ Enter data and analyze it $ Prepare and submit reports $ Keep records Activities associated with in use testing are:

$ Read instructions and regulations $ Train personnel $ Procure locomotives $ Test locomotives $ Enter data and analyze it $ Prepare and submit reports $ Keep records 5. The Information Collected Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities  24 As part of the implementation of the certification programs, EPA officials carry out the following activities:

$ Review and interpret regulations, provide guidance $ Gather applications from the industry, enter data into the database $ Review the applications for completeness and accuracy $ Verify that the correct engines have been selected and tested $ Answer questions from manufacturers and the public $ Issue appropriate certificates of conformity $ Periodically perform maintenance or enhance the database $ Make data available to the public, including making it available through the Internet $ Analyze and manage requests for confidentiality $ Determining if " carry over" of data from a previous model year is appropriate or if new testing will be required $ Store, file and maintain data Activities related to AB& T involve:

$ Reviewing requirements and providing guidance $ Entering the data into the database $ Receiving quarterly and final reports, reviewing calculations, making sure that the information submitted by manufacturers and remanufacturers is accurate and complete $ Audit manufacturers and remanufacturers reports and files to make sure all participants have zero or positive credit balances at the end of the year $ Keep records To ensure through the PLT Program that mass produced locomotives and locomotive engines do comply with emission standards, EPA must:

$ Answer questions from manufacturers, remanufacturers and the public $ Review submissions for format and completeness $ Input data into the database $ Analyze and compare results to standards and FELs $ Request and review additional information as needed $ Take any appropriate enforcement actions $ Keep records of the information submitted and EPA's actions and determinations $ Periodically perform maintenance or make enhancements to the database $ Make data from completed test programs available to the public, including posting it on the Internet $ Analyze and manage requests for confidentiality  25 The EPA activities associated with the implementation of the In use Testing Program are similar:

$ Evaluate testing requirements $ Review information and identify engines for testing ( if additional testing is needed)

$ Inform manufacturers or remanufacturers of any additional testing required ( if needed)

$ Answer manufacturers questions $ Review submissions for format and completeness $ Enter results into the database $ Analyze, compare and file information submitted $ Periodically request and review additional information $ Periodically perform maintenance or make enhancements to the database $ Make data from completed test programs available to the public, including posting it on the Internet $ Analyze and manage requests for confidentiality 5( b) Collection Methodology and Management EPA currently makes extensive use of electronic media in gathering and evaluating information from locomotive and locomotive engine manufacturers and remanufacturers. EPG is in the process of developing application templates for locomotive programs. Manufacturers and remanufacturers have already started submitting information in electronic formats and are expected to use the electronic template provided by EPA to submit their applications.

Once the electronic applications and reports are received, the information is entered into the Certification Database and reviewed for completeness. If the manufacturer chooses to make hard copy submittals, then EPA manually enters the information into the database. The certification reviewer analyses the information to ensure compliance with the CAA and applicable regulations.

In the future, the public will be able to access nonconfidential portions of the applications and testing reports by contacting the EPG or through the Engine Certification Information Center at http:// www. epa. gov/ otaq/ certdata. htm.

Currently, manufacturers must submit signed statements of compliance in hard copy. EPA is working to enable e signature, so that we can receive the complete application by electronic  26 transmission directly from the manufacturer, further reducing costs and burden for both the industry and the agency.

5( c) Small Entity Flexibility EPA has exempted remanufactured locomotive and locomotive engines owned by small railroads ( as defined by the Small Business Administration) from the definition of ` new locomotive' and ` new locomotive engine'; thus exempting these remanufactured locomotives and locomotive engines from compliance with certain emission standards and regulations. This is due to the fact that the number of locomotives owned and operated by small railroads is very low and that the contribution of these engines to the sector's emission inventory is considered to be trivial.

Small locomotive and locomotive engine manufacturers and remanufacturers and aftermarket part manufacturers can also benefit by delaying compliance with Tier 0 requirements. They can delay compliance of all pre 1990 locomotives until January 1, 2002. EPA chose 1990 as a cut point for the phase in of the Tier 0 standards because, among other reasons, pre 1990 locomotives represent the vast majority of locomotives for which these small business entities supply parts and remanufacturing services. ( Please refer to the preamble of this regulation published in the Federal Register on April 16, 1998, ( 63 Federal Register 73) for details.)

Furthermore, EPA has made available to small manufacturers and remanufacturers a streamlined certification program for small businesses, applicable through the 2006 model year design to reduce the financial burden of compliance. Under these provisions, certification testing requirements will be phased in, beginning in 2002. Remanufacturers have the option of testing locomotives ( or locomotive engines) using a modified version of the FTP, or testing using a less rigorous alternate procedure, subject to sales restrictions set by EPA.

Under the In use Testing Program, locomotive families of less than 10 locomotives are exempted from the requirements of the program. This provision, found at 92.6039( a)( 2), reduces the cost of the program for manufacturers and remanufacturers with limited production.

Under the other programs included in this ICR ( AB& T and PLT), the information being requested is considered to be the minimum needed to effectively conduct and maintain their integrity. Further measures to simplify reporting for small businesses do not appear prudent or necessary.  27 5( d) Collection Schedule Collection frequency in the certification program is largely determined by the manufacturer's marketing and product plans. Information must be submitted for each ` model year' that a manufacturer intends to build ( or import) an engine model. A certificate of conformity must be obtained before the start of production ( or importation). Taking these two considerations into account, manufacturers normally submit information on an annual basis and submit their certification applications at their earliest convenience. In use testing reports are also submitted once a year.

AB& T and PLT reports, however, are submitted quarterly, as required by 40 CFR 92.309( b) and 92.508( e).

6. Estimating the Burden and Cost of the Collection Refer to Tables 1 to 4 for details.

6( a) Estimating Respondent Burden Burden estimates were taken from previous ICRs and adjusted to reflect comments from fewer than 10 respondents consulted by EPA. Since the programs described in this ICR are relatively new and are similar in many respects to EPA's other nonroad programs, EPA took into account burden estimates developed for those programs. Nonroad burden estimates were developed with input from manufacturers from different industries.

6( b) Estimating Respondent Costs ( i) Estimating Burden Hours The estimated cost for labor is estimated at $ 46.25 per hour for engineers/ technicians, $ 82.50 per hour for managers and $ 36.67 per hour for clerical support. In deriving these costs, EPA used cost estimates provided in consultations with the industry. The labor cost rate provided by the Bureau of Labor Statistics ($ 35.75/ hour and $ 17.15/ hour, respectively) was not used. This is an average for all manufacturing industries that do not reflect the actual cost for the locomotive and engine manufacturing industry, which is much higher.

In estimating respondent burden, a considerable amount of time was allocated for regulation review and presented as a  28 separated item in the burden tables. The locomotive and locomotive engine industry became regulated for the first time recently and EPA estimates that locomotive and locomotive engine manufacturers and remanufacturers still spend much time reviewing regulations.

( ii) Estimating Capital and Operations and Maintenance Costs Operation and Maintenance costs associated with all programs covered by this information collection include diskettes, photocopying, postage expenses, calls, maintenance of emission laboratories, and testing costs. Diskettes are used by manufacturers to submit their electronic applications and to keep records.

There are only two locomotive and locomotive engine manufacturers in the US market. Both of them have in house testing facilities for certification testing and research. The cost of maintaining these laboratories have been estimated at $ 60,000 per year. This estimate include the cost of test fuels, calibration gases and equipment.

Remanufacturers and spare part manufacturers who meet the definition of ` manufacturer' found at 40 CFR 92.2 are usually smaller companies and prefer to hire a contractor to conduct the necessary certification emission testing in the contractor's facilities. EPA has estimated that testing at a private facility costs, on average, $ 40,000. This figure includes the cost of gathering both the line haul and switch data required. This is a one time expense per engine family since manufacturers and remanufacturers can carry over emissions data from one model year to the next. This cost has been annualized over the approval period requested for this ICR ( 3 years): $ 40,000/ 3 years = $ 13,333 per year.

The cost of maintaining a laboratory was included only in Table 1, Certification, and omitted in Tables 3, PLT, and Table 4, In use Testing. Only manufacturers are required to conduct a PLT program; therefore, no other test costs are included in Table 3.

In determining the cost of the In use Testing Program, EPA assumed that all engine families have more than 10 locomotives. Engine families with less than 10 locomotives are not required to be tested in use. Although manufacturers and remanufacturers are required to test at least two locomotive in each new engine families, they are only required to test one locomotive per " carry over" family. This provision further reduces the financial burden imposed by the In use Program upon manufacturers and remanufacturers. Section 6( d) outlines EPA's estimates of new engine families vs. carry over families.  29 In assessing the In use Testing Program's financial burden, EPA also factored in the loss of revenue resulting from stopping a locomotive for testing. That cost was calculated to be around $ 2,000 per day for two days of testing. This amounts to $ 4,000 per test or locomotive or $ 666 over the life of this ICR.

Capital costs were covered by the previous ICR and incurred by locomotive and locomotive engine manufacturers at the beginning of the certification program. Therefore, capital costs are excluded from this ICR. EPA does not expect any new locomotive or locomotive engine manufacturers or remanufacturers to enter the US market in the next three years and build its own emission testing laboratories. Other emission testing expenses are included as O& M costs as explained above.

( iii) Capital/ Start Up Costs There are no capital or start up costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)

( iv) Annualizing capital costs There are no capital costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)

6( c) Estimating Agency Burden Government cost is based on GS 13 salary for professional engineers ($ 30.29/ hr) and on the salary of a senior for clerical support ($ 16.83). The hourly rates were obtained from the Office of Personal Management. ( Refer to Tables 5 through 8.) Burden associated with one time tasks such as setting up a database have been annualized.

6( d) Estimating the Respondent Universe and Total Burden and Costs EPA expects to receive about 20 certification applications from 2 manufacturers and 5 remanufacturers each year. About 14 of those applications are " carry overs" . The remaining 6 applications represent new engine families for which new emissions data was collected.

Three manufacturers or remanufacturers are also expected to participate in the AB& T program with seven engine families. All manufacturers and remanufacturers must participate in the PLT and In use Testing Programs.

Locomotive and locomotive engine manufacturers and  30 remanufacturers are also expected to submit about 15 running changes, in aggregate.

6( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally Table 7 Total Estimated Respondent Burden And Cost Summary Program Number of Respon Number of Activities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Total Costs Certification 7 9 1,797 $ 81,929 0 $ 213,452 $ 295,381 AB& T 3 7 964 $ 47,402 0 $ 21 $ 47,423 PLT 7 10 6,115 $ 277,747 0 $ 698 $ 278,445 In use Testing 7 7 2,245 $ 108,759 0 $ 173,987 $ 282,746 Total 7 33 11,121 $ 515,837 0 $ 388,158 $ 903,995 ( ii) The Agency Tally Table 8 Total Estimated Agency Burden And Cost Summary Program Number of Respon Number of Activities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Certification 7 11 1,766 $ 51,426 0 $ 832 AB& T 3 4 57 $ 1,646 0 $ 15 PLT 7 4 532 $ 14,984 0 $ 119 In use 7 4 343 $ 9,918 0 $ 119 Total 7 23 2,698 $ 77,974 0 $ 1,085  31 6( f) Reasons for change in burden The total burden associated with locomotive emission regulations and requirements has decreased significantly from the previous ICR. This is mainly due to a sharp reduction in the estimated number of respondents. The previous ICR reflected EPA estimates at the time locomotive regulations were being developed. EPA estimated then that 7 manufacturers and 30 remanufacturers were going to apply for certificates of conformity and participate in other locomotive emission compliance programs. However, EPA has received so far applications from only 2 manufacturers and only 1 remanufacturer has expressed interest in applying. In a review of the industry, EPA found out that there are only two manufacturers of locomotives and locomotive engines in the US market, so we do not expect anymore manufacturers to apply in the next three years. Although so far only one remanufacturer has contacted us in relation with obtaining a certificate of conformity, EPA believes that up to 4 additional remanufacturers might apply in the next three years, for a total of 5 remanufacturers.

6( g) Burden Statement Locomotive and locomotive engine manufacturers spend, on average, 203 hours per certification application annually. Remanufacturers spend 159 hours. The average burden associated with participation in the Average, Banking and Trading Program is 278 hours annually per respondent. The burden associated with participating in the Production Line Testing Program is 183 hours for manufacturers and 155 for remanufacturers. In use testing burden is 155 hours for manufacturers and 60 hours for remanufacturers.

These estimates include time to review applicable regulations and guidance documents, generate and gather the necessary information, submit applications and reports, and maintain records.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a  32 person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137), 401 M St., S. W., Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number 1800.02 and OMB control number 2060 0392 in any correspondence.


[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34422-34424]
[FR Doc No: 2012-14078]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67138; File No. SR-CHX-2012-10]

Self-Regulatory Organizations; Chicago Stock Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change to Temporarily Suspend the Requirements of CHX Article 3,
Rule 3 and Related CHX Rules in Order to Approve Apex Clearing
Corporation as a CHX Participant and Trading Permit Holder

June 5, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 5, 2012, the Chicago Stock Exchange, Incorporated
(``Exchange'' or ``CHX'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to temporarily suspend the requirements of
CHX Article 3, Rule 3 and related CHX rules concerning the approval of
new Participants and Trading Permit holders (``TPHs'') in order to
approve Apex Clearing Corporation, f/k/a Ridge Clearing and Outsourcing
Solutions, Inc. (``Apex Clearing''), as a CHX Participant and TPH. The
text of this proposed rule change is available on the Exchange's Web
site at (www.chx.com), at the Exchange's Office of the Secretary and in
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the CHX included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified in Item IV
below. The CHX has prepared summaries, set forth in sections A, B and C
below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Through this rule filing, CHX proposes to temporarily suspend the
requirements of CHX Article 3, Rule 3 and related rules as it pertains
to the application approval process of a CHX Participant \5\ and TPH
\6\ in order to immediately approve Apex Clearing.\7\ The Exchange
proposes this temporary suspension on an emergency basis to ensure that
Apex Clearing can continue the clearing and execution operations of
Penson Financial Services Inc. (``PFSI'') without unnecessary
disruption and to limit any significant collateral impact to a number
of other CHX Participants. The proposed temporary suspension is
contingent upon Apex Clearing having complied with all Exchange rules
related to new Participant and TPH applicants within 30 calendar days
of the date Apex Clearing is provisionally approved as a Participant
and TPH pursuant to this filing.
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    \5\ A ``Participant'' means any Participant Firm that holds a
valid CHX Trading Permit and any person associated with a
Participant Firm who is registered with the Exchange under Articles
16 and 17 as a Market Maker Trader or Institutional Broker
Representative, respectively. A Participant shall be considered a
``member'' of the Exchange for purposes of the Exchange Act. If a
Participant is not a natural person, the Participant may also be
referred to as a ``Participant Firm,'' but unless the context
requires otherwise, the term Participant shall refer to an
individual Participant and/or a Participant Firm (See CHX Article 1,
Rule 1(s)).
    \6\ A ``Trading Permit'' means a permit issued by the Exchange,
granting the holder a revocable license to execute approved
securities transactions through the Exchange's Trading Facilities,
or to have those transactions executed on its behalf (See CHX
Article 1, Rule 1(aa)).
    \7\ Pursuant to CHX rules, each clearing firm must be a
Participant of the Exchange (See CHX Article 21, Rule 1(b)).
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    On May 31, 2012, Apex Clearing Holdings, LLC (``Apex Holdings''),
Apex Clearing Solutions, Broadridge Financial Solutions, Inc.
(``Broadridge''), PFSI and Penson Worldwide, Inc. (``PWI'') (together,
the ``Parties'') consummated a transaction resulting in a change in
ownership of Apex Clearing.\8\ Broadridge, Apex Holdings, PWI and PFSI
each made capital investments in Apex Holdings, the holding company
parent of Apex Clearing. PFSI also assigned all of its U.S. clearing
contracts and all customer and introducing broker proprietary accounts
along with key personnel to Apex Clearing (the ``Transferring
Accounts'').\9\
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    \8\ Prior to the Transaction, Apex Clearing's name was Ridge
Clearing & Outsourcing Solutions, Inc. Prior to the transaction,
Ridge Clearing & Outsourcing Solutions, Inc. contributed its
outsourcing operations and all associated personnel and systems to
its affiliated entity, Broadridge Securities Processing Solutions,
LLC (``BSPS'') where it will continue to provide operations support
and outsourcing services to a number of broker-dealers, including
Apex Clearing.
    \9\ See Penson Worldwide, Inc. Form 8-K dated May 31, 2012.
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    As a result of the transaction, Apex Clearing, which is not a CHX
Participant and TPH, will provide the clearing and execution services
currently provided to the Transferring Accounts by PFSI. On May 31,
2012, Apex Clearing submitted an application for approval as a CHX
Participant and TPH. However, because of the expedited nature of the
transaction, Apex Clearing was unable to fully comply with CHX Article
3, Rule 3 and related new Participant/TPH rules. Because of the need
for seamless continuity with respect to the Transferring Accounts, Apex
Clearing has requested that the Exchange temporarily suspend its new
Participant/TPH rules in order to enable Apex Clearing's approval as a
Participant Firm and TPH on an expedited basis. Pursuant to its
request, Apex Clearing will fully comply with the Exchange's new
Participant/TPH requirements within 30 calendar days after provisional
approval.
    CHX Article 3, Rule 3 requires that an application for a new
Participant and TPH be made in writing and filed with the Exchange. As
part of the process, applications must be made in accordance with
Article 3, Rule 3, and the applicant must provide, among other things,
the following:
     Written Application for Registration
     Cover Letter: Indicating how and what the TPH will be used
for, signed by a principal officer, general partner, or managing member
of the firm.
     For Partnerships: Executed or certified copy of
Partnership Agreement and all amendments thereto.
     For Corporations: Copy of Articles of Incorporation, and
all amendments thereto, certified by the corporation's secretary; copy
of By-Laws, and all amendments thereto, certified by the corporation's
secretary; and certified copy of resolution authorizing registration of
the corporation as a Participant.

     For Limited Liability Companies: Operation Agreement and
Articles of Organization or Certificate of Formation.
     For all Applicants: Current executed Statement of
Financial Condition and attached balance sheet pursuant to SEC Exchange
Act Rule 15b1-2; Copies of FOCUS Part II or Part IIA Reports for the
most recent 6 month period; Copy of most recent Confidential Annual CPA
Audit prepared by firm's independent accountant; Executed copy of 15b1-
2 Information Sheet, Designation of Recipient For Service of Notice,
Executed and notarized copy of Form BD (SEC registration statement),
and amendments; names of subordinated lenders, if any; complete Forms
U-4 for all general partners, members of principal officers of
designated members (only page 2 of form U-4 for members designated to
other SRO's).
     If CHX is not the DEA for the Applicant: A copy of letter
from the Applicant to their DEA, granting the DEA permission to provide
information to the CHX, pursuant to their application for a trading
permit.
     If Applicant is a FINRA Member: A copy of the FINRA
Membership Agreement.
    In addition, the Exchange reviews whether the applicant meets
federal and CHX capital requirements and whether it has adopted
controls and procedures to comply with Exchange rules.
    Due to the amount of information an applicant is generally required
to provide and have completed prior to being approved as a Participant
and TPH, the application approval process generally takes a few weeks
to complete. The length of time varies based on the timing of the
applicant's response to requests for information and documentation.
    As proposed, Apex Clearing will continue the clearing and execution
operations of PFSI as of the open of trading on June 6, 2012. In order
to avoid interruption of these services PFSI currently provides, CHX
believes that Apex Clearing should be approved immediately as a CHX
Participant and TPH. The Exchange therefore proposes providing Apex
Clearing with a temporary suspension of CHX Article 3, Rule 3 and other
relevant rules as they relate to approval to operate as a CHX
Participant and TPH and immediately approve Apex Clearing as a
Participant and TPH. As proposed this temporary suspension is
contingent upon:
     Apex Clearing providing the Exchange with sufficient
information to confirm that Apex Clearing will meet its capital
requirements as a CHX Participant and TPH; and
     Within 30 calendar days of Apex Clearing's approval as a
Participant and TPH under this proposed filing, Apex Clearing and its
approved persons will have complied with the Exchange's new
Participant/TPH application rules and policies.
    As proposed, if Apex Clearing does not comply with all applicable
CHX Participant/TPH requirements within the aforementioned 30-day
timeframe, its status as an approved CHX Participant and TPH will no
longer be effective.
    In addition, the Exchange proposes to permit Apex Clearing to
assume all existing clearing agreements and arrangements currently in
effect with other CHX Participants by execution of global agreements
thereto. Notice of such assumption will be provided to the impacted
Participants through the issuance of CHX Information Memorandums prior
to the effective date thereof.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \10\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \11\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that
permitting the expeditious approval of Apex Clearing as a CHX
Participant and TPH will, among other things, avoid interruption of the
services PFSI currently provides to other Exchange Participants. Based
on information and representations provided by Apex Clearing, a
temporary suspension of certain CHX Participant/TPH application rules
is necessary based on the expedited nature of the transaction to ensure
a seamless continuity with respect to the transferring accounts.
Consequently, CHX believes a temporary suspension of its Participant/
TPH application rule requirements so that Apex Clearing can be approved
immediately as CHX Participant and TPH will help foster cooperation and
coordination with persons engaged in facilitating transactions in
securities and is consistent with the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to give the
Commission written notice of its intent to file the proposed rule
change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Commission is waiving this five-day pre-filing
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\17\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the five-day pre-
filing requirement and the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The
Commission notes that the Exchange is proposing that certain of its
rules relating to membership requirements be temporarily suspended so
that Apex Clearing can be provisionally approved

as a CHX Participant and TPH. The proposed relief does not exempt Apex
Clearing from Exchange rule requirements governing Participants and
TPHs. Apex Clearing would have a 30 calendar day grace period within
which to apply for and be approved under relevant Exchange rules.
Moreover, the Commission believes that waiver of the 30-day operative
delay is appropriate to ensure a smooth transition of PFSI operations
to Apex Clearing. In particular, given the rapidity with which events
have developed, waiver of the 30-day operative delay is necessary to
avoid significant disruption to PFSI's existing customers and the
market generally. Therefore, the Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest and designates the proposed rule change as
operative upon filing.\18\
---------------------------------------------------------------------------

    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2012-10 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CHX-2012-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CHX-2012-10 and should be
submitted on or before July 2, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14078 Filed 6-8-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31392-31393]
[FR Doc No: 2014-12677]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent of waiver with respect to land; Alpena County
Regional Airport, Alpena, MI.

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SUMMARY: The FAA is considering a proposal to change approximately
126.12 acres of airport land from aeronautical use to non-aeronautical
use at Alpena County Regional Airport, Alpena, MI. The aforementioned
land is not needed for aeronautical use and will be used for revenue
producing, non-aeronautical purposes.
    The property is located west of Airport Road and north of Highway
M-32. The property is currently vacant. The airport intends to market
this property for lease to non-aeronautical businesses.

DATES: Comments must be received on or before July 2, 2014.

ADDRESSES: Documents are available for review by appointment at the FAA
Airports District Office, Alex Erskine, Program Manager, 11677 South
Wayne Road, Suite 107, Romulus, Michigan 48174, Telephone: (734) 229-
2900/Fax:<PHONE_NUMBER> and Alpena County Regional Airport, 1617
Airport Road, Alpena, Michigan 49707, Telephone<PHONE_NUMBER>.
    Written comments on the Sponsor's request must be delivered or
mailed to: Alex Erskine, Program Manager, Federal Aviation
Administration, Airports District Office, 11677 South Wayne Road, Suite
107, Romulus, Michigan 48174, Telephone Number:<PHONE_NUMBER>/FAX
Number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Alex Erskine, Program Manager, Federal
Aviation Administration, Airports District Office, 11677 South Wayne
Road, Suite 107, Romulus, Michigan 48174. Telephone Number: (734) 229-
2900/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    The property is currently vacant and is not needed for current or
future aeronautical purposes. Approximately 86.27 acres of the property
was transferred to Alpena County under the provisions of the Federal
Property and Administrative Services Act of 1949 and the Surplus
Property Act of 1944. The remaining 39.85 acres was purchased by the
County in 1987 with local funds. The airport intends to market this
property for commercial non-aeronautical uses. Lease rates will be
consistent with fair market value of the land.
    The sponsor will control use of the parcel(s) through the terms and
conditions of a ground lease(s). The lease will be subordinate to the
sponsor's existing grant assurances. This will ensure that all
activities contemplated on the parcel will be compatible with FAA
requirements and airport operations. The proceeds from the lease of the
airport property will be in accordance with FAA's Policy and Procedures
Concerning the Use of Airport Revenue, published in the Federal
Register on February 16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the Alpena County Regional Airport,
Alpena, Michigan from its obligations to be maintained for aeronautical
purposes. Approval does not constitute a commitment by the FAA to
financially assist in the disposal of the subject airport property nor
a determination of eligibility for grant-in-aid funding from the FAA.
    Description For This Survey: A PARCEL OF LAND IN THE WEST \1/2\ OF
SECTION 22, T31N, R7E, WILSON TOWNSHIP, ALPENA COUNTY, MICHIGAN, LYING
WESTERLY OF THE CENTERLINE OF THE AIRPORT ENTRANCE ROAD, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF SECTION 22, T31N, R7E; THENCE S 02[deg]07'50'' E 1420.29 FEET ALONG
THE WEST LINE OF SAID SECTION 22 TO THE POINT OF BEGINNING; THENCE
CONTINUING S 02[deg]07'50'' E 1216.60 FEET ALONG THE WEST LINE OF SAID
SECTION 22 TO THE WEST \1/4\ CORNER OF SAID SECTION 22; THENCE S
02[deg]10'57'' E 2633.28 FEET ALONG THE WEST LINE OF SAID SECTION 22 TO
THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE N 88[deg]55'32'' E
1442.38 FEET ALONG THE SOUTH LINE OF SAID SECTION 22 TO THE CENTERLINE
OF

THE AIRPORT ENTRANCE ROAD; THENCE N 01[deg]17'59'' W 454.13 FEET ALONG
SAID ROAD CENTERLINE; THENCE S 88[deg]37'07'' W 213.79 FEET; THENCE N
01[deg]23'43'' W 137.98 FEET; THENCE N 88[deg]37'07'' E 214.02 FEET TO
THE CENTERLINE OF SAID AIRPORT ENTRANCE ROAD; THENCE N 01[deg]17'59'' W
1681.87 FEET ALONG SAID ROAD CENTERLINE; THENCE S 88[deg]42'01'' W
278.00 FEET; THENCE N 01[deg]17'59'' W 150.00 FEET PARALLEL WITH SAID
ROAD CENTERLINE; THENCE N 88[deg]42'01'' E 278.00 FEET TO SAID ROAD
CENTERLINE; THENCE N 01[deg]17'59'' W 260.50 FEET ALONG SAID ROAD
CENTERLINE; THENCE S 88[deg]42'01'' W 550.00 FEET; THENCE N
01[deg]17'59'' W 200.00 FEET PARALLEL WITH SAID ROAD CENTERLINE; THENCE
N 88[deg]42'01'' E 541.38 FEET TO SAID ROAD CENTERLINE; THENCE 304.69
FEET ALONG THE CENTERLINE OF SAID ROAD AND THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 825.00 FEET A DELTA ANGLE OF 21[deg]09'39'' AND
LONG CHORD BEARING N 20[deg]10'10'' W 302.97 FEET; THENCE N
30[deg]44'59'' W 371.11 FEET ALONG SAID ROAD CENTERLINE TO THE
SOUTHERLY LINE OF THE EXCLUSIVE USE LEASE PARCEL OF THE UNITED STATE OF
AMERICA; THENCE S 58[deg]55'22'' W 32.43 FEET ALONG SAID LEASE LINE TO
THE RIGHT OF WAY LINE OF AIRPORT ROAD; THENCE N 30[deg]46'02'' W 994.76
FEET ALONG SAID LEASE LINE AND THE 33 FOOT RIGHT OF WAY LINE OF AIRPORT
ROAD TO A POINT 100 FEET SOUTH OF AND AT A RIGHT ANGLE TO THE SOUTHERLY
LINE OF THE APPROACH CLEARANCE AREA TO RUNWAY 7-25 AS EXTENDED; THENCE
S 53[deg]31'18'' W 849.07 FEET PARALLEL TO AND 100 FEET SOUTHERLY OF
AND AT RIGHT ANGLES TO SAID SOUTHERLY LINE OF THE APPROACH CLEARANCE
AREA TO RUNWAY 7-25 AS EXTENDED, BACK TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINING 126.12 ACRES, MORE OR LESS. BEING SUBJECT TO A
CONSERVATION EASEMENT ON THE NORTH 700 FEET OF THE SW \1/4\ OF SAID
SECTION 22, T31N, R7E, LESS THE NORTH, WEST AND EAST 75 FEET THEREOF.
ALSO SUBJECT TO A RIGHT OF WAY OVER AND UPON THE SOUTH FOR STATE
HIGHWAY M-32. ALSO SUBJECT TO A RIGHT OF WAY OVER AND UPON THE EASTERLY
50 FEET OF THE SOUTHERLY 3,494 FEET THEREOF FOR AIRPORT ROAD. ALSO
SUBJECT TO ANY OTHER EASEMENTS, RESERVATIONS AND RESTRICTIONS, IF ANY.

    Issued in Romulus, Michigan, on May 12, 2014.
John L. Mayfield, Jr.,
Manager, Detroit Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2014-12677 Filed 5-30-14; 8:45 am]
BILLING CODE 4910-13-P