[Federal Register: February 5, 2010 (Volume 75, Number 24)]
[Notices]
[Page 6024-6025]
[DOCID:fr05fe10-70]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0393; FRL-9109-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Printing and
Publishing Industry (Renewal), EPA ICR Number 1739.06, OMB Control
Number 2060-0335

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before March 8, 2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0393, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 8, 2009 (74 FR 32580), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2009-0393, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential

Business Information (CBI), or other information whose public
disclosure is restricted by statute. For further information about the
electronic docket, go to http://www.regulations.gov.
    Title: NESHAP for Printing and Publishing Industry (Renewal).
    ICR Numbers: EPA ICR Number 1739.06, OMB Control Number 2060-0335.
    ICR Status: This ICR is schedule to expire on March 31, 2010. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The National Emission Standards of Hazardous Air
Pollutants (NESHAP) for Printing and Publishing Industry were proposed
on March 14, 1995 (60 FR 13664), promulgated on May 30, 1996 (61 FR
27131), and amended on May 24, 2006 (71 FR 29792). These standards
apply to the following facilities in 40 CFR subpart KK: Publication
rotogravure, product and packaging rotogravure, and wide-web
flexographic printing presses at major sources. The effective date was
May 30, 1999, for sources existing on May 30, 1996. For new sources or
reconstructed sources after May 30, 1996, the effective date of startup
is May 30, 1996, whichever is later.
    Owners and operators of a new and existing area source are subject
to the General Provision (40 CFR part 63, subpart A). In general, all
NESHAP standards require initial notifications, performance tests
plans, and periodic reports by the owners/operators of the affected
facilities. For the facilities installing continuous monitoring systems
(CMS), there are performance test and maintenance reports.
    They are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. These notifications, reports, and records are essential
in determining compliance and are required of all affected facilities
subject to NESHAP. Semiannual summary reports are also required.
    Any owner or operator subject to the provisions of this subpart
must maintain a file of these measurements, and retain the file for at
least five years following the collection of such measurements,
maintenance reports, and records.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 63, subpart KK, as
authorized in sections 112 and 114(a) of the Clean Air Act. The
required information consists of emissions data and other information
that have been determined to be private.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA
regulations listed in 40 CFR part 9 and 48 CFR chapter 15, are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information estimated to average 95 hour
per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose, and 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. All
existing ways will have to adjust to comply with any previously
applicable instructions and requirements that have subsequently
changed; 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.
    Respondents/Affected Entities: Printing and publishing industry.
    Estimated Number of Respondents: 352.
    Frequency of Response: Initially, annually, and semiannually.
    Estimated Total Annual Hour Burden: 58,215.
    Estimated Total Annual Cost: $5,888,997, which includes $5,474,997
in labor costs, $0 in capital/startup costs, and $414,000 in operation
and maintenance (O&M) costs.
    Changes in the Estimates: There is a change in this ICR as compared
to the previous one. Based on our discussions with the printing and
publishing industry representatives, the printing industry in
particular, will be experiencing essentially a flat production in the
coming years with no new facilities anticipated. This ICR also reflects
the most recent hourly labor rates which, takes into account the
managerial, technical and clerical burdens as compared to the previous
ICR. Corrections include a minor mathematical error and recalculation
of the number of responses.
    There is a small increase in the capital/startup and operations and
maintenance (O&M) costs from the previous ICR, which is due to
rounding-up the number of affective respondents.

    Dated: February 1, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-2536 Filed 2-4-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Rules and Regulations]
[Pages 28989-28991]
[FR Doc No: 2023-09574]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0303]
RIN 1625-AA09

Drawbridge Operation Regulation; Trail Creek, Michigan City, IN

AGENCY:  Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Amtrak Railroad Bridge, mil 0.9, across Trail Creek, in
Michigan City, Indiana, to allow it to operate remotely. The bridge has
operated remotely since 2003 without inclusion in the CFR. During that
period, the Coast Guard has not received any reports of incident or
public complaint.

DATES: This rule is effective June 5, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2022-0303) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register IGLD85 International Great Lakes Datum of 1985
Left As viewed from the mouth of the river
LWD Low Water Datum Based on IGLD85 NPRM Notice of Proposed
Rulemaking
OMB Office of Management and Budget
Right As viewed from the mouth of the river
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 25, 2022, the Coast Guard published a NPRM entitled
``Drawbridge Operation Regulation: Trail Creek, Michigan City, IN'' in
the Federal Register (87 FR 31794). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this regulatory change. During the comment period that ended on July
25, 2022, we received one comment unrelated to this rulemaking.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Amtrak Railroad Bridge, mile 0.9, over Trail Creek, in Michigan
City, Indiana, was authorized to operate remotely by letter during the
United States Coast Guard's transition from the Department of
Transportation to the Department of Homeland Security. Inclusion of the
Amtrak Railroad Bridge, mile 0.9, into the regulations was overlooked
and this proposed rule will correct that oversight. Further, the Coast
Guard was able to use the rulemaking process as a means to provide the
public

the opportunity to comment on the bridge operations.
    Trail Creek is 7.3 miles long and used by small powered and
unpowered recreational vessels, commercial passenger vessels, and
fishing vessels. Freighters have not utilized the waterway for several
years. The Amtrak Railroad Bridge, mile 0.9, over Trail Creek is a
swing railroad bridge and provides a horizontal clearance of 41 feet in
the right draw and 44 feet in the left draw and a vertical clearance of
7 feet above LWD in the closed position and an unlimited vertical
clearance in the open position. Each day during the summer,
approximately 35 recreational and commercial fishing vessels transit
the Amtrak Railroad Bridge, mile 0.9; most of the 35 vessels make daily
roundtrips, transiting the bridge two times each day.

IV. Discussion of Comments, Changes, and the Final Rule

    We did not receive any comments concerning the proposed regulatory
language from the NPRM so the proposed language will be published in
this FR without change.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge without change to the operating
schedule of the bridge. The remote operations equipment acts as if a
drawtender is present with the ability to receive all signals.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard did not receive any comments from the Small
Business Administration on this rule.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
    During the NPRM comment period, we did not receive any comments
concerning this bridge and we do not intend to make changes from the
proposed language to the final rulemaking.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. During the NPRM comment period that lasted 60-days we
did not receive any comments.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.3.

0
2. In Sec.  117.401 Trail Creek, revise paragraph (b) to read as
follows:

Sec.  117.401  Trail Creek.

* * * * *
    (b) The draw of the Amtrak Railroad Bridge, mile 0.9, at Michigan
City shall open on signal, except from December 1 through March 15 the
draw shall open if at least 12-hours advance notice is given. The
bridge is authorized to be operated remotely. The bridge shall operate
and maintain a VHF-FM Marine Radio.
* * * * *

    Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-09574 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P