[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74781-74782]
[FR Doc No: 2011-30871]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-523-000]

Sawgrass Storage LLC; Notice of Availability of the Environmental
Assessment for the Proposed Sawgrass Storage Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an

environmental assessment (EA) for the Sawgrass Storage Project,
proposed by Sawgrass Storage LLC (Sawgrass) in the above-referenced
docket. Sawgrass requests authorization to construct and operate a new
natural gas storage facility and related pipeline facilities in a
depleted natural gas reservoir located in Lincoln and Union Parishes,
Louisiana. The project would provide a working gas storage capacity of
30 billion cubic feet.
    The EA assesses the potential environmental effects of the
construction and operation of the Sawgrass Storage Project in
accordance with the requirements of the National Environmental Policy
Act (NEPA). The FERC staff concludes that approval of the proposed
project, with appropriate mitigating measures, would not constitute a
major Federal action significantly affecting the quality of the human
environment.
The proposed Sawgrass Storage Project includes the following
facilities:

 five well pads with up to 16 horizontally drilled wells;
 five observation wells;
 approximately 5.2 miles of 20- and 24-inch-diameter gathering
pipeline;
 approximately 13.9 miles of 30-inch-diameter mainline
pipeline;
 a compressor station with approximately 19,000 horsepower of
compression;
 an interconnect with Midcontinent Express Pipeline's
interstate pipeline system; and
 appurtenant facilities.

    The FERC staff mailed copies of the EA to Federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. In addition, the EA is available for public viewing on
the FERC's Web site (http://www.ferc.gov) using the eLibrary link. A
limited number of copies of the EA are available for distribution and
public inspection at:

Federal Energy Regulatory Commission, Public Reference Room, 888 First
Street NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.

    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before December
23, 2011.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP11-523-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (http://www.ferc.gov) under the
link to Documents and Filings. This is an easy method for submitting
brief, text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (http://www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments at the following
address:

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (http://www.ferc.gov) using the eLibrary link. Click on
the eLibrary link, click on ``General Search,'' and enter the docket
number excluding the last three digits in the Docket Number field
(i.e., CP11-523). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Dated: November 23, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-30871 Filed 11-30-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Rules and Regulations]
[Page 37295]
[DOCID:fr29jn10-7]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 312 and 314

[Docket No. FDA-2010-N-0010]

Change of Address; Abbreviated New Drug Applications; Technical
Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA) is amending its
regulations to update the address for applicants to submit abbreviated
new drug applications (ANDAs) and ANDA amendments, supplements, and
resubmissions. FDA is also updating the address for ANDA applicants to
submit investigational new drug applications (INDs) for in vivo
bioavailability and bioequivalence studies in humans that are intended
to support ANDAs. This action is being taken to ensure accuracy and
clarity in the agency's regulations.

DATES: This rule is effective August 1, 2010.

FOR FURTHER INFORMATION CONTACT: Martin Shimer, Center for Drug
Evaluation and Research, Food and Drug Administration, 7500 Standish
Pl., MPN II, Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is amending 21 CFR 314.440(a)(2) to
update the address for applicants to submit ANDAs and ANDA amendments,
supplements, and resubmissions. FDA is also amending 21 CFR
312.140(a)(1) to update the address for ANDA applicants to submit INDs
for in vivo bioavailability and bioequivalence studies that are
intended to support ANDAs. The new address for all these submissions is
Office of Generic Drugs (HFD-600), Center for Drug Evaluation and
Research, Food and Drug Administration, Metro Park North VII, 7620
Standish Pl., Rockville, MD 20855. This action is being taken to ensure
accuracy and clarity in the agency's regulations.
    Publication of this document constitutes final action on these
changes under the Administrative Procedure Act (5 U.S.C. 553). FDA has
determined that notice and public comment are unnecessary because this
amendment to the regulations provides only technical changes to update
an address for the submission of ANDAs; ANDA amendments, supplements,
and resubmissions; and INDs related to ANDAs.

List of Subjects

21 CFR Part 312

    Drugs, Exports, Imports, Investigations, Labeling, Medical
research, Reporting and recordkeeping requirements, Safety.

21 CFR Part 314

    Administrative practice and procedure, Confidential business
information, Drugs, Reporting and recordkeeping requirements.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
312 and 314 are amended as follows:

PART 312--INVESTIGATIONAL NEW DRUG APPLICATION

0
1. The authority citation for 21 CFR part 312 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 360bbb, 371;
42 U.S.C. 262.

Sec.  312.140  [Amended]

0
2. Section 312.140 is amended in paragraph (a)(1) by removing ``II,
7500'' and adding in its place ``VII, 7620''.

PART 314--APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG

0
3. The authority citation for 21 CFR part 314 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 356a,
356b, 356c, 371, 374, 379e.

Sec.  314.440  [Amended]

0
4. Section 314.440 is amended in the first sentence of paragraph (a)(2)
by removing ``II, 7500 Standish Place., rm. 150'' and adding in its
place ``VII, 7620 Standish Pl.''.

    Dated: June 23, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-15711 Filed 6-28-10; 8:45 am]
BILLING CODE 4160-01-S


From: Charles Ball<EMAIL_ADDRESS>
Sent: Thursday, March 25, 2010 5:28 PM
To<EMAIL_ADDRESS>Subject: General Silencer/Converter info

Brad, here is some general info on EST oxidation silencer/converters.

                      "Affordable and efficient emission reduction solutions"
                                       www.emissionsandsilencers.com

Charles Ball
Engineering Manager
<EMAIL_ADDRESS>
20322 Hufsmith-Kohrville Rd.
Tomball, TX 77375
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>


[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Proposed Rules]
[Page 12526]
[FR Doc No: 2012-4987]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0050-201207(b); FRL-9639-3]

Approval and Promulgation of Implementation Plans; Georgia;
Atlanta; Fine Particulate Matter 2002 Base Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the fine particulate matter
(PM2.5) 2002 base year emissions inventory, portion of the
State Implementation Plan (SIP) revision submitted by the State of
Georgia on July 6, 2010. The emissions inventory is part of the
Atlanta, Georgia PM2.5 attainment demonstration that was
submitted for the 1997 annual PM2.5 National Ambient Air
Quality Standards. This action is being taken pursuant to section 110
of the Clean Air Act. In the Rules Section of this Federal Register,
EPA is approving Georgia's SIP revision as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments.

DATES: Written comments must be received on or before April 2, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0050, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2012-0050,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.

    Dated: February 10, 2012.
 A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-4987 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES June 29, 2006 MEMORANDUM SUBJECT: Sodium Cyanide ( Chemical No. 074002). Magnitude of the Residue in Fumigated Citrus Peel and Edible Pulp ( GLN 860.1500). DP Barcode D330409. Reregistration Case No. 3086. MRID No. 46868001.

FROM: Thurston G. Morton, Chemist Reregistration Branch 4 Health Effects Division ( 7509P)

THROUGH: Susan V. Hummel, Branch Senior Scientist Reregistration Branch 4 Health Effects Division ( 7509P)

TO: Wilhelmena Livingston Special Review Branch Special Review & Reregistration Division ( 7508P)

EXECUTIVE SUMMARY:

After fumigation with sodium cyanide at a rate of 1 oz NaCN/ 100 ft3, hydrogen cyanide residues in/ on orange peel averaged 1.2 ppm, 0.93 ppm, and 0.45 ppm at 8 hours, 24 hours, and 48 hours post fumigation respectively. Hydrogen cyanide residues in orange edible pulp averaged 0.027 ppm, 0.020 ppm, and 0.007 ppm at 8 hours, 24 hours, and 48 hours post fumigation, respectively. However, additional data are required. Residue data from an additional two trials are required along with residue data for whole oranges. A detailed explanation of the modifications to EPA 335.2 along with validation of this method at the reported LOD of 0.01 ppm is required. 2 INTRODUCTION/ BACKGROUND:

Washburn & Sons, Inc. has submitted data for hydrogen cyanide ( HCN) residue in/ on citrus peel and edible pulp after fumigation with sodium cyanide ( NaCN).

DISCUSSION:

Washburn & Sons, Inc. has submitted data hydrogen cyanide residue in/ on citrus peel and edible pulp after fumigation with sodium cyanide. ( 2006; MRID 46868001) titled:

Hydrogen Cyanide Residues in Citrus Peel and Edible Pulp Resulting from Post Harvest Fumigation of Citrus Author: Robert Krieger, Ph. D. Performing Laboratory: Personal Chemical Exposure Program, University of California, Riverside, CA Project ID: UCR Study Number: HCN/ 5 06 Final Report Date: May 29, 2006.

Citrus transport trailers were fumigated at a rate of 1 oz NaCN per 100 ft3 of trailer volume. Valencia oranges were fumigated at Washburn & Sons, Inc. in Highgrove, CA which is the only operator of a trailer/ truck citrus hydrogen cyanide fumigation facility for the protection of citrus against surface insects in California. The trailers were fumigated in a closed system containing NaCN by addition of sulfuric acid to water at a rate of 1 oz NaCN/ 100 ft3. After one hour of fumigation the trailer was exhausted for approximately 30 minutes.

Valencia oranges were sampled before fumigation to be used as control samples. Additional oranges were sampled at 8 hours post fumigation, 24 hours post fumigation, and 48 hours post fumigation. Samples were shipped to the laboratory where samples of peel and edible pulp were prepared by hand. Orange peel represented approximately 29 % of the total fresh weight of medium oranges. Peel and pulp samples were placed in frozen storage and transported to Microbac Laboratories, Inc. in Corona, CA. Samples were analyzed for hydrogen cyanide residues following Microbac Laboratories Standard Operating Procedure for EPA Method 335.2 modified for analysis of citrus. EPA Method 335.2 is applicable to drinking water and waste water. No detailed explanation of the modifications to this method was given. This information is required. Procedures for the analysis of water and waste water samples were submitted with the data package. One sample was spiked with a level of 0.10 ppm HCN. This spike gave a recovery of 74%. Another sample was fortified at 0.40 ppm and gave a 96 % recovery. The registrant stated the method detection limit was 0.05 ppm but lower levels were reported based on using larger sample sizes. Validation of this lower level was not submitted. No storage stability data were submitted with the data package. Samples were stored less than 30 days from sampling to analysis, therefore, no storage stability data are required. A summary of HCN residues in/ on orange peel and edible pulp are listed in Table 1. No residue data were submitted for whole oranges. Residue data from an additional two trials are required. In addition, residue data on 3 whole oranges are required.

Since the use on citrus is for citrus destined for the fresh market in Arizona only, the 8 hour samples will not be used in the dietary exposure analysis. The residue data for the 24 and 48 hour samples will be used to refine the dietary exposure analysis. The residue input for citrus peel in DEEM FCID   model will be 0.69 ppm and the residue input for citrus pulp will be 0.013 ppm. This recently submitted residue data for citrus peel and citrus edible pulp should be used for the dietary exposure analysis instead of the previously submitted data which did not reflect residues which would be incurred in/ on pulp and peel.

Table 1. Summary of Hydrogen Cyanide Residues in Orange Peel and Edible Pulp after Fumigation with Sodium Cyanide at 1 oz/ 100 ft3. Sample Matrix Hours After Fumigation Total HCN Residues ( ppm) Control < 0.005*, < 0.005, < 0.005 8 1.0, 1.3, 1.4 24 1.3, 0.70, 0.80 Orange Peel 48 0.65, 0.40, 0.30 Control < 0.005, < 0.005, < 0.005 8 0.04, 0.01, 0.03 24 0.02, 0.02, 0.02 Orange Edible Pulp 48 0.01, < 0.005, < 0.005 * ½ of the stated LOD. No validation of this LOD was submitted.

CONCLUSION:

After fumigation with sodium cyanide at a rate of 1 oz NaCN/ 100 ft3, hydrogen cyanide residues in/ on orange peel averaged 1.2 ppm, 0.93 ppm, and 0.45 ppm at 8 hours, 24 hours, and 48 hours post fumigation respectively. Hydrogen cyanide residues in orange edible pulp averaged 0.027 ppm, 0.020 ppm, and 0.007 ppm at 8 hours, 24 hours, and 48 hours post fumigation, respectively. However, additional data are required. Residue data from an additional two trials are required along with residue data for whole oranges. A detailed explanation of the modifications to EPA 335.2 along with validation of this method at the reported LOD of 0.01 ppm is required.

cc: Chem F, Chron F. Morton RDI: Team: 6/ 28/ 06; SVH: 6/ 29/ 06 TM, Thurston Morton, Cubicle s 10922, 305 6691, mail code 7509P


[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70433-70434]
[FR Doc No: 2011-29243]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12790-001]

Andrew Peklo III; Notice of Application Accepted for Filing with
the Commission, Intent to Waive Scoping, Soliciting Motions to
Intervene and Protests, Ready for Environmental Analysis, Soliciting
Comments, Terms and Conditions, Recommendations, and Prescriptions, and
Establishing an Expedited Schedule for Processing

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption From Licensing.
    b. Project No.: 12790-001.
    c. Date filed: February 16, 2011.
    d. Applicant: Andrew Peklo III.
    e. Name of Project: Pomperaug Hydro Project.
    f. Location: On the Pomperaug River, in the Town of Woodbury,
Litchfield County, Connecticut. The project would not occupy lands of
the United States.
    g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Andrew Peklo III, 29 Pomperaug Road,
Woodbury, CT 06798,<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Steve Kartalia,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
terms and conditions, recommendations, and prescriptions: Due to the
small size and particular location of this project and the close
coordination with state and federal agencies during the preparation of
the application, the 60-day timeframe in 18 CFR 4.34(b) for filing
comments, terms and conditions, recommendations, and prescriptions is
shortened. Instead, comments, terms and conditions, recommendations,
and prescriptions will be due 30 days from the issuance date of this
notice. Further, the date for filing motions to intervene and protests
will be due 30 days from the issuance date of this notice. All reply
comments must be filed with the Commission within 45 days from the date
of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site 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 at<EMAIL_ADDRESS>or toll free at 1-(866) 208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. Project Description: The Pomperaug Hydro Project would consist
of: (1) the existing 90-foot-long, 15-foot-high Pomperaug River dam
equipped with three existing gates; (2) an existing 0.1-acre
impoundment with a normal water surface elevation of 226 feet above
mean sea level; (3) an existing 40-foot-long, 42- to 50-inch-diameter
penstock; and (4) an existing powerhouse integral to the dam,
containing one new 76-kilowatt turbine generating unit. Project power
would be transmitted through a new 24-foot-long, 208-volt underground
transmission line. The proposed project is estimated to generate an
average of 300,000 kilowatt-hours annually.
    The applicant proposes to: (1) Rehabilitate the existing gates
including constructing a new intake structure with a trashrack; and (2)
construct a new fish passage facility adjacent to the existing
powerhouse.
    m. Due to the project works already existing and the limited scope
of proposed rehabilitation of the project site described above, the
applicant's close coordination with Federal and State agencies during
the preparation of the application, completed studies, and agency
recommended preliminary terms and conditions, we intend to waive
scoping, shorten the notice filing period, and expedite the exemption
process. Based on a review of the application, resource agency
consultation letters including the preliminary terms and conditions,
and comments filed to date, Commission staff intends to prepare a
single environmental assessment (EA). Commission staff determined that
the issues that need to be addressed in its EA have been adequately
identified during the pre-filing period, which included a public
meeting and site visit, and no new issues are likely to be identified
through additional scoping. The EA will consider assessing the
potential effects of project construction and operation on geology and
soils, aquatic, terrestrial, threatened and endangered species,
recreation and land use, aesthetic, and cultural and historic
resources.
    n. A copy of the application 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.
    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.
    o. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of

Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In
determining the appropriate action to take, the Commission will
consider all protests or other comments filed, but only those who file
a motion to intervene in accordance with the Commission's Rules may
become a party to the proceeding. Any comments, protests, or motions to
intervene must be received on or before the specified comment date for
the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    p. Procedural schedule: The application will be processed according
to the following procedural schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
                       Milestone                           Target date
------------------------------------------------------------------------
Notice of the availability of the EA...................      April 2012
------------------------------------------------------------------------

    Dated: November 3, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29243 Filed 11-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34564-34566]
[FR Doc No: 2017-15571]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0020]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 11 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV)
in interstate commerce. If granted, the exemptions will enable these
individuals to operate CMVs in interstate commerce without meeting the
vision requirement in one eye.

DATES: Comments must be received on or before August 24, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0020 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from

the Federal Motor Carrier Safety Regulations for a two-year period if
it finds ``such exemption would likely achieve a level of safety that
is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
two-year period.
    The 11 individuals listed in this notice have each requested such
an exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person:

    Has distant visual acuity of at least 20/40 (Snellen) in each
eye without corrective lenses or visual acuity separately corrected
to 20/40 (Snellen) or better with corrective lenses, distant
binocular acuity of at least 20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision of at least 70[deg] in
the horizontal Meridian in each eye, and the ability to recognize
the colors of traffic signals and devices showing standard red,
green, and amber.

    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

II. Qualifications of Applicants

Michael T. Allen

    Mr. Allen, 58, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``It is
my professional opinion that Michael Allen has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Allen reported that he has driven buses for five years,
accumulating 312,500 miles. He holds a Class B CDL from Arizona. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Robert F. Anneheim

    Mr. Anneheim, 48, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``It is
therefore my opinion that Mr. Anneheim has excellent vision and is able
to operate any vehicle he choses [sic] to for commercial and personal
purposes.'' Mr. Anneheim reported that he has driven straight trucks
for 20 years, accumulating 400,000 miles. He holds an operator's
license from North Carolina. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Ray C. Atkinson

    Mr. Atkinson, 64, has had a retinal detachment in his left eye
since 2011. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2017, his
ophthalmologist stated, ``. . . Mr. Atkinson's vision is sufficient to
operate a commercial vehicle.'' Mr. Atkinson reported that he has
driven straight trucks for 47 years, accumulating 2.44 million miles.
He holds a Class A CDL from Tennessee. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.

Joseph Cuthbert

    Mr. Cuthbert, 56, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is counting fingers, and in his left
eye, 20/20. Following an examination in 2016, his optometrist stated,
``Overall, I feel that Mr. Cuthbert is doing quite well and in my
medical opinion has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cuthbert reported that
he has driven straight trucks for 40 years, accumulating 240,000 miles.
He holds an operator's license from Pennsylvania. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Kent W. Fulp

    Mr. Fulp, 48, has had pars planitis in his right eye since 2008.
The visual

acuity in his right eye is 20/50, and in his left eye, 20/20. Following
an examination in 2017, his ophthalmologist stated, ``Mr. Fulp has
adequate vision to perform the driving tasks to operate a commercial
vehicle.'' Mr. Fulp reported that he has driven straight trucks for 30
years, accumulating 300,000 miles and tractor-trailer combinations for
30 years, accumulating 300,000 miles. He holds a Class A CDL from North
Carolina. His driving record for the last three years shows one crash
and no convictions for moving violations in a CMV.

Edward P. Hutton

    Mr. Hutton, 60, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2017, his ophthalmologist
stated, ``His OS is amblyopic and lifelong. If he has performed well as
a commercial driver in the past, he should continue to do so.'' Mr.
Hutton reported that he has driven straight trucks for 14 years,
accumulating 175,000 miles. He holds a Class A CDL from Idaho. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Stephen McLaren

    Mr. McLaren, 33, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2016, his optometrist stated, ``Based
on today's examination, it is my opinion that Stephen McLaren's
refractive amblyopia in the left eye is stable and will not prevent him
from driving tasks necessary to operate a commercial vehicle.'' Mr.
McLaren reported that he has driven straight trucks for five years,
accumulating 36,000 miles. He holds a Class B CDL from Tennessee. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Robert E. Richards

    Mr. Richards, 31, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``In my
medical opinion Mr. Richards has sufficient vision to perform the
driving tasks required to operate a commercial vehicle and his visual
deficiency is stable.'' Mr. Richards reported that he has driven
straight trucks for two years, accumulating 50,000 miles, and tractor-
trailer combinations for 11 years, accumulating 880,000 miles. He holds
a Class A CDL from Maine. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

James R. Robinette

    Mr. Robinette, 25, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2017, his optometrist
stated, ``Based on these findings, Mr. Robinette has sufficient vision
to operate a commercial vehicle.'' Mr. Robinette reported that he has
driven straight trucks for four years, accumulating 3,120 miles. He
holds a Class B CDL from Virginia. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.

James Tucker

    Mr. Tucker, 57, has a prosthetic left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, no light perception. Following an examination in 2017,
his optometrist stated, ``It is our opinion that your visual abilities
are adequate for driving a commercial vehicle.'' Mr. Tucker reported
that he has driven straight trucks for three years, accumulating 63,000
miles. He holds a Class A CDL from Tennessee. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.

Alvin White

    Mr. White, 61, has an enucleated left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/15, and
in his left eye, no light perception. Following an examination in 2017,
his optometrist stated, ``It is my opinion that Mr. Alvin White has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. White reported that he has driven straight
trucks for six years, accumulating 60,000 miles and tractor-trailer
combinations for six years, accumulating 600 miles. He holds a Class A
CDL from Tennessee. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0020 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0020 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: July 18, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-15571 Filed 7-24-17; 8:45 am]
 BILLING CODE 4910-EX-P


1 SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE NSPS SUBPART E FOR INCINERATORS 1. Identification of the Information Collection 1( a) Title and Number of the Information Collection ICR for New Source Performance Standard ( NSPS) for Incinerators. Environmental Protection Agency ( EPA)

tracking number 1058.7. Office of Management and Budget ( OMB) Control number 2060 0040.

1( b) Short Characterization The New Source Performance Standards ( NSPS) for Incinerators were promulgated on December 23, 1971. These standards apply to incinerators that charge more than 45 megagrams per day ( 50 tons per day) of solid waste for the purpose of reducing the volume of the waste after promulgation of NSPS Subpart E in 1971. Solid waste is defined as refuse that is more than 50 percent municipal type waste. This information is being collected to assure compliance with 40 CFR Part 60 Subpart E.

Owners or operators of the affected facilities described must make one time only notifications including: ( 1) notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate; ( 2) notification of the initial performance test, including information necessary to determine the conditions of the performance test; and ( 3) performance test measurements and results. Owners or operators 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. Monitoring requirements specific to NSPS Subpart E provide information on daily charging rates and hours of operation. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records.

Approximately 96 sources are currently subject to the standard. Of that, it is estimated that no new sources will become subject to NSPS Subpart E in the next three years, as new 2 sources will be subject to Part 60 NSPS Subpart Eb or Part 60 NSPS Subpart AAAA. Large Municipal Waste Combustors ( MWC) with a capacity greater than 225 megagrams per day that are constructed, modified, or reconstructed after September 20, 1994 are subject to NSPS Subpart Eb. Small MWCs with capacities of 35 to 250 tons per day of municipal solid waste that commenced construction after August 30, 1999, or commenced reconstruction or modification after June 6, 2001 are subject to NSPS Part 60 Subpart AAAA. It is not anticipated that any small MWC will commence reconstruction or modification between now and June 6, 2001.

While it is not anticipated that new sources will be subject to reporting requirements, existing sources will still need to comply with the record keeping requirements of the regulations.

The cost of this ICR will be $ 301,644.16 ( labor costs) and $ 240,000 ( operating and maintenance costs) dollars. The Agency determined the number of affected sources by reviewing and analyzing information contained in EPA's Air Docket  Municipal Waste Combustion/ Federal Plan for Large Units ( A97 45).

2. Need for Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act, as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.

The Agency refers to this charge as selecting the best demonstrated technology. Section 111 of the Clean Air Act also requires that the Administrator review and, if appropriate, revise such standards every four years. In addition, Section 114( a) states that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C) install, use,

and maintain such monitoring equipment or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe),

and ( D) sample such emissions, ( E) Keep records on control equipment parameters, 3 production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G) provide such other information as he may reasonably require.

In the Administrator's judgement, particulate matter emissions from municipal incinerators causes or contributes to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS for municipal incinerators were promulgated for this source category at 40 CFR Part 60, Subpart E.

2( b) Practical Utility/ Users of the Data The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard. The information generated by the monitoring, recordkeeping, and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to achieve compliance with the NSPS. Adequate monitoring, recordkeeping, and reporting is necessary to ensure compliance with these standards, as required by the Clean Air Act.

The information collected from the recordkeeping and reporting requirements is also used for targeting inspections and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultation, and Other Collection Criteria 3( a) Nonduplication The recordkeeping and reporting requested is required under 40 CFR Part 60 Subpart E.

If the standard has not been delegated the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or local agency. If a State or local agency has adopted their own similar regulation to implement NSPS Subpart E, a copy of the report submitted to the State or local agency can be sent to the EPA Administrator in lieu of the report required by the Federal standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on August 17, 2000 ( 65 FR 50196). 4 3( c) Consultation No comments were received in response to the burden published in the Federal Register on August 17, 2000.

3( d) Effects of Less Frequent Collection If the information required by these standards was collected less frequently, the main consequence would be that the chances of detecting poor operation and maintenance of control equipment would decrease. Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.

3( e) General Guidelines None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251,

September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 or otherwise pertinent to this request contain sensitive questions.

4. Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are municipal waste combustors ( SIC Code 4953 Refuse Systems and SIC Code 9511 Air & Water Resource & Solid Waste Management) that charge more than 45 megagrams per day ( 50 tons per day) after 5 promulgation of NSPS Subpart E in 1971.

b. Information Requested ( I) Data Items All data in this ICR that is recorded and reported is required by 40 CFR Part 60 Subpart E or the General Provisions of 40 CFR Part 60. Owners or operators of affected facilities must provide notification of: ( 1) the date of construction or reconstruction ( 40 CFR § 60.7( a)( 1)); ( 2)

the anticipated date of startup ( 40 CFR § 60.7( a)( 2); ( 3) the actual date of startup ( 40 CFR § 60.7( a)( 3)); ( 3) any physical or operational change to an existing facility which may increase the regulated pollutant emission rate ( 40 CFR § 60.7( a)( 4)); ( 4) the date of the initial performance test ( 40 CFR § § 60.8( d), 60.52( a), and 60.54( a)); and ( 5) results of the initial performance test,

including information necessary to determine the conditions of the performance test, and performance test measurements and results ( 40 CFR § § 60.8( d), 60.52( a), 60.54( a)). Owners or operators of affected facilities must also report on the results of the initial performance test. ( 40 CFR § § 60.8( d), 60.52( a), 60.54( a)). Owners or operators of affected facilities must record: ( 1)

information necessary to determine the conditions of the initial performance test and performance test measurements and results, including conversion factors and measurements of emissions ( 40 CFR § § 60.52( a), 54( a)); ( 2) 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 ( 40 CFR § 60.7( b)); ( 3) the daily charging rates and hours of operation ( 40 CFR § 60.53( a)); ( 4) periods when the monitoring system is inoperative ( 40 CFR § 60.7( b)); and ( 5) malfunctions of the air pollution control equipment. ( 40 CFR § 60.7( b)). Any owner or operator subject to the provisions of this part shall maintain a file of these measurements and shall retain the file for at least two years following the date of such measurements, maintenance reports, and records.

( II) Respondent activities To comply with the notification, recordkeeping, and reporting requirement of NSPS Subpart E, the respondent is required: ( 1) to read instructions; ( 2) perform the initial performance test; ( 3) write the notifications and reports listed above; ( 4) enter the information required to be recorded above; ( 5) submit the required reports developing, acquiring, installing, and utilizing 6 technology and systems for the purpose of collecting, validating, and verifying information; ( 6)

develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information; ( 7) develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information; ( 8) adjust the existing ways to comply with any previously applicable instructions and requirements; and ( 9) train personnel to be able to respond to a collection of information transmitting, or otherwise disclosing the information. The respondent may also be required to repeat the initial performance test.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management.

5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage,

and distribution of the information required under 40 CFR Subpart E: ( 1) observes initial and repeat performance tests; ( 2) reviews notifications and reports, including excess emissions reports, required to be submitted by respondents; ( 3) audits facility records; and ( 4) compiles data in the Aerometric Information Retrieval System ( AIRS) database.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect a source to check if the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard and note the operating conditions under which compliance was achieved. Data obtained during periodic visits by Agency personnel from records maintained by the respondents are tabulated and published for internal Agency use in compliance and enforcement programs.

Information contained in the reports is entered into the AIRS Facility Subsystem ( AFS)

which is operated and maintained by EPA's Office of Air Quality Planning and Standards. The AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement by State and local regulatory agencies,

EPA Regional Offices and EPA Headquarters. EPA can edit, store, retrieve and analyze the data via personal computer terminals. 7 The records required by this NSPS must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility The Agency does not expect that any municipal incinerators, including small businesses,

subject to the standards would experience adverse impacts related to the cost of the required recordkeeping and reporting. The information collection requirements are the minimum necessary to demonstrate compliance.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown on Table 2A 6. Estimating the Burden and Cost of the Collection Table 2A documents the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions are identified.

Responses to this information collection are mandatory under Section 111 of the Clean Air Act and NSPS Subpart E. The 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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 8544 person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods,

Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received about the time necessary to prepare reports.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses labor rates of $ 17.09/ hour plus 110% overhead cost, which equals $ 35.89 from the United States Department of Commerce Bureau of Labor Statistics, March 1998, Table 2: Employment Costs for Civilian Workers by Occupational and Industry Group. 8 ( ii) Estimating Capital and Operations and Maintenance Costs The type of industry costs associated with the information collection activity in the standards are labor. The respondent costs have been calculated on the basis of discussions with owners and operators of affected facilities. The average annual cost to industry over the next three years of the ICR is estimated to be $ 240,000 ( operating and maintenance costs of $ 2500 per year multipled by the ninety six existing facilities).

( iii) Capital/ Start up vs. Operating and Maintenance Costs Costs are not applicable because there is no continuous monitoring for affected facilities under Subpart E.

6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information.

Publication and distribution of the information are part of AFS which is operated and maintained by the Agency's Office of Air Quality Planning and Standards. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of the Agency's overall compliance and enforcement program.

The average annual Federal Government cost during the three years of the ICR is estimated to be $ 0. This cost is based on an average wage of a GS 10 step 1 employee rate and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Agency Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs The number of existing sources subject to the New Source Performance Standards for Municipal Incinerators, 40 CFR Subpart E is approximately 96. The number of new sources subject to New Source Performance Standards for Municipal Incinerators, 40 CFR Subpart E is expected to be zero during the period covered by this ICR. The total annual labor costs are $ 301,644.16 and operating and maintenance costs to the regulated entity are $ 240,000. Details upon which this estimate is based appear in Table 2A and Table 2B: Industry Burden.

6( e) Bottom Line Burden Hours And Cost Tables See attached Table 2A & 2B.

6( f) Reasons for Change in Burden 9 There was no change in the burden from the most recently approved ICR. No new sources are anticipated in the next three years.

6( g) Burden Statement 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 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 and OMB control number in any correspondence. 10 Source Data and Information Requirements  40 CFR Part 60, Subpart E Requirement Regulation Reference General Provision Reference Recordkeeping Records of the occurrence and duration of any startup, shutdown, or malfunction in operation 40 C. F. R. § 60.7( b)

Records of malfunctions of the air pollution control equipment 40 C. F. R. § 60.7( b)

Records of periods when the monitoring system is inoperative 40 C. F. R. § 60.7( b)

Records of daily charging rates and hours of operation 40 C. F. R. § 60.53( a)

Records of the initial performance test results 40 C. F. R. § § 60.52( a), 60.54( a) 1 Time Only 40 C. F. R. § 60.8( c)

Reports Notification of the date of construction or reconstruction 1 Time Only 40 C. F. R. § 60.7( a)( 1)

Notification anticipated date of initial startup 1 Time Only 40 C. F. R. § 60.7( a)( 2)

Notification of actual startup date 1 Time Only 40 C. F. R. § 60.7( a)( 3)

Notification of any physical or operational change to an existing facility which may increase the emission rate of any regulated pollutant 40 C. F. R. § 60.7( a)( 4)

Notification of the initial performance test date 40 C. F. R. § § 60.52( a), 60.54( a) 1 Time Only 40 C. F. R. § 60.8( d)

Notification of the results of the initial performance test 40 C. F. R. § § 60.52( a), 60.54( a) 1 Time Only 40 C. F. R. § 60.8( a) 11 Table 2B: Annual Burden of Reporting and Recordkeeping Requirements under NSPS for Municipal Waste Incinerators  Subpart E Capital/ Start up and Operating and Maintenance Costs Activity ( A) Respondents Cost ( B)

Number of Facilities ( C)

Total Cost Per year 1. Capital/ Start up Cost1 5000 02 0 2. Operating & Maintenance3 2500 964 240000 TOTAL COSTS 240000 1. Capital/ Startup costs are annualized over three years.

2. It is anticipated that no new, modified, or reconstructed facility will be constructed during the period covered by the Information Collection Request.

3. Annual Operation & Maintenance costs including photocopying and postage.

4. Approximately 96 plants operating 232 units are currently subject to the requirements. a It is anticipated that 0 new, modified, or reconstructed facility will be constructed during the period covered by the Information Collection Request.

b Costs are based on the following hourly rates: technical at $ 36.5, management at $ 53.9, and clerical at $ 16.5.

c Assumes 10 percent of the facilities performance tests are attended by EPA personnel ( 1 per year x 10 percent).

d Assumes 20 percent of initial performance tests must be repeated due to failure ( 1 per year x 20 percent).

e Assumes 10 percent of retests are attended by EPA personnel ( 1 per year x 10 percent).

f Assumes 10 percent of facilities would undergo physical or operational changes ( 1 per year x 10 percent).

g Assumes 10 percent of facilities would undergo audits and record reviews ( 96 per year x 10 percent).

h Assumes 10 percent of facilities would undergo audits and record reviews ( 96 per year x 10 percent).

12 Table 1: Annual Burden and Cost to the Federal Government NSPS for Municipal Waste Incinerators  Subpart E Activity ( A)

EPA hr./ Occurrence ( B) Occurrences per year ( C) Plants per yeara ( D) Technical Person hours Per Year ( D= AxBxC) ( E) Management Person hours Per Year ( E= Dx 0.05) ( E) Clerical Person hours Per Year ( F= Dx0.1) ( G) Total Cost Per yearb Initial Performance Test ( Observe Monitoring) 40 0.2c 0 0 0 0 0 Repeat Performance Test Retesting prep. 16 0.4d 0 0 0 0 0 Retesting 120 0.2e 0 0 0 0 0 Report Review Notification of Construction/ Reconstruction 2 2 0 0 0 0 0 Notification of Anticipated Date of Initial Startup 2 0.2 f 0 0 0 0 0 Notification of Actual Startup 2 2 0 0 0 0 0 Notification of Any Physical or Operational Change Which May Increase Emission Rates of Any Regulated Pollutant 2 2 0 0 0 0 0 Test Results 8 1.2 0 0 0 0 0 Audit and Review Facility Records 6 10g 1 Use of the Aerometric Information Retrieval System 2 10 h TOTAL ANNUAL HOURS/ DIRECT PERSONNEL COST 0 0 0 0 TRAVEL EXPENSES ( 2 person x 0 sources/ yr x 2 days/ source x $ 50 per diem)+

($ 500 RT/ source x 0 sources/ yr) = 0 TOTAL ANNUAL COST 0 0 1. It is anticipated that no new, modified, or reconstructed facility will be constructed during the period covered by the Information Collection Request.

2. Costs are based on the following hourly rate: technical employee at $ 35.89.

3. Assumes 60 person hours pretests/ test preparation, 60 hours test, and 80 hours analysis and report preparation.

4. Approximately 96 plants operating 232 units are currently subject to the requirements.

5. Approximately 96 plants operating 232 units are currently subject to the requirements.

Table 2A: Annual Burden of Reporting and Recordkeeping Requirements under NSPS for Municipal Waste Incinerators  Subpart E Activity ( A)

Person hours per Occurrence ( B) Number of Occurrences per respondent per year ( C)

Person hours per respondent per year ( D) Respondents per year1 ( E) Technical Person hours Per Year ( E= CxD) ( F) Total Cost Per year 2 1. Applications Not Applicable 2. Surveys and Studies Not Applicable 3. Reporting Requirements A. Read Instructions 1 1 1 0 0 0 B. Required Activities3 Initial Performance Test 200 1 200 0 0 0 C. Create Information on Performance Test Included in 3B D. Gather Existing Information Not Applicable E. Write Report Notification of Construction/ Reconstruction 2 1 2 0 0 0 Notification of Anticipated Date of Initial Startup 2 1 2 0 0 0 Notification of Actual Startup 2 1 2 0 0 0 Notification of Any Physical or Operation Changes Which May Increase Emission Rates of Any Regulated Pollutants 2 1 2 0 0 0 Notification of Initial Performance Test 2 1 2 0 0 0 Report of Initial Performance Test Included in 3B 4. Recordkeeping Requirements A. Read Instructions Included in 4E B. Plan Activities Included in 4E C. Implement Activities Included in 4E D. Develop record systems Not Applicable E. Time to enter information Record of Occurrence and Duration of Startup,

Shutdown, or Malfunction, Emissions, Monitoring System Nonoperations, and Initial Performance Test Results 1.5 1 1.5 964 144 5168.16 Records of Daily Charging Rates and Hours of Operation .25 350 87.5 965 8400 301476 F. Time to Train Personnel Not Applicable G. Time for Audits Not Applicable TOTAL ( Labor Cost Only) 8544 306644.16


[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]
[Page 44600-44601]
[DOCID:fr08au07-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56184; File No. SR-NSCC-2007-10]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Fees Charged for Its Positions and Valuations
Service

 August 2, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on May 11, 2007, the National
Securities Clearing Corporation (``NSCC'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II, and III below, which items have been prepared
primarily by NSCC. NSCC filed the proposed rule change pursuant to
section 19(b)(3)(A)(ii) of the Act \2\ and Rule 19b-4(f)(2) thereunder
\3\ so that the proposal was effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \3\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to reduce the fees that
NSCC charges for its Positions and Valuations service (``POV''), which
is part of the Insurance and Retirement Processing Service (``IPS'')
effective July 1, 2007.\4\
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    \4\ The Insurance and Retirement Processing Service was formerly
called the Insurance Processing Service.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NSCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\5 \
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    \5\ The Commission has modified the text of the summaries
prepared by NSCC.

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

    The purpose of the proposed rule change is to reduce the fees that
NSCC charges for its POV service effective July 1, 2007.
    The transaction fees schedule for the IPS POV service is tiered
according to the numbers of transaction processed. The following chart
shows the current fees and the proposed reduced fees.

----------------------------------------------------------------------------------------------------------------
          POV position records                     Current (items)                     Proposed (items)
----------------------------------------------------------------------------------------------------------------
From 0 to 500,000 items per month......  $8.00 per 1,000....................  $ no change.
From 500,001 to 2,000,000 items per      $4.50 per 1,000....................  $4.00 per 1,000.
 month.
From 2,000,001 to 4,000,000 items per    $3.75 per 1,000....................  $3.00 per 1,000.
 month.
For 4,000,001 or more items per month..  $3.50 per 1,000....................  $2.00 per 1,000.
----------------------------------------------------------------------------------------------------------------

    These fees are being reduced due to an increase in volume and
revenue in NSCC's IPS over recent years which has resulted in excess
revenue for these services.
    The proposed rule change is consistent with the requirements of
Section 17A of the Act \6\ and the rules and regulations thereunder
applicable to NSCC because the proposed change provides for the
equitable allocation of dues fees and other charges among NSCC members
and aligns fees for services with the associated cost to deliver the
service.
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    \6\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. NSCC will notify the Commission of any
written comments received by NSCC.

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

    The foregoing rule change has become effective upon filing pursuant
to section 19(b)(3)(A)(ii) of the Act \7\ and Rule 19b-4(f)(2) \8\
thereunder because the rule establishes a due, fee, or other charge. At
any time within sixty days of the filing of the proposed rule change,
the Commission could have summarily abrogated such rule change if it
appeared to the Commission that such action was necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NSCC-2007-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2007-10. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. The text of the proposed rule change is available at
NSCC, the Commission's Public Reference Room, and http://www.nscc.com/legal/2007/2007-10.pdf.
 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-NSCC-2007-10 and should be submitted on or before August 29, 2007.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-15433 Filed 8-7-07; 8:45 am]

BILLING CODE 8010-01-P