[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77817-77820]
[FR Doc No: 2011-32075]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9327-8]

Agency Information Collection Activities; Proposed Renewal of
Several Currently Approved Collections; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit requests to renew several currently approved Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICRs are specifically identified in this document by their
corresponding titles, EPA ICR numbers, OMB Control numbers, and related
docket identification (ID) numbers. Before submitting these ICRs to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the information collection activities.

DATES: Comments must be received on or before February 13, 2012.

ADDRESSES: Submit your comments, identified by the docket ID number for
the corresponding ICR as identified in this document, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number for the
corresponding ICR as identified in this document. EPA's policy is that
all comments received will be included in the docket without change and
may be made available on-line at http://www.regulations.gov, including
any personal information provided, unless the comment includes
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through regulations.gov or email. The regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through regulations.gov, your email address will be automatically
captured and included as part of the comment that is placed in the
docket and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the docket are listed in the docket index
available in http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rame Cromwell, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What do I need to know about PRA?

    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information subject to PRA approval
unless it displays a currently valid OMB control number. The OMB
control numbers for EPA's regulations in title 40 of the Code of
Federal Regulations (CFR), after appearing in the preamble of the final
rule, are further displayed either by publication in the Federal
Register or by other appropriate means, such as on the related
collection instruments or form, if applicable. The display of OMB
control numbers for certain EPA regulations is consolidated in a list
at 40 CFR 9.1.
    Under PRA, 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 which 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.

IV. Which ICRs are being renewed?

    EPA is planning to submit a number of currently approved ICRs to
OMB for review and approval under PRA. In addition to specifically
identifying the ICRs by title and corresponding ICR, OMB and docket ID
numbers, this unit provides a brief summary of the information
collection activity and the Agency's estimated burden. The Supporting
Statement for each ICR, a copy of which is available in the
corresponding docket, provides a more detailed explanation.

A. Docket ID Number EPA-HQ-OPP-2011-0737

    Title: Application and Summary Report for an Emergency Exemption
for Pesticides.
    ICR numbers: EPA ICR No. 0596.10, OMB Control No. 2070-0032.
    ICR status: The approval for this ICR is scheduled to expire on
July 31, 2012.
    Affected entities: Entities potentially affected by this ICR
include Administration of Environmental Quality Programs, subsector
groups, or government establishments primarily engaged in the
administration of environmental quality.
    Abstract: This Information Collection Request (ICR) is a renewal of
an existing ICR that is currently approved by OMB and is due to expire
July 31, 2012. Section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizes EPA to grant emergency exemptions to
states and Federal agencies to allow an unregistered use of a pesticide
for a limited time if EPA determines that emergency conditions exist. A
section 18 action arises when growers and others encounter a pest
problem on a site for which there is either no registered pesticide
available, or for which there is a registered pesticide that would be
effective but is not yet approved for use on that particular site.
Section 18 also allows EPA to grant unregistered pesticide use
exemptions for public health and quarantine reasons.
    Most requests for emergency exemptions are made by state lead
agricultural agencies, although agencies such as the United States
Departments of Agriculture (USDA), Defense (DOD) and Interior (USDI)
also request exemptions. This process is generally initiated when
growers in particular regions identify an urgent, non-routine situation
which registered pesticides will not alleviate. The growers contact
their state lead agency (usually a state's department of agriculture)
and request that the state agency apply to EPA for a section 18
emergency exemption for a particular use. The state agency evaluates
the requests and submits requests to EPA for emergency exemptions they
believe are warranted. The uses are requested for a limited period of
time to address the emergency situation only.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average
15,741 for state government applicants for FIFRA section 18 program.
The ICR, a copy of which is available in the docket, provides a
detailed explanation of this estimate, which is only briefly summarized
here:
    Estimated total number of potential respondents: 60.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 2-
3.
    Estimated total annual burden hours: 15,741 hours.
    Estimated total annual costs: $917,993. This is the estimated
burden cost; there is no cost for capital investment or maintenance and
operational costs in this information collection.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall decrease of 33,759 hours in the
total estimated respondent burden identified in the currently approved
ICR. The total annual respondent burden cost has decreased due to a
change in the average number of section 18s requested per year from 494
to 159. For the next renewal cycle the Agency projects it will receive
approximately 159 section 18 applications each year over the next three
years. The Agency believes that respondents will experience some burden
reduction over the next three years due to the streamlined
recertification process for section 18 applications.

B. Docket ID Number EPA-HQ-OPP-2011-0843

    Title: Notice of Arrival of Pesticides and Devices under Section
17(c) of FIFRA.
    ICR numbers: EPA ICR No. 0152.10, OMB Control No. 2070-0020.
    ICR status: The approval for this ICR is scheduled to expire on
August 31, 2012.
    Affected entities: Entities potentially affected by this ICR are
individuals or entities that import pesticides into the United States.
The North American Industrial Classification System (NAICS) codes
assigned to the parties responding to this information collection
include NAICS code 236220 (commercial and institutional building
construction), sector 11 (agriculture, forestry, fishing, and hunting),
and sector 42 (wholesale trade). The majority of responses come from
entities that fall under NAICS code 325300 (pesticide and other
agricultural chemical manufacturing).
    Abstract: The Customs and Border Protection (CBP) regulations at 19
CFR 12.112 require that an importer desiring to import a pesticide or
device into the United States shall, prior to the shipment's arrival in
the United States, submit a Notice of Arrival of Pesticides and Devices
(EPA Form 3540-1) to EPA. EPA Form 3540-1 requires the identification
and contact information of parties involved in the importation of the
pesticide or device and information on the identity of the imported
pesticide or device shipment. EPA will review the form and indicate the
disposition of the shipment upon its arrival in the United States. Upon
completing Form 3540-1, EPA returns the form to the importer of record
or authorized agent, who must present the form to CBP upon arrival of
the shipment at the port of entry. This is necessary to ensure that EPA
is notified of the arrival of pesticides and devices as required under
the FIFRA section 17(c), and that EPA has the ability to examine such
shipments to determine compliance with FIFRA. Upon the arrival of the
shipment, the importer presents the completed notice of arrival (NOA)
to the CBP District Director at the port of entry. CBP compares entry
documents for the shipment with the NOA and notifies the EPA regional
office of any discrepancies.
    During this renewal of this information collection, EPA proposes to
amend Form 3540-1. The proposed amendments clarify the instructions for
completing the form, revise the data items, and update the terminology
used on the form to be consistent with those

used by CBP. In addition, EPA is capturing the burden of providing
supplemental information submitted with Form 3540-1 to the Agency by
most importers on a voluntary basis.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.43
hours per response. The ICR, a copy of which is available in the
docket, provides a detailed explanation of this estimate, which is only
briefly summarized here:
    Estimated total number of potential respondents: 28,000.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 12,040 hours.
    Estimated total annual costs: $685,146. This is the estimated
burden cost; there is no cost for capital investment or maintenance and
operational costs in this information collection.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall increase of 4,540 hours in the total
estimated respondent burden identified in the currently approved ICR.
This increase is a result of an increase in the annual number of NOAs
submitted and an increase in the burden hours per response. The annual
number of NOAs submitted to EPA increased from 25,000 to 28,000. The
average burden hours per response will change from 0.3 hours for the
previous ICR renewal to 0.43 hours for this ICR renewal. This change in
burden hours per response is a result of changes to the data items on
Form 3450-1, as well as an accounting of the burden of voluntarily
submitting certain information. Specifically, this burden estimate
accounts for the new burdens related to providing information for the
telephone numbers and email addresses of the shipper, importer of
record, licensed broker, and ultimate consignee when supplying name and
address information, and that the complete address, including telephone
and email address, of the carrier be provided. In addition, EPA is
accounting for the burden of voluntarily providing active ingredients
and percentage of each, supporting documentation for registered and
unregistered pesticides, as well as intended use information for
unregistered pesticides. This change is an adjustment.

C. Docket ID Number EPA-HQ-OPP-2011-0886

    Title: Application for New and Amended Pesticide Registration.
    ICR numbers: EPA ICR No. 0277.16, OMB Control No. 2070-0060.
    ICR status: The approval for this ICR is scheduled to expire on
July 31, 2012.
    Affected entities: Entities potentially affected by this ICR are
individuals or entities engaged in activities related to the
registration of pesticide products. The NAICS code assigned to the
entities responding to this information is 325300 (pesticide and other
agricultural and chemical manufacturing).
    Abstract: This ICR renewal will allow EPA to collect necessary data
to evaluate an application of a pesticide product as required under
section 3 of FIFRA, and the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act (FQPA) of August
3, 1996. Under FIFRA, EPA must evaluate pesticides thoroughly before
they can be marketed and used in the United States, to ensure that they
will not pose unreasonable adverse effects to human health and the
environment. Pesticides that meet this test are granted a license or
``registration'' which permits their distribution, sale, and use
according to requirements set by EPA to protect human health and the
environment. The producer of the pesticide must provide data from tests
done according to EPA guidelines or other test methods that provide
acceptable data. These tests must determine whether a pesticide has the
potential to cause adverse effects on humans, wildlife, fish and
plants, including endangered species and non-target organisms, as well
as possible contamination of surface water or groundwater from
leaching, runoff and spray drift. EPA also must approve the language
that appears on each pesticide label. A pesticide product can only be
used according to the directions on the labeling accompanying it at the
time of sale, through its use and disposal.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to range from 14
hours to 840 hours, depending upon the type of response. The ICR, a
copy of which is available in the docket, provides a detailed
explanation of this estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 1,758.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
     Estimated total annual burden hours: 55,412 hours.
    Estimated total annual costs: $4,101,100. This is the estimated
burden cost; there is no cost for capital investment or maintenance and
operational costs in this information collection.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall decrease of 20,768 hours in the
total estimated respondent burden identified in the currently approved
ICR. This decrease reflects fewer expected responses across all
response types. The reduction in EPA's response estimate is primarily
from a reduction in ``Type B'' activities, which include amendments and
notifications, in the Antimicrobial Division. Based on experience over
the past three years, the Agency has reduced the number of responses to
reflect estimates closer to actual number of responses. In addition,
due to some industry consolidation and based on registration
maintenance fee data, EPA has identified 42 fewer ICR respondents. This
change is an adjustment.

V. What is the Next Step in the Process for these ICRs?

    EPA will consider the comments received and amend the individual
ICRs as appropriate. The final ICR packages will then be submitted to
OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue
another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of these ICRs to OMB and the opportunity for
the public to submit additional comments for OMB consideration. If you
have any questions about any of these ICRs or the approval process in
general, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 7, 2011.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2011-32075 Filed 12-13-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Notices]
[Pages 35880-35881]
[FR Doc No: 2011-15259]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR11-16-000]

Chevron Products Company v. SFPP, L.P.; Notice of Complaint

    Take notice that on June 13, 2011, pursuant to 13(1) of the
Interstate Commerce Act (``ICA''), 49 U.S.C. App. 13(1), Rule 206 of
the Commission's Rules of Practice and Procedure, 18 CFR 385.206, and
the Commission's Procedural Rules Applicable to Oil Pipeline
Proceedings, 18 CFR 343.1(a), Chevron Products Company (Complaint)
filed a formal complaint challenging the lawfulness of the existing
rates and charges for services on the interstate oil pipeline system of
SFPP, L.P. (Respondent). This complaint is directed at the existing
base rates contained in the Respondent's FERC Tariff Nos. 195.0.0,
196.2.0, 197.0.0, 198.2.0, 199.0.0, and 200.0.0 and all predecessor
tariffs, supplements and re-issuances.
    The Complainant states that a copy of the complaint has been served
on the Respondent.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed

docket(s). For assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 5, 2011.

    Dated: June 14, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-15259 Filed 6-17-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Pages 1187-1188]
[FR Doc No: 2011-88]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2010-1127]

Application for Recertification of Prince William Sound Regional
Citizens' Advisory Council

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Coast Guard announces the availability of, and seeks
comments on, the application for recertification submitted by the
Prince William Sound Regional Citizen's Advisory Council (PWSRCAC) for
March 1, 2011, through February 29, 2012. Under the Oil Terminal and
Tanker Environmental Oversight Act of 1990, the Coast Guard may certify
on an annual basis, an alternative voluntary advisory group in lieu of
a Regional Citizens' Advisory Council for Prince William Sound, Alaska.
This advisory group monitors the activities of terminal facilities and
crude oil tankers under the Prince William Sound program established by
the statute. The current certification for PWSRCAC will expire February
28, 2011.

DATES: Public comments on PWSRCAC's recertification application must
reach the Seventeenth Coast Guard District on or before February 22,
2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-1127 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey

Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
recertification, call or e-mail LCDR Mike Franklin, Seventeenth Coast
Guard District (dpi); telephone<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

Public Participation and Request for Comments

    We encourage you to participate in this application for
recertification by submitting comments and related materials. All
comments received will be posted without change to http://www.regulations.gov and will include any personal information you have
provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice of availability (USCG-2010-1127), indicate the specific section
of this document to which each comment applies, and provide a reason
for each suggestion or recommendation. You may submit your comments and
material online (via http://www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-1127'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8.5 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 and may
withhold recertification or grant a conditional recertification based
on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1127'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    The Coast Guard does not plan to hold a public meeting. But you may
submit a request for one on or before February 5th, 2011 using one of
the four methods specified under ADDRESSES. Please explain why you
believe a public meeting would be beneficial. If we determine that one
would aid the process of thoroughly considering the application for
recertification, we will hold one at a time and place announced by a
later notice in the Federal Register.

Background and Purpose

    The Coast Guard published guidelines on December 31, 1992 (57 FR
62600), to assist groups seeking recertification under the Oil Terminal
and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33
U.S.C. 2732) (the Act). The Coast Guard issued a policy statement on
July 7, 1993 (58 FR 36504), to clarify the factors that the Coast Guard
would be considering in making its determination as to whether advisory
groups should be certified in accordance with the Act; and the
procedures which the Coast Guard would follow in meeting its
certification responsibilities under the Act. Most recently, on
September 16, 2002 (67 FR 58440), the Coast Guard changed its policy on
recertification procedures for regional citizen's advisory council by
requiring applicants to provide comprehensive information every three
years. For the two years in between, applicants only submit information
describing substantive changes to the information provided at the last
triennial recertification. This is the year in this triennial cycle
that PWSRCAC must provide comprehensive information.
    At the conclusion of the comment period, February 22, 2011, the
Coast Guard will review all application materials and comments received
and will take one of the following actions:
    (a) Recertify the advisory group under 33 U.S.C. 2732(o).
    (b) Issue a conditional recertification for a period of 90 days,
with a statement of any discrepancies, which must be corrected to
qualify for recertification for the remainder of the year.
    (c) Deny recertification of the advisory group if the Coast Guard
finds that the group is not broadly representative of the interests and
communities in the area or is not adequately fostering the goals and
purposes of 33 U.S.C. 2732.
    The Coast Guard will notify PWSRCAC by letter of the action taken
on their respective applications. A notice will be published in the
Federal Register to advise the public of the Coast Guard's
determination.

    Dated: December 27, 2010.
C.C. Colvin,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2011-88 Filed 1-6-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76275-76276]
[FR Doc No: 2023-24446]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0161]

Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws

AGENCY: Department of Transportation--Office of the Secretary.

ACTION: No FEAR Act notice.

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SUMMARY: This Notice implements Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (No
FEAR Act of 2002). In doing so, the Department of Transportation
notifies all employees, former employees, and applicants for Federal
employment of the rights and protections available to them under the
Federal Anti-discrimination and Whistleblower Protection Laws.

FOR FURTHER INFORMATION CONTACT: Yvette Rivera, Associate Director,
Equity and Access Division (S-32), Departmental Office of Civil Rights,
Office of the Secretary, Department of Transportation, 1200 New Jersey
Avenue SE, Room W78-306, Washington, DC 20590,<PHONE_NUMBER> or by email
at [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may retrieve this document online through the Federal Document
Management System at http://www.regulations.gov. Electronic retrieval
instructions are available under the help section of the website.

No FEAR Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002,'' now
recognized as the No FEAR Act (Pub. L. 107-174). The No FEAR Act was
amended on January 1, 2021, by the ``Elijah E. Cummings Federal
Employee Antidiscrimination Act of 2020,'' now recognized as the
Cummings Act. One purpose of the No FEAR Act, which was strengthened by
the Cummings Act, is to ``require that Federal agencies be accountable
for violations of antidiscrimination and whistleblower protection
laws.'' (Pub. L. 107-174, Summary). In support of this purpose,
Congress found that ``agencies cannot be run effectively if those
agencies practice or tolerate discrimination.'' (Pub. L. 107-174, Title
I, General Provisions, section 101(1)). The No FEAR Act also requires
the Department of Transportation (DOT) to issue this Notice to all DOT
employees, former DOT employees, and applicants for DOT employment.
This Notice informs such individuals of the rights and protections
available under Federal antidiscrimination and whistleblower protection
laws.

Antidiscrimination Laws

    A Federal agency cannot discriminate against an employee or
applicant with respect to the terms, conditions, or privileges of
employment because of race, color, religion, sex, gender identity,
sexual orientation, pregnancy, national origin, age, disability,
marital status, genetic information, political affiliation, or in
retaliation for a protected activity. One or more of the following
statutes prohibit discrimination on these bases: 5 U.S.C. 2302(b)(1),
29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C. 791, 42
U.S.C. 2000e-16, 2000ff, 2000gg.
    If you believe you have experienced unlawful discrimination on the
bases of race, color, religion, sex, gender identity, sexual
orientation, pregnancy, national origin, age, retaliation, genetic
information, and/or disability and wish to pursue a legal remedy, you
must contact a DOT Equal Employment Opportunity (EEO) counselor within
45 calendar days of the alleged discriminatory action, or in the case
of a personnel action, within 45 calendar days of the effective date of
the action. A directory of DOT EEO counselors is available on the DOT
Departmental Office of Civil Rights website at http://www.transportation.gov/civil-rights; you can also contact the
Departmental Office of Civil Rights by phone at<PHONE_NUMBER> for more
information. Once you contact the EEO counselor, you will be offered
the opportunity to resolve the matter through the informal complaint
process; if you are unable to resolve the matter through the informal
complaint process, you can file a formal complaint of discrimination
with DOT (see, e.g., 29 CFR part 1614). Parties who complete the
informal complaint process are provided with an electronic Individual
Complaint of Employment Discrimination Form. The form can be submitted
electronically at https://secure.dot.gov/form/eeoc or by email at
[email protected]. You may also contact the EEO Complaints and
Investigations Division, Departmental Office of Civil Rights by phone
at<PHONE_NUMBER> or by email at [email protected] if you need additional
assistance.
    If you believe you experienced unlawful discrimination based on
age, you must either contact an EEO counselor as noted above or file a
civil action in a United States District Court under the Age
Discrimination in Employment Act against the head of the alleged
discriminating agency. If you choose to file a civil action, you must
give notice of intent to sue to the Equal Employment Opportunity
Commission (EEOC) within 180 days of the alleged discriminatory action,
and not less than 30 days before filing a civil action. You may file
such notice in writing with the EEOC via mail at P.O. Box 77960,
Washington, DC 20013, the EEOC Public Portal at https://www.eeoc.gov/employees/charge.cfm, hand delivery at 131 M St. NE, Washington, DC
20507, or Fax at<PHONE_NUMBER>.
    If you are alleging unlawful discrimination based on marital status
or political affiliation, you may file a written discrimination
complaint with the U.S. Office of Special Counsel (OSC)

using Form OSC-14. Form OSC-14 can be submitted electronically at the
OSC website http://www.osc.gov, under the tab ``File a Complaint.'' You
also have the option to call the Case Review Division at 1-800-872-9855
for additional assistance. In the alternative (or in some cases, in
addition), you may pursue a discrimination complaint by filing a
grievance through the DOT administrative or negotiated grievance
procedures, if such procedures apply and are available.
    If you are alleging unlawful compensation discrimination pursuant
to the Equal Pay Act and wish to pursue your allegations through the
administrative process, you must contact an EEO counselor within 45
calendar days of the alleged discriminatory action, as such complaints
are processed under EEOC's regulations at 29 CFR part 1614.
Alternatively, you can file a civil action in a court of competent
jurisdiction within two years, or if the violation is willful, three
years of the date of the alleged violation, regardless of whether you
pursued any administrative complaint processing. The filing of a
complaint or appeal pursuant to 29 CFR part 1614 shall not toll the
time for filing a civil action.

Whistleblower Protection Laws

    A DOT employee with authority to take, direct others to take,
recommend, or approve any personnel action must not use that authority
to take, or fail to take, or threaten to take a personnel action
against an employee or applicant because of a disclosure of information
by that individual that is reasonably believed to evidence violations
of law, rule, or regulation; gross mismanagement; gross waste of funds;
an abuse of authority; or a substantial and specific danger to public
health or safety, unless the disclosure of such information is
specifically prohibited by law and such information is specifically
required by Executive Order to be kept secret in the interest of
national defense or the conduct of foreign affairs.
    Retaliation against a DOT employee or applicant for making a
protected disclosure is prohibited (5 U.S.C. 2302(b)(8)). If you
believe you are a victim of whistleblower retaliation, you may file a
written complaint with the U.S. Office of Special Counsel using Form
OSC-14. Form OSC-14 can be filed electronically at http://www.osc.gov.
You may also contact the DOT Office of Inspector General Hotline by
phone at 1-800-424-9071, by fax at<PHONE_NUMBER>, by email at
[email protected], online at https://www.oig.dot.gov/hotline, or by
mail at 1200 New Jersey Avenue SE, West Bldg 7th Floor, Washington, DC
20590.

Retaliation for Engaging in Protected Activity

    A Federal agency cannot retaliate against an employee or applicant
because that individual exercises their rights under any of the Federal
antidiscrimination or whistleblower protection laws listed above. If
you believe that you are the victim of retaliation for engaging in
protected activity, you must follow, as appropriate, the procedures
described in the Antidiscrimination Laws and Whistleblower Protection
Laws sections or, if applicable, the administrative or negotiated
grievance procedures in order to pursue any legal remedy.

Disciplinary Actions

    Under existing laws, DOT retains the right, where appropriate, to
discipline a DOT employee who engages in conduct that is inconsistent
with Federal Antidiscrimination and Whistleblower Protection laws up to
and including removal from Federal service. If DOT takes an adverse
action under 5 U.S.C. 7512 against an employee for a discriminatory
act, it must include a notation of the adverse action and the reason
for the action in the employee's personnel record. If OSC initiates an
investigation under 5 U.S.C. 1214, DOT must seek approval from the
Special Counsel to discipline employees for, among other activities,
engaging in prohibited retaliation (5 U.S.C. 1214). Nothing in the No
FEAR Act alters existing laws or permits an agency to take unfounded
disciplinary action against a DOT employee, or to violate the
procedural rights of a DOT employee accused of discrimination.

Additional Information

    For more information regarding the No FEAR Act regulations, refer
to 5 CFR part 724, as well as the appropriate office(s) within your
agency (e.g., EEO/civil rights offices, human resources offices, or
legal offices). You can find additional information regarding Federal
antidiscrimination, whistleblower protection, and retaliation laws at
the EEOC website at http://www.eeoc.gov and the OSC website at http://www.osc.gov.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, neither the No FEAR Act
nor this notice creates, expands, or reduces any rights otherwise
available to any employee, former employee, or applicant under the laws
of the United States, including the provisions of law specified in 5
U.S.C. 2302(d).

    Issued in Washington, DC, on October 26, 2023.
Irene Marion,
Director, Departmental Office of Civil Rights, U.S. Department of
Transportation.
[FR Doc. 2023-24446 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-9X-P


of equipment if it is defined to be new in the standard-setting part
with a model year for which emission standards applied. Anyone
violating this paragraph (b)(5) is deemed to be a manufacturer in
violation of paragraph (a)(1) of this section. We may assess a civil
penalty up to $37,500 for each day you are in violation. Note the
following:
    (i) The definition of new is broad for imported engines/equipment;
uncertified engines and equipment (including used engines and
equipment) are generally considered to be new when imported.
    (ii) Used engines/equipment that were originally manufactured
before applicable EPA standards were in effect are generally not
subject to emission standards.
    (6) Warranty, recall, and maintenance instructions. You must meet
your obligation to honor your emission-related warranty under Sec.
1068.115, including any commitments you identify in your application
for certification. You must also fulfill all applicable requirements
under subpart F of this part related to emission-related defects and
recalls. You must also provide emission-related installation and
maintenance instructions as described in the standard-setting part.
Failure to meet these obligations is prohibited. Also, except as
specifically provided by regulation, you are prohibited from directly
or indirectly communicating to the ultimate purchaser or a later
purchaser that the emission-related warranty is valid only if the owner
has service performed at authorized facilities or only if the owner
uses authorized parts, components, or systems. We may assess a civil
penalty up to $37,500 for each engine or piece of equipment in
violation.
    (7) Labeling. (i) You may not remove or alter an emission control
information label or other required permanent label except as specified
in this paragraph (b)(7) or otherwise allowed by this chapter. Removing
or altering an emission control information label is a violation of
paragraph (b)(1) of this section. However, it is not a violation to
remove a label in the following circumstances:
    (A) The engine is destroyed, is permanently disassembled, or
otherwise loses its identity such that the original title to the engine
is no longer valid.
    (B) The regulations specifically direct you to remove the label.
For example, see Sec.  1068.235.
    (C) The part on which the label is mounted needs to be replaced. In
this case, you must have a replacement part with a duplicate of the
original label installed by the certifying manufacturer or an
authorized agent, except that the replacement label may omit the date
of manufacture if applicable. We generally require labels to be
permanently attached to parts that will not normally be replaced, but
this provision allows for replacements in unusual circumstances, such
as damage in a collision or other accident.
    (D) The original label is incorrect, provided that it is replaced
with the correct label from the certifying manufacturer or an
authorized agent. This allowance to replace incorrect labels does not
affect whether the application of an incorrect original label is a
violation.
    (ii) Removing or altering a temporary or removable label contrary
to the provisions of this paragraph (b)(7)(ii) is a violation of
paragraph (b)(1) of this section.
    (A) For labels identifying temporary exemptions, you may not remove
or alter the label while the engine/equipment is in an exempt status.
The exemption is automatically revoked for each engine/equipment for
which the label has been removed.
    (B) For temporary or removable consumer information labels, only
the ultimate purchaser may remove the label.
    (iii) You may not apply a false emission control information label.
You also may not manufacture, sell, or offer to sell false labels. The
application, manufacture, sale, or offer for sale of false labels is a
violation of this section (such as paragraph (a)(1) or (b)(2) of this
section). Note that applying an otherwise valid emission control
information label to the wrong engine is considered to be applying a
false label.
    (c) If you cause someone to commit a prohibited act in paragraph
(a) or (b) of this section, you are in violation of that prohibition.
    (d) Exemptions from these prohibitions are described in subparts C
and D of this part and in the standard-setting part.
    (e) The standard-setting parts describe more requirements and
prohibitions that apply to manufacturers (including importers) and
others under this chapter.
    (f) The specification of prohibitions and penalties in this part
does not limit the prohibitions and penalties described in the Clean
Air Act. Additionally, a single act may trigger multiple violations
under this section and the Act. We may pursue all available
administrative, civil, or criminal remedies for those violations even
if the regulation references only a single prohibited act in this
section.
    (g) [Reserved]
    (h) The maximum penalty values listed in paragraphs (a) and (b) of
this section apply as of January 12, 2009. Maximum penalty values for
earlier violations are published in 40 CFR part 19. Maximum penalty
limits may be adjusted after January 12, 2009 based on the Consumer
Price Index. The specific regulatory provisions for changing the
maximum penalties, published in 40 CFR part 19, reference the
applicable U.S. Code citation on which the prohibited action is based.
The following table is shown here for informational purposes:

Table 1 of Sec.   1068.101--Legal Citation for Specific Prohibitions for
                   Determining Maximum Penalty Amounts
------------------------------------------------------------------------
                                                      U.S. Code citation
    Part 1068 regulatory      General description of   for Clean Air Act
   citation of prohibited          prohibition          authority  (42
           action                                        U.S.C. 7524)
------------------------------------------------------------------------
Sec.   1068.101(a)(1)......  Introduction into U.S.   42 U.S.C.
                              commerce of an           7522(a)(1) and
                              uncertified source.      (a)(4).
Sec.   1068.101(a)(2)......  Failure to provide       42 U.S.C.
                              information.             7522(a)(2).
Sec.   1068.101(a)(3)......  Denying access to        42 U.S.C.
                              facilities.              7522(a)(2).
                  Sec.       Tampering with emission  42 U.S.C.
                   1068.101   controls by a            7522(a)(3).
                   (b)(1).    manufacturer or dealer.
                             Tampering with emission
                              controls by someone
                              other than a
                              manufacturer or dealer.
Sec.   1068.101(b)(2)......  Sale or use of a defeat  42 U.S.C.
                              device.                  7522(a)(3).
Sec.   1068.101(b)(3)......  Mobile use of a          42 U.S.C.
                              stationary engine.       7522(a)(1) and
                                                       (a)(4).
Sec.   1068.101(b)(4)......  Noncompetitive use of    42 U.S.C.
                              uncertified engines/     7522(a)(1) and
                              equipment that is        (a)(4).
                              exempted for
                              competition.
Sec.   1068.101(b)(5)......  Importation of an        42 U.S.C.
                              uncertified source.      7522(a)(1) and
                                                       (a)(4).
Sec.   1068.101(b)(6)......  Recall and warranty....  42 U.S.C.
                                                       7522(a)(4).
Sec.   1068.101(b)(7)......  Removing labels........  42 U.S.C.
                                                       7522(a)(3).
------------------------------------------------------------------------

    299. Section 1068.103 is amended by revising paragraph (a) to read
as follows:

Sec.  1068.103  What are the provisions related to the duration and
applicability of certificates of conformity?

    (a) Engines/equipment covered by a certificate of conformity are
limited to those that are produced during the period specified in the
certificate and conform to the specifications described in the
certificate and the associated application for certification. For the
purposes of this paragraph (a), specifications includes any conditions
or limitations identified by the manufacturer or EPA, but does not
include any information provided in the application that is not
relevant to a demonstration of compliance with applicable regulations.
For example, if the application for certification specifies certain
engine configurations, the certificate does not cover any
configurations that are not specified. However, your certificate would
not be conditioned upon your actual U.S.-directed production volumes
matching the volumes you projected in your application.
* * * * *
    300. Section 1068.105 is amended by revising paragraph (a) to read
as follows:

Sec.  1068.105  What other provisions apply to me specifically if I
manufacture equipment needing certified engines?

* * * * *
    (a) Transitioning to new engine-based standards. If new engine-
based emission standards apply in a given model year, your equipment in
that calendar year must have engines that are certified to the new
standards, except that you may continue to use up your normal inventory
of earlier engines that were built before the date of the new or
changed standards. (Note: This paragraph (a) does not apply in the case
of new remanufacturing standards.) For example, if your normal
inventory practice is to keep on hand a one-month supply of engines
based on your upcoming production schedules, and a new tier of
standards starts to apply for the 2015 model year, you may order
engines consistent with your normal inventory requirements late in the
engine manufacturer's 2014 model year and install those engines in your
equipment, regardless of the date of installation. Also, if your model
year starts before the end of the calendar year preceding new
standards, you may use engines from the previous model year for those
units you produce before January 1 of the year that new standards
apply. If emission standards for the engine do not change in a given
model year, you may continue to install engines from the previous model
year without restriction (or any earlier model year for which the same
standards apply). You may not circumvent the provisions of Sec.
1068.101(a)(1) by stockpiling engines that were built before new or
changed standards take effect. Note that this allowance does not apply
for equipment subject to equipment-based standards. See 40 CFR 1060.601
for similar provisions that apply for equipment subject to evaporative
emission standards.
* * * * *
    301. Section 1068.120 is amended by revising paragraph (e) to read
as follows:

Sec.  1068.120  What requirements must I follow to rebuild engines?

* * * * *
    (e) If the rebuilt engine remains installed or is reinstalled in
the same piece of equipment, you must rebuild it to the original
configuration, except as allowed by this paragraph (e). You may rebuild
it to a different certified configuration of the same or later model
year. You may also rebuild it to a certified configuration from an
earlier model year as long as the earlier configuration is as clean or
cleaner than the original configuration. For purposes of this paragraph
(e), ``as clean or cleaner'' means one of the following:
    (1) For engines not certified with a Family Emission Limit for
calculating credits for a particular pollutant, this means that the
same emission standard applied for both model years. This includes
supplemental standards such as Not-to-Exceed standards.
    (2) For engines certified with a Family Emission Limit for a
particular pollutant, this means that the configuration to which the
engine is being rebuilt has a Family Emission Limit for that pollutant
that is at or below the standard that applied to the engine originally,
and is at or below the original Family Emission Limit.
* * * * *
    302. Section 1068.125 is amended by revising paragraph (b)
introductory text to read as follows:

Sec.  1068.125  What happens if I violate the regulations?

* * * * *
    (b) Administrative penalties. Instead of bringing a civil action,
we may assess administrative penalties if the total is less than
$295,000 against you individually. This maximum penalty may be greater
if the Administrator and the Attorney General jointly determine that a
greater administrative penalty assessment is appropriate, or if the
limit is adjusted under 40 CFR part 19. No court may review this
determination. Before we assess an administrative penalty, you may ask
for a hearing (subject to 40 CFR part 22). The Administrator may
compromise or remit, with or without conditions, any administrative
penalty that may be imposed under this section.
* * * * *

Subpart C--[Amended]

    303. Section 1068.215 is amended by revising paragraphs (a) and (b)
to read as follows:

Sec.  1068.215  What are the provisions for exempting manufacturer-
owned engines/equipment?

    (a) You are eligible for the exemption for manufacturer-owned
engines/equipment only if you are a certificate holder. Any engine for
which you meet all applicable requirements under this section is exempt
without request.
    (b) Engines/equipment may be exempt without a request if they are
nonconforming engines/equipment under your ownership, possession, and
control and you do not operate them for purposes other than to develop
products, assess production methods, or promote your engines/equipment
in the marketplace, or other purposes we approve. You may not loan,
lease, sell, or use the engine/equipment to generate revenue, either by
itself or for an engine installed in a piece of equipment, except as
allowed by Sec.  1068.201(i). Note that this paragraph (b) does not
prevent the sale or shipment of a partially complete engine to a
secondary engine manufacturer that will meet the requirements of this
paragraph (b). See Sec.  1068.262 for provisions related to shipping
partially complete engines to secondary engine manufacturers.
* * * * *
    304. Section 1068.240 is amended by revising paragraphs (b)(6), (c)
introductory text, (d), (e), and (g)(2) to read as follows:

Sec.  1068.240  What are the provisions for exempting new replacement
engines?

* * * * *
    (b) * * *
    (6) You add a permanent label, consistent with Sec.  1068.45, with
your corporate name and trademark and the following additional
information:
    (i) Add the following statement if the engine being replaced was
not subject to any emission standards under this chapter:
    THIS ENGINE DOES NOT COMPLY WITH U.S. EPA EMISSION REQUIREMENTS.
SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE
AN ENGINE BUILT BEFORE JANUARY 1, [Insert appropriate year reflecting
when the earliest tier of standards began to apply to engines of that
size and type] MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL
PENALTY.
    (ii) Add the following statement if the engine being replaced was
subject to emission standards:
    THIS ENGINE COMPLIES WITH U.S. EPA EMISSION REQUIREMENTS FOR
[Identify the appropriate emission standards (by model year, tier, or
emission levels) for the replaced engine] ENGINES UNDER 40 CFR
1068.240. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN
TO REPLACE A [Identify the appropriate emission standards for the
replaced engine, by model year(s), tier(s), or emission levels)] ENGINE
MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
    (c) Previous-tier replacement engines without tracking. You may
produce a limited number of new replacement engines that are not from a
currently certified engine family under the provisions of this
paragraph (c). If you produce new engines under this paragraph (c) to
replace engines subject to emission standards, the new replacement
engine must be in a configuration identical in all material respects to
the old engine and meet the requirements of Sec.  1068.265. This would
apply, for example, for engine configurations that were certified in an
earlier model year but are no longer covered by a certificate of
conformity. You must comply with the requirements of paragraph (b) of
this section for any number of replacement engines you produce in
excess of what we allow under this paragraph (c). The following
provisions apply to engines exempted under this paragraph (c):
* * * * *
    (d) Partially complete engines. The following requirements apply if
you ship a partially complete replacement engine under paragraph (b) or
(c) of this section:
    (1) Include installation instructions specifying how to complete
the engine assembly such that the resulting engine conforms to the
applicable certificate of conformity or the specifications of Sec.
1068.265. Where a partially complete engine can be built into multiple
different configurations, you must be able to identify all the engine
models and model years for which the partially complete engine may
properly be used for replacement purposes. Your installation
instructions must make clear how the final assembler can determine
which configurations are appropriate for the engine they receive.
    (2) You must label the engine as follows:
    (i) If you have a reasonable basis to believe that the fully
assembled engine will include the original emission control information
label, you may add a removable label to the engine with your corporate
name and trademark and the statement: ``This replacement engine is
exempt under 40 CFR 1068.240(b) [or 40 CFR 1068.240(c) if
appropriate].'' This would generally apply if all the engine models
that are compatible with the replacement engine were covered by a
certificate of conformity and they were labeled in a position on the
engine or equipment that is not included as part of the partially
complete engine being shipped for replacement purposes. Removable
labels must meet the requirements specified in Sec.  1068.45.
    (ii) If you do not qualify for using a removable label in paragraph
(d)(1) of this section, you must add a permanent label in a readily
visible location, though it may be obscured after installation in a
piece of equipment. Include on the permanent label your corporate name
and trademark, the engine's part number (or other identifying
information), and the statement: ``This replacement engine is exempt
under 40 CFR 1068.240(b) [or 40 CFR 1068.240(c) if appropriate].'' If
there is not enough space for this statement, you may alternatively
add: ``REPLACEMENT'' or ``SERVICE ENGINE''. For purposes of this
paragraph (d)(2), engine part numbers permanently stamped or engraved
on the engine are considered to be included on the label.
    (e) Partially complete current-tier replacement engines. The
provisions of paragraph (d) of this section apply for partially
complete engines you produce from a current line of certified engines
or vehicles, except that the appropriate regulatory cite on the label
is 40 CFR 1068.240(e). This applies for engine-based and equipment-
based standards as follows:
    (1) Where engine-based standards apply, you may introduce into U.S.
commerce short blocks or other partially complete engines from a
currently certified engine family as replacement components for in-use
equipment powered by engines you originally produced. You must be able
to identify all the engine models and model years for which the
partially complete engine may properly be used for replacement
purposes.
    (2) Where equipment-based standards apply, you may introduce into
U.S. commerce engines that are identical to engines covered by a
current certificate of conformity by demonstrating compliance with
currently applicable standards where the engines will be installed as
replacement engines. These engines might be fully assembled, but we
would consider them to be partially

complete engines because they are not yet installed in the equipment.
* * * * *
    (g) * * *
    (2) Anyone installing or completing assembly of an exempted new
replacement engine is deemed to be a manufacturer of a new engine with
respect to the prohibitions of Sec.  1068.101(a)(1). This applies to
all engines exempted under this section.
* * * * *

Sec.  1068.261--[Amended]

    305. Section 1068.261 is amended by removing and reserving
paragraph (c)(5).

Subpart D--[Amended]

    306. Section 1068.325 is amended by revising paragraph (g) to read
as follows:

Sec.  1068.325  What are the temporary exemptions for imported engines/
equipment?

* * * * *
    (g) You may import an engine if another company already has a
certificate of conformity and will be modifying the engine to be in its
final certified configuration or a final exempt configuration under the
provisions of Sec.  1068.262. You may also import a partially complete
engine by shipping it from one of your facilities to another under the
provisions of Sec.  1068.260(c). If you are importing a used engine
that becomes new as a result of importation, you must meet all the
requirements that apply to original engine manufacturers under Sec.
1068.262.
* * * * *

Subpart E--[Amended]

    307. Section 1068.415 is amended by revising paragraph (c) to read
as follows:

Sec.  1068.415  How do I test my engines/equipment?

* * * * *
    (c) Test at least two engines/equipment in each 24-hour period
(including void tests). However, if your projected U.S.-directed
production volume is less than 7,500 engines/equipment for the year,
you may test a minimum of one per 24-hour period. If you request and
justify it, we may approve a lower testing rate.
* * * * *

Subpart F--[Amended]

    308. Section 1068.501 is amended by revising paragraphs (a)(5),
(e), and (f) to read as follows:

Sec.  1068.501  How do I report emission-related defects?

* * * * *
    (a) * * *
    (5) You must track the information specified in paragraph (b)(1) of
this section. You must assess this data at least every three months to
evaluate whether you exceed the thresholds specified in paragraphs (e)
and (f) of this section. Where thresholds are based on a percentage of
engines/equipment in the family, use actual U.S.-directed production
volumes for the whole model year when they become available. Use
projected production figures until the actual production figures become
available. You are not required to collect additional information other
than that specified in paragraph (b)(1) of this section before reaching
a threshold for an investigation specified in paragraph (e) of this
section.
* * * * *
    (e) Thresholds for conducting a defect investigation. You must
begin a defect investigation based on the following number of engines/
equipment that may have the defect:
    (1) For engines/equipment with maximum engine power at or below 560
kW:
    (i) For families with annual production below 500 units: 50 or more
engines/equipment.
    (ii) For families with annual production from 500 to 50,000 units:
more than 10.0 percent of the total number of engines/equipment in the
family.
    (iii) For families with annual production from 50,000 to 550,000
units: more than the total number of engines/equipment represented by
the following equation:
    Investigation threshold = 5,000 + (Production units -50,000) x 0.04
    (iv) For families with annual production above 550,000 units:
25,000 or more engines/equipment.
    (2) For engines/equipment with maximum engine power greater than
560 kW:
    (i) For families with annual production below 250 units: 25 or more
engines/equipment.
    (ii) For families with annual production at or above 250 units:
more than 10.0 percent of the total number of engines/equipment in the
family.
    (f) Thresholds for filing a defect report. You must send a defect
report based on the following number of engines/equipment that have the
defect:
    (1) For engines/equipment with maximum engine power at or below 560
kW:
    (i) For families with annual production below 1,000 units: 20 or
more engines/equipment.
    (ii) For families with annual production from 1,000 to 50,000
units: more than 2.0 percent of the total number of engines/equipment
in the family.
    (iii) For families with annual production from 50,000 to 550,000
units: more than the total number of engines/equipment represented by
the following equation:
    Reporting threshold = 1,000 + (Production units -50,000) x 0.01
    (iv) For families with annual production above 550,000 units: 6,000
or more engines/equipment.
    (2) For engines/equipment with maximum engine power greater than
560 kW:
    (i) For families with annual production below 150 units: 10 or more
engines/equipment.
    (ii) For families with annual production from 150 to 750 units: 15
or more engines/equipment.
    (iii) For families with annual production above 750 units: more
than 2.0 percent of the total number of engines/equipment in the
family.
* * * * *
[FR Doc. E9-19187 Filed 8-27-09; 8:45 am]

BILLING CODE 6560-50-P


Assessing the Effect of Five Gasoline Properties on Exhaust Emissions from Light-Duty Vehicles certified to Tier-2 Standards

                       Analysis of Data from EPA Phase 3

                                (EPAct/V2/E-89)

                                 Appendix  L.3

                         Model Fitting Information for
                             Formaldehyde (Bag 1)

This appendix summarizes model fitting for Formaldehyde (Bag 1).  Model-fitting techniques and approaches are described in Section 8.7.  Features of the data and modeling for this compound are listed below.

Fuel-parameter matrix:	FULL
No. measurements:	956
No. vehicles:		15
No. censored values:	0
Modeling approach:	MIXED MODEL

Models fit for Formaldehyde (Bag 1).
Model Term
                                   Notation
                                     Model

                                  Full Model
FM4
FM5
FM6
FM7
Linear Effects
etOH
Ze
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
Arom
Za
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
RVP
Zr
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
T50
Z5
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
T90
Z9
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
etOH x etOH
ZZee
                                      ●
                                      ●
                                      ●
                                      x

T50 x T50
ZZ55
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
etOH x Arom
ZZea
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
etOH x RVP
ZZer
                                      ●
                                      x

etOH x T50
ZZe5
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
etOH x T90
ZZe9
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
Arom x RVP
ZZar
                                      ●
                                      x

Arom x T50
ZZa5
                                      ●
                                      x

Arom x T90
ZZa9
                                      ●
                                      ●
                                      x

T90 x T90
ZZ99
                                      ●
                                      ●
                                      ●
                                      ●
                                      x

T50 x T90
ZZ59
                                      ●
                                      ●
                                      ●
                                      ●
                                      ●
                                      x
RVP x T90
ZZr9
                                      ●
                                      x

Fitting history for Bag-1 Formaldehyde  -  with "FM7" selected as the reduced model.
                                Fit Parameters

                             Test with respect to
                                     Full

                             Test with respect to
                                Previous Model
Model
p
-2lnL
BIC[1]

                                                                        Dev.[1]
                                                                              d
                                                                    Pr>χ[2]

                                                                           Dev.
                                                                              d
                                                                    Pr>χ[2]
Full
                                                                             17
                                                                       -102.866
                                                                        -48.705

FM4
                                                                             13
                                                                       -101.651
                                                                        -58.322

                                                                          1.215
                                                                              4
                                                                          0.876

FM5
                                                                             12
                                                                       -100.336
                                                                        -59.715

                                                                          2.530
                                                                              5
                                                                          0.772

                                                                          1.315
                                                                              1
                                                                          0.252
FM6
                                                                             11
                                                                        -99.040
                                                                        -61.127

                                                                          3.826
                                                                              6
                                                                          0.700

                                                                          1.296
                                                                              1
                                                                          0.255
FM7[2]
                                                                             10
                                                                        -95.848
                                                                        -60.643

                                                                          7.018
                                                                              7
                                                                          0.427

                                                                          3.192
                                                                              1
                                                                          0.074
Linear Effects
                                                                              5
                                                                        -13.166
                                                                          8.498

                                                                         89.700
                                                                             12
                                                                       0.000000

                                                                         82.682
                                                                              5
                                                                       0.000000
[1] A lower value indicates a better fit.
[2] Selected as "best fit" with respect to the 17-term full model.
Note that based on the history, FM6 is actually the "best fit," however, we have retained FM7 due to the decision to exclude the T90xT90 term from final model fitting. See Section 7.2.1.

[1] The deviation is the difference in
the -2loglik statistics for the
nested and reference models,
respectively, per Equation 14.

 Coefficients and Type-III Tests of Effect for the Full and Best-Fit Models  -  Formaldehyde (Bag 1).
Effect

                                  Full Model

                             Best-Fit Model (FM7)

Estimate
Std.Err.
d.f.
t-value
Pr>t

Estimate
Std.Err.
d.f.
t-value
Pr>t
Intercept

                                                                        -5.9771
                                                                         0.1498
                                                                             15
                                                                          -39.9
                                                                       0.000000

                                                                        -5.9771
                                                                         0.1498
                                                                             15
                                                                          -39.9
                                                                       0.000000
Ze

                                                                         0.2279
                                                                        0.01234
                                                                            898
                                                                           18.5
                                                                       0.000000

                                                                         0.2299
                                                                       0.009640
                                                                            898
                                                                           23.8
                                                                       0.000000
Za

                                                                        0.03528
                                                                       0.008841
                                                                            898
                                                                           3.99
                                                                       0.000071

                                                                        0.02822
                                                                       0.007979
                                                                            898
                                                                           3.54
                                                                        0.00043
Zr

                                                                       -0.05202
                                                                        0.01234
                                                                            898
                                                                          -4.21
                                                                       0.000028

                                                                       -0.04718
                                                                       0.008457
                                                                            898
                                                                          -5.58
                                                                       0.000000
Z5

                                                                         0.1577
                                                                        0.01738
                                                                            898
                                                                           9.07
                                                                       0.000000

                                                                         0.1672
                                                                        0.01001
                                                                            898
                                                                           16.7
                                                                       0.000000
Z9

                                                                         0.1357
                                                                        0.01064
                                                                            898
                                                                           12.7
                                                                       0.000000

                                                                         0.1302
                                                                       0.007360
                                                                            898
                                                                           17.7
                                                                       0.000000
ZZee

                                                                       -0.01498
                                                                        0.01475
                                                                            898
                                                                          -1.02
                                                                           0.31

ZZ55

                                                                        0.05026
                                                                        0.01251
                                                                            898
                                                                           4.02
                                                                       0.000064

                                                                        0.05262
                                                                       0.008341
                                                                            898
                                                                           6.31
                                                                       0.000000
ZZea

                                                                        0.02017
                                                                        0.01241
                                                                            898
                                                                           1.63
                                                                           0.10

                                                                        0.01651
                                                                       0.007340
                                                                            898
                                                                           2.25
                                                                          0.025
ZZer

                                                                       0.004100
                                                                       0.008366
                                                                            898
                                                                          0.490
                                                                           0.62

ZZe5

                                                                       -0.03686
                                                                        0.01594
                                                                            898
                                                                          -2.31
                                                                          0.021

                                                                       -0.01627
                                                                       0.008177
                                                                            898
                                                                          -1.99
                                                                          0.047
ZZe9

                                                                        0.02181
                                                                        0.01023
                                                                            898
                                                                           2.13
                                                                          0.033

                                                                        0.02004
                                                                       0.008838
                                                                            898
                                                                           2.27
                                                                          0.024

ZZar

                                                                       0.007384
                                                                        0.01535
                                                                            898
                                                                          0.481
                                                                           0.63

ZZa5

                                                                      -0.006739
                                                                        0.01645
                                                                            898
                                                                          -0.41
                                                                           0.68

ZZa9

                                                                       -0.01036
                                                                       0.008437
                                                                            898
                                                                          -1.23
                                                                           0.22

ZZ99

                                                                        0.02104
                                                                        0.01435
                                                                            898
                                                                           1.47
                                                                           0.14

ZZ59

                                                                        0.03974
                                                                        0.01080
                                                                            898
                                                                           3.68
                                                                        0.00025

                                                                        0.03489
                                                                       0.009322
                                                                            898
                                                                           3.74
                                                                        0.00019
ZZr9

                                                                      -0.003140
                                                                       0.009498
                                                                            898
                                                                         -0.331
                                                                           0.74

                                                                         0.3360

                                                                         0.3358

                                                                         0.1395

                                                                         0.1406