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[Federal Register: January 3, 2008 (Volume 73, Number 2)]
[Notices]
[Page 538]
[DOCID:fr03ja08-71]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-0083]

Agency Information Collection Activities; Extension of a
Currently Approved Information Collection: Transportation of Hazardous
Materials, Highway Routing

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

ACTION: Notice and request for information.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. The FMCSA requests approval to extend an existing
information collection entitled ``Transportation of Hazardous
Materials, Highway Routing,'' which requires States and Indian tribes
to identify designated/restricted routes and restrictions or
limitations affecting how motor carriers may transport certain
hazardous materials on the highway. On October 30, 2007, FMCSA
published a Federal Register notice allowing for a 60-day comment
period on the ICR. No comment was received.

DATES: Please send your comments by February 4, 2008. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference DOT Docket No. FMCSA-2007-
0083. You may submit comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 Seventeenth
Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Mr. James O. Simmons, Hazardous
Materials Division, phone<PHONE_NUMBER>; FAX<PHONE_NUMBER>; or e-mail
<EMAIL_ADDRESS>Federal Motor Carrier Safety Administration,

DOT, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours
are from 8 a.m. to 4:30 p.m. EST, Monday through Friday, except Federal
Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Transportation of Hazardous Materials, Highway Routing.
    OMB Control Number: 2126-0014.
    Type of Request: Extension of a currently approved information
collection.
    Respondents: The reporting burden is shared by the 50 States, the
District of Columbia, Puerto Rico, American Samoa, Guam, Northern
Marianas, and the Virgin Islands.
    Estimated Number of Respondents: 53.
    Estimated Time per Response: 15 minutes.
    Expiration Date: February 28, 2007.
    Frequency of Response: There is one response annually from
approximately 53 respondents.
    Estimated Total Annual Burden: 13 hours [53 respondents x 1
response x 15 minutes per response/60 minutes = 13.25 hours, rounded to
13 hours].
    Background: The data for the Transportation of Hazardous Materials;
Highway Routing designations are collected under authority of 49 U.S.C.
5112 and 5125. That authority places responsibility on the Secretary of
Transportation (Secretary) to specify and regulate standards for
establishing, maintaining, and enforcing routing designations.
    Under 49 CFR 397.73, the Administrator has the authority to request
that each State and Indian tribe, through its routing agency, provide
information identifying hazardous materials routing designations within
their jurisdictions. That information is collected and consolidated by
the FMCSA and published annually in whole, or as updates, in the
Federal Register.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information.

    Issued on: December 18, 2007.
Terry Shelton,
Associate Administrator for Research and Information Technology.
[FR Doc. E7-25579 Filed 1-2-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3813]
[DOCID:fr26ja07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-131-000]

Algonquin Gas Transmission, LLC; Notice of Proposed Changes in
FERC Gas Tariff

January 17, 2007.
    Take notice that on January 12, 2007, Algonquin Gas Transmission,
LLC (Algonquin) tendered for filing as a part of its FERC Gas Tariff,
Fifth Revised Volume No. 1, the revised tariff sheets listed on
Appendix A to the filing, to reflect a corporate identity change
effective January 1, 2007. This effective date coincides with the date
Algonquin's new parent corporation, Spectra Energy Corp. was divested
from Algonquin's former parent company, Duke Energy Corporation.
    Algonquin states that copies of its filing have been served upon
all affected customers of Algonquin and interested state commissions.
    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 and 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. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-1147 Filed 1-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1184-1185]
[FR Doc No: 2018-00201]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0666; Airspace Docket No. 17-ANM-15]

Amendment of Class D and Class E Airspace; Pueblo, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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SUMMARY: This action corrects a final rule published in the Federal
Register of November 27, 2017, that amends Class D and Class E airspace
at Pueblo Memorial Airport, Pueblo, CO. The airspace description for
the airport in Class E airspace designated as an extension to a Class D
surface area contained a wording error.

DATES: Effective date 0901 UTC, February 1, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW, Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (82 FR
55943, November 27, 2017) Docket No. FAA-2017-0666 amending Class D and
Class E airspace at Pueblo Memorial Airport, Pueblo, CO. Subsequent to
publication, the FAA identified a clerical error in the legal
description of the Class E airspace designated as an extension to a
Class D or Class E surface area at Pueblo Memorial Airport. This
correction changes the words ``. . . from 700 feet above the surface .
. .'' to read ``. . . from the surface. . . .''

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of November 27, 2017 (82 FR 55943) FR Doc. 2017-25310,
Amendment of Class D and Class E Airspace; Pueblo, CO, is corrected as
follows:

Sec.  71.1  [Amended]

ANM CO E4 Pueblo, CO [Corrected]

0
On page 55945, column 1, lines 14 and 15, the words ``That airspace
extending upward from 700 feet above the surface'' are corrected to
read ``That

airspace extending upward from the surface''.

    Issued in Seattle, Washington, on January 2, 2018.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-00201 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-13-P


	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	WASHINGTON, D.C.  20460

                                                    OFFICE OF
PREVENTION, PESTICIDES AND TOXIC SUBSTANCES

  SEQ CHAPTER \h \r 1 MEMORANDUM

Date: February 23, 2010

SUBJECT:	Updated Review of the Allethrin (bioallethrin and esbiothrin)
Incidents Reports

PC Code:  004003,004007	DP Barcode:  D373201

Decision No.:  N/A	Registration No.: N/A

Petition No.: N/A	Regulatory Action: N/A

Risk Assessment Type: N/A	Case No.: N/A

TXR No.: N/A	CAS No.: 584-79-2

MRID No.: N/A	40 CFR: N/A

		              									Ver.Apr.08

FROM:          Jessie Cordova, Information Technology Specialist

	           Science Information MGMT. Branch (SIMB)

	           Health Effect Division (7509P)	  SEQ CHAPTER \h \r 1

THROUGH:	Mary Manibusan, Branch Chief

		Toxicology and Epidemiology Branch

		Health Effects Division (7509P)

TO:	           Molly Clayton, CRM

                       Special Review and Reregistration Division
(7508P)

BACKGROUND

The OPP Incident Data System (IDS) was consulted for poisoning incident
data on the active ingredient Allethrin (bioallethrin and esbiothrin).
The purpose of the database search is to identify potential patterns on
the extent and severity of the health effects attributed to Allethrin
(bioallethrin and esbiothrin) exposure.  The IDS includes reports of
incidents from various sources, including mandatory Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA) Section 6(a)(2) reports from
registrants, other federal and state health and environmental agencies
and individual consumers.

The following databases were not searched for poisoning incident data:
the American Association of Poison Control Centers National Poison Data
System (NPDS), the California Pesticide Illness Surveillance Program,
and the National Institute of Occupational Safety and Health’s
Sentinel Event Notification System for Occupational Risks (NIOSH
SENSOR).  The EPA is supplying the following incident report to fulfill
our requirement to docket summaries of incident data that were reported
to the Agency.  This report represents 6 incidents occurring in the
United States from 2002 to the present for the single chemical only.

Reports of adverse health effects allegedly due to a specific pesticide
exposure (an “incident”) are largely self-reported and therefore,
generally speaking, neither exposure to a pesticide or reported symptom
(or the connection between the two) is validated.  However, incident
information can be an important feedback loop to the Agency –
incidents of severe outcome, or a suggested pattern or trend among less
severe incidents can signal the Agency to further investigate a
particular chemical or product.

The FIFRA Section 6(a)(2) includes reports of alleged human health
incidents from various sources, including mandatory reports from
registrants, other federal and state health and environmental agencies
and individual consumers.  Since 1992, OPP compiles these reports in an
Incident Data System (IDS).  Reports submitted to the IDS represent
anecdotal reports or allegations only, unless otherwise stated in this
report.  Typically, OPP does not draw firm conclusions implicating the
pesticide is causally associated with the reported health effects.
Nevertheless, in some instances if enough cases and/or documentation of
exposure and health effect or suggested patterns of exposure and
response are indicative of a strong relationship, risk mitigation
measures may be suggested.

The evaluation of incident data for Allethrin (bioallethrin-004003)
identified  six incidents (see table at the end of document for
details), and for Allethrin (esbiothrin-004007) identified no incidents.
For the bioallethrin incidents identified, symptoms appear generic and
not confirmed to be related to exposure; there is no clear pattern of
toxicity or consistency of exposure scenarios.

IDS Report

Chemical: Allethrin (Bioallethrin)	004003	Human Incidents

Incident Number	Incident Date	Product Name	Registration Number	City
State	Exposure Type*	Incident Description

013098	028	15-Jun-02	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	RIVER RIDGE	LA
HC	A 49 year old Male caller states that her brother was sleeping on the
porch all night with the product burning and Sunday morning around 4 am
he woke up with Chest Pain. A couple of hours later he started to Pass
Out. He was brought into the hospital and they did other kinds of tests.

013226	042	16-Jul-02	OFF! MOSQUITO COIL III REFILL<PHONE_NUMBER>1	LITHONIA
GA	HC	A 29 year old Male the product was actually lit on a table near
the patient’s work desk. Apparently this was inside of a large
building that had large opens doors on either end of the building. The
business is a sign making shop. The patient had recently complained of
the odor from the product and even attempted to move it farther away
from his desk. Caller is concerned about her employee who in the last 30
mins went into Respiratory Arrest and had some sort of neurological
effect that caused his limbs to draw up. Pt is currently at HCF and MDs
for more evaluation.

013608	001	21-Oct-02	THERMACELL MOSQUITO REPELLENT<PHONE_NUMBER>7 071910
ORMOND BEACH	FL	HC	Unknown Adult (18-64 years old) Female, Woman’s
husband and son used the product in their hunting tree stand. She washed
their hunting clothes twice and had an allergic reaction, By the end of
the week she was feeling better when on Saturday her son, wearing his
hunting clothes, entered the room she was in and she had another
allergic reaction. She reported Itching, Hives, Tightening in Chest, and
Difficulty Breathing.

014420	071	30-Aug-03	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	HONOLULU	HI	HC	A
30 year old Male, product was burned outdoors last night at a friend’s
home. Caller thinks he inhaled some as the wind blew some in his face.
He developed a Headache last night which continues today. He feels dizzy
today.

014507	007	03-Sep-03	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	OXFORD	MI	HC	A
28 year old Male, caller's boyfriend passed out after lighting the
product happened 12 hrs ago. Smoke was wafting into his face. Sat next
to it for 15 minutes, stood up and fainted. Went inside, washed his
face, felt air within 15 minutes of incident. Recommend seek medical
evaluation.

020097	024	16-Aug-08	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	CAMDENTON	MO	HC
A 60 year old Female, caller states that her mother was visiting at a
neighbor's home 12 hours ago. The neighbors were burning the product
throughout the night. Caller states that her mother goes into congestive
heart failure when she smells or ingests cinnamon. Her mother is
currently on her way to the hospital. She developed Wheezing, and
Shortness of Breath that has gradually worsened.

* Severity Categories

H	Human

H-A	Human Fatality

H-B	Human Major

H-C	Human Moderate

H-D	Human Minor

H-E	Human Unspecified

   Page   PAGE  1  of   NUMPAGES  4

Page   PAGE  4  of   NUMPAGES  4


[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6864-6865]
[FR Doc No: 2018-03170]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-E-1665]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ZONTIVITY

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for ZONTIVITY and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by April
16, 2018. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by August 14, 2018.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of April 16, 2018. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2015-E-1665 for ''Determination of Regulatory Review Period for
Purposes of Patent Extension; ZONTIVITY.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your

comments only as a written/paper submission. You should submit two
copies total. One copy will include the information you claim to be
confidential with a heading or cover note that states ``THIS DOCUMENT
CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will review this copy,
including the claimed confidential information, in its consideration of
comments. The second copy, which will have the claimed confidential
information redacted/blacked out, will be available for public viewing
and posted on https://www.regulations.gov. Submit both copies to the
Dockets Management Staff. If you do not wish your name and contact
information to be made publicly available, you can provide this
information on the cover sheet and not in the body of your comments and
you must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with Sec.  10.20 (21 CFR 10.20) and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product ZONTIVITY
(vorapaxar sulfate). ZONTIVITY is indicated for the reduction of
thrombotic cardiovascular events in patients with a history of
myocardial infarction (MI) or with peripheral arterial disease (PAD).
ZONTIVITY has been shown to reduce the rate of a combined endpoint of
cardiovascular death, MI, stroke, and urgent coronary
revascularization. Subsequent to this approval, the USPTO received a
patent term restoration application for ZONTIVITY (U.S. Patent No.
7,304,078) from Merck Sharp & Dohme Corp., and the USPTO requested
FDA's assistance in determining this patent's eligibility for patent
term restoration. In a letter dated November 4, 2015, FDA advised the
USPTO that this human drug product had undergone a regulatory review
period and that the approval of ZONTIVITY represented the first
permitted commercial marketing or use of the product. Thereafter, the
USPTO requested that FDA determine the product's regulatory review
period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
ZONTIVITY is 3,401 days. Of this time, 3,037 days occurred during the
testing phase of the regulatory review period, while 364 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: January 16, 2005. FDA has verified the Merck Sharp & Dohme
Corp. claim that January 16, 2005, is the date the investigational new
drug application became effective.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: May 10, 2013.
FDA has verified the applicant's claim that the new drug application
(NDA) for ZONTIVITY (NDA 204886) was initially submitted on May 10,
2013.
    3. The date the application was approved: May 8, 2014. FDA has
verified the applicant's claim that NDA 204886 was approved on May 8,
2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,357 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and under 21
CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: February 9, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03170 Filed 2-14-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21956-21958]
[FR Doc No: 2014-08900]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0015]

Proposed Modification of the Uniform Chimney Variance To Include
Industrial Access, Inc., and Marietta Silos LLC

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

ACTION: Notice of applications for a permanent variance and request for
comments.

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SUMMARY: OSHA proposes to modify the uniform chimney variance granted
to Kiewit Power Constructors Co. and other employers (see 78 FR 60900)
by adding Industrial Access, Inc., and Marietta Silos LLC (``Industrial
Access and Marietta Silos'' or ``the applicants'') to the list of
employers covered by the conditions specified in that variance. OSHA
invites the public to submit comments on this proposed modification.

DATES: Submit comments, information, and documents in response to this
notice, or requests for a hearing or an extension of time to make a
submission, on or before May 19, 2014.

ADDRESSES: Submit comments and requests by any of the following
methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648. Instead of transmitting facsimile copies of attachments
that supplement the comments (e.g., studies, journal articles),
commenters may submit these attachments to the OSHA Docket Office,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210. These attachments must
clearly identify the sender's name, date, subject, and docket number
(i.e., OSHA-2012-0015) so that the Agency can attach them to the
appropriate comments.
    Regular or express mail, hand delivery, or messenger (courier)
service: Submit a copy of comments and any attachments to the OSHA
Docket Office, Docket No. OSHA-2012-0015, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW.,

Room N-2625, Washington, DC 20210; telephone:<PHONE_NUMBER> (TDY
number:<PHONE_NUMBER>). Note that security procedures may result in
significant delays in receiving comments and other written materials by
regular mail. Contact the OSHA Docket Office for information about
security procedures concerning delivery of materials by express
delivery, hand delivery, or messenger service. The hours of operation
for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All faxed and written submissions must include the
Agency name and the OSHA docket number (OSHA-2012-0015). OSHA will
place all submissions, including any personal information provided, in
the public docket without revision, and these submissions will be
available online at http://www.regulations.gov. Therefore, the Agency
cautions commenters about submitting statements they do not want made
available to the public, or submitting comments that contain personal
information (either about themselves or others) such as Social Security
numbers and birth dates.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office at the address or telephone number
listed above for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press Inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and Technical Information: Contact Mr. David Johnson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110; email<EMAIL_ADDRESS>OSHA's Web page
includes information about the Variance Program (see http://www.osha.gov/dts/otpca/variances/index.html).

SUPPLEMENTARY INFORMATION:
    Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at http://www.osha.gov.
    Hearing requests. OSHA is issuing this notice pursuant to 29 CFR
1905.13 (``Modification, revocation, and renewal of rules or orders'').
Paragraph (a)(2) of that provision states that requests for a hearing
must explain (1) how the proposed modification would affect the
requesting party, and (2) what the requesting party is seeking to show
regarding the subjects or issues involved.

I. Background

    Between 1973 and 2010, OSHA granted to a number of chimney-
construction companies permanent variances from the provisions of the
OSHA standards that regulate boatswains' chairs and hoist towers,
specifically, paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR
1926.552.\1\ On October 2, 2013, the Agency granted a permanent multi-
state uniform chimney variance to 15 construction employers (Kiewit et
al; 78 FR 60900). The uniform chimney variance: (1) Clarified,
improved, and updated the technology and safeguards included in the
conditions of the variance by citing the most recent consensus
standards and best practices; (2) broadened and standardized the scope
of the uniform chimney variance to apply to chimney-related
construction, including work on chimneys, chimney linings, stacks,
silos, towers, and similar structures, built using jump-form and slip-
form methods of construction, regardless of the structural
configuration, and that involve the use of temporary personnel hoist
systems; (3) provided consistent and safe variance conditions across
the employers applying for, and granted, the uniform chimney variance;
and (4) superseded and replaced the chimney-related construction
variances granted between 1973 and 2010.
---------------------------------------------------------------------------

    \1\ See 38 FR 8545 (April 3, 1973), 44 FR 51352 (August 31,
1979), 50 FR 20145 (May 14, 1985), 50 FR 40627 (October 4, 1985), 52
FR 22552 (June 12, 1987), 68 FR 52961 (September 8, 2003), 70 FR
72659 (December 6, 2005), 71 FR 10557 (March 1, 2006), 72 FR 6002
(February 8, 2007), 74 FR 34789 (July 17, 2009), 74 FR 41742 (August
18, 2009), and 75 FR 22424 (April 28, 2010).
---------------------------------------------------------------------------

II. Notice of Applications

    On December 6, 2013, Industrial Access, Inc., and on February 7,
2014, Marietta Silos LLC, submitted their respective applications for a
permanent variance under Section 6(d) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and
other relief under section 6(d)'') (see Exs. OSHA-2012-0015-0023 and
0024). The applicants construct, renovate, repair, maintain, inspect,
and demolish tall chimneys and similar structures made of concrete,
brick, and steel. This work, which occurs throughout the United States,
requires the applicants to transport employees and construction tools
and materials to and from elevated worksites located inside and outside
these structures. The applicants' names and addresses are as follows:
Industrial Access, Inc., 1155 McFarland 400 Drive, Alpharetta, GA
30004. Marietta Silos LLC, 2417 Waterford Road, Marietta, OH 45750.
    The applicants seek a permanent variance from 29 CFR
1926.452(o)(3), which regulates the tackle used to rig a boatswains'
chair, as well as from paragraphs (c)(1) through (c)(4), (c)(8),
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which regulate
hoist towers. These paragraphs specify the following requirements:
     (o)(3)--Requirements for the tackle used to rig a
boatswains' chair;
     (c)(1)--Construction requirements for hoist towers outside
a structure;
     (c)(2)--Construction requirements for hoist towers inside
a structure;
     (c)(3)--Anchoring a hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates
to the hoistway and cars;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum
hoisting; and
     (c)(16)--Material and component requirements for
construction of personnel hoists.
    Instead of complying with these requirements, the applicants
propose to use the alternative conditions specified by OSHA for these
requirements in the uniform chimney variance. The applicants contend
that including them under the conditions of the uniform chimney
variance would provide their employees with a place of employment that
is at least as safe and healthful as these employees would receive
under the existing provisions.

    As is the case with the uniform chimney variance, the places of
employment affected by the variance applications are the present and
future projects where the applicants construct chimneys and chimney-
related structures using jump-form and slip-form construction \2\
techniques and procedures, regardless of structural configuration when
such construction involves the use of temporary personnel hoist
systems. The applicants' projects would be in states under federal
authority, as well as states that have safety and health plans approved
by OSHA under Section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 667) and 29 CFR part 1952 (``Approved State Plans for
Enforcement of State Standards''). The affected states cover private-
sector employers and have standards identical to the standards that are
the subject of these applications, and these states agree to the terms
of the variance. (For further information, see the discussion of State-
plan coverage for the uniform chimney variance at 78 FR 60900, 60901.)
---------------------------------------------------------------------------

    \2\ Throughout this notice, OSHA uses the terms ``jump-form
construction'' and ``slip-form construction'' instead of ``jump-form
formwork construction'' and ``slip-form formwork construction,''
respectively.
---------------------------------------------------------------------------

    The proposed variance would permit the applicants to operate
temporary hoist systems in the manner prescribed by the uniform chimney
variance. According the conditions of the uniform chimney variance, the
applicants would use these temporary hoist systems to raise and lower
workers to and from elevated worksites. Examples of elevated worksites
where temporary hoist systems would operate include: Chimneys, chimney
linings, stacks, silos, and chimney-related structures such as towers
and similar structures constructed using jump-form and slip-form
construction techniques and procedures regardless of the structural
configuration of the structure (such as tapered or straight barreled of
any diameter).
    The applicants certify that they provided the employee
representatives of the affected employees \3\ with a copy of their
respective variance applications. The applicants also certify that they
notified their employees of the respective variance applications by
posting a copy of the respective applications at locations where they
normally post notices to their employees, and by other appropriate
means. In addition, the applicants attest that they informed their
employees and their representatives of their right to petition the
Assistant Secretary of Labor for Occupational Safety and Health for a
hearing on their variance applications.
---------------------------------------------------------------------------

    \3\ ``Affected employees'' are employees affected by the
permanent variance should OSHA grant it.
---------------------------------------------------------------------------

    If granted, OSHA would add the applicants to the employers listed
in the uniform chimney variance. Therefore, the applicants would comply
with conditions that are consistent with the conditions used by the
other employers listed in the uniform chimney variance when operating
temporary hoist systems in the construction of chimney-related
structures.

III. Specific Conditions of the Variance Applications

    As mentioned previously in this notice, OSHA has granted a number
of permanent variances since 1973 from the tackle requirements for
boatswains' chairs in 29 CFR 1926.452(o)(3) and the requirements for
hoist towers specified by paragraphs (c)(1) through (c)(4), (c)(8),
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In view of the
OSHA's history, knowledge, and experience with the variances granted
for chimney-related construction, OSHA finds that the variance
applications submitted by Industrial Access and Marietta Silos are
consistent with the uniform chimney variance previously granted to
other employers in the construction industry. Therefore, OSHA
preliminarily determined that the alternative conditions specified by
the applications will protect the applicants' workers at least as
effectively as the requirements of 29 CFR 1926.452(o)(3) and paragraphs
(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29
CFR 1926.552.
    Pursuant to the provisions of 29 CFR 1905.13 (``Modification,
revocation, and renewal of rules or orders''), OSHA is notifying the
public that Industrial Access and Marietta Silo are proposing to modify
the uniform chimney variance granted previously by OSHA to Kiewit Power
Constructors Co. and other employers (see 78 FR 60900) by adding them
to the list of employers granted authority by the Agency to apply the
conditions specified in the uniform chimney variance when operating
temporary hoist systems in the construction of chimney-related
structures. Accordingly, section VI (``Order'') of the uniform chimney
variance provides the alternate conditions to which Industrial Access
and Marietta Silos would have to comply should OSHA grant them this
modification to the uniform chimney variance. OSHA invites the public
to submit comments on this proposed modification to the uniform chimney
variance.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
655, Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012),
and 29 CFR part 1905.

    Signed at Washington, DC, on April 15, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08900 Filed 4-17-14; 8:45 am]
BILLING CODE 4510-26-P


                        INFORMATION COLLECTION REQUEST                              SUPPORTING STATEMENT                                                                               FOR                                                                     State Review Framework                                                                                January 3, 2017                                                                                U.S. Environmental Protection Agency                              Office of Compliance

                               TABLE OF CONTENTS

Part A

1.	IDENTIFICATION OF THE INFORMATION COLLECTION 	1(a)	Title of the Information Collection 	1(b)	Short Characterization/Abstract

2.	NEED FOR AND USE OF THE COLLECTION 	2(a)	Need/Authority for the Collection 	2(b)	Practical Utility/Users of the Data

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 	3(a)	Nonduplication 	3(b)	Public Notice Required Prior to ICR Submission to OMB 	3(c)	Consultations 	3(d)	Effects of Less Frequent Data Collection 	3(e)	General Guidelines 	3(f)	Confidentiality 	3(g)	Sensitive Questions

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED 	4(a)	Respondents/SIC Codes 	4(b)	Information Requested

5.	THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 	5(a)	Agency Activities 	5(b)	Collection Methodology and Management 	5(c)	Small Entity Flexibility 	5(d)	Collection Schedule

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION 	6(a)	Estimating Respondent Burden 	6(b)	Estimating Government Burden 	6(c)	Bottom Line Burden and Cost Table 	6(d)	Reasons for Change of Burden 	6(e)	Burden Statement

Part B

This part is not applicable because no statistical methods were used in collecting this information.

Part A

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)	Title of the Information Collection ICR:	 State Review Framework (Renewal) (EPA ICR No. 2185.06) OMB Control Number: 2020-0031

"State Review Framework"

	1(b)	Short Characterization/Abstract

	The State Review Framework ("Framework") is an oversight tool designed to assess state performance in enforcement and compliance assurance.  The Framework's goal is to evaluate state performance by examining existing data to provide a consistent level of oversight and develop a uniform mechanism by which EPA Regions, working collaboratively with their states, can ensure that state environmental agencies are consistently implementing the national compliance and enforcement program in order to meet agreed-upon goals and standards.  Furthermore, the Framework is designed to foster dialogue on enforcement and compliance performance between the states that will enhance relationships and increase feedback, which will in turn lead to consistent program management and improved environmental results.  	Specifically, the Framework is a structured process that provides critical information on a state's (or Region's, for states with EPA-implemented programs) core enforcement and compliance assurance performance by employing existing data available in EPA's existing national databases and presented in management reports for each state.  No new data collection is required for the national databases.  Data from national databases is complimented by data obtained through file reviews of a state environmental agency's compliance and enforcement files.  No new data is required in these files; however, they are reviewed to ensure proper and adequate documentation.   	The Framework process asks regions, states and local governments to examine the existing data described above in three core programs: Clean Air Act ("CAA"), Stationary Sources; Clean Water Act ("CWA"), National Pollutant Discharge Elimination System ("NPDES"); and Resource Conservation and Recovery Act ("RCRA"), Subtitle C.  The EPA evaluates five (5) elements using data and file review metrics that require no new reporting burden.  The utility of the Framework's metrics and the Implementation Guide are a direct result of the collaboration between states, EPA Regions, and EPA Headquarters.  .

The five (5) elements are 1) Data (completeness, accuracy, and timeliness of MDR entry into national data systems); 2) Inspections (coverage, report completeness and timeliness); 3) Violations (accuracy of compliance and SNC/HPV determinations); 4) Enforcement (timeliness, appropriateness, return to compliance); and 5) Penalties (documentation of gravity, economic benefit, reduction in amount, and collection).  In the interest of accuracy and efficiency, the Framework also includes a five-step protocol for managing the process: (1) pre-review; (2) offsite review; (3) onsite review; (4) drafting of the report; and (5) composing the final report and follow-up.  After reviewing the level of performance based on the metrics developed under the five required performance elements, and other information collected in the review process, EPA will determine if a state or Region meets minimum performance levels.

2.	NEED FOR AND USE OF THE COLLECTION

	2(a)	Need/Authority for the Collection

The purpose of this collection is to assess state performance in core enforcement and compliance assurance programs.  The goals are to provide a consistent level of oversight and develop a uniform mechanism by which EPA Regions, working collaboratively with their states, can ensure that state environmental agencies are meeting agreed-upon goals.  It is important to note that all data requested by this collection is currently in EPA's or the state's databases and enforcement and compliance files.  No additional monitoring or sampling will be required by this ICR.

While the data that the Agency will collect is pre-existing, the Agency is permitted to review the states' Clean Air Act, Stationary Source program, the Solid Waste Disposal Act, Subtitle C program, and the Clean Water Act, National Pollutant Discharge Elimination System permit program to ensure minimum performance levels are met.  The Agency's oversight authority for the aforementioned programs are:

(1) Clean Air Act, Stationary Source program:

Section 114 allows collection of information from states.  Specifically, the collection of the requested information is authorized by 40 CFR 70.4(j)(1), which states that "[a]ny information obtained or used in the administration of a State program shall be available to EPA upon request without restriction and in a form specified by the Administrator, including computer-readable files to the extent practicable," and 40 CFR 70.10(c)(1)(iii), which addresses EPA oversight of State and local agencies' compliance and enforcement efforts for major sources under Title V operating permit programs.

(2) Solid Waste Disposal Act, Subtitle C program:

The Act refers to activities at companies that generate hazardous waste.  At §3007, the Agency is permitted to have access to and request records regarding hazardous waste generating activities.   Additionally, 40 CFR 271.17(a) authorizes EPA, upon request without restriction, access to "[a]ny information obtained or used in the administration of a State program."

(3) Clean Water Act, NPDES program:

The Act refers to activities involving the discharge of materials into waters of the United States.  At §308, the Agency is permitted to review records to determine compliance with effluent limitations or treatment performance standards.  Further, the NPDES state program regulations provide that "[a]ny information obtained or used in the administration of a State program shall be available to EPA upon request without restriction."  40 CFR 123.41.  Also, 40 CFR 123.43 requires states to provide EPA with information on NPDES program implementation.

The information collected through this ICR will aid the Agency in achieving EPA's Strategic Plan goal to increase compliance and environmental stewardship.  This goal was developed in response to the 1993 Government Performance and Results Act and is described in EPA's FY2014-2018 Strategic Plan, Goal 5, "Protecting Human Health and the Environment by Enforcing Laws and Assuring Compliance".

	2(b)	Practical Utility/Users of the Data

EPA will use the data obtained from the collection to determine if a state or Region meets minimum performance levels.  Such a determination is necessary to recognize states that are performing well and to provide assistance to states that are not meeting minimum performance levels.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a)	Nonduplication

The information to be obtained under this ICR has not been collected by EPA or any other federal agency.

	3(b)	Public Notice Required Prior to ICR Submission

On October 12 2016, (81 FR 70421) EPA published a Federal Register Notice announcing its intent to request to renew an existing approved ICR for the State Review Framework to OMB.  EPA received no comments to the Federal Register Notice.

	3(c)	Consultations

EPA consulted with several key state and media associations in the course of developing the State Review Framework.  The leadership and membership of these organizations were instrumental in helping OECA develop the initial concept for the State Review Framework, in working to develop the main components and metrics, completing pilot projects and providing input into its evaluation.  These associations remain involved in the review process and are in consultation with the EPA regarding the upcoming round, Round 4, beginning in FY2018.

These associations are:

ECOS ASIWPCA ASTSWMO STAPPA/ALAPCO

The main contacts with these organizations are:

Environmental Council of States (ECOS)

Alexandra Dunn Deputy Executive Director 50 F Street NW  Suite 350 Washington, DC 20001 Phone:<PHONE_NUMBER> Fax:<PHONE_NUMBER>

Association of Clean Water Administrators (ACWA)

Sean Rolland Deputy Director 1221 Connecticut Avenue, NW, 2[nd] Floor Washington, DC 20036 Phone:<PHONE_NUMBER> Fax:<PHONE_NUMBER>

Association of State and Territorial Solid Waste Management Officials (ASTSWMO)

Dania Rodriguez Executive Director ASTSWMO 444 North Capitol Street NW Suite 315 Washington, DC 20001 Phone:<PHONE_NUMBER> Fax.<PHONE_NUMBER>

Kerry Callahan Senior Staff Association Same contact information

National Association of Clean Air Agencies (NACAA)

Mary Sullivan Douglas Staff Associate 444 North Capital St NW, Suite 307 Washington, DC 20001 202-624-7864

	3(d)	Effects of Less Frequent Data Collection

Each respondent will report only one time every five years.

	3(e)	General Guidelines

This information collection is consistent with OMB guidelines contained in 5 CFR 1320.5(d)(2).

	3(f)	Confidentiality

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

The collection in this ICR does not contain any sensitive questions.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a)	Respondents and SIC Codes

Respondents potentially affected by this action are 10 (ten) EPA Regional Offices, 50 (fifty) States, 4 (four) Territories, and 40 (forty) Local Agencies.  Based on our experience, we believe the true number of  respondents for this ICR will primarily be 10 EPA Regional Offices, fifty (50) states, 4 (four) territories, and 15 (fifteen) local agencies.  There are no SIC codes for the Respondents.

	4(b)	Information Requested

		(i) Data items, including recordkeeping requirements

The State Review Framework requests information on the contribution of state enforcement activities to federally delegated programs.  There are no recordkeeping requirements associated with this collection.

Prior to conducting an onsite review once every five years, EPA will request states to make available a limited number of pre-existing facility-specific files, so that EPA may review the information in those state files when the onsite review is conducted.  The files normally contain information on the state's enforcement and compliance activities, including inspection coverage, enforcement timeliness and appropriateness, penalty calculations and fines collected, and data quality, accuracy and completeness. Most of the data that EPA reviews has been uploaded into the national compliance database from state compliance databases but a small subset of the data is only available in hard-copy files.

		(ii) Respondent Activities

Respondent will engage in the following activities during the Framework process:

1. Pre-Review and Offsite Review Review elements and metrics Train/brief state staff & managers on review substance and process Collect files, policies, data sets, reports, and review and correct the national data

2. Onsite Review Participate in kick-off meeting Assist/facilitate EPA review of files and data sets Participate in discussion of program with EPA

3. Report Drafting Review and comment on draft report

4. Coordination of Parts 1, 2 & 3 Coordination of review with the state agency Coordination of the review within EPA

5.	THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

	5(a)	Agency Activities

Agency activities associated with the State Review Framework consist of the following:

(1) Review elements and metrics (2) Train/brief state staff & managers on review substance and process (3) Collect files, policies, data sets, reports, and review and correct the national data. (4) Participate in kick-off meeting. (5) Assist/facilitate EPA review of files and data sets (6) Participate in discussion of program with EPA (7) Review and comment on draft report (8) Coordination of review with the state agency (9) Coordination of the review within EPA

	5(b)	Collection Methodology and Management

The Agency will provide respondents with guidelines and training for conducting the review that will ensure a consistent approach to the reviews.  Over the course of the review process the Agency will work with the states and provide assistance as necessary.  All of the state reports will be submitted electronically.  National data used to assess state performance already resides in various EPA databases.  These data are covered by other Information Collection Requests or regulatory language.  Additional data will come from the review of state inspection and enforcement files, which is the data that are to be collected based on this request.

	5(c)	Small Entity Flexibility

Small entities will not be affected as the collection will only be completed by EPA Regions, States and territories.

	5(d)	Collection Schedule

Each Respondent will complete the four-step protocol for managing the process one time every five years: (1) pre-review and offsite review, including a review and correction of the data of the national data; (3) onsite review; (4) drafting of the report; and (5) composing the final report and follow-up.  Ten (10) states are scheduled to complete the review process each year over the five year term.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a)	Estimating Respondent Burden and Costs

The estimated total hour burden for response is 256 hours per respondent.  This burden hour estimate translates to a cost of $10,060 per entity that voluntarily completes the survey resulting in the total of $543,245 over 5 years. There is no recurring respondent burden associated with this ICR.  No capital or operations and maintenance costs are incurred by respondents under this ICR.

	The labor costs in the following table are based on the following mean hourly labor rates:

		Legal:		$41.71   (State Government Lawyer, 23-1011) 		Managerial:	$40.53   (State Managers, 11-0000) 		Technical:	$39.15   (Computer and Mathematical Occupations, 15-0000) 		Clerical:	$18.70   (Office and Administrative Support, 43-0000)

These rates are from the United States Department of Labor's, Bureau of Labor Statistics, "May 2015 National Occupational Employment and Wage Estimates," http://www.bls.gov/oes/current/oes_stru.htm

Table 1.  Respondents' Burden and Costs Information Collection Activity Legal $41.71/ hour

Man. $40.53/ hour

Tech. $39.15/ hour Clerical $18.70/ hour Cap./ Start-up cost Oper.  and  Maint.  (O&M cost) 1. Pre-Review and Offsite Review

Review data metrics                                         6                                       14                                       45                                        1 $0.0 $0.0 Train/brief state staff & managers on review substance and process.                                        2                                       13                                        9                                        1 $0.0 $0.0 Collect files, policies, data sets, reports etc.                                          1                                       10                                       27                                        5 $0.0 $0.0 2. Onsite Review

Participate in kick-off meeting.                                        1                                       11                                        3                                        0 $0.0 $0.0 Assist/facilitate EPA review of files and data sets                                        1                                       11                                       18                                        2 $0.0 $0.0 Participate in discussion of program with EPA                                        1                                        7                                        2                                        0 $0.0 $0.0 3. Report Drafting

Review and comment on draft report                                        3                                       38                                       15                                        3 $0.0 $0.0 4. Coordination of  Parts 1, 2 & 3

Coordination of review with the state agency                                        3                                        8                                        2                                        0 $0.0 $0.0 Coordination of the review within EPA                                        2                                        7                                        1                                        1 $0.0 $0.0 TOTAL HOURS/Respondent

                                       13                                    ($41.71)                                       116                                    ($40.53)                                       119                                    ($39.15)                                        10                                    ($18.70)

LABOR COST/Respondent $528.00

$4,704.00 $4,641.00 $187.00

No. of Respondents: 54 Total hours: 256/Respondent x 54 Respondents =13,824 hours over 5 years or 2,765 hours annually Total Cost: $10,060/Respondent x 54 respondents = $543,245 over 5 years or  $108,649 annually

	6(b)	Estimating Agency Burden

EPA introduced program efficiencies to improve program effectiveness. As a result, hourly burden rates were reduced from the previous ICR estimate. EPA Regions I through X will participate in the State Review Framework process and the following table details the hour and cost burden per region.  These rates are from the Office of Personnel Management (OPM) "2013 General Schedule" which excludes locality rates of pay.  Rates have frozen since 2010 so the costs in this section have not changed.

	The cost for the Regional table (Table 2) is based on the average hourly labor rate as follows:

            Legal		$47.39   (GS-14, Step 5)  		Managerial	$40.10   (GS-13, Step 5)              Technical	$29.76   (GS-12, Step 1)              Clerical	$16.10   (GS-6,   Step 3)

	The cost for the Headquarters table (Table 3) is based on the average hourly labor rate as follows:

            Legal		$59.13   (GS-14, Step 5) 		Managerial	$50.40   (GS-13, Step 5)             Technical	$37.13   (GS-12, Step 1)             Clerical	$20.09   (GS-6,   Step 3)

	These rates are from the Office of Personnel Management (OPM) "2013 General Schedule" and includes the locality payment for the Washington D.C. area.

Table 2. Agency Burden and Cost (per Region)

Information Collection Activity Legal $47.39/ hour

Man. $40.10/ hour

Tech. $29.76 /hour Cler. $16.10/ hour Capital/ Start-up cost Oper. and Maint. (O&M cost) 1. Pre-Review and Offsite Review

Review data metrics  0 4.69 26.44 0 0 0 Train/brief state staff & managers on review substance and process. 0 8.25 15.19 0 0 0 Collect files, policies, data sets, reports etc.   0 3 14.44 0 0 0 2. Onsite Review

Participate in kick-off meeting. .56 2.25 6.75 0 0 0 Assist/facilitate on-site review of files and data sets 0 22.13 95.63 0 0 0

Participate in discussion of program with state 0 2.25 9.5 0 0 0 3. Report Drafting

Review and comment on draft report 0 16.13 60.75 0 0 0 4. Coordination of Parts 1, 2 & 3

Coordination of review with the state agency 0 2.17 8.25 0 0 0 Coordination of the review within EPA

0 1.75 12.75 0 0 0 Total Agency hours 0.56 62.60 249.70 0 0.0 0.0 Total Agency costs $26.54 $2510.26 $7431.07 $0 0.0 0.0 TOTAL REGIONAL AGENCY HOURS:     313 (x 10 Regions =  3,100) TOTAL REGIONAL AGENCY COST:    $9,673.49 (x 10 Regions = $99,678.72)

Table 3. Agency Burden and Cost (Headquarters) Information Collection Activity Legal $59.13/ hour

Man. $50.40/ hour

Tech. $37.13 /hour Cler. $20.09/ hour Capital/ Start-up cost Oper. and Maint. (O&M cost) 1. Pre-Review and Offsite Review

Train/brief state and region staff & managers on review substance and process. 0 2.25 2.25 0 0 0 Collect files, policies, data sets, reports etc.   0 0 1.5 3.75 0 0 2. Onsite Review

Participate in kick-off meeting. .75 .75 .75 0 0 0 Participate in discussion of the program with the Regions 3.75 3.75 7.5 0 0 0 3. Report Drafting

Review and comment on draft report 3.75 3.75 11.25 0 0 0 4. Coordination of Parts 1, 2 & 3

Coordination of the review within EPA 0 1.5 1.5 0 0 0 TOTAL

8.25 12 24.75 3.75 0 0 TOTAL COST

$487.82 $604.8 $918.97 $75.34 0.0 0.0 TOTALS    Hours: 48.75    Labor Cost: $2,086.92

6(c) Bottom Line Burden Hours and Cost Tables

Table 4.  Total Estimated Respondent Burden and Cost Summary (over 5 years)

No. of Respondents No. of Activities Total hours Total Labor Costs Total Capital and Start-up costs Total Annual O&M costs Respondent 54 9   13,824 $543,245 $0.0 $0.0

Table 5. Total Estimated Agency Burden and Cost Summary

No. of Activities Total hours Total Labor Costs Total Capital and Start-up costs Total Annual O&M costs Regions 9 3,100 (for all ten regions) $99, 678.72 (for all ten regions) $0.0 $0.0 Headquarters 6 48.75 $2,086.92 $0.0 $0.0

	6(d)	Reasons for Changes in Burden

There has been a reduction of hours in the total estimated response burden from 521 to 256 hours per respondent, or annually, from 5,627 to 2,765 hours. This decrease in part reflects full implementation of efficiencies instituted just prior to the submittal of the currently approved ICR in addition to continued experience with the review process. Adjustments were also made to the estimates because several additional respondents (states) were consulted who had completed a more recent review.       	 	6(e)	Burden Statement

      The average annual respondent burden for each state is 256 hours.  This estimate includes time for (1) reviewing and correcting the national data and the metrics; (2) training and briefing state staff & managers on review substance and process; (3) collecting files, policies, data sets, reports etc.; (4) participating in kick-off meetings; (5) assisting/facilitating EPA review of files and data sets; (6) participating in discussion of program with EPA; (7) reviewing and commenting on draft report; (8) coordinating of review with the state agency; and (9) coordinating of the review within EPA. There is no record keeping burden for this collection as the State Review Framework does not include record keeping requirements.  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 valid OMB Control Number.  The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.         To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA- HQ-OECA-2010-0291, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Avenue, N.W., Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the OECA Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at http://www.regulations.gov.  Use http://www.regulations.gov to submit or view public comments, to access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  You can also send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA- HQ-OECA-2010-0291 in any correspondence.

Part B of the Supporting Statement

	This part is not applicable because no statistical methods were used in collecting this information.