[Federal Register: April 11, 2007 (Volume 72, Number 69)]
[Notices]
[Page 18233-18234]
[DOCID:fr11ap07-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Amendment of License and Soliciting
Comments, Motions To Intervene, and Protests

April 5, 2007.
    a. Type of Application: Applications for Amendment of Licenses to
Reflect Settlement Agreement.
    b. Project Numbers: P-2528-084, P-2527-064, P-2194-032, P-2531-058,
P-2529-086, P-2530-044.
    c. Date Filed: March 27, 2007.
    d. Applicant: FPL Energy Maine Hydro LLC (licensee).
    e. Name of Projects: Cataract Project (FERC No. 2528), Skelton
Project (FERC No. 2527), Bar Mills Project (FERC No. 2194), West Buxton
Project (FERC No. 2531), Bonny Eagle Project (FERC No. 2529), Hiram
Project (FERC No. 2530).
    f. Location: The projects are located on the Saco River in
Cumberland, Oxford, and York Counties, ME.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Frank Dunlap, FPL Energy Maine Hydro LLC, 160
Capitol Street, Suite 8, Augusta, ME 04330, phone<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Blake Condo at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and/or motions: May 4, 2007.
    k. Description of Request: The licensee filed a 2000-2005 Final
Assessment Report-Saco River Fish Passage (assessment), along with a
comprehensive Settlement Agreement (agreement), concerning fish passage
and fisheries management at the above referenced projects on the Saco
River in southern Maine. The assessment is required by the existing
licenses for the projects. The agreement incorporates fish passage and
other fisheries management measures recommended by the assessment. The
agreement is between the licensee, U.S. Fish and Wildlife Service,
National Marine

Fisheries Service, Maine Atlantic Salmon Commission, Maine Department
of Inland Fisheries and Wildlife, Maine Department of Marine Resources,
Saco River Salmon Club, Atlantic Salmon Federation, and Maine Council
of the Atlantic Salmon Federation. The agreement concerns the
resolution of various disputes and issues regarding both upstream and
downstream fish passage and management including license article 403
for the Cataract Project, articles 405, 406, and 407 for the Skelton
Project, article 404 for the West Buxton Project, articles 404, 405,
406, 407, and 408 for the Bonny Eagle Project. The Bar Mills Project is
currently undergoing re-licensing and any new provisions as described
in the agreement will be evaluated under the current re-licensing
proceeding. The agreement will provide a new schedule for completion of
various fish passages, effectiveness studies on the new fishways,
fishway operating procedures, American eel management measures,
anadromous fish management measures, and additional studies within the
Saco River. The licensee requests that the Commission amend the above
license articles to reflect the provisions of the agreement.
Additionally the agreement proposes provisions not contained in any
license article for the Hiram Project and requests that those
provisions be added to the license.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to

be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers (P-2528, P-2527, P-2194, P-2531, P-2529, and P-
2530). All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-6798 Filed 4-10-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Proposed Rules]
[Page 36315]
[FR Doc No: 2015-15403]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0230; FRL-9929-03]
RIN 2070-ZA16

Banda de Lupinus albus doce (BLAD); Proposed Pesticide Tolerance;
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; technical correction.

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SUMMARY: EPA issued a proposed rule in the Federal Register of May 29,
2015, concerning Banda de Lupinus albus doce (BLAD), in or on all food
commodities. This document corrects typographical errors.

DATES: Comments must be received on or before July 28, 2015.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of May 29, 2015 (80 FR 30640) (FRL-
9927-02).

FOR FURTHER INFORMATION CONTACT: Robert McNally, Director,
Biopesticides and Pollution Prevention Division (7511P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the May 29, 2015 proposed rule a list of
those who may be potentially affected by this action.

II. What does this technical correction do?

    EPA issued a proposed rule in the Federal Register of May 29, 2015,
that was concerning Banda de Lupinus albus doce (BLAD), in or on all
food commodities. EPA inadvertently listed a government agency
incorrectly.
    The preamble for FR Doc. 2015-12530 published in the Federal
Register of May 29, 2015 (80 FR 30640) (FRL-9927-02) is corrected as
follows:
    1. On page 30640, second column, under the heading ENVIRONMENTAL
PROTECTION AGENCY, line 4, correct Banda de Lupinus albus doce BLAD to
read Banda de Lupinus albus doce (BLAD).
    2. On page 30641, second column, paragraph 3, line 3, Federal Drug
Administration is corrected to read: Food and Drug Administration.

III. Do any of the statutory and executive order reviews apply to this
action?

    No. For a detailed discussion concerning the statutory and
executive order review, refer to Unit VII. of the May 29, 2015 proposed
rule.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 11, 2015.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division.
[FR Doc. 2015-15403 Filed 6-23-15; 8:45 am]
BILLING CODE 6560-50-P


 1  Supporting Statement for a Request for OMB Review under the Paperwork Reduction Act 1 IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection Title: TSCA Section 12( b) Notification of Chemical Exports EPA ICR No. 0795.10 OMB Control No. 2070 0030 1( b) Short Characterization Section 12( b)( 2) of the Toxic Substances Control Act, Public Law 94 469, 15 U. S. C. 2611( b)( 2) states, in part, that any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of data is required under section 4 or 5( b), or for which a rule, action or order has been proposed or promulgated under section 5, 6, or 7, shall notify the EPA Administrator of such export or intent to export ( see Attachment 1). The Administrator in turn will notify the government of the importing country of EPA's regulatory action with respect to the substance.

On December 16, 1980, EPA promulgated a rule that provided final guidance for section 12( b) ( 45 Fed. Reg. 82844). This final rule requires exporters to submit an annual notice for each country to which a chemical subject to section 12( b) requirements is exported. On July 27, 1993 ( 58 Fed. Reg. 40238), EPA issued a final rule, which amended the December 16, 1980 rule, for chemicals subject to section 4 test rules by requiring exporters to submit a one time notice to EPA for export of a section 4 chemical to a particular country, instead of annual notification. There are no changes in reporting requirements for sections 5, 6 and 7 of TSCA. These rules are codified at 40 CFR Part 707, Subpart D ( see Attachment 2).

The export notice must include five easily ascertainable items: the name and address of the exporter, the name of the chemical, the country of import, the date of export or intended export, and the section of TSCA under which EPA has taken action ( 4, 5, 6 or 7). There are currently over 1,000 substances or categories of substances that have been regulated or proposed to be regulated under the applicable sections of TSCA. RECEIVED OPPT NCIC 2003 July 25 11: 04AM OPPT 2003 0039 0002  2  1( c) Potential Future EPA Actions Affecting this Information Collection The purpose of this section is to identify EPA actions that are anticipated to occur during the collection period that could affect the information requirements and burden. The Agency will follow appropriate procedures for modifying the ICR for section 12( b) to account for the impacts of these actions at such time they actually occur.

On October 9, 1998, EPA announced the High Production Volume Chemical ( HPV) Challenge Program. The HPV Program is a key element of the Chemical Right to Know ( Chem RTK) initiative announced by Vice President Gore and EPA Administrator Browner on the eve of Earth Day 1998. The Chem RTK initiative challenges government, industry and the environmental community to develop aggressive strategies that will rapidly fill the gaps in our understanding about the potential health and environmental effects associated with chemicals used widely in our communities and make this information easily accessible to the public.

The HPV Challenge Program is a major new voluntary chemical testing effort created to ensure that a complete set of baseline health and environmental effects screening data on thousands of HPV industrial chemicals is made available to the public. EPA in partnership with industry and environmental groups have outlined an approach for compiling the basic information for 2,800 HPV chemicals. HPV chemicals are defined as those that are manufactured in, or imported into, the United States in amounts exceeding 1 million pounds per year.

For those chemicals not selected by companies for voluntary testing, EPA will promulgate test rules, using the testing authorities contained in section 4 of TSCA. At the time of the writing of this ICR, EPA is developing options for a proposed rulemaking expected to be published during the fourth quarter of FY 1999. This includes determining which chemicals and the number of chemicals potentially affected by these rulemaking requirements. The chemicals included in the final rulemaking will be subject to section 12( b) export notification requirements. EPA anticipates that this will result in an increase of the information collection burden for section 12( b). The calculation for the increased burden will likely be a straightforward multiplication of number of chemicals not currently subject to section 12( b) requirements by the average number of hours and associated cost.

The Office of Pollution Prevention and Toxics ( OPPT) has been working with industry representatives exploring opportunities for electronic submission of data to the Agency. One pilot includes electronic submission of section 12( b) export notifications. OPPT has recently developed a new database for accepting electronic submissions under section 12( b). The new database incorporates new web and public key infrastructure ( PKI) technology that will allow for submissions via the Internet. The new database is currently undergoing beta testing and EPA anticipates it will be available for implementation later this calendar year. OPPT hopes to announce the details regarding its ability to accept electronic section 12( b) submissions in a subsequent Federal Register Notice sometime later in FY 1999. EPA expects electronic submission will result in an overall reduction of the information collection burden for  3  section 12( b) export notification. 2 NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection TSCA section 12( b)( 2) requires exporters to submit a notice for each country to which a chemical subject to section 12( b) requirements is exported.

2( b) Use/ Users of The Data Information collected under section 12( b) will be used by the Administrator to furnish notice of EPA action on the exported chemical to the government of the importing country.

3 NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication The exporter submits one notice to EPA. There is no duplication except for some similar data submitted to the Bureau of the Census.

Prior to promulgating the section 12 ( b) rule, EPA considered the possibility of using data already generated under the Bureau of the Census requirements in lieu of a section 12( b) rule. However, several problems with the Census data make this approach impractical. These problems include, among others, the fact that Census data are often not chemical specific; Census exempts certain shipments and exporters that are not exempt from section 12( b); and Census data would not be available for up to eight weeks following export, a delay that would prevent EPA from providing foreign governments the timely notice required by section 12( b).

3( b) Public Notice Required Prior to ICR Submission to OMB In proposing to renew this ICR, EPA provided a 60 day public notice and comment period that ended on March 15, 1999 ( 64 FR 2486, January 14, 1999). EPA received comments during the comment period, which are addressed in a memorandum accompanying this ICR.

3( c) Consultations Prior to proposing guidance for the submission of section 12( b) notices, EPA held informal meetings with the Manufacturing Chemists Association ( now Chemical Manufacturers Association), and with representatives of the Swedish, Canadian and British governments. Twelve comments were received from exporters, environmental groups and foreign governments during the public comment  4  period for the proposal. We also met with members of the Chemical Manufacturers Association to discuss section 12( b) requirements and the possible need for some changes to the rule.

3( d) Effects of Less Frequent Collection If the collection of information was conducted less frequently, the regulatory requirements would not be met.

3( e) General Guidelines This information collection is necessary to implement statutory requirements of section 12( b) of TSCA and is consistent with the requirements of 5 CFR 1320.6.

3( f) Confidentiality The respondent may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA and 40 CFR Part 2. However, notwithstanding any claim of confidentiality, the foreign government of the importing country will be notified of the export of the substance( s) in question.

3( g) Sensitive Questions This section is not applicable. The information requested is not sensitive in nature.

4 THE INFORMATION COLLECTED AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 4( a) Agency Activities The activities routinely conducted by EPA related to the receipt and processing of section 12( b) export notices include the following:

o review export notices for compliance;

o respond to follow up inquiries from foreign governments;

o consult with companies on complying with section 12( b) rule;  5  o act as liaison between foreign governments and companies to seek additional information on exports;

o log in notices for tracking/ reporting;

o prepare letters with supporting documents to foreign governments.

4( b) Collection Methodology and Management With the exception of section 4 chemicals, an exporter must submit, on an annual basis, one section 12( b) notice for each country to which a chemical subject to section 12( b) is exported. The notice must be postmarked within seven days after accepting a definite contractual obligation or no later than the date of export. If the collection of information was conducted less frequently, the regulatory requirements would not be met.

EPA has not been able to identify a more efficient, less expensive or more flexible means of obtaining the required data. There is no new technology applicable to the collection of this information that would minimize the collection burden.

4( c) Small Entity Flexibility TSCA section 12( b) does not exempt small businesses. However, most reporting has been by large companies. The burden on any exporter should be minimal; it should take no more than one half hour to prepare a section 12( b) notice.

4( d) Collection Schedule On an annual basis, excluding section 4 chemicals, an exporter must submit only one section 12( b) notice for each country to which a chemical subject to section 12( b) is exported. The notice must be postmarked within seven days after accepting a definite contractual obligation to export or no later than the date of export. If the collection of information was conducted less frequently, the regulatory requirements would not be met.

5 THE RESPONDENTS AND THE INFORMATION REQUESTED 5( a) Respondents/ SIC Codes Chemical exporters/ SIC Codes 28 and 29, and Wholesalers/ SIC Code 51.

5( b) Information Requested  6  ( i) Data Items Respondents are required to report: ( 1) the name and address of the exporter; ( 2) the name of the chemical; ( 3) the country of import; ( 4) the date of export or intended export; ( 5) and the TSCA section 4, 5, 6 or 7 action that triggers the notice. ( ii) Respondent Activities o Compile list of products exported by the company;

o Check list against outgoing orders to determine if product/ chemical is on the list;

o If product/ chemical is on the list, complete an export notice and forward to EPA.

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION The purpose of this analysis is to determine the incremental cost to industry and to the EPA associated with export reports that are submitted to the Agency under the TSCA section 12( b) reporting requirements.

6( a) Estimating the Respondent Burden The burden to respondents of this information collection activity comprises the time required to perform the steps outlined in section 3 of this document.

Most companies comply by compiling a list of products exported by the company that are subject to section 12( b) reporting. Each outgoing order is checked to see if the chemical or product is on the list and, depending on the chemical, whether it is the first shipment to the importing country or the first shipment of the calendar year to that country. If so, a completed form letter is sent to EPA. In most cases the entire process is computerized.

Compile List. Since this information collection activity has been in place for eighteen years, most respondents will have already developed a list of their products subject to section 12( b) reporting. Respondents need only check for new regulations promulgated and any new products exported by the company. Conversations with several chemical companies suggest that small companies with few products spend a minimal amount of time rechecking regulations, while large companies with many products may expend a substantial amount. Based on past experience, approximately 350 companies can be expected to report under section 12( b). Updating the list is estimated to take from two hours per year up to two hours per month of technical time ( which may also include some proportion of legal time). This will vary depending on the number of products exported by the company and the number of their products subject to section 12( b), but we estimate that approximately 50 companies are near the upper estimate of 24 hours per year and 300 companies are near the lower estimate of 2 hours per year. Compiling the list for all  7  respondents is estimated to take 1800 hours ( 2 hours x 300 firms plus 24 hours x 50 firms), or an average of about 5.14 hours per firm. About 100 of those companies are filing notices under TSCA section 12( b) for the first time and thus could be incurring higher costs for this task.

Write Letter. Companies that export chemicals subject to section 12( b) reporting must prepare an export notice to send to EPA. Time for initial preparation of the export notice probably varies depending on whether the company has prior experience with this program, but this step is estimated to take an average of one hour of technical time ( which may also include some proportion of legal time) per year for each company subject to section 12( b) reporting. Many of the notifications received by EPA are for repeat submissions from a company. Most of the repeat submissions received by the Agency are computer generated form letters and it is assumed that no additional time is required to prepare letters for repeat submissions. Thus we estimate a total of 350 hours ( 1 hour x 350 firms = 350 hours) per year in letter writing or revising.

Checking Orders and Send Notices. The 350 companies that export chemicals subject to section 12( b) reporting must check outgoing shipments against the list of their products described above. Where the shipment is for a section 12( b) chemical and, depending on the chemical, if it is the first shipment to the importing country or the first shipment of the calendar year to that country, a form letter notifying EPA is printed out. Conversations with several companies indicate that roughly half of the export shipments checked contain section 12( b) chemicals, and notices are required for about half the shipments containing those chemicals. Thus for every notice sent there are approximately three shipments checked with no notice required. This whole process is estimated to take on average one half hour of clerical time per notice sent and an additional five minutes for each shipment checked where no notice is sent, for a total of 45 minutes per notice sent, on average. The previous ICR renewal had estimated that 8,600 section 12( b) notices would be received by the Agency in 1986. The Agency actually received about 10,000 notices in 1987. Based on that past experience, an estimated 11,000 notices will be sent. Total time will be 8,250 hours ( 11,000 notices x 3/ 4 hour each).

TABLE 1: ANNUAL AVERAGE BURDEN PER RESPONDENT FACILITY BURDEN HOURS ACTIVITY TECHNICAL CLERICAL TOTAL Compile list 5.14  5.14 Write letter 1  1.00 Check order and send notice  23.57 23.57 Total 6.14 23.57 29.71  8  TABLE 2: ANNUAL AGGREGATE BURDEN BURDEN HOURS ACTIVITY TECHNICAL CLERICAL TOTAL Compile list 1,800  1,800 Write letter 350  350 Check order and send notice  8,250 8,250 Total 2,150 8,250 10,400 Average burden hours per notice 0.195 0.75 .945 It is estimated that the annual number of notices to be submitted for 1999 to 2001 will be 11,000. Estimating that the number of respondents will be 350 ( a 75% increase over 1995), the average number of notices submitted per respondent will be 31.43 6( b) Estimating the Respondent Cost The costs to respondents is based on the time needed to complete the tasks listed in section 3, the hourly cost of labor at appropriate levels ( labor rates), the number of facilities affected, and the number of reports generated. There are also costs for mailing. There are no specific capital or overhead costs associated directly with this information collection activity.

Labor rates, including fringe costs, are $ 86.86 for management time, $ 64.30 for technical time, and $ 25.63 for clerical time, based on current labor market estimates produced in this office.

Companies will also incur a cost of $ 7.58 per export notice to send the letter to EPA via registered mail ($ 6.00 for registered mail, $ 1.25 for a return receipt, and $ 0.33 postage). Aggregate annual costs for mailing will be $ 83,380 ($ 7.58 x 11,000).  9  TABLE 3: ANNUAL COST PER RESPONDENT FACILITY ANNUAL COST ACTIVITY TECHNICAL $ 64.30/ hr CLERICAL $ 25.63/ hr TOTAL Compile list $ 331 $ 331 Write letter $ 64 $ 64 Check order and send notice $ 604 $ 604 Mailing cost $ 238 $ 238 Total $ 633 $ 604 $ 1,237 TABLE 4: ANNUAL AGGREGATE RESPONDENT COST ANNUAL COST ACTIVITY TECHNICAL $ 64.30/ hr CLERICAL $ 25.63/ hr TOTAL PRESENT VALUE*

Compile list $ 115,740 $ 115,740 $ 324,998 Write letter $ 22,505 $ 22,505 $ 63,194 Check order and send notice $ 211,447 $ 211,447 $ 593,743 Mailing cost $ 83,380 $ 234,131 Total $ 138,245 $ 211,447 $ 433,072 $ 1,216,066 * Present value for 3 years at a 7% discount rate.

6( c) Federal Government Burden and Cost Agency unit costs are based on past section 12( b) analyses, including the previous ICR, and on recent contacts with the Environmental Assistance Division ( EAD) and with an EPA contractor's office. EPA's cost estimates are based on current experience with these activities. The Agency cost can be divided into three parts: receiving and processing incoming notices, preparing and mailing notifications to importing countries, and responding to requests for information and clarification from companies and importing countries. The allocation of burden hours and costs among these three parts is not exact, but the  10  analysis below is reasonably accurate in terms of the overall burden estimate and the approximate allocation of that burden among these tasks.

In the first task, notices are received from firms that intend to export a product covered by this rule, the forms are checked for completeness, and the submissions are logged into a document control system. In 1997 EPA received and processed approximately 10,000 submissions. Based on conversations with the workers responsible for this task, about ten submissions can be processed per hour. We project that an average of 11,000 submissions will be received per year over the period covered by this ICR, requiring approximately 1,100 hours of contractor support. This work is currently done by contractor staff with a fully loaded cost to EPA of approximately $ 20.00 per hour and thus is projected to cost $ 22,000 per year over the period of this ICR.

In the second task, workers prepare letters of notification that are subsequently reviewed and sent to importing countries. Not all notices submitted require that a notification be sent. Based on conversations with EPA and contractor employees, this work varies considerably depending on the circumstances of any particular chemical, but averages approximately 35 minutes per notification. The previous ICR estimated 2,266 notifications to importing countries per year but the recent experience has been approximately 1,700 per year. Assuming a 10% increase in these notifications, similar to the projected increase in submissions from companies, total notifications would project to 1,870 per year or a total of approximately 1,090 hours. This work is currently done by contractor staff with a fully loaded cost to EPA of approximately $ 20.00 per hour and thus is projected to cost $ 21,800 per year over the period of this ICR. The cost of mailing a notifications can vary from $ 2.00 to $ 12.00, depending on whether it is sent to an embassy in the US or to an overseas destination, and depending on whether the notice is registered. Based on current experience, mailing costs are estimated to average approximately $ 4.50 per notification, for a projected annual cost of $ 8,415.

The burden described above covers the routine tasks of handing both incoming notices and outgoing notifications. The totals above also include a certain amount of time spent responding to routine requests for information, since data are not available to separate this from the other tasks. Based on conversations with EAD staff, the work of responding to non routine requests for information and clarification from industry and importing countries, assisting the contractor staff in handling non routine issues, and handling other tasks associated with the section 12( b) program can be expected to require about 20% of the time of a GS 13 EPA employee, or roughly 400 hours per year. Following the 1998 federal employee wage scale, and assuming an additional 60% to cover fringe benefits etc., that represents an annual cost of approximately $ 20,000.  11  TABLE 5: ESTIMATED COSTS FOR THE FEDERAL GOVERNMENT ACTIVITY ANNUAL COST PRESENT VALUE *

Processing of notices from companies $ 22,000 $ 64,096 Processing of notifications to importing countries $ 21,800 $ 63,513 EPA staff time, responding to information requests, etc. $ 20,000 $ 58,269 Mailing cost of notifications $ 8,415 $ 24,517 Total $ 72,215 $ 210,396 * Present value calculated for 3 years at a 3% discount rate.

6( d) Reasons for Change in Burden This analysis shows about a 50% increase in the number of notices sent to EPA, a 75% increase in the number of firms sending notices, and about a 30% increase in labor wage rates in comparison to the estimates for the previous ICR renewal. In response to comments and based on interviews with several firms, the Agency has increased the estimated burden hours allocated to compiling a list of products containing section 12( b) regulated chemicals, from an average of one hour per firm per year to an average of slightly over five hours per firm per year. The Agency has also added an average of about 8 burden hours per firm per year for checking shipments that do not ultimately result in 12( b) notices, an aspect of burden that had not been included in the previous ICR renewal. These factors in combination result in about a 175% increase in projected burden hours ( from 3,800 to 10,400 hours annually) and a 287% increase in estimated burden cost to responding firms ( from $ 112,000 to $ 433,000 annually). The change in the number of notices received and the number of companies submitting notices is based on data and EPA's experience in collecting these data during the previous ICR period of April 1996 1998.

6( e) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0030, is estimated to be 0.945 hours per response. According to the Paperwork Reduction Act, " 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. For this collection it 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  12  instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information ; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appears above. In addition, the OMB control numbers for EPA's regulation, after initial display in the final rule, are listed in 40 CFR part 9.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Regulatory Information Division, U. S. Environmental Protection Agency ( Mail Code 2137), 401 M Street, S. W., Washington, D. C. 20460. Include the OMB control number in any correspondence, but do not submit the requested information to this address. The requested information should be submitted in accordance with the instructions accompanying the form, or as specified in the corresponding regulation. ATTACHMENT 1 Toxic Substances Control Act Section 12( b) ATTACHMENT 2 40 CFR 707, Subpart D