[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Rules and Regulations]
[Pages 85533-85535]
[FR Doc No: 2020-27543]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2020-0111]
RIN 2127-AM31

Federal Motor Vehicle Safety Standards; Side Impact Protection,
Ejection Mitigation; Technical Corrections

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Final rule; technical corrections.

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SUMMARY: This final rule corrects errors in Federal Motor Vehicle
Safety Standard (FMVSS) No. 214, ``Side impact protection,'' and in
FMVSS No. 226, ``Ejection mitigation.'' The error occurred in FMVSS No.
214 when an amendment to FMVSS No. 214 was transcribed into the Code of
Federal Regulations. The error to FMVSS No. 226 arose as a result of a
drafting error when NHTSA issued FMVSS No. 226. This final rule amends
the standards to reflect the intent of the Agency when it issued the
standards.

DATES: This rule is effective December 29, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Vincent Wu or Mr. James Myers,
NHTSA Office of Crashworthiness Standards, telephone<PHONE_NUMBER>.
Mailing address: 1200 New Jersey Avenue SE, West Building, Washington,
DC 20590.

SUPPLEMENTARY INFORMATION: This document corrects minor errors in FMVSS
No. 214, ``Side impact protection,'' and FMVSS No. 226, ``Ejection
mitigation.'' The first error resulted when the Federal Register
transcribed regulatory text for FMVSS No. 214. The second error
occurred when the Agency drafted the regulatory text for FMVSS No. 226
in establishing the standard.

FMVSS No. 214

    On September 11, 2007, NHTSA published a final rule that
incorporated a vehicle-to-pole test in FMVSS No. 214, ``Side impact
protection.'' \1\ In response to petitions for reconsideration of the
rule,\2\ NHTSA published a final rule on March 15, 2010 that, among
other matters, corrected unit conversion errors in S6.1.2 and S6.1.3 of
the standard.\3\ The March 15, 2010 final rule set forth the regulatory
text for S6.1.3, ``Peak crush resistance'' as follows: ``The peak crush
resistance shall not be less than two times the curb weight of the
vehicle or 31,138 N (7,000 lb), whichever is less.'' 75 FR at 12140,
col. 1 (emphasis added). Similar language was also included in the
revised S6.2.3, which stated, ``Peak crush resistance. The peak crush
resistance shall not be less than three and one half times the curb
weight of the vehicle or 53,378 N (12,000 lb), whichever is less.'' Id.
However, the phrase ``whichever is less'' was not included in S6.1.3 as
published in the Code of Federal Regulations, though the phrase was
included in S6.2.3 (49 CFR 571.214).
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    \1\ 72 FR 51908.
    \2\ March 15, 2010, 75 FR 12140. This was the second response to
petitions for reconsideration of the 2007 final rule.
    \3\ S6.1.2 and S6.1.3 relate to Standard No. 214's door crush
resistance requirements.
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    The door crush force requirements establish threshold protections
for occupants from injury-causing intrusion into the occupant space
that can occur during a side impact. The phrase ``whichever is less''
in S6.1.3 was meant to clarify which of the maximum door crush force
levels applies to vehicles, depending upon the vehicle's curb
weight.\4\ However, when the phrase was mistakenly eliminated, it
created ambiguity and potentially implied that S6.1.3 required higher
forces to be used than NHTSA had intended. Without the phrase, there is
potential for manufacturer confusion and the possibility that some may
certify to an overly stringent door crush force requirement than NHTSA
intended. NHTSA (and, we believe, industry as a whole) has applied
S6.1.3 with the understanding and effect that the ``whichever is less''
language was meant to be as it is in S6.2.3--see, e.g., NHTSA's test
procedure (TP) manual for FMVSS No. 214 issued by NHTSA's Office of
Vehicle Safety Compliance for testing vehicles to Standard No. 214. The
TP has always aligned with the correct original regulatory text.\5\
That said, the absence of the phrase reduces the clarity of S6.1.3 and
introduces an unintended ambiguity that NHTSA would like to correct.
This technical amendment corrects the error by adding ``whichever is
less'' back in S6.1.3.
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    \4\ Prior to the error, a vehicle with a curb weight less than
3,500 lb (``vehicle A'') could have met a force requirement of 2
times the vehicle curb weight, which would be a load of less than
7,000 lb. Similarly, prior to the error, a vehicle with a curb
weight greater than 3,500 lb (``vehicle B'') could have met a force
requirement of 7,000 lb. After the error, the option was removed, so
under S6.1.3, vehicle A was also subject to a test with a load of
7,000 lb, and vehicle B was also subject to a load of two times its
curb weight. NHTSA did not intend for the vehicles to have to be
certified to both a force requirement of two times the curb weight
and a 7,000 lb requirement.
    \5\ https://one.nhtsa.gov/DOT/NHTSA/Vehicle%20Safety/Test%20Procedures/Associated%20Files/TP-214-s05.pdf.
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FMVSS No. 226

    On January 19, 2011, NHTSA published a final rule establishing
FMVSS No. 226, ``Ejection mitigation.'' The final rule intended to
exclude from the applicability of the standard vehicles with no doors
or with doors that are designed to be easily attached or removed so the
vehicle can be operated without doors. In the notice of proposed
rulemaking (NPRM) preceding the final rule, the Agency requested
comment on whether ``[v]ehicles that have no doors, or exclusively have
doors that are designed to be easily attached or removed so that the
vehicle can be operated without doors'' were still being produced.\6\
NHTSA further explained that, ``Assuming the vehicles are being
manufactured, NHTSA proposes excluding the vehicles on practicability
grounds,'' and requested comment on the issue.\7\ Subsequently, in the
final rule, NHTSA proceeded to exclude the vehicles in the text of the
preamble. The Agency made its intent to exclude the vehicles in the
final rule clear, explaining in the preamble that: ``Comments were
requested but none were received on whether vehicles are still being
manufactured that have no doors, or exclusively have doors that are
designed to be easily attached or removed so that the vehicle can be
operated without doors. NHTSA

proposed excluding these vehicles on practicability grounds. This final
rule adopts the exclusion.'' \8\
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    \6\ 74 FR 63180, 63220; December 2, 2009.
    \7\ Id.
    \8\ 76 FR 3291.
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    However, notwithstanding the Agency's clear intent expressed by
that preamble text, NHTSA inadvertently did not include this exclusion
in the final rule's regulatory text, so it is not reflected in FMVSS
No. 226 as set forth in the CFR (49 CFR 571.226). The practical effect
of this error is likely inconsequential, because since the effective
date of FMVSS No. 226, NHTSA has applied the standard as excluding such
vehicles from FMVSS No. 226. Regardless, even if the practical effect
of the error is inconsequential, NHTSA would like to correct this
drafting error by adding the exclusion of the vehicles to S2,
``Application,'' of the standard.

Effective Date

    NHTSA is making the changes effective on publication in the Federal
Register. NHTSA is issuing these corrections in a final rule because
NHTSA finds that notice and comment are unnecessary. The amendment to
FMVSS No. 214 corrects an error that arose with publication of the
standard in the CFR. The correction to FMVSS No. 226 is made to correct
NHTSA's drafting error when the Agency issued the standard. The
correcting amendments simply make technical corrections to align the
regulatory text with NHTSA's expressed intent when the Agency issued
the standards concerning the performance standard in No. 214 and the
application of No. 226. The practical effect of these corrections is
inconsequential. For the above reasons, NHTSA finds good cause for
making this correcting amendment effective on publication in the
Federal Register.

Regulatory Notices and Analyses

Executive Orders 12866 and 13563 and DOT Rulemaking Procedures

    NHTSA has considered the impact of this final rule under Executive
Orders (E.O.) 12866 and 13563, as well as under the Department of
Transportation's administrative rulemaking procedures set forth in 49
CFR part 5, subpart B. This final rule makes technical corrections and
is not considered significant under these Executive orders. The rule
corrects the regulatory text to align it with the Agency's intent in
drafting the language at issue. There are no costs or benefits
associated with this technical correction because the Agency has been
operating as if the language changes included in this final rule have
been in effect since the publication of the earlier final rules.

Executive Order 13771 (Regulatory Reform)

    As this final rule is nonsignificant, it is not subject to the
offset requirements of E.O. 13771.

National Environmental Policy Act

    This final rule correcting the standards at issue will not have an
adverse impact on the quality of the human environment.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act (SBREFA) of 1996, I certify that this final rule will not have a
significant impact on a substantial number of small entities. This rule
simply makes technical corrections and is not expected to have an
impact on any entities.

Executive Orders 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to E.O. 13132 (64 FR
43255, August 10, 1999) and concluded that no additional consultation
with States, local governments or their representatives is mandated
beyond the rulemaking process. This final rule simply makes technical
corrections and does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The rule will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.

Executive Order 12988 (Civil Justice Reform)

    When promulgating a regulation, E.O. 12988, ``Civil Justice
Reform'' (61 FR 4729; February 7, 1996), specifically requires that the
Agency must make every reasonable effort to ensure that the regulation,
as appropriate: (1) Specifies in clear language the preemptive effect;
(2) specifies in clear language the effect on existing Federal law or
regulation, including all provisions repealed, circumscribed,
displaced, impaired, or modified; (3) provides a clear legal standard
for affected conduct rather than a general standard, while promoting
simplification and burden reduction; (4) specifies in clear language
the retroactive effect; (5) specifies whether administrative
proceedings are to be required before parties may file suit in court;
(6) explicitly or implicitly defines key terms; and (7) addresses other
important issues affecting clarity and general draftsmanship of
regulations.
    Pursuant to this order, NHTSA notes as follows. The preemptive
effect of this final rule is discussed above in connection with E.O.
13132. This rule simply makes technical corrections and does not have
any retroactive effect. There is no requirement that individuals submit
a petition for reconsideration or pursue other administrative
proceedings before they may file suit in court.

Executive Order 13609: Promoting International Regulatory Cooperation

    This final rule simply makes technical corrections and will have no
effect on international regulatory cooperation.

National Technology Transfer and Advancement Act

    This final rule simply makes technical corrections. There are no
voluntary consensus standards that apply to this final rule.

Unfunded Mandates Reform Act

    This final rule only makes technical corrections and is not subject
to the Unfunded Mandates Reform Act of 1995. There are no costs
associated with this rule.

Paperwork Reduction Act

    There are no Paperwork Reduction Act requirements associated with
this technical correction.

Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an organization, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/privacy.html.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.

    Accordingly, 49 CFR part 571 is amended by making the following
correcting amendments:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 of title 49 continues to read as
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.

0
2. Section 571.214 is amended by revising S6.1.3 to read as follows:

Sec.  571.214   Standard No. 214; Side impact protection.

* * * * *
    S6.1.3 Peak crush resistance. The peak crush resistance shall not
be less than two times the curb weight of the vehicle or 31,138 N
(7,000 lb), whichever is less.
* * * * *

0
2. Section 571.226 is amended by revising S2 to read as follows:

Sec.  571.226   Standard No. 226; Ejection mitigation.

* * * * *
    S2. Application. This standard applies to passenger cars, and to
multipurpose passenger vehicles, trucks and buses with a gross vehicle
weight rating of 4,536 kg or less, except walk-in vans, modified roof
vehicles, convertibles, and vehicles with no doors or with doors that
are designed to be easily attached or removed so the vehicle can be
operated without doors. Also excluded from this standard are law
enforcement vehicles, correctional institution vehicles, taxis and
limousines, if they have a fixed security partition separating the 1st
and 2nd or 2nd and 3rd rows and if they are produced by more than one
manufacturer or are altered (within the meaning of 49 CFR 567.7).
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR
1.95.
James C. Owens,
Deputy Administrator.
[FR Doc. 2020-27543 Filed 12-28-20; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Notices]
[Pages 45101-45102]
[FR Doc No: 2022-16115]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4334-017]

EONY Generation Limited; Notice of Application Ready for
Environmental Analysis and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

    Take notice that the following license application has been filed
with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: P-4334-017.
    c. Date filed: January 28, 2021.
    d. Applicant: EONY Generation Limited (EONY).
    e. Name of Project: Philadelphia Hydroelectric Project.
    f. Location: On the Indian River, in the Village of Philadelphia in
Jefferson County, New York. The project does not occupy any federal
land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Franz Kropp, Director, Generation, EONY, 7659
Lyonsdale Road, Lyons Falls, NY 13368;<PHONE_NUMBER>, ext. 7498.
Murray Hall, Manager, Generation, EONY, 7659 Lyonsdale Road, Lyons
Falls, NY 13368;<PHONE_NUMBER>.
    i. FERC Contact: Emily Carter at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments, recommendations, terms and

conditions, and prescriptions using the Commission's eFiling system at
https://ferconline.ferc.gov/FERC.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/Quick.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Philadelphia Hydroelectric Project (P-
4334-017).
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted and is ready for
environmental analysis at this time.
    l. Project Description: The existing Philadelphia Hydroelectric
Project consists of: (1) a 65-acre reservoir at a normal maximum water
surface elevation of 475.4 feet; \1\ (2) two concrete dams joined by an
island and designated as the east diversion dam, which is 60 feet long
and 2 to 3 feet high with a crest elevation of 474.4 feet, and topped
with 1.2-foot-high flashboards, and the west diversion dam, which has
two sections totaling approximately 30 feet long and 10.4 feet high
with a crest elevation of 475.4 feet; (3) a 45-foot-long non-overflow
section that includes a reinforced concrete intake structure; (4) a
377-foot-long, 9.5-foot-diameter concrete penstock; (5) a 54.5-foot-
long by 30-foot-wide reinforced concrete powerhouse; (6) one 3.645-
megawatt horizontal Kaplan-type turbine-generator unit; (7) trashracks
with 2.5-inch clear spacing; (8) a 4,160-volt, approximately 50-foot-
long buried transmission line; (9) a switchyard; and (10) appurtenant
facilities. The average annual generation was 10,092,492 kilowatt-hours
for the period from 2016 to 2020.
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    \1\ All elevations are in National Geodetic Vertical Datum of
1929.
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    EONY currently operates the project in run-of-river mode and
discharges a minimum flow of 20 cubic feet per second (cfs) into the
project's 1,250-foot-long bypassed reach to project aquatic resources.
    As part of the license application, EONY filed a settlement
agreement on behalf of itself, the U.S. Fish and Wildlife Service, and
the New York State Department of Environmental Conservation. As part of
the settlement agreement, EONY proposes to: (1) continue to operate the
project in a run-of-river mode; (2) provide a minimum flow in the
bypassed reach of 28 cfs; \2\ (3) install seasonal trashracks with 1-
inch spacing; (4) implement a Trashrack Operations and Maintenance
Plan, a Bat and Eagle Protection Plan, an Invasive Species Management
Plan, and an Impoundment Drawdown and Cofferdam Plan; and (5) implement
several improvements to an existing fishing platform to make it
accessible to persons with disabilities, including the addition of an
accessible parking space, an associated access aisle and access route
from the accessible parking space to the fishing platform, and
modifications to the railing surrounding the fishing platform.
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    \2\ EONY determined that the proposed 28-cfs minimum flow would
not result in incremental losses of generation compared to the
current condition because the field measurement of the existing
minimum flow was approximately 28 cfs, which accounted for
flashboard leakage and was most likely present during the term of
the existing license.
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    m. A copy of the application can be viewed on the Commission's
website at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support.
    All filings must (1) bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. The applicant must file no later than 60 days following the date
of issuance of this notice: (1) a copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.
    o. Procedural schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.

Deadline for Filing Comments, Recommendations, and Agency Terms and
Conditions/Prescriptions--September 19, 2022.
Licensee's Reply to REA Comments--November 3, 2022

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.

    Dated: July 21, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16115 Filed 7-26-22; 8:45 am]
BILLING CODE 6717-01-P


            Supporting Statement for a Request for OMB Review under
                          The Paperwork Reduction Act

1	IDENTIFICATION OF THE INFORMATION COLLECTION

      1(a)	Title of the Information Collection:

      EPA's Safer Choice Partner of the Year Awards Program

      ICR Numbers:   EPA ICR No. 2450.02	OMB Control No.:   2070-0184

      1(b)	Short Characterization / Abstract

      This information collection request (ICR) renewal addresses the submission of applications to EPA's Safer Choice Program for recognition under the Partner of the Year (PY) Awards Program.  Note that the original ICR (OMB Control No 2070-0184) referred to the Design for the Environment (DfE) PY Awards Program.  The DfE Program changed its name to the Safer Choice Program in March 2015.  This ICR renewal reflects the program's new name.  The intent and purpose of the PY Awards Program remains unchanged.

      The goal of the PY Awards Program is to recognize Safer Choice stakeholders who have furthered Safer Choice's safer chemistry goals through their active and exemplary participation in and promotion of the Program.  Making Safer Choice's mission known to the widest possible audience, through its safer product label and in other forms of communication, is critical to fully realizing the program's goals of protecting human health and the environment, promoting a sustainable economy, and creating green jobs, especially in the small business sector.  EPA hosted its inaugural PY Awards in June 2015 and recognized 21 organizations in five categories.  Furthermore, Executive Order 13693, issued February 19, 2015, recognizes the Safer Choice program as one of the ways to promote Federal sustainability.

      The PY Awards will be an annual event, with recognition for Safer Choice stakeholder organizations from five broad categories:  (1) Formulators/Product Manufacturers (of both consumer and Institutional/Industrial (I/I) products), (2) Purchasers and Distributors, (3) Retailers, (4) Supporters (e.g., non-governmental organizations, including environmental and health advocates, trade associations, academia, sports teams, and others), and (5) Innovators (e.g., chemical manufacturers, technology developers, and others).  Within these categories and based on the criteria, Safer Choice may elect to give an additional award in the subcategories of "small business" and "sustained excellence."

      Candidates will complete an application that describes the actions taken to qualify for recognition and have it signed by a company or organization authority (e.g., CEO, vice president for governmental affairs, division head, or other authorized signatory).

2.	NEED FOR AND USE OF THE COLLECTION

	2(a)	Need/Authority for the Collection

      Authority for PY derives from section 6604 of the Pollution Prevention Act (PPA) (42 U.S.C. 13103; see Attachment A).  Section 6604(b)(5) of the PPA directs EPA to facilitate the adoption of source-reduction techniques by businesses.  Also, section 6604(b)(13) directs EPA to establish an annual awards program to recognize a company or companies that operate outstanding or innovative source reduction programs.  EPA developed PY in recognition of these directives and through consultation with a broad range of stakeholders.

      The information collection activities for PY will assist the Agency in meeting the goals of the PPA by providing recognition for organizations committed to promoting and using safer chemicals.  In turn, PY will help organizations meet their sustainability goals by providing the means to, and an objective measure of, environmental stewardship. Investment analysts and advisers often seek these types of measures in evaluating a corporation's sustainability profile and investment worthiness.  PY is also an incentive for promoting the greater use of safer chemicals by organizations EPA has carefully tailored its request for information, especially the PY Application Form, to ensure that it only asks for information essential to verifying an applicant's eligibility for award or recognition.

	2(b)	Practical Utility/Users of the Data

      The information collected by the PY Awards Program is not designed or intended to support regulatory decision-making by EPA.  EPA uses the information collected in the PY Application Form to: (1) identify the candidate's commitment to promoting and using safer chemicals; (2) verify the candidate's involvement in promoting and using safer chemicals; and (3) determine the candidate's eligibility for PY award or recognition.

3.     NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a)	Non-Duplication

      Respondents will not be asked to provide information that has been or is currently being collected by EPA, other federal or state agencies, or proprietary sources.  The information collected by the PY Awards Program is unique and is not duplicative of previous information collection requests.  EPA also checked with potential respondents (e.g., trade associations) to confirm that the information being collected by the PY Awards Program does not exist elsewhere.

	3(b)	Public Notice Required Prior to ICR Submission to OMB

      Prior to submission to OMB, this ICR will be made available to the public for comment through a Federal Register notice. The public will have 60 days to provide comments. Any comments received will be given consideration when completing the supporting statement that is submitted to OMB.

	3(c)	Consultations

      Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an original or renewal ICR to OMB for review and approval. In accordance with this regulation, EPA will pursue additional consultations with interested parties during the development of the renewal of this collection.

	3(d)	Effects of Less Frequent Collection

      The PY Application Form is designed to be an annual information submission for organizations that wish to apply for recognition.  Without this information, EPA will not be able to effectively determine and formally recognize the extent to which organizations are engaged in activities to promote the use of Safer Choice-labeled products and actions to advance the program.

	3(e)	General Guidelines

      The information collection activities discussed in this ICR comply with all regulatory guidelines under 5 CFR 1320.5(d)(2).

	3(f)	Confidentiality

      No information collected by EPA under PY comprises confidential business information as defined by EPA's confidentiality regulations (40 CFR 2.201 et seq.).

	3(g)	Sensitive Questions

      The information collection activities discussed in this document do not involve any sensitive questions involving sexuality, religious beliefs, political affiliation, or other matters considered private, as described in the document "The Paperwork Reduction Act of 1995:  Implementing Guidance for OMB Review of Agency Information Collection," from June 2, 1999.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a)	Respondents and NAICS Codes

      Under the PY awards program, EPA seeks applicants from establishments engaged in the production, use, and/or advancement of safer chemicals and who have furthered the goals of Safer Choice through their active and exemplary participation in and promotion of the program.

      Below is a list of North American Industry Classification System (NAICS) codes and associated industries that may be affected by information collection requirements covered under this ICR.  This list is intended to be illustrative; entities from other industries may elect to apply for recognition for PY awards.  However, EPA expects that most applications will come from the following industries:

NAICS Code
  Affected Industry
325510
  Paint and Coating Manufacturing
325611
  Soap and Other Detergent Manufacturing
325612
  Polish and Other Sanitation Good Manufacturing
325910
  Printing Ink Manufacturing
325992
  Photographic Film, Paper, Plate, and Chemical Manufacturing
325998
  All Other Miscellaneous Chemical Product and Preparation Manufacturing
561210
  Facilities Support Services
561720
  Janitorial Services
561740
  Carpet and Upholstery Cleaning Services
611310
  Colleges, Universities, and Professional Schools
8123
  Drycleaning and Laundry Services
921190                Other General Government Support

	4(b)	Information Requested

      Once a prospective organization reviews the PY materials and decides to apply, it should submit a PY Application Form (EPA Form 9600-04; see Attachment B for complete form). All forms will be available in hard copy and electronic format.  Participants can use the hard copy forms they receive from EPA by mail or download PDF versions of the forms from the Safer Choice website at http://www2.epa.gov/saferchoice.

(i)             Data items:

      The reporting items include:

   # Organization name and website URL;
   # Name, title, address, phone number, fax number, and e-mail address of the candidate's primary contact person;
   # Recognition category (or categories) for which the candidate is applying;
   # Indication of whether the organization is a small business;
   # Indication of whether the organization should be considered for sustained excellence;
   # Descriptions of activities taken to qualify for recognition;
   # Signature, name, and title of senior company or organization authority (e.g., CEO, vice president for governmental affairs, division head, or other authorized signatory).

      a.                Respondent activities:

      Candidates will conduct the following activities in order to complete and submit the PY Application Form:

   # Review the PY information;
   # Decide whether to apply for recognition, and in what recognition category or categories;
   # Select a primary contact person for the program;
   # Complete the PY Application Form, including obtaining the signature of a company or organization authority (e.g., CEO, vice president for governmental affairs, division head, or other authorized signatory);
   # Describe how their organization meets the evaluation criteria for the relevant recognition;
   # Fax, e-mail, or mail the form to EPA;
   # Provide relevant documentation to EPA upon request.

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

	5(a)	Agency Activities

      EPA engages in the following activities related to the PY Application Form:

   # Distribute the PY Application Form to potential participants, and maintain a downloadable PDF version on the Safer Choice website;
   # Answer questions posed by potential applicants regarding PY recognition;
   # Receive the completed forms, review for completeness and place any necessary follow-up calls;
   # Screen applicants to determine their history of civil or criminal EPA enforcement actions; and
   # Approve candidates for PY recognition based on evaluation criteria (see Attachment B, Section 2) and notify both successful and unsuccessful applicants of the decisions.

	5(b)	Collection Methodology and Management

      Respondents will be able to obtain the PY Application Form in hard copy from EPA or by downloading it from the Safer Choice website.  The completed forms can be faxed, e-mailed, or mailed to EPA.

      In collecting and analyzing the information associated with this ICR, EPA will use a telephone system, personal computers, and applicable database software.  EPA will ensure the accuracy and completeness of collected information by reserving the right to request relevant documentation at any time to confirm that candidates have achieved the criteria for recognition.  Based on its experience with the Safer Detergents Stewardship Initiative (SDSI) Awards Program in 2008 and the inaugural PY Awards Program in 2015, EPA anticipates needing to exercise this right for no more than one candidate per participant category and has incorporated the associated burden into section 6 below.

	5(c)	Small Entity Flexibility

      EPA expects that a small number of participants in the PY Awards Program will be small entities. EPA has designed its application form to minimize respondent burden while obtaining sufficient and accurate information.  In addition, given the voluntary nature of the collection, EPA expects that respondents will participate only if the benefits of participation outweigh the information collection burden.

	5(d)	Collection Schedule

      Organizations may submit an application for this annual awards program each of the three years covered by this ICR.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      The data collection mechanism for the PY awards is the PY Application Form.  In an effort to minimize burden and cost, the PY Application Form was designed to contain straightforward questions. In addition, one application package will serve all types of participants.  The expected participant categories for PY are as follows:
       (1) Formulators/Product Manufacturers (of both consumer and Institutional/Industrial (I/I) products),
      (2) Purchasers and Distributors,
      (3) Retailers,
      (4) Supporters (e.g., non-governmental organizations, including environmental and health advocates, trade associations, academia, sports teams, and others) and
      (5) Innovators (e.g., chemical manufacturers, technology developers, and others).

      Within these participant categories, it is expected that participants will be private sector institutions.  Within the participant category Purchasers and Distributors, about five local or state governments are likely to participate, with the remaining participants being private sector institutions.

	6(a)	Estimating Respondent Burden

      The average respondent burden is estimated to be 15 hours for all participant types.  EPA used professional judgment to arrive at a burden estimate, as well as its experience with administering the PY Awards Program in 2015.  Burden hours for the PY application package are for reporting purposes only.

      EPA expects that for a typical entity, program and application review will take about one hour (technical staff).  Obtaining approval, which is likely to involve verifying assumptions with staff and ensuring support from multiple levels of management, will take about three hours (1 managerial, 1 technical, 1 clerical).  Completing the application form will take about 11 hours (10 technical, 1 clerical).  Included in the application form estimate of 11 hours is the potential applicant burden that would be incurred if EPA finds it necessary to verify the accuracy and/or completeness of information in an application.  For purposes of the burden estimate, EPA assumes that it will need to verify information from one organization in each participant category.

      6(b)	Estimating Respondent Costs

      EPA estimates an average loaded hourly labor rate (base hourly rate plus fringe and overhead) of $68.36 for managerial staff, $65.41 for technical staff, and $28.22 for clerical staff.  These three labor rate estimates are based upon manufacturing industry wage data from Employer Costs for Employee Compensation Supplementary Tables March 2015 (Supplementary Table 2).  In addition, the hourly labor rates have been rounded, to the nearest cent, for the purposes of this ICR.  The derivation of labor rates for managerial, technical, and clerical staff are shown in Exhibit 6.1.

Exhibit 6.1.  Derivation of Total Compensation

                              Total compensation
                              Wages and Salaries
                                 Benefit costs

                                     Total
                                  Paid leave
                               Supplemental pay
                                   Insurance
                            Retirement and Savings
                           Legally Required Benefits

                                  Managerial
                                    $68.36
                                    $44.86
                                    $23.50
                                     $6.18
                                     $2.74
                                     $5.24
                                     $4.98
                                     $4.35
                                   Technical
                                    $65.41
                                    $42.40
                                    $23.00
                                     $5.76
                                     $2.77
                                     $5.16
                                     $5.07
                                     $4.23
                                   Clerical
                                    $28.22
                                    $18.75
                                     $9.47
                                     $1.96
                                     $0.83
                                     $3.48
                                     $1.05
                                     $2.15

      Exhibit 6.2 presents the estimated burden hours and costs for all respondents during each of the three years covered under this ICR assuming 15 hours for all participant categories.  No capital or operations and management costs are incurred by respondents under this ICR, with the possible exception of postage and photocopy costs.
Exhibit 6.2.  Estimated Annual Burden and Costs to Respondents
                            Type of Affected Public
                              Collection activity
                           Estimated # of applicants
                        Estimated response time (hours)
                             Total burden (hours)
                              Hourly labor cost*
                                  Total cost

                                     Mgr.
                                     Tech.
                                     Cler.
                                     Mgr.
                                     Tech.
                                     Cler.
                                     Total
                                     Mgr.
                                     Tech.
                                     Cler.

                                Private Sector
                       Formulators/Product Manufacturers
                                      22

Review application and program information

                                       0
                                       1
                                       0
                                       0
                                      22
                                       0
                                      22
                                     68.36
                                     65.41
                                     28.22
                                                                         $1,439

Obtain senior approval

                                       1
                                       1
                                       1
                                      22
                                      22
                                      22
                                      66
                                     68.36
                                     65.41
                                     28.22
                                                                         $3,564

Complete and submit package

                                       0
                                      10
                                       1
                                       0
                                      220
                                      22
                                      242
                                     68.36
                                     65.41
                                     28.22
                                                                        $15,011

                                   Subtotal
                                      22
                                       1
                                      12
                                       2
                                      22
                                      264
                                      46
                                      330
                                      --
                                      --
                                      --
                                                                        $20,014

                                  Innovators
                                       9

Review application and program information

                                       0
                                       1
                                       0
                                       0
                                       9
                                       0
                                       9
                                     68.36
                                     65.41
                                     28.22
                                                                           $589

Obtain senior approval

                                       1
                                       1
                                       1
                                       9
                                       9
                                       9
                                      27
                                     68.36
                                     65.41
                                     28.22
                                                                         $1,458

Complete and submit package[1]

                                       0
                                      10
                                       1
                                       0
                                      90
                                       9
                                      99
                                     68.36
                                     65.41
                                     28.22
                                                                         $6,141

                                   Subtotal
                                       9
                                       1
                                      12
                                       2
                                       9
                                      108
                                      18
                                      135
                                      --
                                      --
                                      --
                                                                         $8,187

                                   Retailers
                                       5

Review application and program information

                                       0
                                       1
                                       0
                                       0
                                       5
                                       0
                                       5
                                     68.36
                                     65.41
                                     28.22
                                                                           $327

Obtain senior approval

                                       1
                                       1
                                       1
                                       5
                                       5
                                       5
                                      15
                                     68.36
                                     65.41
                                     28.22
                                                                           $810

Complete and submit package

                                       0
                                      10
                                       1
                                       0
                                      50
                                       5
                                      55
                                     68.36
                                     65.41
                                     28.22
                                                                         $3,412

                                   Subtotal
                                       5
                                       1
                                      12
                                       2
                                       5
                                      60
                                      10
                                      75
                                      --
                                      --
                                      --
                                                                         $4,549

                                  Supporters
                                       9

Review application and program information

                                       0
                                       1
                                       0
                                       0
                                       9
                                       0
                                       9
                                     68.36
                                     65.41
                                     28.22
                                                                           $589

Obtain senior approval

                                       1
                                       1
                                       1
                                       9
                                       9
                                       9
                                      27
                                     68.36
                                     65.41
                                     28.22
                                                                         $1,458

Complete and submit package

                                       0
                                      10
                                       1
                                       0
                                      90
                                       9
                                      99
                                     68.36
                                     65.41
                                     28.22
                                                                         $6,141

                                   Subtotal
                                       9
                                       1
                                      12
                                       2
                                       9
                                      108
                                      18
                                      135
                                      --
                                      --
                                      --
                                                                         $8,187
                  Private Sector and Local/State  Governments
Purchasers and Distributors
                                       5

Review application and program information

                                       0
                                       1
                                       0
                                       0
                                       5
                                       0
                                       5
                                     68.36
                                     65.41
                                     28.22
                                                                           $327

Obtain senior approval

                                       1
                                       1
                                       1
                                       5
                                       5
                                       5
                                      15
                                     68.36
                                     65.41
                                     28.22
                                                                           $810

Complete and submit package

                                       0
                                      10
                                       1
                                       0
                                      50
                                       5
                                      55
                                     68.36
                                     65.41
                                     28.22
                                                                         $3,412

                                   Subtotal
                                       5
                                       1
                                      12
                                       2
                                       5
                                      60
                                      10
                                      75
                                      --
                                      --
                                      --
                                                                         $4,549

                                     Total
                                      50

                                      750

                                                                        $45,486

      6(c)	Estimating Agency Burden and Costs

      Exhibit 6.3 presents the total compensation for Agency employees, and Exhibit 6.4 the estimated Agency burden hours and costs associated with the information collection activities under this ICR.  Other direct costs (copying, printing, telephone, and mailing expenses) are also included.  EPA based its burden estimates on its experience managing SDSI and other voluntary programs.

      Agency labor costs are calculated based on hourly basic rates for federal employees in the Washington-Baltimore area published by the Office of Personnel Management for 2015, effective January 2015.  The average hourly labor rate for managerial staff is estimated as the rate for a GS-13 Step 5 employee and for technical staff as a GS-10 Step 10 employee.  It is assumed that clerical staff will not be used.  These GS-level assumptions are consistent with those used in past EPA OPPT ICRs.  The hourly labor rates were multiplied by an assumed loading factor of 1.6 to reflect Federal fringe benefits and overhead.  This loading factor is from an EPA guide, Instructions for Preparing Information Collection Requests (ICRs) (OPPE, 1992, page 30, footnote 9).

Exhibit 6.3.  Total compensation for Agency Employees

                           Agency Employee Function
                                2015 pay grade
                                    Hourly
                                  labor rate*
                                  Hourly rate
                             (hourly labor rate *
                            loading factor of 1.6)
                                  Managerial
                                 GS-13 Step 5
                                    $49.32
                                    $78.91
                                   Technical
                                 GS-10 Step 10
                                    $36.13
                                    $57.81

       *Taken from https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2015/DCB_h.pdf

Exhibit 6.4.  Estimated Annual Agency Burden and Costs

                                  Activities
                           Hours per Labor Category
                              Labor Cost per Hour
                            Total Cost per Activity
                             Total Hours and Cost
                              PY application form
                                EPA managerial
                                 EPA technical
                                EPA managerial
                                 EPA technical
                                EPA managerial
                                 EPA technical
                           Total Hours per Activity
                            Total Cost per Activity
                               Distribute forms
                                       7
                                      23
                                    $78.91
                                    $57.81
                                     $552
                                    $1,330
                                      30
                                                                         $1,882
                               Answer questions
                                       7
                                      23
                                    $78.91
                                    $57.81
                                     $552
                                    $1,330
                                      30
                                                                         $1,882
                             Record / enter forms
                                      10
                                      30
                                    $78.91
                                    $57.81
                                     $789
                                    $1,734
                                      40
                                                                         $2,523
                   Verify information; Make awards selection
                                      12
                                      38
                                    $78.91
                                    $57.81
                                     $947
                                    $2,197
                                      50
                                                                         $3,144
                         Notify applicants of decision
                                       3
                                       9
                                    $78.91
                                    $57.81
                                     $237
                                     $520
                                      12
                                                                           $757

      6(d)	Estimating the Respondent Universe and Total Burden and Costs

      EPA estimates that 50 applications will be submitted each year over the three-year life of the clearance.  This estimate is based on the 2015 PY Awards cycle, which had 35 applications.  EPA expects a higher number of applications in subsequent years as more companies partner with the Safer Choice Program.  Furthermore, due to the nature of the PY awards and the demographic of interested parties, EPA estimates that about nearly half of participating companies will be product formulators/manufacturers.  The total annual burden hours and cost associated with this information collection are 750 hours and $45,486, respectively.

	6(e)	Bottom Line Burden Hours and Cost Tables

      a.	Respondent Tally

      Exhibit 6.5 below summarizes the total annual estimated respondent burden and cost.  These estimates represent the average burden in any given year over the three years covered by this ICR.

Exhibit 6.5.  Total Annual Estimated Respondent Burden and Cost Summary

                            Total # of Respondents
                                 Burden Hours
                           Capital and O&M Cost
                               Annual Labor Cost
                                      50
                                      750
                                      $0
                                    $45,486

      b.	Agency Tally

      Exhibit 6.6 below summarizes the total annual estimated agency burden and cost.  These estimates represent the average burden in any given year over the three years covered by this ICR.

Exhibit 6.6.  Total Annual Estimated Agency Burden and Cost Summary

                                 Burden Hours
                               Annual Labor Cost
                                      162
                                    $10,188

	6(f)	Reasons for Change in Burden

       There is no change in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB.

	6(g)	Burden Statement

      The annual public burden for this collection of information is estimated at 15 hours per response, including time for reviewing instructions, gathering information, and completing and reviewing the application.  Burden is defined in 5 CFR 1320.3(b).  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.  The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

	The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2014-0736, which is available for online viewing at www.regulations.gov, or in person viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC.  The EPA/DC 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 EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number for the Pollution Prevention and Toxics Docket is<PHONE_NUMBER>.

	You may submit comments regarding 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. Submit your comments, referencing Docket ID No. EPA-HQ-OPPT-2014-0736 and OMB Control No. 2070-0184, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.   ATTACHMENTS TO THE SUPPORTING STATEMENT

      Attachments to the supporting statement are available in the public docket established for this ICR under Docket ID No. EPA-HQ-OPPT-2014-0736.  These attachments are available for online viewing at www.regulations.gov or otherwise accessed as described in section 6(g) of the supporting statement.

Attachment A:	42 USC 13103 - Pollution Prevention Act Section 6604. An
			authenticated electronic version is available online at the Government
			Printing Office's Federal Digital System (FDsys) website.

Attachment B:	Safer Choice Partner of the Year Application Form
            (EPA Form 9600-04)