	Draft Supporting Statement
	for
	Information Collection Request

	Reporting and Recordkeeping Requirements for

	Importation of Nonroad Engines and Recreational Vehicles

	EPA ICR 1723.07

	OMB Control Number: 2060-0320

	September 2014

	Compliance Division
	Office of Transportation and Air Quality
	Office of Air and Radiation
	U.S. Environmental Protection Agency

1.    IDENTIFICATION OF THE INFORMATION COLLECTION

(a)  TITLE OF THE INFORMATION COLLECTION
Reporting and Recordkeeping Requirements for Importation of Nonroad Engines and Recreational Vehicles (Renewal), OMB #2060-0320, ICR #1723.07.

(b)  SHORT CHARACTERIZATION (ABSTRACT)

 The Clean Air Act requires that motor vehicles and motor vehicle engines imported into the U.S. conform with applicable emission requirements.  The Clean Air Act Amendments of 1990 extended these requirements to nonroad engines. This Information Collection Request (ICR) includes the importation of outboard spark ignition (SI) marine engines; personal watercraft SI marine engines; non-propulsion compression ignition (CI) engines used in marine applications; small nonroad SI engines (less than 25 horsepower), used, for example, in some lawn and garden equipment; and other nonroad CI engines such as construction equipment and farm tractors. Finally, this ICR was broadened to include the importation of other recently regulated categories of engines that will, like the above, all be listed on the same importation form, EPA Form 3520-21: locomotives and locomotive engines; large (greater than 50 horsepower) marine CI engines; nonroad recreational vehicles such as snowmobiles, all-terrain vehicles (ATVs), and off-highway motorcycles; and large nonroad SI engines used in such things as forklifts and compressors.

The Compliance Division (CD) in the Office of Air and Radiation collects information and requires some recordkeeping to help ensure that nonconforming engines are brought into compliance with Federal emission requirements, unless eligible for exemption or exclusion.  Also, the information is used by the U.S. Customs and Border Protection (CBP), State regulatory agencies, businesses, and individuals to determine whether engines are in compliance.

Information collected includes identification of the importer, the entry date, the manufacturer, engine model and serial number, and an indication, by checking the appropriate boxes, of the regulatory category of engine and of the relevant regulatory provision under which it is being imported. The information is retained in document form.  The information is used to monitor compliance of imports with the law and regulations and to respond to inquiries from the public concerning the compliance status of specific imported engines.

a) EPA Form 3520-21.  This form is used by importers who are applying for entry of nonroad engines.  Form 3520-21 has been routinely used since ICR 1723.01 was approved in 1995.  As such, we don't find it necessary to include the expiration date on the front page of the form. The OMB control number, EPA form number, and Paperwork Reduction Act statement are appropriately displayed on the form.

b) EPA Form 3520-8.  This form is used by independent commercial importers (ICIs) to request final admission (as opposed to initial declaration, which is covered by EPA Form 3520-1 and OMB 2060-0095 for on-road imports) of a nonconforming engine that has been brought into compliance with Federal emission requirements. To date, nearly all such ICIs have been light-duty vehicle importers under 40 CFR Part 85, Subpart P. There have also been a few on-road motorcycle ICI imports. The above-named uses of Form 3520-8 are also covered by OMB 2060-0095 (ICR 0010). Regulations for ICI imports of nonroad CI engines are also set forth at 40 CFR Part 89, Subpart G and contemplate requests for final admission of these engines.  However, because this program is not yet active, only a placeholder burden is included here, so that this ICR covers all nonroad imports.

2.   NEED FOR AND USE OF THE COLLECTION

(a)  NEED/AUTHORITY FOR THE COLLECTION

Joint EPA and US Customs and Border Protection (CBP) regulations at 40 CFR 90.601 et seq. and 19 CFR 12.74 promulgated under the authority under the Clean Air Act (Sections 203, 208 and 213) give authority for the collection of information.  The collection of this information helps ensure the compliance of imported nonroad engines with Federal emissions requirements, which helps meet the Agency goal of reducing air pollution.  Without this information, EPA and CBP could not confirm that engines being imported conform to the emission requirements of the Act, and, consequently, would not be able to allow importation of these engines.

(b)  PRACTICAL UTILITY/USERS OF THE DATA

The Compliance Division receives the information either directly from the importers or indirectly from the importers through CBP.  The information is used by Agency enforcement personnel to verify that all nonroad vehicles and engines subject to Federal emission requirements have been declared upon entry or that the category of exclusion or exemption from emissions requirements has been identified in the declaration.  The information is also used to identify and prosecute violators of the regulations and to monitor the program in achieving the objectives of the regulations.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

(a)  NONDUPLICATION

Because the information collected is specific to identifying the appropriate regulated category and appropriate regulatory provisions for imported nonroad engines under the Clean Air Act, the information is highly specific to EPA and not likely amenable to combining with other programs or agencies. Note that the form is currently already shared between EPA and Customs.

(b)  PUBLIC NOTICE

EPA solicited public comment by means of a Federal Register Notice published on July 1, 2014, 79 Federal Register 37311.  The draft ICR was also placed in the docket.

(c)  CONSULTATIONS

The following representatives and manufacturers of imported nonroad engines were also consulted to further define the burden that will be involved in handling Form 3520-21.

Mark Perk
General Motors, Electromotive Division
2021 Oxford St.
London, Ontario N5V2Z7
Canada
519-459-5953

Bruce Bradley and Edward Meyer
Nissan Forklift Corp., North America
240 North Prospect Street
Marengo, Illinois 60152
815-568-0061	and<PHONE_NUMBER>

Ed Klim
International Snowmobile Manufacturers Association
1640 Haslett Rd., St. 170
Haslett, MI 48840
517-339-7788

(d)  EFFECTS OF LESS FREQUENT COLLECTION

Since reporting is done only at the time of entry, less frequent collection would seriously undermine the Agency's ability to determine whether engines being imported meet applicable emission requirements.  Consequently, the Agency would not be able to allow entry of engines being imported.  Therefore, less frequent collection is not feasible.  Note that one form per shipment may be used, provided attachments including all the information required to describe each engine is included.  In addition CBP is moving to accepting electronic submissions of these forms which will reduce burden.

(e)  GENERAL GUIDELINES

This ICR requires that in the event of nonroad CI ICI imports, the importer notify EPA when requesting final admission for vehicles (Form 3520-8); this might occasionally result in reporting more often than quarterly.  This requirement is necessary for EPA to inspect vehicles prior to release from the ICI.  If EPA required quarterly reports, either the ICI would have to hold engines and only release them on a quarterly basis or EPA would likely not have the opportunity to inspect engines imported by the ICI.

Additionally, EPA's regulations require that any such nonroad CI ICIs retain records for eight years from the date of final admission (40 CFR 86.607(a)).  For comparison, the Clean Air Act requires that light duty vehicles meet Federal emission standards throughout their useful lives, which is defined by the Clean Air Act to be 10 years or 100,000 miles. The imports regulations further specify that the useful life period starts from the date that the vehicle is delivered to the owner by the ICI.  Therefore, because of this requirement, compliance documentation must ordinarily be maintained six years from the date of entry.

(f)  CONFIDENTIALITY

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to policies set forth in Title 40, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information (see 40 CFR 2.201 et seq.).  The public is not permitted access to information containing personal or organizational identifiers.  This collection complies with the Privacy Act of 1974 and OMB Circular A-130.

(g) SENSITIVE QUESTIONS

 No sensitive questions are asked.

4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

(a)  RESPONDENTS/NAICS CODES

Information collected is from individual importers and both small and large companies who import, or import and manufacture nonroad engines and recreational vehicles.  The NAICS codes for the respondents are as follows:

Non-road compression ignition engines

333618	Manufacturers of nonroad diesel engines
333111	Manufacturers of farm machinery and equipment
333112	Manufacturers of lawn and garden tractors (home)
333924	Manufacturers of industrial trucks
333120	Manufacturers of construction machinery
333131	Manufacturers of mining machinery and equipment
333132	Manufacturers of oil and gas field machinery and equipment
811112, 811198	Commercial importers of vehicles and vehicle components
33631		Manufacturers of motor vehicle gasoline engine and engine parts
336312	Manufacturers of gasoline engine and engine parts
33639		Manufacturers of other motor vehicle parts

Small nonroad spark-ignition engines

333618	Other engine equipment manufacturing
336312	Gasoline engine and engine parts manufacturing
336999	Other transportation equipment manufacturing
336911	Motorcycle, bicycle and parts manufacturing

Marine outboard and personal watercraft engines

333618	Manufacturers of marine spark ignition engines
333112	Manufacturers of recreational marine vessels
336611	Ship building and repair
336612	Boat building
336999	Other marine outboard and personal watercraft manufacturing
441222	Motorcycle, boat, and other motor vehicle dealers

Locomotive engines

333618			Manufacturers of locomotives and locomotive engines
48211, 482111, 482112	Railroad owners and operators
488210			Engine repair and maintenance

Large marine compression ignition engines

333618		Manufacturers of marine diesel engines
33661, 346611	Ship and boat building; ship building and repair
811310		Engine repair and maintenance
483			Water transportation, freight and passenger
336612		Boat building (watercraft not built in shipyards and typically of the type suitable or intended for personal use)
441222		Motorcycle, boat, and other motor vehicle dealers

Recreational vehicles, including snowmobiles, all-terrain vehicles, and certain high-speed utility vehicles

336991		Motorcycle manufacturers
336999		Snowmobile and all-terrain vehicle manufacturers
441222		Motorcycle, boat, and other motor vehicle dealers

Large nonroad spark-ignition engines

333618		Manufacturers of new nonroad spark-ignition engines
333111		Manufacturers of farm equipment
333112		Manufacturers of construction equipment
333924		Manufacturers of industrial trucks
811310		Engine repair and maintenance

(b)  INFORMATION REQUESTED

(i)  Data Items

The data requested in reports include:

     	- engine identification number
     	- engine make
     	- engine model
    	 - model year of the engine
     	- port of entry

    	 - date of entry
     	- entry number
    	 - importer name, address and telephone number
     	- broker name, address and telephone number (optional)
    	 - owner name, address and telephone number (optional)
    	 - identification of the type of vehicle or engine by regulatory category
     	- identification of the provision under which the vehicle or engine is being imported
    	 -EPA exemption number, if applicable

(ii) Respondent Activities

     To complete the collection, the respondent would:

      -read form instructions
      -collect data and complete forms

                         INFORMATION REQUIREMENTS FOR
                      IMPORTATION OF NONROAD CI ENGINES
                        40 CFR PART 89 SUBPARTS G AND J

INFORMATION REQUIREMENTS						CITATION

I. ICI requirements

Reporting

      - Certification application and		89.603(d)
        production changes

      - Notification of transfer to another ICI		89.604(c)(4)

      - Notification of acceptance of responsibility		89.604(d)

      - Application for final admission		89.605(a)
        (certified engine)

      - Application for final admission		89.609(b)
        (modification/test engine)

      - Attestation regarding maintenance		89.610
        instructions, warranties and emission labeling

      - Reply to notice of suspension or revocation	89.612(e)(3)(ii)

      - Request for hearing	89.612(e)(3)(iii)

Recordkeeping

      - Vehicle disposition		89.607

      - Owners or ultimate purchasers		89.608(b)

      - Maintenance instructions, warranties and		89.610
        emission labeling

II. Requirements applying to all importers

      - Notification of conditional admission		89.604(a)

      - Request for prior approval 		89.611
      89.909

	INFORMATION REQUIREMENTS FOR
	IMPORTATION OF SMALL NONROAD SI ENGINES

                        40 CFR PART 90 SUBPARTS G AND J

INFORMATION REQUIREMENTS						CITATION

      - Notification of conditional admission	90.604(c),
                                                            90.611(a)

      - Request for prior approval 	90.612
                                                            90.909

                         INFORMATION REQUIREMENTS FOR
                       IMPORTATION OF MARINE SI ENGINES
           INCLUDING MARINE OUTBOARD AND PERSONAL WATERCRAFT ENGINES
                        40 CFR PART 91 SUBPARTS H AND K

INFORMATION REQUIREMENTS			     			CITATION

      - Notification of conditional admission	91.703 (b)

      - Request for prior approval	91.704
                                                            91.1009

                         INFORMATION REQUIREMENTS FOR
	IMPORTATION OF NON-PROPULSION CI ENGINES

                        USED IN MARINE APPLICATIONS
	40 CFR PART 89 SUBPARTS G AND J

INFORMATION REQUIREMENTS						CITATION

      - Notification of conditional admission	89.604(a)

      - Request for prior approval 	89.611
                                                            89.909

                         INFORMATION REQUIREMENTS FOR
               IMPORTATION OF LOCOMOTIVES OR LOCOMOTIVE ENGINES
                       40 CFR PART 92, SUBPARTS I AND J

INFORMATION REQUIREMENTS						CITATION

       Notification of conditional admission	92.803

       Request for prior approval	92.804
                                                            92.909
                         INFORMATION REQUIREMENTS FOR
                            LARGE MARINE CI ENGINES
                       40 CFR PART 94, SUBPARTS I AND J

INFORMATION REQUIREMENTS						CITATION

       Notification of conditional admission	94.803

       Request for prior approval	94.804
                                                            94.909
                         INFORMATION REQUIREMENTS FOR
                     IMPORTATION OF OTHER NONROAD ENGINES
                       40 CFR PART 1068 SUBPARTS C AND D

INFORMATION REQUIREMENTS			     			CITATION

       Notification of conditional admission		1068.301

       Request for prior approval		1068.301

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

(a)  AGENCY ACTIVITIES

The Compliance Division receives the information as required from CBP, individuals, and businesses.  After receiving the information, EPA and CBP use the information to determine whether the engines and vehicles meet EPA requirements and retains the information in order to respond to public, State government, and Federal government inquiries.

(b)  COLLECTION METHODOLOGY AND MANAGEMENT

CBP and the Compliance Division use the information to determine if engines meet EPA requirements.  The Compliance Division does not retain the forms themselves, but rather regulations require that the importers retain the forms for 5 years after importation and make them available upon request in order to respond to public, State government, and Federal government inquires, which are handled by Compliance Division staff.

(c)  SMALL ENTITY FLEXIBILITY

Small entities are required to submit the forms covered by this ICR when applicable. There is no exemption for small entities. EPA does endeavor to provide small entities the maximum feasible flexibility in submitting the data.

(d) COLLECTION SCHEDULE

The information is not subject to a collection schedule, but is collected at the time of engine entry and, in the event of a non-road ICI import, when the engine is ready for approval by EPA of final admission.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

I. ICI Recording, Recordkeeping and Testing Burden for Nonroad CI engines

A.  Reporting 				Burden Est.   		Est. # of   		Est. of
					(hrs/instance)		instances/yr  		Burden (hrs)

     Form 3520-8   			0.81			1			0.81

B.  Recordkeeping

      Form 3520-8 & other required ICI records (see 4(b)

         					0.5			1			0.5
C.  Testing:				28.0			1			28.0

II. Reporting Burdens, Form 3520-21

                              Burden Est.  		Est. # of   	Est. of
                              (hrs/form)		forms/yr  	Burden (hrs)

All categories		        		0.50			12,000			6,000

TOTAL BURDEN = 	   	 6,029.31 hrs

6(b) ESTIMATING RESPONDENT COST

LABOR COSTS:

I. ICI Recording, Recordkeeping, and Testing for Nonroad CI engines

                                    	Estimated 	                        Labor
                                    	Units		  		Costs

A. Reporting	 		1 form            			$50.00
                 			@$61.73 per hour

B. Recordkeeping 		1 engine	              	$17.94
             		@$35.87 per hour

C. Testing	 		1 engine	            	$1,728.44
       				@$61.73 per hour

II. Reporting Form 3520-21

				Hours		          		Cost

All categories			6,000				$370,380
				@61.73 per hour

Total Labor Cost						$372,176.38

CAPITAL/STARTUP & O&M

I. ICI Recording, Recordkeeping, and Testing for Nonroad CI engines

Brokerage cost covering testing and application-related

			1 engine at $14,000 per engine	$14,000

II. O&M Costs For Record Storage

			12,001 forms at $2 per form		$24,002

Total Capital/Startup and O&M Costs			$38,002

(i) Labor Costs

Rates for engineering managers, mechanical engineers, and secretaries (except legal, medical, and executive) are from the May 2013 BLS National Occupational Employment and Wage Estimates (http://www.bls.gov/oes/current/naics4_336100.htm, accessed June 4, 2014). With a 160% overhead multiplier, these are $93.12, $61.73, and $35.87, respectively. Test labor costs are $61.73 per hour

(ii) Capital/Start-up Costs

Capital/start-up costs are predominantly incurred by ICIs during the required certification process, which is covered by other ICRs.  ICIs in the on-road program typically obtain the necessary testing and certification work from a broker, who also provides testing services, or who obtains from a testing facility the test results necessary for the final importation form. The figure here is a placeholder for the possibility of extension of this program to nonroad CI engines, and is taken from the previous renewal of this ICR.

(iii) Operations and Maintenance Costs

This cost is estimated as a component of overall broker activities to import a vehicle or engine, and incorporates a $2 per form recordkeeping cost for broker form retention.

6(c) ESTIMATING AGENCY BURDEN AND COST

The imports program is administered by EPA's Compliance Division.  Forty percent of one Full Time Equivalent employee (FTE), GS 12/3; twenty percent of one Senior Environmental Employment (SEE) Program employee (about 400 hours); and a portion of the work assignment under a government contract are allocated to imports activities. Based on the 2014 Office of Personnel GS pay schedule for Detroit, EPA estimates a yearly $80,578 for the FTE, then multiplies the hourly rate by the standard government benefits multiplication factor of 1.6, for a cost of $51,400 plus $11,600 for the SEE, and $92,400 is estimated for the contractor.

6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN COSTS

Recording, Recordkeeping, and Testing:	29.81 hrs
Reporting Burdens, Form 3520-21:		6,000 hrs
Total Hours					6,029.81

Recording, Recordkeeping, and Testing:	$1728.44
Reporting Burdens, Form 3520-21:		$370,380
Total Cost					$372,176.38

6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES

(i) Respondent Tally

The information collection will involve an estimated 4,801 respondents at an estimated labor cost of $372,176.38  and a capital/startup and O&M cost of $38,002.

(ii) The Agency Tally

The contractor estimate is based upon the work assignment rather than an estimate of hours. An estimated total Agency cost of $92,400 per year is allocated to imports activities for Form 3520-21.

(iii) Variations in the Annual Bottom Line

There are no variations in the annual bottom line.

6(f) REASONS FOR CHANGE IN BURDEN

As with the prior renewal, this ICR bases the burdens on an estimate of the actual Form 3520-21s filled in by importers. The estimated 12,000 Form 21s filled in per year is considered accurate within 10%.  The program has remained consistent over time and the increase in burden is due to the increased labor costs.

In addition, as with the prior renewal, a hypothetical burden of 1 engine is included as a placeholder for the burden associated with ICI importation of nonroad CI engines has increased slightly due to the slight increase in the cost of engine testing.

6(g) BURDEN STATEMENT

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 30 minutes per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2007-1138, which is available for online viewing at www.regulations.gov, or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID EPA-HQ-OAR-2007-1138 and OMB Control Number 2060-0320 in any correspondence.


[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Notices]
[Pages 15367-15368]
[FR Doc No: 2012-6281]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL- 9647-9]

Public Water System Supervision Program Approval for the State of
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the State of Minnesota is revising
its approved public water system supervision program for four major
rules. EPA has determined that these revisions are no less stringent
than the corresponding Federal regulations. Therefore, EPA intends to
approve these revisions. This approval action does not extend to public
water systems in Indian Country, as the term is defined in 18 U.S.C.
1151. By approving these rules, EPA does not intend to affect the
rights of federally recognized Indian Tribes in Minnesota, nor does it
intend to limit existing rights of the State of Minnesota.
    Any interested person may request a public hearing. A request for a
public hearing must be submitted to the Regional Administrator at the
address shown below by April 16, 2012. If a substantial request for a
public hearing is made within the requested time frame, a public
hearing will be held and a notice of such hearing will be given in the
Federal Register and a newspaper of general circulation. Frivolous or
insubstantial requests for a hearing may be denied by the Regional
Administrator. If no timely and appropriate request for a hearing is
received and the Regional Administrator does not elect to hold a
hearing on her own motion, this determination shall become final and
effective on April 16, 2012. Any request for a public hearing shall
include the following information: The name, address, and telephone
number of the individual, organization, or other entity requesting a
hearing; a brief statement of the requesting person's interest in the
Regional Administrator's determination and a brief statement of the
information that the requesting person intends to submit at such
hearing; and the signature of the individual making the request, or, if
the request is made on behalf of an organization or other entity, the
signature of a responsible official of the organization or other
entity.

ADDRESSES: All documents relating to this determination are available
for inspection at the following offices: Minnesota Department of
Health, 625 North Robert Street, P.O. Box 64975, St. Paul, Minnesota,
55164-0975, and/or the U.S. Environmental Protection Agency, Region 5,
Ground Water and Drinking Water Branch (WG-15J), 77 West Jackson
Boulevard, Chicago,

Illinois 60604, between the hours of 9 a.m. and 4 p.m., Monday through
Friday.

FOR FURTHER INFORMATION CONTACT: Janet Kuefler, EPA Region 5, Ground
Water and Drinking Water Branch, at the address given above, by
telephone, at<PHONE_NUMBER>, or at<EMAIL_ADDRESS>
    Authority:  (Section 1413 of the Safe Drinking Water Act, as
amended, 42 U.S.C. 300g-2 and 40 CFR part 142 of the National
Primary Drinking Water Regulations).

    Dated: March 7, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-6281 Filed 3-14-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 5, 2009 (Volume 74, Number 23)]
[Notices]
[Page 6186-6188]
[DOCID:fr05fe09-64]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59318; File No. SR-NASDAQ-2009-003]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Modify Nasdaq's Listing Requirements Related to the Distribution of
Annual Reports

January 29, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 15, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by Nasdaq. Nasdaq has designated the proposed rule
change as effecting a change described under Rule 19b-4(f)(6) under the
Act,\3\ which renders the proposal effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify Rules 4350(b)(1)(A) and 4360(b)(1), which
relate to the distribution of a listed issuer's annual report.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are in brackets.\4\
---------------------------------------------------------------------------

    \4\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://
nasdaqomx.cchwallstreet.com.
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4350. Qualitative Listing Requirements for Nasdaq Issuers Except for
Limited Partnerships
    (a) No change.
    (b) Distribution of Annual and Interim Reports
    (1)(A) Each issuer shall make available to shareholders of such
securities an annual report containing audited financial statements of
the company and its subsidiaries, which, for example, may be on Form
10-K, 20-F, 40-F or N-CSR. An issuer may comply with this requirement
either:
    (i) By mailing the report to shareholders[,]; or
    (ii) By satisfying the requirements for furnishing an annual report
contained in Exchange Act Rule 14a-16; or
    (iii) by posting the annual report to shareholders on or through
the company's Web site (or, in the case of an issuer that is an
investment company that does not maintain its own Web site, on a
website that the issuer is allowed to use to satisfy the Web site
posting requirement in Exchange Act Rule 16a-3(k)), along with a
prominent undertaking in the English language to provide shareholders,
upon request, a hard copy of the company's annual report free of
charge. An issuer that chooses to satisfy this requirement [via a Web
site posting] pursuant to this paragraph (iii) must, simultaneous with
this posting, issue a press release stating that its annual report has
been filed with the Commission (or other appropriate regulatory
authority). This press release must also state that the annual report
is available on the company's Web site and include the Web site address
and that shareholders may receive a hard copy free of charge upon
request. An issuer must provide such hard copies within a reasonable
period of time following the request.
    (B) No change.
    (2)-(4) No change.
    (c)-(n) No change.
* * * * *
4360. Qualitative Listing Requirements for Nasdaq Issuers That Are
Limited Partnerships
    (a) No change.
    (b) Distribution of Annual and Interim Reports
    (1) Each issuer that is a limited partnership shall distribute to
limited partners copies of an annual report containing audited
financial statements of the limited partnership. The report shall be
distributed to limited partners within a reasonable period of time
after the end of the limited partnership's fiscal year end and shall be
filed with Nasdaq at the time it is distributed to limited partners. A
limited partnership may comply with this requirement either:
    (A) By mailing the report to the limited partners; or
    (B) By satisfying the requirements for furnishing an annual report
contained in Exchange Act Rule 14a-16; or
    (C) By posting the annual report on or through the limited
partnership's Web site, along with a prominent undertaking in the
English language to provide limited partners, upon request, a hard copy
of the partnership's annual report free of charge. A limited
partnership that chooses to satisfy this requirement pursuant to this
paragraph (C) must, simultaneous with this posting, issue a press
release stating that its annual report has been filed with the
Commission (or other appropriate regulatory authority). This press
release must also state that the annual report is available on the
limited partnership's Web site and include the Web site address and
that limited partners may receive a hard copy free of charge upon
request. A limited partnership must provide such hard copies within a
reasonable period of time following the request.
    (2) No change.
    (c)-(m) No change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    Nasdaq is proposing to modify Rule 4350(b)(1)(A), which relates to
the distribution of a company's annual report. At present, the Rule
requires that a company either: (i) Distribute a physical copy of its
annual report to shareholders, or (ii) issue a press release announcing
the filing of its annual report and the availability of that report on
the company's Web site or upon request. Nasdaq proposes to maintain
these two alternatives, but proposes to also allow a company to satisfy
this requirement by following the requirements related to ``Internet
Availability of Proxy Materials'' contained in the Commission's Rule
14a-16.\5\ Nasdaq believes that accepting compliance with the
comparable Commission requirement to furnish an annual report will ease
the compliance burden on companies while continuing to assure that this
information is available to shareholders. In addition, Nasdaq believes
that maintaining the requirement to issue a press release when relying
on the existing alternative will allow companies that are not subject
to the Commission's proxy rules to continue to take advantage of
technology to satisfy the requirement to distribute their annual
report.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.14a-16.
---------------------------------------------------------------------------

    Nasdaq is also proposing to modify Rule 4360(b)(1) to add the
manner in which a limited partnership may satisfy the requirement to
deliver an annual report. Presently, this rule is silent as to how the
requirement can be satisfied, but Nasdaq believes that limited
partnerships can comply in the same manner as described in Rule
4350(b)(1)(A). As such, the addition would clarify that a limited
partnerships [sic] must satisfy the requirement in the same way as
other listed issuers, although Rule 4360(b)(1) would have non-
substantive differences from Rule 4350(b)(1) to reflect its
applicability to partnerships (instead of corporations), which are held
by limited partners (instead of shareholders). Nasdaq notes that
pursuant to Rule 4360(e), a limited partnership is only required to
hold annual meetings if required by statute or regulation in the state
in which the limited partnership is formed or doing business or by the
terms of the partnership's limited partnership agreement. As such,
limited partnerships frequently will not hold meetings or solicit
proxies, and therefore would not be subject to the Commission's proxy
rules, but could still satisfy the requirement to deliver the annual
report through the alternatives described in the proposed rule.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general and with Sections
6(b)(5) of the Act,\7\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change is
designed to facilitate compliance with Nasdaq rules by aligning
Nasdaq's disclosure requirements with those of the Commission.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \8\ and
Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest. In
making this determination, the Commission notes that the NYSE recently
adopted a substantially similar listing requirement governing the
distribution of annual reports,\12\ and the Commission believes that
the Nasdaq's proposed rule change raises no new regulatory issues. The
Commission also notes that the NYSE's proposal was subject to full
notice and comment, and the Commission received no comments on the
NYSE's rule proposal. In addition, the Commission believes that waiving
the 30-day operative delay will immediately give issuers that have just
filed, or are about to file, their annual reports with the Commission
the option to comply with Nasdaq's distribution of annual reports
requirement by satisfying the requirements for furnishing an annual
report contained in Rule 14a-16 under the Act. The Commission also
believes that it is consistent with the

protection of investors and the public interest to allow limited
partnerships to distribute annual reports to their limited partners
under the same terms and conditions as Nasdaq's other listed operating
companies. The Commission believes that waiving the 30-day operative
delay for limited partnerships will also allow these partnerships who
have just filed, or are about to file, their annual reports with the
Commission, to immediately take advantage of the same means of
distribution under Nasdaq rules that are available for any other
operating company. For these reasons, the Commission designates that
the proposed rule change become operative immediately upon filing.\13\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 59123 (December 19,
2008), 73 FR 7991 (December 30, 2008) (SR-NYSE-2008-128).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-003. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2009-003 and should be submitted on or before
February 26, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2427 Filed 2-4-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Rules and Regulations]
[Page 26304-26310]
[DOCID:fr09my07-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0965; FRL-8124-2]

Flufenacet; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes pesticide tolerances under the
Federal Food, Drug, and Cosmetic Act (FFDCA) for combined residues of
flufenacet and its metabolites containing the 4-fluoro-N-methylethyl
benzenamine moiety in or on grass (forage, hay), sweet corn (forage,
kernel plus cob with husk removed, stover), wheat (bran, forage, grain,
hay, straw), cattle kidney, goat kidney, hog kidney, horse kidney, and
sheep kidney. Bayer Cropscience petitioned EPA to establish these
tolerances.

DATES: This regulation is effective May 9, 2007. Objections and
requests for hearings must be received on or before July 9, 2007, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also

Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0965. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jim Tompkins, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0965 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before July 9, 2007.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0965, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of December 20, 2006 (71 FR 76321) (FRL-
8104-4), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
0F6095) by Bayer CropScience, 2 T.W. Alexander Dr., Research Triangle
Park, NC 27709. The petition requested that 40 CFR 180.527 be amended
by establishing a tolerance for combined residues of the herbicide
flufenacet (N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1,3,4-thiadiazol-2-yl] oxy] acetamide and its
metabolites containing the 4-fluoro-N-methylethyl benzenamine moiety in
or on the food commodities: corn, sweet, forage at 0.4 parts per
million (ppm); corn, sweet, kernel plus cob with husks removed at 0.05
ppm; corn, sweet, stover at 0.4 ppm; wheat, forage at 10.0 ppm; wheat,
grain at 1.0 ppm; wheat, hay at 2.0 ppm; wheat, straw at 0.5 ppm; seed-
grass, forage at 7.0 ppm; seed-grass, forage, regrowth at 0.1 ppm;
seed-grass, hay, regrowth at 0.5 ppm. That notice included a summary of
the petition prepared by Bayer CropScience, the registrant. There were
no comments received in response to the notice of filing.
    After completing a review of the submitted data, the Agency
determined that additional tolerances are needed in connection with the
petitioned-for tolerances for wheat bran 0.80 ppm, grass forage at 7.0
ppm, and grass hay at 0.4 ppm, cattle kidney at 0.05 ppm, goat kidney
at 0.05 ppm, hog kidney at 0.05 ppm, horse kidney at 0.05 ppm, and
sheep kidney at 0.05 ppm. EPA determined that tolerance levels are
needed that differ from those proposed by the registrant for sweet corn
forage at 0.45 ppm (0.4 ppm proposed) sweet corn stover at 0.30 ppm,
(0.4 ppm proposed) wheat forage at 6.0 ppm (10.0 ppm proposed), wheat
grain at 0.60 ppm (1.0 ppm proposed), wheat hay at 1.2 ppm (2.0 ppm
proposed), and wheat straw at 0.35 ppm (0.5 ppm proposed). EPA
determined that tolerances are not necessary for fat, meat, and meat
byproducts of cattle, goat, hog, horse,

and sheep. Since permanent tolerances are being established for wheat
and kidney of cattle, goat, hog, horse, and sheep, emergency exemption
tolerances for these commodities are being deleted.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with section
408(b)(2) of FFDCA, for a tolerance for combined residues of
flufenacet. EPA's assessment of exposures and risks associated with
establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the toxic effects caused by flufenacet as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov
 in the document, entitled Flufenacet: HED Human

Health Risk Assessment for Uses on Wheat, Perennial Grasses Grown for
Seed and Sweet Corn which is in the docket for this rule.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which no adverse effects are observed
(the NOAEL) from the toxicology study identified as appropriate for use
in risk assessment is used to estimate the toxicological level of
concern (LOC). However, the lowest dose at which adverse effects of
concern are identified (the LOAEL) is sometimes used for risk
assessment if no NOAEL was achieved in the toxicology study selected.
An uncertainty factor (UF) is applied to reflect uncertainties inherent
in the extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases. More information
can be found on the general principles EPA uses in risk
characterization at http://www.epa.gov/pesticides/health/human.htm.

    A summary of the toxicological endpoints for flufenacet used for
human risk assessment can be found in Table 4 (p.14) of the document,
entitled Flufenacet: HED Human Health Risk Assessment for Uses on
Wheat, Perennial Grasses Grown for Seed and Sweet Corn which is in the
docket for this rule.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been
established (40 CFR 180.527) for the combined residues of flufenacet
and its metabolites, in or on a variety of raw agricultural
commodities. Risk assessments were conducted by EPA to assess dietary
exposures from flufenacet in food from existing and proposed tolerances
as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    The Dietary Exposure Evaluation Model (DEEM\TM\) analysis evaluated
the individual food consumption as reported by respondents in the U.S.
Department of Agriculture (USDA) 1994-1996 and 1988 Nationwide
Continuing Surveys of Food Intake by Individuals (CSFII) and
accumulated exposure to the chemical for each commodity. The following
assumptions were made for the acute exposure assessments: Anticipated
residues for many crops (field corn, soybean, sweet corn, and wheat)
were developed using field trial data. Anticipated residues for
livestock commodities were derived using available feeding and
metabolism studies in conjunction with the anticipated dietary burden
to ruminants, swine and poultry. Tolerance level residues were used to
assess flufenacet exposure from the remaining commodities (i.e., cereal
grains other than wheat). Exposure estimates for all commodities were
further refined using percent crop treated (PCT) data. Projected PCT
data were used to refine anticipated residues for the new food uses
(sweet corn and wheat). Available processing data were used to refine
anticipated residues for cereal grains and corn. For all other
processed commodities, DEEM (ver. 7.81) default processing factors were
assumed.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the Dietary Exposure Evaluation Model software with
the Food Commodity Intake Database (DEEM-FCID\TM\), which incorporates
food consumption data as reported by respondents in the USDA 1994-1996
and 1998 CSFII, and accumulated exposure to the chemical for each
commodity. The following assumptions were made for the chronic exposure
assessments: Anticipated residues for many crops (field corn, soybean,
sweet corn, and wheat) were developed using field trial data.
Anticipated residues for livestock commodities were derived using
available feeding and metabolism studies in conjunction with the
anticipated dietary burden to ruminants, swine and poultry. Tolerance
level residues were used to assess flufenacet exposure from the
remaining commodities (i.e., cereal grains). Exposure estimates for all
commodities were further refined using PCT data. Projected PCT data
were used to refine anticipated residues for the new food uses (sweet
corn and wheat). Available processing data were used to refine
anticipated residues for cereal grains and corn. For all other
processed

commodities, DEEM (ver. 7.81) default processing factors were assumed.
    iii. Cancer. A cancer aggregate exposure assessment was not
performed because flufenacet is not carcinogenic.
    iv. Anticipated residue and PCT information. Section 408(b)(2)(E)
of FFDCA authorizes EPA to use available data and information on the
anticipated residue levels of pesticide residues in food and the actual
levels of pesticide chemicals that have been measured in food. If EPA
relies on such information, EPA must pursuant section 408(f)(1) of
FFDCA require that data be provided 5 years after the tolerance is
established, modified, or left in effect, demonstrating that the levels
in food are not above the levels anticipated. Following the initial
data submission, EPA is authorized to require similar data on a time
frame it deems appropriate. For the present action, EPA will issue such
Data Call-Ins for information relating to anticipated residues as are
required by section 408(b)(2)(E) of FFDCA and authorized under section
408(f)(1) of FFDCA. Such Data Call-Ins will be required to be submitted
no later than 5 years from the date of issuance of this tolerance.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data
on the actual percent of food treated for assessing chronic dietary
risk only if the Agency can make the following findings: Condition 1,
that the data used are reliable and provide a valid basis to show what
percentage of the food derived from such crop is likely to contain such
pesticide residue; Condition 2, that the exposure estimate does not
underestimate exposure for any significant subpopulation group; and
Condition 3, if data are available on pesticide use and food
consumption in a particular area, the exposure estimate does not
understate exposure for the population in such area. In addition, the
Agency must provide for periodic evaluation of any estimates used. To
provide for the periodic evaluation of the estimate of PCT as required
by section 408(b)(2)(F) of FFDCA, EPA may require registrants to submit
data on PCT.
    The Agency used PCT information as follows:
    Chronic and acute dietary exposure analyses for sweet corn were
based on projected PCT when treated with flufenacet of an average of 3%
(used for chronic exposure assessment) and a maximum of 10% (used for
acute exposure assessment). These projected PCT estimates were based on
the following. Flufenacet has been registered and used on field corn
since 1998. Field corn and sweet corn are the same species and there
are many weeds and herbicides used to control those weeds which are
common to the two crops. Therefore the use of flufenacet on field corn
was used as the basis for predicting flufenacet use on sweet corn. EPA
also analyzed other factors based on available information that
included more recent usage of other acetamide herbicides on both field
corn and sweet corn, information on new products desired for sweet
corn, including flufenacet, to combat newly invasive weeds and
resistant weeds, and differences in importance of individual herbicides
between field corn and sweet corn.
    Chronic and acute dietary exposure analyses for wheat were based on
projected PCT when treated with flufenacet of an average of 1% and a
maximum of 3%. These projected PCT estimates were based on the
following: Emergency exemption uses have been issued for flufenacet on
wheat for several years. EPA initially estimated the PCT for wheat
based on recent PCTs for winter wheat due to emergency exemption usage.
EPA later examined acres treated in individual states and compared that
information to the treatment acres permitted under the emergency
exemptions. EPA also analyzed other factors based on available
information that included usage of metribuzin on winter wheat (since a
new use is the combination metribuzin and flufenacet), current and past
Emergency Exemption requests for flufenacet in the Northwest and on the
East Coast to control resistant Italian ryegrass, and more recent usage
data.
    For all other commodities, PCT estimates were based on a screening
level usage analysis of pesticide usage data from the following
sources:
     USDA-NASS (United States Department of Agriculture's
National Agricultural Statistics Service)--pesticide usage data from
1998 to 2003.
     NCFAP (National Center for Food and Agricultural Policy--
pesticide usage data from 1997 and is only used if data is not
available from the other sources.
     Private pesticide market research--pesticide usage data
from 1998 to 2004.
    The Agency believes that the three conditions previously discussed
have been met. With respect to Condition 1, EPA finds that the PCT
information described above for flufenacet on sweet corn, wheat, and
grass forage and other commodities with existing registrations for
flufenacet is reliable and has a valid basis. The Agency is reasonably
certain that the percentage of the food treated is not likely to be an
underestimation. As to Conditions 2 and 3, regional consumption
information and consumption information for significant subpopulations
is taken into account through EPA's computer-based model for evaluating
the exposure of significant subpopulations including several regional
groups. Use of this consumption information in EPA's risk assessment
process ensures that EPA's exposure estimate does not understate
exposure for any significant subpopulation group and allows the Agency
to be reasonably certain that no regional population is exposed to
residue levels higher than those estimated by the Agency. Other than
the data available through national food consumption surveys, EPA does
not have available information on the regional consumption of food to
which flufenacet may be applied in a particular area.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to complete a comprehensive dietary
exposure analysis and risk assessment for flufenacet in drinking water.
Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the physical
characteristics of flufenacet. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppfeed1/models/water/index.

    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and Screening Concentrations in Groundwater (SCI-
GROW) models, the estimated drinking water concentrations (EDWCs) of
flufenacet (plus its degradate thiadione in surface water) for acute
exposures are estimated to be 8.64 parts per billion (ppb) for surface
water and 0.10 ppb for ground water. The EECs for chronic exposures are
estimated to be 2.23 ppb for surface water and 0.10 ppb for ground
water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Flufenacet is not registered for use on any sites that would result
in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider

``available information'' concerning the cumulative effects of a
particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to flufenacet and any other
substances and flufenacet does not appear to produce a toxic metabolite
produced by other substances. For the purposes of this tolerance
action, therefore, EPA has not assumed that flufenacet has a common
mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
the policy statements released by EPA's Office of Pesticide Programs
concerning common mechanism determinations and procedures for
cumulating effects from substances found to have a common mechanism on
EPA's website at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. Margins of safety are
incorporated into EPA risk assessments either directly through use of a
MOE analysis or through using uncertainty (safety) factors in
calculating a dose level that poses no appreciable risk to humans. In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional safety
factor value based on the use of traditional uncertainty factors and/or
special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. There is no indication of
additional susceptibility of young rats or rabbits following prenatal
exposure to flufenacet in the developmental toxicity studies. There was
an indication of qualitative susceptibility in the 2-generation
reproduction study. Effects seen in the offspring in the reproductive
toxicity studies (including increased pup death in early lactation and
cannibalism) were more severe than those seen in the parental animals
(increased liver weight and cytomegaly), although there was no
difference in the NOAELs/LOAELS between parental animals and offspring
in that study. Increased susceptibility (qualitative and quantitative)
was seen in the developmental neurotoxicity study in rats. Decreased
body weight was seen in pups at all dose levels, and additional
effects, including decreased motor activity, delayed developmental
landmarks, and decreases in morphometric measurements were seen at mid
and high doses. Morphometric measurements were not made at the low
dose. A slight decrease in body weight in mid and high dose dams during
early lactation may have been due to palatability of test substance and
was not considered adverse.
    The selection of 1.7 milligrams/kilograms/day (mg/kg/day) as a
LOAEL for the developmental neurotoxicity study is considered to be a
conservative recommendation as to the decreased body weight effect,
because the decrease in pup body weight at that dose is transient, and
a similar decrease was not seen in the 2-generation reproduction study
(decreased pup body weight seen in the 1-generation range-finding
reproduction study occurred at higher doses than those evaluated in the
developmental neurotoxicity study).
    3. Conclusion. Several factors weighed in favor of the conclusion
that no additional safety factor is needed to protect the safety of
infants and children. First, there was no evidence of increased
susceptibility in the developmental toxicity studies (rats and
rabbits), and qualitative susceptibility seen in the rat reproduction
study did not raise concerns because the pup death may be attributable
to maternal cannibalism, and there was a clear NOAEL for the effect.
Second, there are also no additional residual uncertainties with
respect to exposure data:
     The dietary drinking water assessment utilizes water
concentration values generated by models and associated modeling
parameters which are designed to provide conservative, health
protective, high-end estimates of water concentrations which will not
likely be exceeded.
     Although the exposure assessment from pesticide residues
in food was somewhat refined, the assessment is based on reliable data
and will not underestimate exposure/risk.
     There are no residential uses for flufenacet.
    Nonetheless, for several reasons EPA determined that the 10X FQPA
Safety Factor should be retained. The primary reason for retaining the
additional safety factor is that there is uncertainty regarding the
protectiveness of selected RfDs because of a lack of comparative
susceptibility data for thyroid hormone levels. Secondarily there is
also some uncertainty due to the lack of a NOAEL in the DNT for the
decrease in morphometric measurements and body weight effects in pups
and the lack of data on comparative sensitivity to neuropathologic
lesions. Concerns with regard to these latter issues are more limited
given dose response data on the morphometric changes indicating that
these effects would not be expected at the low dose, the transient
nature of the body weight effects seen at the low dose, and the fact
that neuropathologic lesions were only seen at relatively high doses.

E. Aggregate Risks and Determination of Safety

    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food plus
drinking water to flufenacet will occupy 30% of the aPAD for the U.S.
population, 25% of the aPAD for females 13 years and older, 89% of the
aPAD for all infants (<  1 year old), and 42% of the aPAD for children
1-2 years old.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
flufenacet from food plus drinking water will utilize 2.9% of the cPAD
for the U.S. population, 9.2% of the cPAD for all infants (<  1 year
old), and 4.4% of the cPAD for children 1-2 years old. There are no
residential uses for flufenacet that result in chronic residential
exposure to flufenacet. EPA does not expect the aggregate exposure to
exceed 100% of the cPAD.
    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    Flufenacet is not registered for use on any sites that would result
in residential exposure. Therefore, the aggregate risk is the sum of
the risk from food and water, which do not exceed the Agency's level of
concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Flufenacet is not registered for use on any sites that would result
in residential exposure. Therefore, the aggregate risk is the sum of
the risk from food and

water, which do not exceed the Agency's level of concern.
    5. Aggregate cancer risk for U.S. population. Because flufenacet is
classified as a ``not likely'' carcinogen, the Agency does not expect
exposure to flufenacet to result in any cancer risk.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, and to infants and children from aggregate
exposure to flufenacet residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatographic/single ion
mode (GC/SIM) common moiety method) is available to enforce the
tolerance expression. The method may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
B. International Residue Limits

    Flufenacet is not in the Codex system, i.e., there are no
established or pending Codex MRLs for flufenacet. Therefore, there are
no harmonization issues.

V. Conclusion

    Therefore, the tolerances are established for combined residues of
flufenacet, (N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1,3,4-thiadiazol-2-yl] oxy] acetamide and its
metabolites containing the 4-fluoro-N-methylethyl benzenamine moiety,
in or on grass forage at 7.0 ppm, grass hay at 0.4 ppm, sweet corn
forage at 0.45, sweet corn kernel plus cob with husk removed at 0.05
ppm, sweet corn stover at 0.30 ppm, wheat bran at 0.80 ppm, wheat
forage at 6.0 ppm, wheat grain at 0.60 ppm, wheat hay at 1.2 ppm, wheat
straw at 0.35 ppm, cattle kidney at 0.05 ppm, goat kidney at 0.05 ppm,
hog kidney at 0.05 ppm, horse kidney at 0.05 ppm, and sheep kidney at
0.05 ppm. Section 18 emergency exemption tolerances are deleted for
flufenacet in or on wheat (forage, grain, hay, straw) and fat, kidney,
meat, and meat byproducts of cattle, goat, hog, horse, and sheep.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of FFDCA, such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that this
action will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that 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.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this final rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: May 1, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--AMENDED

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.527 is amended as follows:
0
i. By revising the section heading;
0
ii. By revising paragraph (a);
0
iii. By removing the text of paragraph (b) and reserving with heading;
0
iv. By revising the introductory text of paragraph (c) and adding
commodities to the table; and
0
v. By revising the introductory text of paragraph (d).
    The amendments read as follows:

Sec.  180.527  Flufenacet, N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1, 3, 4-thiadiazol-2-yl] oxy]acetamide and its
metabolites containing the 4-fluoro-N-methylethyl benzenamine
tolerances for residues.

    (a) General. Tolerances are established for the combined residues
of the herbicide flufenacet, N-(4-fluorophenyl)-N-(1-methylethyl)-2-
[[5-(trifluoromethyl)-1, 3, 4-thiadiazol-2-yl] oxy]acetamide and its
metabolites containing the 4-fluoro-N-methylethyl benzenamine moiety in
or on the following commodities.

------------------------------------------------------------------------
                   Commodity                        Parts per million
------------------------------------------------------------------------
Cattle, kidney.................................                     0.05
Corn, field, forage............................                      0.4
Corn, field, grain.............................                     0.05
Corn, field, stover............................                      0.4
Corn, sweet, forage............................                     0.45
Corn, sweet, kernel plus cob with husks removed                     0.05
Corn, sweet, stover............................                     0.30
Goat, kidney...................................                     0.05
Hog, kidney....................................                     0.05
Horse, kidney..................................                     0.05
Sheep, kidney..................................                     0.05
Soybean, seed..................................                      0.1
Wheat, bran....................................                     0.80
Wheat, forage..................................                      6.0
Wheat, grain...................................                     0.60
Wheat, hay.....................................                      1.2
Wheat, straw...................................                     0.35
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. Tolerances are
established for combined residues of flufenacet, N-(4-fluorophenyl)-N-
(1-methylethyl)-2-[[5-(trifluoromethyl)-1, 3, 4-thiadiazol-2-yl]
oxy]acetamide, and its metabolites containing the 4-fluoro-N-
methylethyl benzenamine moiety, with regional registration.

------------------------------------------------------------------------
                   Commodity                        Parts per million
------------------------------------------------------------------------
Grass, forage..................................                      7.0
Grass, hay.....................................                      0.4
------------------------------------------------------------------------

    (d) Indirect or inadvertent residues. Tolerances are established
for indirect or inadvertent residues of the herbicide flufenacet, N-(4-
fluorophenyl)-N-(1-methylethyl)-2-[[5-(trifluoromethyl)-1,3,4-
thiadiazol-2-yl]oxy]acetamide and its metabolites containing the 4-
fluoro-N-methylethyl benzenamine moiety in or on the following raw
agricultural commodities when present therein as a result of
application of flufenacet to the growing crops in paragraph (a) of this
section.
* * * * *
[FR Doc. E7-8936 Filed 5-8-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Page 1995]
[FR Doc No: 2016-00655]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2015-0110]

Notice and Request for Comments

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

ACTION: Request for public comment on proposed collection of
information.

-----------------------------------------------------------------------

SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request the Office of Management and Budget
(OMB) approval to renew an information collection. Before a Federal
agency can collect certain information from the public, it must receive
approval from the Office of Management and Budget (OMB). Under
procedures established by the Paperwork Reduction Act of 1995, before
seeking OMB approval, Federal agencies must solicit public comment on
proposed collections of information, including extensions and
reinstatement of previously approved collections.

DATES: Written comments should be submitted by March 14, 2016.

ADDRESSES: You may submit comments [identified by Docket No. DOT-NHTSA-
2015-0110] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Sauers,<PHONE_NUMBER>,
Director, Office of Grants Management and Operations, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Under the PRA, before an agency submits a
proposed collection of information to OMB for approval, it must first
publish a document in the Federal Register providing a 60-day comment
period and otherwise consult with members of the public and affected
agencies concerning each proposed collection of information. OMB has
promulgated regulations describing what must be included in such a
document. Under OMB's regulation (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information:
    OMB Control Number: 2127-0597.
    Title: State Observational Surveys of Seat Belt Use.
    Type of Review: Reinstatement of an information collection.
    Abstract: The ``Uniform Criteria for State Observational Surveys of
Seat Belt Use,'' requires States re-select observation sites for their
annual seat belt survey. States would use an updated roadway segment
database to assist with the site selection and then re-select sites
utilizing their currently approved seat belt survey design. Section 402
of title 23, United States Code provides that the Secretary of
Transportation may not approve a State highway safety program for grant
funding which does not provide satisfactory assurances that the State
will implement an annual statewide seat belt use survey in accordance
with criteria established by the Secretary to ensure that the
measurements of seat belt use are accurate and representative. The seat
belt use survey rates are verified by the National Highway Traffic
Safety Administration's National Center for Statistics and Analysis.
The verified seat belt use rates also determine whether a State is
eligible for an occupant protection grant as a high seat belt use rate
State having a seat belt use rate of at least 90 percent or as a lower
seat belt use rate State having a seat belt use rate below 90 percent.
    Affected Public: State Highway Safety Offices
    Estimated Number of Respondents: 56
    Estimated Total Annual Burden Hours: 19,040
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information. The agency
will summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35, as amended; 23 U.S.C. 402 and 405; and 49 CFR 1.94 and
1.95.

Mary D. Gunnels,
Associate Administrator, Office of Regional Operations and Program
Delivery.
[FR Doc. 2016-00655 Filed 1-13-16; 8:45 am]
 BILLING CODE 4910-59-P