                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

NSPS for Nonmetallic Mineral Processing (40 CFR, Part 60, Subpart OOO) (Renewal)

1.  Identification of the Information Collection

      1(a)  Title and Number of the Information Collection

NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal),
EPA ICR Number 1084.12, OMB Control Number 2060-0050.

      1(b)  Short Characterization

      The New Source Performance Standards (NSPS) for Nonmetallic Mineral Processing (40 CFR part 60, subpart OOO) were proposed on August 31, 1983, promulgated on August 1, 1985, and most recently amended on April 28, 2009.  These regulations apply to the following affected facilities in fixed or portable nonmetallic mineral processing plants: each crusher, grinding mill, screening operation, bucket elevator, belt conveyor, bagging operation, storage bin, and enclosed truck or railcar loading station, which commenced construction, modification or reconstruction after August 31, 1983.  Also, crushers and grinding mills at hot mix asphalt facilities that reduce the size of nonmetallic minerals embedded in recycled asphalt pavement and subsequent affected facilities up to, but not including, the first storage silo or bin are subject to the provisions of the subpart.

      The provisions of subpart OOO do not apply to the following operations: facilities located in underground mines; wet material processing operations; and plants without crushers  or grinding mills.  An affected facility that is subject to the provisions of either subparts F or I,  or that follows in the process any facility subject to the provisions of subparts F or I of this part, is not subject to the provisions of this part.  In addition, the following plants are not subject to subpart OOO: fixed sand and gravel plants and crushed stone plants with capacities of 23 megagrams per hour (25 tons per hour) or less; portable sand and gravel plants and crushed stone plants with capacities of 136 megagrams per hour (150 tons per hour) or less; common clay plants and pumice plants with capacities of 9 megagrams per hour (10 tons per hour) or less.  This information is being collected to assure compliance with 40 CFR part 60, subpart OOO.

      In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities.  They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative.  These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NSPS.

      Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records.  All reports are sent to the delegated state or local authority.   In the event that there is no such delegated authority, the reports are sent directly to the U. S. Environmental Protection Agency (EPA) regional office.

      Over the next three years, an average of 4,697 respondents per year will be subject to the standard, and 66.4 additional respondents per year will become subject to the standard.

      The Office of Management and Budget (OMB) approved the currently active Information Collection Request (ICR) without any "Terms of Clearance."

      The respondents to this ICR (the "Affected Public) are publicly owned and operated by fixed or portable nonmetallic mineral processing plants.  None of the facilities are owned by either state, local and tribal agencies or the Federal government.  The burden to respondents is calculated below in Table 1: Annual Respondent Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal).  The burden to the "Federal Government" burden is attributed entirely to work performed by Federal employees or government contractors.  This burden is calculated below in Table 2: Average Annual EPA Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal).

2.  Need for and Use of the Collection

      2(a)  Need/Authority for the Collection

      The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

            . . . application of the  best technological system  of continuous emissions  reduction which  (taking into consideration the  cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

      In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

            (A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions    (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with section 114(a)(3);  and (G) provide such other information as the Administrator may reasonably require.

      In the Administrator's judgment, particulate emissions from nonmetallic mineral processing plants (NMPP) cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart OOO.

      2(b)  Practical Utility/Users of the Data

      The recordkeeping and reporting requirements in the standards ensure compliance with the applicable regulations which where promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.

      Performance tests are required in order to determine an affected facility's initial capability to comply with the emission standards.  Continuous emission monitors are used to ensure compliance with the standards at all times.

      The notifications required in the standards are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the standards are being met.  The performance test may also be observed.

      The required semiannual compliance status reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.

3.  Non-duplication, Consultations, and Other Collection Criteria

      The requested recordkeeping and reporting are required under 40 CFR part 60, subpart OOO.

      3(a)  Non-duplication

      If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore,  no duplication exists.

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

      An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (76 FR 26900) on May 9, 2011.  No comments were received on the burden published in the Federal Register.

      3(c)  Consultations

      The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years.  The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard is the Online Tracking Information System (OTIS), which is operated and maintained by EPA's Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of all compliance data.

      Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed.  In developing this ICR, we contacted: 1) the National Stone, Sand, and Gravel Association (NSSGA), at<PHONE_NUMBER>; 2) the Industrial Minerals Association - North America (IMA-NA), at<PHONE_NUMBER>; and 3) the Georgia Mining Association (GMA), at<PHONE_NUMBER>.

      It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.

      3(d)  Effects of Less Frequent Collection

      Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.  If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

      3(e)  General Guidelines

      These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

      3(f)  Confidentiality

      Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

      3(g)  Sensitive Questions

      The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.  The Respondents and the Information Requested

      4(a)  Respondents/NAICS Codes

      The respondents to the recordkeeping and reporting requirements are owners or operators of nonmetallic mineral processing facilities. The United States Standard Industrial Classification (SIC) codes for the respondents affected by the standards, which corresponds to the North American Industry Classification System (NAICS) codes, are listed in the following table.

                    Standard (40 CFR Part 60, Subpart OOO)
                                   SIC Codes
                                  NAICS Codes
Dimension Stone Mining and Quarrying
                                     1411
                                    212311
Crushed and Broken Limestone Mining and Quarrying
                                     1422
                                    212312
Crushed and Broken Granite Mining and Quarrying
                                     1423
                                    212313
Other Crushed and Broken Stone Mining and Quarrying
                                  1429, 1499
                                    212319
Construction Sand and Gravel Mining
                                     1442
                                    212321
Industrial Sand Mining
                                     1446
                                    212322
Kaolin and Ball Clay Mining
                                  1455, 3295
                                    212324
Clay and Ceramic and Refractory Minerals Mining
                                  1459, 3295
                                    212325
Potash, Soda, and Borate Mineral Mining
                                     1474
                                    212391
Other Chemical and Fertilizer Mineral Mining
                                  1479, 3295
                                    212393
All Other Nonmetallic Mineral Mining
                                  1499, 3295
                                    212399
Fossil Fuel Electric Power Generation
                               4911, 4931, 4939
                                    221112
Asphalt Paving Mixture and Block Manufacturing
                                     2951
                                    324121
Brick and Structural Clay Tile Manufacturing
                                     3251
                                    327121
Ceramic Wall and Floor Tile Manufacturing
                                     3253
                                    327122
Other Structural Clay Product Manufacturing
                                     3259
                                    327123
Clay Refractory Manufacturing
                                     3255
                                    327124
Cement Manufacturing
                                     3241
                                    327310
Lime Manufacturing
                                     3274
                                    327410
Gypsum Product Manufacturing
                                  3275, 3299
                                    327420
Ground or Treated Mineral and Earth Manufacturing
                                     3295
                                    327992
Iron and Steel Mills
                                     3312
                                    331111

      4(b)  Information Requested

      	(i)  Data Items

      In this ICR, all the data that is recorded or reported is required by NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO).

      A source must make the following reports:

                                 Notifications
Notification of actual startup.
60.7(a)(3), 60.676(i)
Physical or operational change.
60.7(a)(4)
Notification of initial performance test.
60.8(d), 60.672

                                    Reports
Initial performance test results.
60.8(a), 60.676(f)
Repeat performance test results.
60.8(a), 60.11, 60.675

      A source must keep the following records:

                                 Recordkeeping
Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative.
60.7(b)
Records are required to be retained for two (2) years and kept onsite.
60.7(f)
Records of ongoing monitoring.
60.7(f), 60.674(b), 60.674(c)
Records of replacement activities
60.670(d), 60.676

Electronic Reporting

--------------------------------------------------------------------------------
      Some of the respondents are using monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      Also, regulatory agencies, in cooperation with the respondents, continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are not widely used.  At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

      	(ii)  Respondent Activities.

                             Respondent Activities
Read instructions.
Perform initial performance test using appropriate Reference Method, and repeat performance tests if necessary.
Write the notifications and reports listed above.
Enter information required to be recorded above.
Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for the purpose of 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.
Transmit, or otherwise disclose the information.

      Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system).  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management

      5(a)  Agency Activities

      EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

                               Agency Activities
Observe initial performance tests and repeat performance tests if necessary.
Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.
Audit facility records.
Input, analyze, and maintain data in the Online Tracking Information System (OTIS).

      5(b)  Collection Methodology and Management

      Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

      Information contained in the reports is entered into OTIS, which is operated and maintained by EPA's Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters.  EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

       The records required by this regulation must be retained by the owner or operator for two years.

      5(c)  Small Entity Flexibility

      The majority of respondents are estimated to be small entities.  The impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation by exempting wet material processing operations, simplifying certain notification requirements, and selecting relatively low-cost repeat testing and monitoring provisions.  In addition, certain plants operating at small capacities were exempted from subpart OOO due to economic considerations when the standards were originally developed.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.   The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities.

      5(d)  Collection Schedule

      The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal).

6.  Estimating the Burden and Cost of the Collection

      Table 1 documents the computation of individual burdens for the recordkeeping           and reporting requirements applicable to the industry for the subpart included in this ICR.       The individual burdens are expressed under standardized headings believed to be consistent   with the concept of burden under the Paperwork Reduction Act.  Wherever appropriate, specific tasks and major assumptions have been identified.  Responses to this information collection are mandatory.

      The 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.

      6(a)  Estimating Respondent Burden

      The average annual burden to industry over the next three years from these record-keeping and reporting requirements is estimated to be 12,374 (Total Labor Hours from Table      1 below).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program,     the previously approved ICR, and any comments received.

      6(b)  Estimating Respondent Costs

      	(i)  Estimating Labor Costs

        This ICR uses the following labor rates:

      Managerial 	$121.42   ($57.82 + 110%)
      Technical	$99.14   ($47.21 + 110%)
      Clerical	$49.81   ($23.27 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011, "Table 2: Civilian Workers, by Occupational and Industry group."  The rates are from column 1, "Total Compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

      (ii)  Estimating Capital/Startup and Operations and Maintenance Costs

      The type of industry costs associated with the information collection activities in the subject standards are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/startup costs are one -time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitors and other costs such as photocopying and postage.

      	(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

         Capital/Startup vs. Operation and Maintenance (O&M) Costs
                                      (A)
                                  Requirement
                                      (B)
                    Capital/Startup Cost For One Respondent
                                      (C)
                         Number of New Respondents [b]
                                      (D)
                    Total Capital/Startup Cost, (B X C)[c]
                                      (E)
                    Annual O&M Costs for One Respondent
                                      (F)
                      Number of Respondents with O&M
                                      (G)
                              Total O&M Costs
Performance Tests [a]
                                      N/A
                                     66.4
                                   $152,868
                                       0
                                       0
                                       0
File Cabinets
                                      N/A
                                     66.4
                                    $1,709
                                      N/A
                                      N/A
N/A
Total

                                   $154,577
                                       0
                                       0
                                       0
[a] The total costs for performance testing were calculated for each industry sector covered by subpart OOO. A testing cost of $7,000 for Method 5 tests and $216.67 for a 30-minute Method 9 tests was used. It was assumed there are 22 emission points for each plant in the crushed/broken stone and sand/gravel sectors and 9 emission points for each plant in other sectors.
[b] Growth in each of the NMPP sectors was estimated using model plants and recent (e.g., 2005/2006) production data available from the U.S. Geological Survey (USGS) and model plant parameters used in development of the original promulgated NSPS. It is estimated that, of the 66.4 new respondents per year, 60.9 will be in the crushed/broken stone and sand/gravel sectors and 5.5 will be in other sectors.
[c] These are annualized costs for all new respondents. The capital cost associated with testing was annualized assuming a 7 percent interest rate and 5-year life (i.e., capital recovery factor [CRF] of 0.2439). The annualized capital cost for file cabinets was calculated using a 7 percent interest rate and a 15-year life (i.e., CRF of 0.1098).
The total cost for performance testing is $626,767 per year, and the total capital cost for filing cabinets was estimated at $15,604. Over the 3-year period, performance test costs are $1.0 million and $872,000 for Method 5 and Method 9 respectively.

      The total capital/startup costs for this ICR are $154,577 per year (rounded). This is the total of column D in the above table.

      The total operation and maintenance (O&M) costs for this ICR are zero.

      The average annual cost for capital startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $154,577. These are  capital/startup costs.

      6(c)  Estimating Agency Burden and Cost

      The only costs to the Agency are those costs associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.
      The average annual Agency cost during the three years of the ICR is estimated to be $1,162,379.

      This cost is based on the average hourly labor rate as follows:

      	Managerial	$62.27   (GS-13, Step 5, $38.92 + 60%)
      	Technical	$46.21   (GS-12, Step 1, $28.88 + 60%)
      	Clerical	$25.01   (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM) "2011 General Schedule" which excludes locality rates of pay.  The rates have been increased by 60 percent to account for the benefit packages available to government employees.  Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal).

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

      Based on our research for this ICR, on average over the next three years, approximately 4,630.4 existing respondents will be subject to the standard.  It is estimated that an additional 66.4 respondents per year will become subject.  The overall average number of respondents, as shown in the table below, is 4,697 (rounded).

      The number of respondents is calculated using the following table that addresses the three years covered by this ICR.

--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
Year
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Number of New Respondents [1]
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Existing Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Are Also New Respondents
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(E=A+B+C-D)
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
66.4
--------------------------------------------------------------------------------
4,564
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
4,630.4
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
66.4
--------------------------------------------------------------------------------
4,630.4
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
4,696.8
--------------------------------------------------------------------------------
3
--------------------------------------------------------------------------------
66.4
--------------------------------------------------------------------------------
4,696.8
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
4,763.2
--------------------------------------------------------------------------------
Average
--------------------------------------------------------------------------------
66.4
--------------------------------------------------------------------------------
4,630
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
4,697
[1] Based on model plant parameters used in development of the original promulgated NSPS and the most recent production data available from the USGS, 332 new plants were projected over the 5-year NSPS review period.  Thus, it is estimated that an additional 66.4 NMPP per year will become subject to the regulation over the three year ICR period (332/5 = 66.4).

      Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three year period of this ICR is 4,697.

      The total number of annual responses per year is calculated using the following table:

                            Total Annual Responses
                                      (A)
                        Information Collection Activity
                                      (B)
                             Number of Respondents
                                      (C)
                              Number of Responses
                                      (D)
  Number of Existing Respondents That Keep Records But Do Not Submit Reports
                                      (E)
                            Total Annual Responses
                                  E=(B x C)+D
Notification of construction/ reconstruction commencement
                                       0
                                       1
                                       0
                                       0
Notification of actual startup
                                     66.4
                                       1
                                       0
                                     66.4
Notification of initial performance test
                                     66.4
                                       1
                                       0
                                     66.4
Notification of physical or operational change
                                     66.4
                                       1
                                       0
                                     66.4
Report of performance test results:

 Initial performance test (new sources)
                                     66.4
                                       1
                                       0
                                     66.4
 Repeat performance test (new sources)
                                     16.6
                                       1
                                       0
                                     16.6
 Performance test (existing sources)
                                     20.3
                                       1
                                       0
                                     20.3
Records of startups, shutdowns, malfunctions, etc.
                                      N/A
                                       0
                                     4,697
                                     4,697
Total

                                    4999.5

      The number of Total Annual Responses is 5,000 (rounded).

      The total annual labor costs are $1,185,697.  Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal).

      6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

      The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown below in Tables 1 and 2, respectively, and summarized below.

      	(i)  Respondent Tally

      The total annual labor hours are 12,374. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal).

      Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 2 hours per response.

      The total annualized capital/startup and O&M costs to the regulated entity are $154,577. The cost calculations are detailed in section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

      	(ii)  The Agency Tally

       The average annual Agency burden and cost over the next three years is estimated to be 25,793 labor hours at a cost of $1,162,379. See below Table 2: Average Annual EPA Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal).
      6(f)  Reasons for Change in Burden

      There is an increase in the labor hours for both the respondents and the Agency in this ICR compared to the previous ICR.  This is due to two considerations. First, performance testing for existing sources will begin 5 years after the initial performance testing following the 2009 ICR amendments, which corresponds to the third year of this renewal.  Beginning in the third year of this ICR renewal, 60.9 sources would conduct 5-year repeat fugitive Method 9 performance tests. These tests are only required for crushed/broken stone and sand/gravel facilities that do not have water sprays. This yields an annual average of 20.3 sources requiring Method 9 performance tests over the next 3 years. Secondly, there is an increase in the total number of respondents subject to the rule due to a growth in the respondent universe.

      There is also an increase in the total labor and Agency costs as currently identified in the OMB Inventory of Approved Burdens.  The change in cost estimates reflects the changes in respondent numbers (described above) and updated labors rates available from the U.S. Bureau of Labor Statistics.

      6(g)  Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 2 hours 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 valid OMB Control Number.  The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2011-0253.  An electronic version of the public docket is available at http://www.regulations.gov which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the 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 in this document.  The documents are also available for public viewing at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, DC.  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 docket center is<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), 725 17th St., NW, Washington, DC 20503, Attention:  Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2011-0253 and OMB Control Number 2060-0050 in any correspondence.

Part B of the Supporting Statement

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

Table 1:  Annual Respondent Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal)

                                      (A)
                          Person hours per occurrence
                                      (B)
                  No. of occurrences per respondent per year
                                      (C)
                     Person hours per respondent per year
                                    (C=AxB)
                         (D)  Respondents per year [a]
                                     (E)
                       Technical person- hours per year
                                    (E=CxD)
                     (F) Management person hours per year
                                   (Ex0.05)
                                     (G)
                      EPA Clerical person hours per year
                                     (Ex0.1)
                                     (H)
                                  Total Cost
                                 Per year [b]

1. Applications
                                      N/A

2. Survey and studies
                                      N/A

3.  Acquisition, installation, and utilization of technology and systems
                                      N/A

4. Report requirements

    A. Read instructions
                                       1
                                       1
                                       1
                                     66.4
                                     66.4
                                     3.32
                                     6.64
                                                                      $7,316.75
    B. Required activities

         Monitoring--wet suppression [c]
                                     0.17
                                      12
                                       2
                                     60.9
                                     121.8
                                     6.09
                                     12.18
                                                                     $13,421.38
         Monitoring--M22 readings [d]
                                       1
                                       4
                                       4
                                      5.5
                                      22
                                      1.1
                                      2.2
                                                                      $2,424.22
    C. Create information
                                    See 4B

    D. Gather existing information
                                    See 4E

    E. Write Report

                     Notification of construction/reconstruction
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
          Notification of actual startup
                                       2
                                       1
                                       2
                                     66.4
                                     132.8
                                     6.64
                                     13.28
                                                                     $14,633.50
          Notification of initial performance test
                                       2
                                       1
                                       2
                                     66.4
                                     132.8
                                     6.64
                                     13.28
                                                                     $14,633.50
          Report of performance test
                                    See 5B

                      Notification of Physical /Operational Change
                                       2
                                       1
                                       2
                                     66.4
                                     132.8
                                     6.64
                                     13.28
                                                                     $14,633.50
Subtotal for Reporting Requirements

                                    699.89

5. Recordkeeping

    A. Read instructions
                                    See 4A

    B. Plan activities
                                    See 4B

                   Initial performance test (new sources) [e]
                                      30
                                       1
                                      30
                                     66.4
                                     1,992
                                     99.6
                                     199.2
                                                                    $219,502.46
                    Repeat performance test (new sources) [e], [f]
                                      30
                                       1
                                      30
                                     16.6
                                      498
                                     24.9
                                     49.8
                                                                     $54,875.62
            Performance test (existing sources) [e], [g]
                                      30
                                       1
                                      30
                                     20.3
                                      609
                                     30.45
                                     60.9
                                                                     $67,106.93
   C. Implement activities
                                    See 4B

   D. Record data

          Monitoring--wet suppression [c]
                                      0.1
                                       1
                                      0.1
                                     60.9
                                     6.09
                                      0.3
                                     0.61
                                                                        $670.58
          Monitoring--M22 readings [d]
                                      0.2
                                       1
                                      0.2
                                      5.5
                                      1.1
                                     0.06
                                     0.11
                                                                        $121.81
   E. Time to transmit or disclose information

         Records of startups, shutdowns, malfunctions [h]
                                      1.5
                                       1
                                      1.5
                                     4,697
                                    7,045.5
                                    352.27
                                    704.55
                                                                    $776,357.12
   F. Time to train personnel
                                      N/A

  G. Time for audits
                                      N/A

Subtotal for Recordkeeping Requirements

                                                                      11,674.43

Subtotals Labor Burden and Cost

                                                                      10,760.29
                                                                         538.01
                                                                       1,076.02
                                                                  $1,185,697.36
TOTAL LABOR BURDEN AND COST (rounded)

                                    12,374
                                                                     $1,185,697

Assumptions:
[a]  We have assumed that there are an average of 4,697 sources per year will be subject to the standard, and an additional  66.4 new sources that will become subject to the rule over
the next three years.  We have estimated that there are approximately 332 NMPP, which will become subject over a 5-year period, the number of new sources per year equals
(332/=66.4) for the additional new sources.
[b]  This ICR uses the following labor rates:  $121.42 per hour for Executive, Administrative, and Managerial labor; $99.14 per hour for Technical labor, and $49.81 per hour for
Clerical  labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011, "Table 2. Civilian Workers, by occupational and industry
 group."  The rates are from column 1, "Total Compensation."  The rates have been increased by 110% to account for the benefit packages available to those employed by private
industry.
[c] Monitoring for wet suppression involves checking that water is actually flowing.  This is estimated to take 10 minutes per check and to occur on a monthly basis.  Wet suppression
is expected to be used in the following sectors: crushed/broken stone, and sand/gravel.  The number of new sources per year from these sectors over the next three years is expected
to be 60.9.
[d]  We have assumed that it will take each respondent 1 hour four times per year to complete Method 22 readings.  All industry sectors except for crushed/broken stone and sand/
gravel are expected to use baghouses and will employ baghouse Method 22 readings to comply with the periodic monitoring requirements. The number of new sources per year
from these sectors over the next three years is expected to be 5.5.
[e]  Performance tests include 8 hours to develop and review a performance test report and 22 hours to plan for the performance tests.  The time required to conduct Method 5 and
Method 9 tests are included in capital costs because a contractor is typically hired to perform the tests.
[f]  We have assumed that 25% of initial performance tests must be repeated due to failure.
[g]  We have assumed that performance testing for existing sources will not occur until 5 years after the initial performance testing, which is the 6th year of the ICR (i.e. the third year
of this renewal).  Beginning in the third year of this ICR renewal, 60.9 sources per year would conduct 5-year repeat fugitive Method 9 performance tests.  These tests are only
required for crushed/broken stone and sand/gravel facilities that do not have water sprays.
[h]  We assume the average number of affected facilities over the next three years is represented by the number of sources in year 2 (66.4 new in first and second years and 4,564
existing sources in the first year) for a total of 4,697.

Table 2:  Average Annual EPA Burden and Cost − NSPS for Nonmetallic Mineral Processing (40 CFR Part 60, Subpart OOO) (Renewal)

Activity
                                      (A)
                          Person hours per occurrence
                                      (B)
                  No. of occurrences per respondent per year
                                      (C)
                     Person hours per respondent per year
                                    (C=AxB)
                         (D)  Respondents per year [a]
                                      (E)
                       Technical person- hours per year
                                    (E=CxD)
                     (F) Management person hours per year
                                   (Ex0.05)
                                      (G)
                      EPA Clerical person hours per year
                                    (Ex0.1)
                                     (H)
                                  Total Cost
                                 Per year [b]

Initial Performance Tests (New Plants)
                                      24
                                       1
                                      24
                                     66.4
                                    1,593.6
                                     79.68
                                    159.36
                                                                     $82,587.18
Repeat Performance Tests (New Plants)
                                      24
                                       1
                                      24
                                     16.6
                                     398.4
                                     19.92
                                     39.84
                                                                     $20,646.88
Performance test (existing sources) [c]
                                      24
                                       1
                                      24
                                     20.3
                                     487.2
                                     24.36
                                     48.72
                                                                     $25,248.90
Report Review (New Plants)

Notification of construction/reconstruction
                                      0.5
                                       1
                                      0.5
                                       0
                                       0
                                       0
                                       0
                                                                             $0
    Notification of actual startup d
                                      0.5
                                       1
                                      0.5
                                     66.4
                                     33.2
                                     1.66
                                     3.32
                                                                      $1,720.57
    Notification of initial test [d]
                                      0.5
                                       1
                                      0.5
                                     66.4
                                     33.2
                                     1.66
                                     3.32
                                                                      $1,720.57
    Notification of physical or operational
    change [d]
                                      0.5
                                       1
                                      0.5
                                     66.4
                                     33.2
                                     1.66
                                     3.32
                                                                      $1,720.57
    Review test results [e]
                                       8
                                       1
                                       8
                                     66.4
                                     531.2
                                     26.56
                                     53.12
                                                                     $27,529.17
    Emission Reports [f]
                                       4
                                       2
                                       8
                                     66.4
                                     531.2
                                     26.56
                                     53.12
                                                                     $27,529.17
Report Review (Existing Plants) [g]
                                       4
                                       1
                                       4
                                     4,697
                                    18,788
                                     939.4
                                    1,878.8
                                                                    $973,678.71
Subtotals Labor Burden and Cost

                                   22,429.2
                                   1,121.46
                                   2,242.92
                                                                  $1,162,378.72
TOTAL ANNUAL COST (rounded)

                                    25,793
                                                                     $1,162,379

Assumptions:
[a]  We have assumed that there are an average of 4,697 sources per year will be subject to the standard, and an additional  66.4 new sources that will become subject to the rule over the
 next three years.  We have estimated that there are approximately 332 NMPP, which will become subject over a 5-year period, the number of new sources per year equals (332/=66.4)
 for the additional new sources.
[b]  This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for Managerial (GS-13, Step 5,
$38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6), and $25.01 Clerical (GS-6, Step 3, $15.63 x 1.6).  These rates are from the Office of Personnel Management (OPM)
 "2011 General Schedule" which excludes locality rates of pay.
[c]  We have assume 25% of initial performance tests must be repeated due to failure.
[d]  We have assumed that each new respondent will take 0.5 hours once per year to complete task.
[e]  We have assumed that each new respondent will take eight hours once per year to review test results.
[f]   We have assumed that each new respondent will take four hours to twice per year to complete emission reports.
[g]  We have assumed that the average number of affected facilities over the next three years is estimated by the number of affected facilities in the second year (66.4 new in first year
and 66.4 in the second year, and 4,564 existing in the first year) for a total of 4,697.


[Federal Register: March 9, 2006 (Volume 71, Number 46)]
[Notices]
[Page 12224]
[DOCID:fr09mr06-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 34-53406; IA-2492]

Notice of Broker-Dealer/Investment Adviser Study

    On March 3, 2006, Chairman Christopher Cox announced that a study
will be commenced to compare the levels of protection afforded retail
customers of financial service providers under the Securities Exchange
Act and the Investment Advisers Act and to address any investor
protection concerns arising from material differences between the two
regulatory regimes.
    This study is part of the Commission's ``commit[ment] to pursuing
the most effective solutions to * * * vital issues'' \1\ raised in the
course of the promulgation in April 2005 of Rule 202(a)(11)-1 (the
``IA/BD rule''). Certain Broker-Dealers Deemed Not To Be Investment
Advisers, Investment Advisers Act Release No. 2376 (Apr. 12, 2005), 70
FR 20424 (Apr. 19, 2005). The IA/BD rule provides an exception from the
Investment Advisers Act for broker-dealers receiving compensation other
than commissions--such as fees that are fixed dollar amounts--for full-
service brokerage programs that include advice about securities. Under
the rule, when a broker-dealer charges an asset-based or fixed fee, it
is excepted from the Advisers Act so long as its advice is solely
incidental to brokerage and it makes certain disclosures. The rule also
provides guidance about the sort of advice that will not be considered
solely incidental to brokerage--such as when a broker-dealer exercises
investment discretion over an account.
---------------------------------------------------------------------------

    \1\ Certain Broker-Dealers Deemed Not To Be Investment Advisers,
Investment Advisers Act Release No. 2376 (Apr. 12, 2005), 70 FR
20424, 20442 (Apr. 19, 2005).
---------------------------------------------------------------------------

    The IA/BD rule was the subject of a large number of comments, but,
as the Commission noted in the release adopting the rule, many of the
concerns voiced by commenters went ``well beyond the scope of the
rulemaking'' \2\ and implicated matters that might ``more appropriately
fall under broker-dealer regulation.'' \3\ Accordingly, the staff was
directed to report on recommendations for a study to look into these
issues.\4\ After considering the staff's recommendations and consulting
with the other Commissioners, Chairman Cox determined that a study will
be conducted to address the issues specified in the IA/BD release.
---------------------------------------------------------------------------

    \2\ Id. at 20442.
    \3\ Id. at 20424.
    \4\ Id. at 20442.

    Dated: March 3, 2006.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-3332 Filed 3-8-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Rules and Regulations]
[Pages 7946-7947]
[FR Doc No: 2022-02942]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-00596]

Safety Zone; Recurring Events in Captain of the Port Duluth
Zone--Pointe to La Pointe Swim

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zone for the Pointe to
La Pointe Swim event in Bayfield, WI. This action is necessary to
protect participants and spectators during the event. During the
enforcement period, entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Duluth or a designated on-scene representative.

DATES: The regulation listed in 33 CFR 165.943(a)(9) will be enforced
as listed in Table 1 to 33 CFR 165.943 from 7 a.m. through 11 a.m. on
August 6, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email LTJG Joseph McGinnis,

telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation for the annual Pointe to La Pointe Swim event in 33
CFR 165.943(a)(9) from 7 a.m. through 11 a.m. on August 06, 2022 on all
waters between Bayfield, WI and Madeline Island, WI within an imaginary
line created by the following coordinates: 46[deg]48'27.55'' N,
090[deg]48'56.86'' W, moving southeast to 46[deg]48'21.2'' N,
090[deg]48'59.9'' W, moving south to 46[deg]47'19.91'' N,
090[deg]49'46.18'' W, moving east 46[deg]47'21.18'' N,
090[deg]49'02.39'' W, then moving north to 46[deg]48'21.20'' N,
090[deg]48'56.86'' W and finally running back to the starting point.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or a
designated on-scene representative.
    This notice of enforcement is issued under authority of 33 CFR
165.943 and 5 U.S.C. 552(a). In addition to this publication in the
Federal Register, the Coast Guard will provide the maritime community
with advance notification of the enforcement of this safety zone via
Broadcast Notice to Mariners or Local Notice to Mariners. The Captain
of the Port Duluth may be contacted via Channel 16, VFH-FM or at (218)
428-9357.

    Dated: February 1, 2022.
F.M. Smith,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2022-02942 Filed 2-10-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 24, 2006 (Volume 71, Number 164)]
[Notices]
[Page 50107-50108]
[DOCID:fr24au06-83]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services; Washington, DC
20549.

Extension: Rule 17i-4; SEC File No. 270-530; OMB Control No. 3235-
0594.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 \1\ the Securities and Exchange Commission (``Commission'')
intends to submit to the Office of Management and Budget a request for
extension of the previously approved collection of information
discussed below. The Code of Federal Regulation citation to this
collection of information is the following rule: 17 CFR 240.17i-4.
---------------------------------------------------------------------------

    \1\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

    Section 231 of the Gramm-Leach-Bliley Act of 1999 \2\ (the
``GLBA'') amended Section 17 of the Securities Exchange Act of 1934 to
create a regulatory framework under which a holding company of a
broker-dealer (``investment bank holding company'' or ``IBHC'') may
voluntarily be supervised by the Commission as a supervised investment
bank holding company (or ``SIBHC'').\3\ In 2004, the Commission
promulgated rules, including Rule 17i-4, to create a framework for the
Commission to supervise SIBHCs.\4\ This framework includes
qualification criteria for SIBHCs, as well as recordkeeping and
reporting requirements. Among other things, this regulatory framework
for SIBHCs is intended to provide a basis for non-U.S. financial
regulators to treat the Commission as the principal U.S. consolidated,
home-country supervisor for SIBHCs and their affiliated broker-
dealers.\5\
---------------------------------------------------------------------------

    \2\ Pub. L. 106-102, 113 Stat. 1338 (1999).
    \3\ See 15 U.S.C. 78q(i).
    \4\ See Exchange Act Release No. 49831 (Jun. 8, 2004), 69 FR
34472 (Jun. 21, 2004).
    \5\ See--H.R. Conf. Rep. No. 106-434, 165 (1999). See also--
Exchange Act Release No. 49831, at 6 (Jun. 8, 2004), 69 FR 34472, at
34473 (Jun. 21, 2004).
---------------------------------------------------------------------------

    Rule 17i-4 requires an SIBHC to comply with present Exchange Act
Rule 15c3-4 \6\ as though it were a broker-dealer, which requires that
the firm establish, document and maintain a system of internal risk
management controls to assist it in managing the risks associated with
its business activities (including market, credit, operational,
funding, and legal risks). In addition, Rule 17i-4 requires that an
SIBHC establish, document, and maintain procedures for the detection
and prevention of money laundering and terrorist financing as part of
its internal risk management control system. Finally, Rule 17i-4
requires that an SIBHC periodically review its internal risk management
control system for integrity of the risk measurement, monitoring, and
management process, and accountability, at the appropriate
organizational level, for defining the permitted scope of activity and
level of risk. The records required to be created pursuant to Rule 17i-
4 must be preserved for a period of not less than three years.\7\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.15c3-4.
    \7\ 17 CFR 240.17i-5(b)(5).
---------------------------------------------------------------------------

    The collection of information required pursuant to Rule 17i-4 is
needed so that the Commission can adequately supervise the activities
of these SIBHCs, and to allow the Commission to effectively determine
whether supervision of an IBHC as an SIBHC is necessary or appropriate
in furtherance of the purposes of Sec.  17 of the Act. Without this
information, the Commission would be unable to adequately supervise the
SIBHC as provided for under the Exchange Act.
    We estimate that three IBHCs will file Notices of Intention with
the Commission to be supervised by the Commission as SIBHCs. An SIBHC
will require, on average, about 3,600 hours to assess its present
structure, businesses, and controls, and establish and document its
risk management control system. In addition, an SIBHC will require, on
average, approximately 250 hours each year to maintain its risk
management control system. Consequently, the total initial burden for
all SIBHCs is approximately 10,800 hours \8\ and the continuing annual
burden is about 750 hours.\9\ Thus, the total burden relating to Rule
17i-4 for all SIBHCs is approximately 11,550 hours \10\ in the first
year, and approximately 750 hours each year thereafter.\11\
---------------------------------------------------------------------------

    \8\ (3,600 hours x 3 SIBHCs) = 10,800 hours.
    \9\ (250 hours per year x 3 SIBHCs) = 750 hours per year.
    \10\ (3,600 hours x 3 SIBHCs) + (250 hours per year x 3 SIBHCs).
    \11\ (250 hours per year x 3 SIBHCs).
---------------------------------------------------------------------------

    We believe that an IBHC likely would upgrade its information
technology (``IT'') systems in order to more efficiently comply with
certain of the SIBHC framework rules (including Rules 17i-4, 17i-5,
17i-6 and 17i-7), and that this would be a one-time cost. Depending on
the state of development of the IBHC's IT systems, it would cost an
IBHC between $1 million and $10 million to upgrade its IT systems to
comply with the SIBHC framework of rules. Thus, on average, it would
cost each of the three SIBHCs about $5.5 million to upgrade their IT
systems, or approximately $16.5 million in total. It is impossible to
determine what percentage of the IT systems costs would be attributable
to each Rule, so we allocated the total estimated upgrade costs equally
(at 25% for each of the above-mentioned Rules), with $4,125,000
attributable to Rule 17i-5.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
collection of information; (c) ways to enhance the quality, utility,
and clarity of the information collected; and (d)

ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology.
    Comments should be directed to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted within
60 days of this notice.

    Dated: August 15, 2006.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-14021 Filed 8-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Notices]
[Page 14637]
[FR Doc No: 2018-06793]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OAR-2017-0579; FRL-9976-12-Region 5]

Adequacy Status of the Sheboygan County, Wisconsin Area for the
Submitted 2008 Ozone Standard Attainment Demonstration for
Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of finding of adequacy.

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

SUMMARY: In this notice, the EPA is notifying the public that we find
the motor vehicle emissions budgets (MVEBs) for volatile organic
compounds (VOCs) and oxides of nitrogen (NOX) in
the Sheboygan County, Wisconsin 2008 Ozone Standard nonattainment area
adequate for use in transportation conformity determinations. On
September 25, 2017, Wisconsin submitted a 2008 Ozone Standard
Attainment Demonstration for Sheboygan County, which included the MVEBs
for 2017 and 2018. As a result of our finding, this area must use these
MVEBs from the submitted Attainment Demonstration for future
transportation conformity determinations.

DATES: This finding is applicable April 20, 2018.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Control Strategies Section (AR-18J), Air Programs Branch, Air
and Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-6680, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'' or ``our'' is used, we mean EPA.

Background

    This notice is an announcement of a finding that we have already
made. On January 17, 2018, EPA sent a letter to the Wisconsin
Department of Natural Resources stating that the 2017 and 2018 MVEBs
contained in the Attainment Demonstration for the 2008 Ozone Standard
for Sheboygan County are adequate for transportation conformity
purposes. Receipt of these MVEBs was announced on EPA's transportation
conformity website, and no comments were submitted. The finding is
available at EPA's conformity website: https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity.
    The 2017 and 2018 MVEBs, in tons per day (tpd), for VOCs and
NOX for the Sheboygan County, Wisconsin area are as follows:

------------------------------------------------------------------------
                                                         NOX      VOCs
                  Sheboygan County                      (tpd)     (tpd)
------------------------------------------------------------------------
2017................................................      1.62      3.29
2018................................................      1.49      2.96
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to state air quality
implementation plans and establishes the criteria and procedures for
determining whether or not they do conform. Conformity to a State
Implementation Plan (SIP) means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the national ambient air quality standards.
    The criteria by which we determine whether a SIP's MVEBs are
adequate for transportation conformity purposes are outlined in 40 CFR
93.118(e)(4). Please note that an adequacy review is separate from
EPA's completeness review, and is also a separate action from EPA's
evaluation of and decision whether to approve a proposed SIP revision.

    Authority: 42 U.S.C. 7401-7671 q.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06793 Filed 4-4-18; 8:45 am]
 BILLING CODE 6560-50-P