  SEQ CHAPTER \h \r 1 Supporting Statement for a Request for OMB Review
under

The Paperwork Reduction Act

1	IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)  	Title and Number of the Information Collection

	Title:	Asbestos-Containing Materials in Schools Rule and Revised
Asbestos Model Accreditation Plan Rule

	EPA ICR No.: 1365.09		OMB Control No.: 2070-0091

	1(b) 	Short Characterization

	This ICR addresses reporting and recordkeeping requirements found in
the Asbestos-Containing Materials in Schools Rule (“AHERA Rule”) and
the Asbestos Model Accreditation Plan (MAP) Rule.

	AHERA Rule:  Under Section 203 of the Asbestos Hazard Emergency
Response Act (AHERA, 15 U.S.C. 2641-2656) (see Attachment A), EPA was
required to finalize the Asbestos-Containing Materials in Schools Rule.
This rule required Local Education Agencies (LEAs) to conduct
inspections, develop management plans, and design or conduct response
actions.  Records must be maintained by all LEAs on inspections and
response action activity, and current management plans must be provided
upon request to EPA and State reviewers for examination.

	MAP:  Additionally, Section 206 of AHERA (see Attachment B) required
that EPA issue a Model Accreditation Plan (MAP) for persons who inspect
for asbestos, develop management plans, and design or conduct response
actions.  States are required to adopt an accreditation plan at least as
stringent as the EPA model.  In 1990, EPA was required to make certain
changes in its original MAP.  Accreditation of laboratories that analyze
asbestos bulk samples and asbestos air samples is also required by
AHERA.  AHERA required the National Institute of Standards and
Technology (NIST) to establish the bulk sampling accreditation program,
and the air sampling program.

	This information collection activity will assure that LEAs continue to
inspect for asbestos and update management plans with accredited
personnel to protect all school building occupants from exposure to
asbestos.  This collection will also assure that persons who inspect for
asbestos, develop management plans, and design or conduct response
actions are properly accredited, and that states will adopt appropriate
accreditation programs.

2	NEED FOR AND USE OF THE COLLECTION

	2(a) 	Need/Authority for the Collection

	AHERA Rule and MAP:  The reporting and recordkeeping requirements
covered by this ICR are required by the Asbestos-Containing Materials in
Schools Rule (40 CFR 763, Subpart E) and the Model Accreditation Plan
(40 CFR 763, Subpart E, Appendix C); see Attachments C and D,
respectively.

	2(b) 	Use/Users of the Data

	AHERA Rule:  The activities pertaining to the use of this information
collection activity help assure that LEAs continue to inspect for
asbestos and update their management plans using accredited personnel.
This is intended to ensure the protection of all school building
occupants from exposure to asbestos fibers.  All public and private
elementary and secondary schools (unless exempt under provision of the
rule) were required to conduct inspections for asbestos-containing
building materials (ACBM) and develop management plans that describe
necessary actions to be undertaken.  Reinspections by accredited persons
must take place every three years unless all ACBM has been removed.
Records retention as part of an updated asbestos management plan is
necessary in order to document specific response action activities and
periodic surveillance/3-year reinspection reports, and for an LEA to
demonstrate compliance with the regulations.  Beneficiaries of the
collection activities include the LEA’s asbestos program manager and
staff, accredited professionals who may be called upon to perform
response actions at a school, and Federal and State enforcement
agencies.

	MAP:  This collection will enable EPA, as well as State regulators, to
determine initial compliance and to monitor continued compliance with
the revised MAP standards.  Lacking both the application submissions and
other recordkeeping requirements, regulators would have no meaningful
way of measuring the implementation of the MAP’s statutory mandates.
Other beneficiaries of the collection activities include 1) individuals
who may desire to obtain asbestos training meeting at least prescribed
minimum quality standards for accreditation and subsequent employment
purposes; 2) LEAs and other building owners and managers seeking to
procure the services of qualified and accredited asbestos consultants
and contractors; and 3) enforcement agencies at the Federal and State
level.

3	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a) 	Non-Duplication

	AHERA Rule:  EPA has tried to identify alternate sources of the
information requested to implement and enforce this recordkeeping, and
was not successful.  This activity does not duplicate information
already required to be reported by another agency or EPA program office.

	MAP:  All of the training and accreditation information collected
pursuant to this ICR is specific to the MAP and does not duplicate any
other collection.  There is no other model accreditation plan for States
other than the MAP, and there is no procedure for the accreditation of
asbestos training programs under the Asbestos School Hazard Abatement
Reauthorization Act (ASHARA) other than what is specifically provided
for in the MAP.

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

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

	3(c) 	Consultations

		AHERA Rule:  The Asbestos-Containing Materials in Schools Rule was
developed through the regulatory negotiation process.  Participants
included representatives of national educational organizations, labor
unions, asbestos product manufacturers, the environmental community,
asbestos abatement contractor groups, professional associations of
architects, consulting engineers, industrial hygienists, and EPA.

	In December 2003 and January 2004, EPA consulted with the Agency
regional asbestos coordinators and State regulatory agencies to
determine if the creation of charter schools in recent years has led to
additional respondents or respondent burden due to AHERA requirements.
At this time insufficient information is available to demonstrate that
any additional reporting burden currently exists beyond that already
identified for public schools (which include charter schools) in Section
6 of this ICR.

	MAP:  Consultations occurred with various respondents since development
work on the MAP Rule revision began several years ago.  Exploratory
meetings were held with labor unions (May 1991) and States (June 1991)
to learn of their interests and concerns.  EPA published its proposed
changes to the MAP in the Federal Register on May 13, 1992, and formally
invited public comment.  A public hearing was held June 8, 1992.  An
additional hearing, with the cooperation of the National Conference on
State Legislatures (NCSL), occurred on June 9, 1992.  Collection
activities were discussed with State participants at that time.  They
continued to express support for EPA’s MAP proposals.

	EPA consulted extensively with labor unions, the States, and other
interested parties during the development of the 1994 Interim Final MAP.

	For the purposes of the current ICR renewal request, in January 2007,
EPA conducted consultations on the ICR supporting statement with seven
representatives of the regulated community affected by the ICR.  These
individuals included an asbestos MAP training provider listed under the
National Directory of AHERA Accredited Courses (NDAAC), three AHERA
designated persons for LEAs, a laboratory that performs asbestos
testing, an LEA trade association, and a relevant asbestos worker trade
association.

	NDAAC training providers are accredited by EPA or by a state that has
developed an accreditation program.  AHERA designated persons are
responsible for implementing the requirements under the
Asbestos-Containing Materials in Schools Rule (40 CFR 763 Subpart E)
pursuant to AHERA for their respective local education agency (LEA).
Laboratories that perform asbestos bulk or air tests also must comply
with the requirements under the Asbestos-Containing Materials in Schools
Rule (40 CFR 763 Subpart E) and be properly accredited by the National
Institute of Standards and Technology.

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

	3(d) 	Effects of Less Frequent Collection

	AHERA Rule:  If information were collected less frequently, it would be
difficult to determine whether an LEA properly inspected for
asbestos-containing materials and developed an appropriate management
plan, and kept these documents up-to-date including ongoing activities.

	MAP:  The revised MAP has no routine or repetitive reporting
requirements.  Training course self-certifications, training course
approval applications and State Program approval applications are
one-time submissions.  Once approved, they do not expire.  A less
frequent collection schedule is not feasible.  Recordkeeping
requirements are tied directly to training courses and the issuance of
accreditation certificates to students successfully completing those
courses and passing the requisite exams.  If training providers are
inactive and not offering courses, no new record generation is required
of them.

	3(e) 	General Guidelines

	Except as described in this section, the collection activities in this
ICR adhere to the guidelines stated in the Paperwork Reduction Act,
OMB’s implementing regulations, and applicable OMB and EPA guidance.

	AHERA Rule:  The rule requires that the asbestos management plans be
maintained as a living document, necessary for as long as
asbestos-containing building materials are present in the school
building.  When all asbestos materials have been removed from a
homogeneous area, records pertaining to that homogeneous area must be
retained for three years after the next reinspection date.  As a result,
such records may need to be maintained beyond the three year record
retention period recommended in 5 CFR 1320.5(d)(2)(iv).  EPA believes,
however, that these retention requirements are necessary to satisfy the
statutory mandates in AHERA, which specifically mandates the development
and maintenance of asbestos management plans.  In addition to ensuring
that a management plan is available for public inspection as required by
AHERA, maintaining a current management plan is necessary and critical
for ensuring the proper protection of human health, safety, and the
environment as required by AHERA.  Providing up-to-date information
about the location and status of asbestos-containing building materials
that remain present in the school building is also essential for
ensuring that the material does not subsequently become unintentionally
disturbed or damaged such that it may pose an unreasonable risk to
school employees, children and other building occupants or users.  In
accordance with 5 CFR 1320.5(d)(2), the retention period beyond the
recommended three year period is necessary and appropriate.

	In approving the ICR in 1998, OMB stated the following: “This ICR is
approved for 3 years.  As requested in previous terms of clearance- EPA
will report on amendments to the School Rule as they relate to record
retention periods and reinspection periods.”  The previous terms of
clearance referenced were from 1995 that stated, “This ICR is approved
for three years- as requested.  EPA has done a good job updating labor
rates for school employees.  EPA shall report on the progress of the
Region VII lead amendments to the Schools Rule as it relates to record
retention periods -beyond 3 years- and reinspection periods -3 years-.
EPA should continue to separate its MAP burden estimates for the schools
estimates.”

	As reflected in the 1995 statement, EPA had initiated an Agency
workgroup in 1994 to evaluate the AHERA Rule for potential amendments
related to enforcement, and this effort was subsequently expanded to
include the consideration of potential amendments to the record
retention and reinspection periods as OMB requested.  This workgroup
effort did not result in any proposed revisions to the AHERA Rule and
has since been abandoned.

	The Agency has concluded that the reinspection interval is necessary to
satisfy the statutory mandates in AHERA, which specifically mandates the
periodic surveillance and reinspection of asbestos-containing materials,
and that the current interval is appropriate and necessary for ensuring
that the asbestos-containing material does not subsequently become
disturbed or damaged such that it is likely to become a potential hazard
to school employees, children and other building occupants or users.
The existing reinspection period is consistent with the provisions in 5
CFR 1320.5(d)(2).

	MAP:  There are no exceptions to note.

	3(f) 	Confidentiality

	This information collection does not include questions of a
confidential nature.

	3(g) 	Sensitive Questions

	This information collection does not include questions of a sensitive
nature.

4	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a) 	Respondents/NAICS Codes

	AHERA Rule and MAP:  There are three types of respondents for this
information collection request.  LEAs and States are involved in
recordkeeping and reporting activities associated with the Schools Rule,
while training providers and States are involved in recordkeeping and
reporting activities related to the MAP Rule.  The respondent activities
are different for each respondent type and are discussed in turn.  The
respondents to this information collection activity are elementary and
secondary school districts (NAICS code 61111), and all states (NAICS
code 92311).  Additionally, under ASHARA, the Model Accreditation Plan
(MAP) affects training providers (NAICS code 61143), and State Asbestos
Accreditation Programs (NAICS code 92312).  These respondents are
included because they are the providers and guarantors of accreditation,
respectively.

4(b) 	Information Requested

	(i)  Data Items

	AHERA Rule:  There are no specific data collection instruments used to
collect information for this activity.  The AHERA Rule required
management plans to be submitted to the States for review before October
12, 1988.  LEAs must also submit management plans to the States for
review for school buildings that have since come into operation after
October 12, 1988.  The rule continues to require recordkeeping.

	MAP:  Training providers seeking re-approval for their existing
training courses based upon the revised MAP standards, or initial
approval for new training programs based upon the increased MAP
standards, were required in 1994 to report the following data items:

-  a self-certification letter for upgraded approval pursuant to Part
IV.2 of the MAP; or

-  an application for a new training course approval pursuant to Part
III.a of the MAP.

	When a training provider offers approved training programs for
accreditation purposes, certain records must be maintained for a
three-year period in accordance with the MAP Part I.6.  e.g.,

-  copies of all instructional materials used;

-  copies of all instructor resumes and approvals;

-  copies of examinations and test scores; and

-  records relating to accreditation certificates.

	A State seeking re-approval of its existing accreditation program based
upon the new MAP standards, or initial approval of its State
accreditation program based on the new MAP standards, must report the
following data item:

-  an application for EPA approval pursuant to Part II of the MAP.

	There are no recordkeeping requirements in the MAP that relate to State
programs.

(ii)  Respondent Activities

	MAP:  Training and Accreditation

	Under AHERA, LEAs shall use trained, accredited persons to perform
asbestos-related tasks as defined by the revised MAP.  Specifically, the
MAP shall be used as a tool to accredit persons who:

- conduct inspections or reinspections for asbestos-containing material
(ACM);

- prepare and/or update management plans for elementary and secondary
schools; and

- design or carry out response actions with respect to ACM in those
schools.

ASHARA extended that requirement to similar activities in public and
commercial buildings as well (including residential buildings with 10 or
more dwelling units), with the exception of the preparation of asbestos
management plans.

	Respondents who are training entities will need to perform certain
collection activities:

-  read the regulation;

-  make any required changes to training programs;

-  retain records/materials costs (usual business practice);

-  provide reasonable access to records to EPA and/or the state, as
requested.

	Waiver for State Programs

	The AHERA Rule provides a procedure to allow states to receive a waiver
from some or all of the requirements of the rule if the state has
established and is implementing, or intends to implement, a program of
asbestos inspection and management at least as stringent as the
requirements of the rule.  The rule requires specific information to be
included in the waiver request submitted to EPA.  To date, 11 states
have been granted this waiver under the AHERA Rule.

	Respondents who are state accreditation programs will need to perform
the following collection activities:

-  read the regulation;

-  compare state program authority and the minimum requirements of the
regulation;

-  develop state legislative analysis and adopt new legislation;

-  develop state regulatory analysis and promulgate a new state
regulation;

-  prepare and submit to EPA an application for program approval; and

-  implement a state accreditation program that is not less stringent
than the regulation.

	As of February 2007, 38 states are operating state accreditation
programs under the MAP.

	AHERA Rule:

	Local Education Agencies:  Local education agency (i.e., school or
school district) reporting and recordkeeping under the Schools Rule may
be divided into two main categories:  those associated with the
management plan, and those associated with operations and maintenance
(O&M) activities.  Most of the LEA recordkeeping burden involves the
development and implementation of the management plan.

	The management plan burden varies by school type as well as by the type
of ACM found in a school.  The management plan recordkeeping and
reporting burden items include:

-  Development and submission of the management plan; and

-  Implementation of the management plan including:

		-- Time spent by the program manager to do additional activity
planning, create and gather new information, prepare written activity
reports, and record and review that information;

		-- Time spent by custodians and clerical personnel to gather, record,
process and store asbestos-related information; and

-- Annual notification of parents and other interested parties of the
presence of ACM in a school, as well as the availability of the
management plan for public review.

	The AHERA Rule required management plans to be submitted to the states
for review before October 12, 1988.  LEAs must also submit management
plans to the states for review for school buildings that have since come
into operation after October 12, 1988.  The recordkeeping activities
associated with the management plan implementation are on-going and are
therefore included in burden estimates.

	Recordkeeping Requirements:  The recordkeeping burden associated with
the development of an O&M activity plan was largely completed in the
first year of AHERA Rule implementation.  On an ongoing basis, however
(AHERA regulations also require LEAs to keep known or assumed ACBM under
periodic surveillance), the O&M plan may require updating.

	The original inspection report and any reinspection reports must be
maintained in the management plan.  Management planner recommendations
and response actions with their air sampling clearance records are also
to be kept.  Records required by the rule also include those pertaining
to fiber release episodes, periodic surveillance, training received by
workers performing operation and maintenance activities, and cleaning
activities that are part of an operations and maintenance program.  The
rule also requires LEAs to collect and retain various records that are
not part of the information included in the management plan.

	The rule requires LEAs to have accredited inspectors conduct
reinspections at least once every three years after the management plan
is in effect.  Results of this reinspection shall be recorded in the
school’s management plan, along with any necessary changes in response
actions recommended or required.

	The rule directs the LEA to select and implement in a timely manner
appropriate response actions for ACBM that are assessed by the
accredited inspector and management planner.  The rule identifies five
major response actions -- operations and maintenance (O&M), repair,
encapsulation, enclosure, and removal -- and describes appropriate
conditions under which they may be selected by the LEA.  The rule also
identifies the steps that shall be taken to properly conduct and
complete the response actions.

	After performing a thorough visual inspection of the area in which the
response action was conducted, air testing is performed to determine
whether a response action has been properly completed.  The rule as it
is in effect at this time (2007) requires the use of transmission
electron microscopy (TEM) for all removal, enclosure, encapsulation, or
repair response actions involving more than 260 linear feet or more than
160 square feet of ACBM.  The use of phase contrast microscopy (PCM) is
allowed by the rule for final air sampling where the amounts of ACBM are
less than the limits above and greater than for small projects of short
duration.

	Response actions that fail to meet prescribed air sampling standards by
the stipulated sampling methods shall have the areas re-cleaned and
re-sampled before being released for reoccupation.  Records of response
actions and subsequent air sampling clearance records must be maintained
by the LEA.

	The rule requires each LEA to maintain a copy of the management plan(s)
in its administrative office, and each school is required to maintain a
copy of its specific management plan in its administrative office.
These plans are to be made available for inspection by the public
without cost or restriction.  LEAs must notify parent, teacher, and
employee organizations of the availability of the management plans upon
submission of the management plan to the State and at least once each
school year.

	States:  States are involved in both the Schools Rule and the MAP Rule.
 In the first year of the Schools Rule, State governments were required
to establish teams to review and approve management plans submitted by
schools.  This activity, however, is assumed to have been completed, and
is therefore no longer included in burden estimates.

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

5(a) 	Agency Activities

	AHERA Rule and MAP include the following:

	-	Distribute guidance to LEAs, state designees, and others on
interpretation of AHERA;

-	Audit training provider courses and records for compliance monitoring
purposes;

-	Review state program applications packages for approval/reapproval as
they are received;

-	Maintain and revise master database of approved training providers as
required to be used as a resource for the public;

-	Revise model criteria as appropriate and develop new curricula for new
training disciplines as required;

-	Provide technical assistance to LEAs and public on implementation and
compliance with AHERA.

	5(b) 	Collection Methodology and Management

	AHERA Rule:  No specific collection methodologies or management
techniques are required.

	MAP:  The rule provides explicit instruction to training providers with
preexisting approvals who wish to upgrade and continue offering asbestos
training courses under the revised MAP standards.  Providers were to
submit a one-time self-certification in the form of a detailed letter to
EPA describing changes made to their courses for the purpose of bringing
them into compliance with the new MAP.  This was required to be done
within six months of the revised MAP taking effect.  Only one letter was
required from each training entity.  EPA then compiled a listing of all
self-certifications received by the deadline and entered them into the
existing data base of approved training providers.  After distribution
to EPA Regional Offices and state program offices, compliance and
program audits may be carried out.  New training providers are to follow
the same procedure.

	The MAP Rule also prescribes the method by which states are to make
application to EPA for accreditation program approval under the revised
MAP.  States wishing to obtain EPA program approval must make a one-time
application to the appropriate EPA Regional Office, demonstrating how
the state’s program is no less stringent than the MAP.

	5(c) 	Small Entity Flexibility

	The impact of the AHERA Rule and the MAP will primarily affect small
asbestos abatement contracting firms or accredited consultants, and
training providers that qualify for “small business” status.  Small
business training providers have a one-time only application process for
training course approvals by MAP approved states that allows for
flexibility in the way information is prepared and presented.  A small
business abatement contractor is required to keep and maintain records
on the accreditation status of supervisors and abatement workers.
Accreditation records are also kept and maintained by consultants, such
as inspectors, management planners, and project designers.  An advantage
accruing from having those records is that of obtaining and retaining
eligibility to qualify for work in asbestos control and abatement in
schools and public and commercial buildings.  With regard to worker
protection, AHERA and the MAP impose no additional requirements beyond
those that already exist in the OSHA asbestos standard or the EPA Worker
Protection Rule.

	5(d) 	Collection Schedule

	Not applicable for AHERA Rule.

	MAP:  EPA’s receipt of a complete self-certification submission from
a provider constituted immediate re-approval of the training courses.
Where state legislatures convened in January 1994, a 180-day deadline
was triggered for applying to EPA for new program approval, if needed.
States not applying for new program approval by the end of the 180-day
deadline forfeited their previous program approval, and they must then
reapply in order to re-establish their state accreditation programs.

	EPA-approved state programs may continue to receive new training course
applications indefinitely into the future.  EPA may continue to receive
state program applications from unapproved states until all states,
territories, and similar entities have ultimately obtained approval.

6	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

The original ICR for the Asbestos-Containing Materials in Schools Rule
(“Schools Rule”) based its burden estimates on a 30-year projection
to reflect the estimated remaining life span of school buildings with
Asbestos-Containing Materials (ACM).  The previous Schools Rule ICR
renewal (approved in 2007) updated values from the original ICR.  This
ICR renewal further updates values where noted in the sections below.
Burden estimates based on the Asbestos Model Accreditation Plan (MAP)
Rule were also included in the last ICR.  Those values are also updated.

There are three types of respondents for this ICR: LEAs involved in
recordkeeping and reporting activities associated with the Schools Rule,
and training providers and States involved in recordkeeping and
reporting activities related to the MAP Rule.  The respondent activities
are different for each type of respondent and are discussed in turn in
the following section.

6(a) 	Estimating Respondent Burden

	Local Education Agencies

Local education agency (i.e., school or school district) reporting and
recordkeeping activities under the Schools Rule may be divided into two
main categories: those associated with the management plan and those
associated with operations and maintenance (O&M) activities. Schools
with friable ACM incur burden for the management plan and O&M
activities, while schools with nonfriable ACM (including newly
constructed schools that are certified through an exclusionary statement
not to have specified asbestos-containing building materials in
construction) incur burden only for the management plan.

The management plan burden varies by school type as well as by the type
of ACM found in a school.  Appendix G of the Final Schools Rule Asbestos
Hazard Emergency Response Act Regulatory Impact Analysis (EPA, 1987a)
contains time and cost estimates for management and O&M plan development
and implementation for schools with friable ACM or nonfriable ACM.
Those activities incurring burden that were not completed during the
initial 10 years of implementation are shown in Worksheet 1.

Worksheet 1 indicates that the annual estimated recordkeeping burden for
schools with friable ACM is approximately 35 hours for public primary
schools and private schools, and 58 hours for public secondary schools.
For schools with nonfriable ACM only (including newly constructed
schools covered by exclusionary statements), the annual estimated
recordkeeping burden is 15 hours for public primary schools and private
schools, and 28 hours for public secondary schools.  This approach may
overstate the respondent burden for newly constructed schools covered by
exclusionary statements because these schools will not incur a burden
related to records of inspection, re-inspection, response actions and
periodic surveillance.  However, newly constructed schools covered by
exclusionary statements still would need to keep certain information and
records up-to-date.  This includes name and training records for the
AHERA Designated Person and dated copies of each year’s annual
notification of the management plans availability to parents, teachers
and employees, along with a description of the steps taken to provide
the notification.

Worksheet 1: Annual Respondent Burden per Local Education Agency
(Hours)

Burden Hour Elements	School Type

	Public Primary or Private	Public     Secondary

Schools With Friable Asbestos-Containing Materials

Implement Management Plan

Asbestos program manager - Activity planning, create and gather
information, prepare activity reports, record and review information	10
15

Custodial - Gather, record, process and store information	4	8

Clerical - Gather, record, process and store information	16	30

Total Management Plan	30	53

Implement Operations and Maintenance (O&M) Plan

Asbestos program manager - Activity planning, create and gather
information, prepare activity reports, record and review information	2	2

Custodial - Gather, record, process and store information	1	1

Clerical - Gather, record, process and store information	2	2

Total O&M Plan	5	5

Total recordkeeping burden per school with Friable ACM	35	58

Schools With Nonfriable Asbestos-Containing Materials Only

Implement Management Plan

Asbestos program manager - Activity planning, create and gather
information, prepare activity reports, record and review information	5	8

Custodial - Gather, record, process and store information	4	8

Clerical - Gather, record, process and store information	6	12

Total recordkeeping burden per school with Nonfriable ACM	15	28

Source:  EPA. 1987.  AHERA Economic Impact Analysis; Table 11 and
Appendix G: “Second Year Implementation Costs.”  Nonfriable ACM does
not require an O&M Plan.

States

States are involved in both the Schools Rule and the MAP Rule.  State
activities related to the Schools Rule were completed during the first
10 years of program implementation.  The MAP Rule went into effect in
1994, at which time states were to apply to EPA for new program
approval.  For the purposes of this analysis, all states are assumed to
have completed accreditation program approval during previous ICR
periods.  Therefore, no burden for initial state activities is included
in this ICR.

For all states with EPA-approved accreditation programs, an on-going
burden associated with the MAP Rule is the implementation of state
accreditation programs.  Annual burden estimates from the MAP Rule are
given in Worksheet 2.  These estimates assume that all states have
approved accreditation programs.  In cases where a state does not have
an approved program, the burden would be shifted to EPA.  This
assumption provides the most conservative estimates of state burdens.

Worksheet 2: Annual Respondent Burden per State or Territory (Hours)

Burden Hour Elements	Labor Category	Total Hours

	Management	Technical	Clerical

	Annual activities

Implement a state accreditation program that is not less stringent than
the regulation	8	23	109	140

Total annual activities	8	23	109	140

Source: EPA. 1993. Supplemental ICR for the Asbestos-Containing
Materials in Schools Rule. (EPA ICR #1365).

Training Providers

Training providers were required to recertify under the revised MAP.
Providing access to records is expected to take 5.5 hours per year per
training provider, as indicated in Worksheet 3, while the retention of
the records is considered a customary and usual business practice.
Therefore, no additional burden is associated with this task.

Worksheet 3: Annual Respondent Burden per Training Provider (Hours)

Burden Hour Elements	Labor Category	Freq/Year	Total Hours

	Clerical

Annual activities

	1.  Retain records	0	N/A	0

2.  Provide reasonable access to records to EPA or state	0.5	11	5.5

Total annual activities	0.5	11	5.5

6(b) 	Estimating Respondent Costs

The cost estimates addressed in this section are based on the burden
estimates discussed above and additional non-wage costs discussed below.
 Wage rates (including benefits) have been updated from the values in
the AHERA RIA (EPA, 1987a), the Supplemental ICR for the
Asbestos-Containing Materials in Schools Rule (EPA, 1993), and the
previous ICR (EPA, 2007) to reflect 2010 levels.  Methods for updating
hourly wage rates to 2010 levels are discussed for each respondent
category.

Local Education Agencies

The implementation cost to LEAs of the Schools Rule includes the wages
associated with the burden estimates in Section 6(a).  Labor costs were
updated to 2010 using mean hourly wage rates from the Bureau of Labor
Statistics’ National Industry-Specific Occupational Employment and
Wage Estimates, the Employment Cost Index for wages and salaries, and
the Employer Costs for Employee Compensation, as follows:

The school asbestos program manager, custodian, and clerical staff
hourly wages were $25.87, $14.06, and $15.69 for 2009, the most recent
year for which data are available.  They are based on the mean hourly
wages for Occupational Health and Safety Specialists and Technicians,
Building and Grounds Cleaning and Maintenance Occupations, and Office
and Administrative Support Occupations, respectively.  These wage rates
are specific to Elementary and Secondary Schools (NAICS 611100) and are
based on data from both public and private schools (BLS, 2010c).

According to the Employment Cost Index, wages and salaries rose by 1.7
percent during the period of May 2009 to May 2010 for these workers, and
wages and salaries used in this analysis have been increased by this
amount (BLS, 2010a).

According to the Employer Costs for Employee Compensation, wages and
salaries accounted for 65.9 percent of total compensation for school
employees as of September 2006.  Based on this information, a loading
factor of 1.517 (1/0.659) was applied to the mean hourly wage rate to
estimate total hourly compensation for school employees (BLS, 2010b).

The updated, estimated 2006 total hourly compensation for school
asbestos program manager, custodian, and clerical staff are $39.91,
$21.69, and $24.21, respectively.

These values were used in Worksheet 4 to calculate current recordkeeping
and reporting costs to schools with friable and/or nonfriable ACM, as
shown below.  In addition, schools are required to provide annual
notification to parents and other interested parties of the presence of
ACM, as well as the availability of the management plan for public
review.  The AHERA RIA estimated the annual notification cost to be $56
per school (EPA, 1987a).  This figure was updated to $93 in 2010 dollars
using the implicit price deflator for the Gross Domestic Product (GDP)
(Dept. of Commerce, 2010).

Worksheet 4 indicates that the annual reporting costs for schools range
from $525 for public primary schools or private schools with only
nonfriable ACM, to $1,649 for public secondary schools with friable ACM.

Worksheet 4: Annual Cost per Local Education Agency (2010$)

Activities

School Type

	Total Hourly Compensation	Public Primary and Private	Public Secondary

Schools With Friable Asbestos-Containing Materials

Implement Management Plan

	Asbestos program manager - Activity planning, create and gather
information, prepare activity reports, record and review information
$39.91	$399	$599

Custodial - Gather, record, process and store information	$21.69	$87
$174

Clerical - Gather, record, process and store information	$24.21	$387
$726

Total Management Plan

$873	$1,499

Implement Operations and Maintenance (O&M) Plan

	Asbestos program manager - Activity planning, create and gather
information, prepare activity reports, record and review information
$39.91	$80	$80

Custodial - Gather, record, process and store information	$21.69	$22	$22

Clerical - Gather, record, process and store information	$24.21	$48	$48

Total O&M Plan

$150	$150

Estimated Cost per School	$1,116	$1,649

Schools With Nonfriable Asbestos-Containing Materials Only

Implement Management Plan

	Asbestos program manager - Activity planning, create and gather
information, prepare activity reports, record and review information
$39.91	$200	$319

Custodial - Gather, record, process and store information	$21.69	$87
$174

Clerical - Gather, record, process and store information	$24.21	$145
$291

Estimated Cost per School	$525	$877

Source:  EPA.  1987.  AHERA Economic Impact Analysis; Table 11 and
Appendix G: "Second Year Implementation Costs."  Nonfriable ACM does not
require O&M. Cost per School includes $88 for Notification Costs.

States

As discussed in Section 6(a), states have no additional costs associated
with the Schools Rule.  Under the MAP Rule, state accreditation programs
are required at least to meet the standards of the revised MAP.  The
burden estimates associated with the MAP Rule are given in Section 6(a).
 No additional costs for materials were given in the Supplemental ICR
for the Asbestos-Containing Materials in Schools Rule (ICR #1365) (EPA,
1993).  Worksheet 5 shows the estimated annual cost of state compliance
with the MAP Rule is $4,436.

Wage rates were updated to 2010 using mean hourly wage rates from the
Bureau of Labor Statistics’ National Industry-Specific Occupational
Employment and Wage Estimates, the Employment Cost Index for wages and
salaries, and the Employer Costs for Employee Compensation, as follows:

The state managerial, technical, and clerical staff hourly wages for
2009, the most recent year for which data are available, were $37.74,
$27.15, and $17.88, based on the mean hourly wages for Management
Occupations, Environmental Scientists and Specialists, Including Health,
Office and Administrative Support Occupations, respectively.  These wage
rates are specific to State Government (NAICS 999200) (BLS, 2010c).

According to the Employment Cost Index, wages and salaries rose by 1.7
percent during the period of May 2009 to May 2010 for these workers, and
wages and salaries were inflated by this amount (BLS, 2010a).

According to the Employer Costs for Employee Compensation, wages and
salaries accounted for 65.9 percent of total compensation for state
employees as of December 2009.  Based on this information, a loading
factor of 1.517  (1.0/0.659) was applied to the mean hourly wage rate to
estimate total hourly compensation for school employees (BLS, 2010b).

The updated estimated 2010 total hourly compensation for state
managerial, technical, and clerical staff are $58.22, $41.89, and
$27.59, respectively.

Worksheet 5 shows the estimated annual cost of State compliance with the
MAP Rule is $4,436 per state.

Worksheet 5: Annual Cost per State/Territory (2010$)

	Labor Categories

	Activities	Management	Technical	Clerical	Total

	$58.22/hour	$41.89/hour	$27.59/our

	Implement a state accreditation program that is not less stringent than
the regulation	$466

$963	$3,007

	Estimated Cost per State/Territory	$466	$963	$3,007	$4,436

Training Providers

The reporting and recordkeeping burden under the MAP Rule for asbestos
training providers is described in Section 6(a).  Providing access to
records is expected to take 5.5 hours per year per training provider,
and to be done by clerical staff.  Wage rates were updated to 2010 using
mean hourly wage rates from the Bureau of Labor Statistics’ National
Industry-Specific Occupational Employment and Wage Estimates, the
Employment Cost Index for wages and salaries, and the Employer Costs for
Employee Compensation, as follows:

The training provider clerical staff hourly wage for 2009, the most
recent year for which data are available, was $16.48 based on the mean
hourly wage for Administrative Support Occupations.  This wage rates is
specific to Business Schools and Computer and Management Training (NAICS
611400) (BLS, 2010c).

According to the Employment Cost Index, wages and salaries rose by 1.6
percent during the period of May 2009 to May 2010 for these workers, and
wages and salaries were inflated by this amount (BLS, 2010a).

According to the Employer Costs for Employee Compensation, wages and
salaries accounted for 75.5 percent of total compensation for employees
of service producing private industry as of December 2009.  Based on
this information, a loading factor of 1.325 (1.0/0.755) was applied to
the mean hourly wage rate to estimate total hourly compensation for
training provider staff (BLS, 2010b).

The updated estimated 2010 total hourly compensation for training
provider clerical staff is $22.19.

In addition, training providers are expected to incur materials costs
associated with the annual recordkeeping requirements of the MAP Rule.
Those costs were estimated to be $436 in the MAP Rule (EPA, 1993), which
was updated to $591 in the previous ICR.  This figure was again updated
to $628 in 2010 dollars using the implicit price deflator for the Gross
Domestic Product (GDP) (Dept. of Commerce, 2010).

Worksheet 6 shows the estimated annual cost of training provider
compliance with the MAP Rule is $750 per training provider.

Worksheet 6: Annual Cost per Training Provider (2010$)

	Labor Category	Freq/Year	Total

	Clerical

	$22.19/hour

Activities

1.  Retain records	N/A	N/A	$628

2.  Provide reasonable access to records to EPA or State	$11.10	11	$122

Estimated Cost per Provider	$11.10	11	$750

6(c) 	Estimating Agency Burden and Cost

Agency burden and cost estimates are presented in Worksheets 7 and 8.

EPA Burden

EPA conducts implementation activities associated with the Schools Rule.
 In the AHERA RIA (EPA, 1987a), EPA estimated that Federal
implementation of the Schools Rule would require the services of eight
full-time equivalent (FTEs) employees in the first year, four FTEs in
years two to four, and two FTEs in subsequent years.  Because the rule
is now past the initial four-year period, the remaining EPA burden from
implementing the Schools Rule is two FTEs annually.  This represents an
annual burden of 4,160 hours.

In addition, an estimated 220 hours per year of management and technical
labor are required to respond to questions about the MAP Rule.  The
annual burden from both rules combined is estimated to be 4,380 hours in
subsequent years.

The EPA regional burden associated with auditing training provider
courses and records is expected to be approximately 144 hours per year
per regional office.

Worksheet 7: Annual Agency Burden Estimates for EPA Headquarters and
Regional Offices (Hours)

Activity	Labor Category	Freq/ Year	Total

	Management	Technical

EPA Headquarters

1.  Perform recordkeeping tasks under the Schools Rule	0	4,160	N/A	4,160

2.  Answer respondent questions about the MAP Rule	20	200	N/A	220

Total Headquarters	20	4,360

4,380

EPA Regional Offices

1.  Audit training provider courses and records for compliance
monitoring purposes	0	8	18	144

Total per Region	0	8	18	144

EPA Costs

Consistent with previous ICRs, technical tasks are expected to be
completed by staff at the GS-13 level, and management tasks at the GS-15
level.  The 2010 GS-13 level, step 5 hourly compensation was $77.36 for
technical staff, while the 2006 GS-15 level, step 5 hourly compensation
was $107.54 for managerial staff (OPM, 2010).  These hourly rates
include the standard 60 percent loading factor for EPA personnel.

Estimates incorporating these hourly compensation rates and the burden
hour estimates from the previous section are shown in Worksheet 8.
Total annual costs for EPA Headquarters are estimated at $339,441.
Total annual costs for EPA Regional Offices are estimated at $11,140 per
region, or $111,400 for all 10 regions.

Worksheet 8: Annual Agency Cost Estimates for EPA Headquarters and
Regional Offices

(2010 $)

Activity

	Labor Category	Freq/Year	Total

	Management

$107.54/hour	Technical

$77.36/hour

EPA Headquarters

1.  Perform recordkeeping tasks under the Schools Rule	$0	$321,818	N/A
$321,818

2.  Answer respondent questions about the MAP Rule	$2,151	$15,472	N/A
$17,623

Total Headquarters	$2,151	$337,290

$339,441

EPA Regional Offices

1.  Audit training provider courses and records for compliance
monitoring purposes	$0	$619	18	$11,140

Total per Region	$0	$619	18	$11,140

6(d) 	Bottom Line Burden Hours and Costs

Table 4 and Appendix G of the AHERA RIA (EPA, 1987a), and Figure 2,
Addendum to ICR #2070-0091 Asbestos in Schools Rule (EPA, 1987b),
estimate the change in number of schools with friable and nonfriable ACM
over the implementation period of the rule.  The intent of the Schools
Rule is that all schools have a management plan, and that schools with
friable ACM also have an O&M plan.  The number of school respondents in
this ICR renewal is based on the average number of affected schools of
each type for years 23 through 25 of program implementation, which is an
extension of the method used in the previous ICR.  The total number of
public and private schools is based on 2007-2008 data obtained from the
U.S. Department of Education’s National Center for Education
Statistics (Dept of Education, 2010).

As in previous ICRs, the total number of training providers is estimated
using the latest National Directory of AHERA Accredited Courses,
compiled by EPA.  According to the most recent 2009 data available,
there are currently 1,268 accredited training providers (EPA, 2009).
This is a significant increase from the previous ICR, in which there
were 636 accredited training providers listed.  Based on the unit burden
estimates from Section 6(a) and the unit cost estimates from Section
6(b), estimated annual recordkeeping burden for all training providers
is 6,974 hours and the estimated annual cost is $951,000.

The MAP rule affects all 50 states, the District of Columbia, and the
U.S. territories, for a total of 56 states and territories.  Based on
the unit burden estimates from Section 6(a) and the unit cost estimates
from Section 6(b), estimated annual recordkeeping burden for all states
and territories is 7,840 hours and the estimated annual cost is
$248,416.

Based on these estimates of numbers of respondents, unit costs, and
burdens, the total respondent and EPA tallies are shown in the following
tables.

(i) The respondent tally

Average Annual Respondent Aggregation Table

	Number of Entities	Unit Burden	Total Burden	Unit Cost	Total Cost

Local Education Agencies

	Schools with Friable ACM

	Public Primary	3,975	35	139,125	$1,116	$4,436,100

Public Secondary	2,341	58	135,778	$1,649	$3,860,309

Private	2,004	35	70,140	$1,116	$2,236,464

Schools with Nonfriable ACM

	Public Primary	64,293	15	964,395	$525	$33,753,825

Public Secondary	28,307	28	792,596	$877	$24,825,239

Private	31,736	15	476,040	$525	$16,661,400

Subtotal 	132,656

2,578,074

$85,773,337

Training Providers	1,268	5.5	6,974	$750	$951,000

States/Territories	56	140	7,840	$4,436	$248,416

Total	133,980

2,592,888

$86,972,753

(ii) The Agency tally

Average Annual Agency Aggregation Table

	Number of Entities	Unit Burden	Total Burden	Unit Cost	Total Cost

Headquarters	1	4,380	4,380	$339,441	$339,441

Regions	10	144	1,440	$11,140	$111,400

Total

	5,820

$450,841

6(e) 	Reasons For Change in Burden

The average estimated number of schools of each type in the three years
of this ICR renewal period (years 23 through 25 of the implementation
period) is used with the unit burden estimates to derive an annual
burden estimate.  This ICR renewal follows the same methods of
estimating numbers of schools with friable and nonfriable asbestos as
the previous ICR renewal.

The total burden estimate for respondents has increased since the most
recently approved renewal of this ICR because of adjustments for Local
Education Agencies and Training Providers. While the numbers of schools
with friable ACM have declined, that decrease is less than the increase
in the number of schools with nonfriable ACM, resulting in higher totals
overall. The total annual burden for this information collection is
currently estimated to be 2,592,888 hours per year. This is a 2.3
percent increase above the annual burden of 2,530,600 hours in the most
recently approved clearance of this information collection request. Most
of this increase is associated with the increase in the number of
schools with nonfriable ACM. The number of training providers has almost
doubled since the previous ICR, but this has had only a small impact on
the overall burden from this data collection.

Changes in Respondent Burden

	Burden Hour Estimates	Percent Change

Respondent Type	Previous	Current	Difference

	Local Education Agencies	2,519,262	2,578,074	58,812	2.3 %

Training Providers	3,498	6,974	3,476	99.4 %

States/Territories	7,840	7,840	0	0 %

Total	2,530,600	2,592,888	62,288	2.5 %

6(f)  	Burden Statement

The annual public burden for this collection of information, which is
approved under OMB Control No. 2070-0091, is estimated to be 20.15 hours
per response for schools, 140 hours per response for states, and 5.5
hours per response for training providers.  According to the Paperwork
Reduction Act, “burden” means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or disclose
or provide information to or for a Federal agency.  For this collection
it includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.  An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a
currently valid OMB control number.  The OMB control number for this
information collection appears above.  The OMB control numbers for
EPA’s regulations in title 40 of the CFR, after appearing in the
Federal Register, are listed in 40 CFR part 9 and included on the
related collection instrument or form, if applicable.

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 No.
EPA-HQ-OPPT-2010-0568.  The docket is available for public viewing at
the Pollution Prevention and Toxics Docket in the EPA Docket Center
(EPA/DC).  The EPA/DC Public Reading Room is located in the EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC.  The
EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the Pollution Prevention and Toxics Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available through the Federal
Docket Management System (FDMS) at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov .  Use FDMS 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.  Once 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, DC 20503,
Attention: Desk Office for EPA.  Please include the EPA Docket ID No.
EPA-HQ-OPPT-2010-0568 and OMB control number 2070-0091 in any
correspondence.

References

U.S. Bureau of Labor Statistics. 2010a. Employment Cost Index --- March
2010. News Release of April 30, 2010. Table 2. Employment Cost Index for
wages and salaries, by occupational group and industry. Web site
http://www.bls.gov/schedule/archives/eci_nr.htm.

U.S. Bureau of Labor Statistics. 2010b. Employer Costs for Employee
Compensation ---December 2009. Table 3. Employer costs ... and costs as
a percent of total compensation: State and local government workers ....
Table 5. Employer costs ... and costs as a percent of total
compensation: Private industry workers .... News Release of March 10,
2010. Web site http://www.bls.gov/schedule/archives/ecec_nr.htm.

U.S. Bureau of Labor Statistics. 2010c. Occupational Employment
Statistics: May 2009 National Industry-Specific Occupational Employment
and Wage Estimates. Web site     HYPERLINK
"http://www.bls.gov/oes/2009/may/naics4_611400.htm for NAICS 611400"
http://www.bls.gov/oes/2009/may/naics4_611400.htm for NAICS 611400  and
SOCs 29-9011, 37-0000, and 43-0000;   HYPERLINK
"http://www.bls.gov/oes/2009/may/naics4_611100.htm for NAICS 611100"
http://www.bls.gov/oes/2009/may/naics4_611100.htm for NAICS 611100  and
SOCs 11-0000 and 43-0000; and   HYPERLINK
"http://www.bls.gov/oes/2009/may/naics4_999200.htm for NAICS 999200"
http://www.bls.gov/oes/2009/may/naics4_999200.htm for NAICS 999200  and
SOCs 11-0000, 19-2041, and 43-0000.

U.S. Department of Commerce. 2010.  Bureau of Economic Analysis.  Gross
Domestic Product:

Implicit Price Deflator. Accessed through the Saint Louis Federal
Reserve Bank at
http://research.stlouisfed.org/fred2/series/GDPDEF/downloaddata?cid=21.
Series ID GDPDEF, Gross Domestic Product Implicit Price Deflator.  Index
2005=100.

U.S. Department of Education.  April 2010.  National Center for
Education Statistics.  Digest of Education Statistics: 2009.  Table 86:
Number of public school districts and public and private elementary and
secondary schools.  Web site
http://nces.ed.gov/programs/digest/d09/tables/dt09_086.asp

U.S. EPA. 1987a.  Office of Toxic Substances, Economics and Technology
Division. Asbestos

Hazard Emergency Response Act Regulatory Impact Analysis. September,
1987.

U.S. EPA. 1987b.  Office of Pesticides and Toxic Substances.  Addendum
to ICR #2070-0091

Asbestos-In-Schools Rule. October, 1987.

U.S. EPA. 1991. ICR Renewal for the Asbestos Hazard Emergency Response
Act (AHERA),

Title II of the Toxic Substances Control Act (TSCA) -
Asbestos-Containing Materials in Schools Rule. OMB No. 2070-0091. EPA
ICR #1365.

U.S. EPA. 1993. Supplemental ICR for the Asbestos-Containing Materials
in Schools Rule.

OMB No. 2070-0091. EPA ICR #1365.

U.S. EPA. 1994. Renewal ICR for the Asbestos-Containing Materials in
Schools Rule. OMB No.  2070-0091. EPA ICR #1365.

U.S. EPA. 1997. Renewal ICR for the Asbestos-Containing Materials in
Schools Rule. OMB No.

2070-0091. EPA ICR #1365.

U.S. EPA. 2001. Renewal ICR for the Asbestos-Containing Materials in
Schools Rule. OMB No.

2070-0091. EPA ICR #1365.

U.S. EPA. 2004.  Renewal ICR for the Asbestos-Containing Materials in
Schools Rule. OMB

No. 2070-0091. EPA ICR #1365.

U.S. EPA. 2007.  Renewal ICR for the Asbestos-Containing Materials in
Schools Rule. OMB

No. 2070-0091. EPA ICR #1365.

U.S. EPA. 2009. Office of Pollution Prevention and Toxics. . National
Directory of AHERA Accredited Courses, Active Training Provider List.
June 2009. Web site http://www.epa.gov/asbestos/pubs/provname.pdf.

U.S. Office of Personnel Management. 2010. Salary Table 2010-DCB. Web
Site

  HYPERLINK "http://www.opm.gov/oca/06tables/html/dcb.asp"
http://www.opm.gov/oca/10tables/html/dcb_h.pdf .

ATTACHMENTS:

Attachment A	Asbestos Hazard Emergency Response Act, Section 203

Attachment B		Asbestos Hazard Emergency Response Act, Section 206

Attachment C	Asbestos-Containing Materials in Schools Rule (40 CFR 763,
Subpart E)

Attachment D	Model Accreditation Plan (40 CFR 763, Subpart E, Appendix
C)

Attachment E           Worksheet A-1: Annual Recordkeeping Burden, by
School Type and      Asbestos Type, Revised for Years 20 through 22

Worksheet A-2:  Annual Recordkeeping Cost, by School Type and Asbestos
Type, Revised for Years 20 through 22

Attachment F		Copies of Consultation Letters Sent and Received

 The wage figure used for Occupational Health and Safety Specialists and
Technicians is a weighted average, by employment, of the wages for the
separate groups of Specialists and Technicians, and is for Local
Government specifically.

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[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22772-22773]
[FR Doc No: 2015-09453]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2012-0332]

Qualification of Drivers; Application for Exemptions; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant requests from 4
individuals for exemptions from the Agency's physical qualifications
standard concerning hearing for interstate drivers. The current
regulation prohibits individuals who do not meet the standard from
operating CMVs in interstate commerce. After notice and opportunity for
public comment, the Agency concluded that granting exemptions for these
CMV drivers will provide a level of safety that is equivalent to or
greater than the level of safety maintained without the exemptions. The
exemptions are valid for a 2-year peiod and may be renewed, and the
exemptions preempt State laws and regulations.

DATES: The exemptions are effective April 23, 2015. The exemptions
expire on April 24, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov and/or Room W12-140 on the ground
level of the West Building, 1200 New Jersey Avenue SE., Washington, DC,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period. The current provisions of the FMCSRs
concerning hearing state that a person is physically qualified to drive
a CMV if that person:

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
    FMCSA grants 4 individuals an exemption from the regulatory
requirement in Sec.  391.41(b)(11) allowing individuals who do not meet
the hearing requirements to operate CMVs in interstate commerce for a
2-year period. The Agency's decision on these exemption applications is
based on the current medical literature and information and the
``Executive Summary on Hearing, Vestibular Function and Commercial
Motor Driving Safety'' (the 2008 Evidence Report) presented to FMCSA on
August 26, 2008. The evidence report reached two conclusions regarding
the matter of hearing loss and CMV driver safety: (1) No studies that
examined the relationship between hearing loss and crash risk
exclusively among CMV drivers were identified; and (2) evidence from
studies of the private driver license holder population does not
support the contention that individuals with hearing impairment are at
an increased risk for a crash. In addition, the Agency reviewed the
applicant's driving record found in the CDLIS,\1\ for CDL holders, and
interstate and intrastate inspections recorded in MCMIS.\2\ The Agency
acknowledges there could be potential consequences of a driver being
hearing impaired and/or deaf while operating a CMV under some
scenarios. However, the Agency believes the drivers covered by the
exemptions do not pose a risk to public safety.
---------------------------------------------------------------------------

    \1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of 51 licensing jurisdictions and the CDLIS Central Site,
all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
---------------------------------------------------------------------------

C. Comments

    FMCSA announced the exemption applications and requested public
comment for each of the applicants in the notices below. For those
applicants discussed in a previous notice but who are not mentioned in
this notice, the Agency has announced its decision in a previous
notice.

Docket # FMCSA-2012-0154

    On May 25, 2012, FMCSA published a notice of receipt of exemption
applications and requested public comment on 45 individuals. The
comment period ended on July 30, 2012. This application was in response
to a request from the National Association of the Deaf (NAD). In
response to this notice, FMCSA received 570 comments and granted 40
exemptions. The 570 comments were addressed in the Agency's notice
published on February 1, 2013 (78 FR 7479).

Docket # FMCSA-2012-0332

    On July 16, 2013, FMCSA published a notice of receipt of exemption
applications and requested public comment on 9 individuals. The comment
period ended on August 15, 2013. In response to the notice, FMCSA
received seven comments. All seven commenters support the idea of
granting exemptions.

D. Exemptions Granted

    Following individualized assessments of the exemption applications,
FMCSA grants exemptions from 49 CFR 391.41(b)(11) to 4 individuals.
Under current FMCSA regulations, all of the 4 drivers receiving
exemptions from 49 CFR 391.41(b)(11) would have been

considered physically qualified to drive a CMV in interstate commerce
except that they do not meet the hearing requirement. FMCSA has
determined that the following applicants should be granted an
exemption.

Donald Lynch

    Mr. Lynch, 38, holds a driver's license from the state of Florida.

Zachary Rietz

    Mr. Rietz, 32, holds a driver's license from the state of Texas.

Bryon Smith

    Mr. Smith, 28, holds a driver's license from the state of
Louisiana.

Billy J. Warnock

    Mr. Warnock, 43, holds a driver's license from the state of
Indiana.

E. Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the hearing standard in 49 CFR 391.41(b)(11) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. With the exemption, applicants can
drive in interstate commerce. Thus, the Agency's analysis focuses on
whether an equal or greater level of safety is likely to be achieved by
permitting each of these drivers to drive in interstate commerce as
opposed to restricting him or her to driving in intrastate commerce.
Based on its review of each driver's record, the Agency has concluded
that allowing these applicants to drive in interstate commerce will
achieve an equal level of safety. Each driver must comply with the
terms and conditions of the exemption. This includes reporting any
crashes or accidents as defined in 49 CFR 390.5 and reporting all
citations and convictions for disqualifying offenses under 49 CFR part
383 and 40 CFR part 391.

Conclusion

    The Agency is granting exemptions from the hearing standard, 49 CFR
391.41(b)(11), to 4 individuals based on an evaluation of each driver's
safety experience. Safety analysis of information relating to these 4
applicants meets the burden of showing that granting the exemptions
would achieve a level of safety that is equivalent to or greater than
the level that would be achieved without the exemption. By granting the
exemptions, the CMV industry will gain 4 additional CMV drivers. In
accordance with 49 U.S.C. 31315, each exemption will be valid for 2
years from the effective date with annual recertification required
unless revoked earlier by FMCSA. The exemption will be revoked if the
following occurs: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained prior to being granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and 31315.
    FMCSA exempts the following 4 drivers for a period of 2 years from
the physical qualification standard concerning hearing: Donald Lynch
(FL); Zachary Rietz (TX); Byron Smith (LA); and Billy J. Warnock (IN).

    Issued on: April 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-09453 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63593-63595]
[FR Doc No: 2015-26521]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76150; File No. SR-C2-2015-024]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
to Amend the Fees Schedule

October 14, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 2, 2015, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    C2 Options Exchange, Incorporated (the ``Exchange'' or ``C2'')
proposes to amend the Fees Schedule. The text of the proposed rule
change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange 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. The Exchange 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
    The Exchange proposes to amend the Fees Schedule. Specifically, the
Exchange proposes to make changes to the Continuing Education Fees
section of the Fees Schedule to provide that continuing education for
all registration except the Series 56 will be $55 if conducted via Web-
delivery. Continuing education for all registration except the Series
56 will remain $100 if conducted at a testing center.
    On August 8, 2015, the Securities and Exchange Commission approved
SR-FINRA-2015-015 relating proposed changes to FINRA Rule 1250 to
provide a Web-based delivery method for completing the Regulatory
Element of the continuing education requirements.\3\ Pursuant to the
rule change, effective October 1, 2015, the Regulatory Element of the
Continuing Education Programs for the S106 for Investment Company and
Variable Contracts Representatives, the S201 for registered principles
and supervisors, and the S901 for Operations Professionals will be
administered through Web-based delivery or such other technological
manner and format as specified by FINRA. The Regulatory Element of
these Continuing Education Programs will continue to be offered at
testing centers through January 4, 2016. Pursuant to the

Approval Order to SR-FINRA-2015-015, the fee for test-center delivery
of the Regulatory Element of the S106, S201, and S901 Continuing
Education Programs will continue to be $100 per session through January
4, 2016 when the programs will no longer be offered at testing centers.
The fee for Web-based delivery of the Regulatory Elements of the S106,
S201, and S901 Continuing Education Programs, however, will be $55.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 75581 (July 31,
2015), 80 FR 47018 (August 6, 2015) (Order Approving a Proposed Rule
Change to Provide a Web-based Delivery Method for Completing the
Regulatory Element of the Continuing Education Requirements) (SR-
FINRA-2015-015).
---------------------------------------------------------------------------

    The Exchange currently utilizes FINRA's Continuing Education
Programs for its own continuing education requirements. Consistent with
SR-FINRA-2015-015, the Exchange [sic] recently filed SR-CBOE-2015-084
\4\ relating to continuing education. In that filing, the Exchange
[sic] proposed to follow the changes set forth in SR-FINRA-2015-015
with respect to Web-based delivery of the Regulatory Element of the
Continuing Education Programs for the S106 for Investment Company and
Variable Contracts Representatives, the S201 for registered principles
and supervisors, and the S901 for Operations Professionals. Consistent
with SR-CBOE-2015-084, this proposed rule change, proposes to amend the
Fees Schedule to provide that effective immediately, the fee for Web-
based delivery of the Regulatory Elements of the S106, S201, and S901
Continuing Education Programs will be $55. The fee test-center delivery
of the Regulatory Element of the S106, S201, and S901 Continuing
Education Programs will continue to be $100 per session through January
4, 2016 when the programs will no longer be offered at testing centers.
At that time, the Exchange will file another fee filing to remove the
test center option for delivery of the Regulatory Element from the Fees
Schedule.
---------------------------------------------------------------------------

    \4\ Available at http://www.cboe.com/publish/RuleFilingsSEC/SR-CBOE-2015-084.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\5\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \6\ requirements that the rules of
an exchange be 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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \7\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

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

    In particular, the Web-based delivery method for continuing
education is in the interest of investors and free and open markets. In
general, Web-based delivery will remove time parameters that exist with
respect to taking continuing education at testing centers. Having
additional time to take continuing education may result in better
learning outcomes, which should enhance investor protection. In
addition, the option to have Web-based delivery of the Regulatory
Element of the S106, S201, and S901 Continuing Education Programs at a
reduced cost lowers barriers to entry and removes impediments to a free
and open market and national market system by making it easier and less
costly for Trading Permit Holders to participate in the market.
Accordingly, the Exchange believes that Web-based delivery of the
Regulatory Element of the S106, S201, and S901 Continuing Education
Programs and reducing the costs of continuing education in general are
goals that are consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. As FINRA has stated, the
proposed rule change is specifically intended to reduce the burdens of
continuing education on market participants while preserving the
integrity of the S106, S201, and S901 Continuing Education Programs. In
general, reduction in cost and removal of barriers to entry encourages
competition among market participants, particularly in situations where
such rules are employed universally across the markets. By bringing the
Exchange's fees structure in line with that of FINRA, the Exchange
believes it is removing impediments to free and open markets and
encouraging competition between the Exchange and other markets that use
the S106, S201, and S901 Continuing Education Programs. Accordingly,
the Exchange further believes that the proposed rule change will
relieve burdens on, and otherwise promote competition.

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

    The Exchange neither solicited nor received written comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2015-024 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2015-024. This file
number should be included on the subject line if email 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 Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal offices 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-C2-2015-024, and should be
submitted on or before November 10, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26521 Filed 10-19-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45933-45934]
[FR Doc No: 2023-15146]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2023-0002]

Advisory Committee on Construction Safety and Health (ACCSH):
Notice of Meetings

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

ACTION: Notice of ACCSH Committee and Workgroup meetings.

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

SUMMARY: The Advisory Committee on Construction Safety and Health
(ACCSH) will meet August 9, 2023. ACCSH Workgroups will meet on August
10, 2023.

DATES:
    ACCSH meeting: ACCSH will meet from 9 a.m. to 4 p.m., EDT,
Wednesday, August 9, 2023.
    ACCSH Workgroup meetings: ACCSH Workgroups will meet Thursday,
August 10, 2023. (See ACCSH Workgroup Meetings in the SUPPLEMENTARY
INFORMATION section of this notice for ACCSH Workgroup meetings
scheduled times.)

ADDRESSES:
    Submission of comments and requests to speak: Submit comments and
requests to speak at the ACCSH meeting by Thursday, August 3, 2023,
identified by the docket number for this Federal Register notice
(Docket No. OSHA-2023-0002), using the following method:
    Electronically: Comments and requests to speak, including
attachments, must be submitted electronically at: https://www.regulations.gov, the Federal eRulemaking Portal. Follow the online
instructions for submitting comments.
    Requests for special accommodations: Submit requests for special
accommodations for this ACCSH meeting by Thursday, August 3, 2023, to
Ms. Gretta Jameson, OSHA, Directorate of Construction, U.S. Department
of Labor; telephone:<PHONE_NUMBER>; email: [email protected].

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, U.S. Department of Labor; telephone<PHONE_NUMBER>;
email: [email protected].
    For general information about ACCSH: Mr. Damon Bonneau, OSHA,
Directorate of Construction, U.S. Department of Labor; telephone (202)
693-2183; email: [email protected].
    Telecommunication requirements: For additional information about
the telecommunication requirements for the meeting, please contact Ms.
Gretta Jameson, OSHA, Directorate of Construction, U.S. Department of
Labor; telephone:<PHONE_NUMBER>; email: [email protected].
    For copies of this Federal Register Notice: Electronic copies of
this Federal Register Notice are available at: https://www.regulations.gov. This notice, as well as news releases and other
relevant information, are also available on OSHA's website at
www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    ACCSH advises the Secretary of Labor and the Assistant Secretary of
Labor for Occupational Safety and Health (Assistant Secretary) in the
formulation of standards affecting the construction industry, and on
policy matters arising in the administration of the safety and health
provisions under the Contract Work Hours and Safety Standards Act
(Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the CSA and
OSHA regulations require the Assistant Secretary to consult with ACCSH
before the agency proposes occupational safety and health standards
affecting construction activities (40 U.S.C. 3704; 29 CFR 1911.10).
    ACCSH operates in accordance with the Federal Advisory Committee
Act (FACA), as amended (5 U.S.C. App. 2), and its implementing
regulations (41 CFR 102-3 et seq.); and Department of Labor Manual
Series Chapter 1-900 (3/25/2022). ACCSH generally meets two to four
times a year.

II. Meetings

ACCSH Meeting

    ACCSH will meet from 9 a.m. to 4 p.m., EDT, Wednesday, August 9,
2023. The meeting is open to the public.
    Meeting agenda: The tentative agenda for this meeting includes:
     Assistant Secretary's agency update and remarks;
     Directorate of Construction industry update;
     ACCSH Workgroup discussion; and
     Public comment period.
    ACCSH Workgroup Meetings
    In conjunction with the ACCSH meeting, ACCSH Workgroups will meet
on Thursday, August 10, 2023. Workgroups and times for the workgroup
meetings will be established during the ACCSH meeting on August 9,
2023. ACCSH Workgroup meetings are open to the public.

III. Meeting Information

    The ACCSH Committee and ACCSH Workgroups will meet in Conference
Room C-5320, Room 6, U.S. Department of Labor, 200 Constitution Avenue
NW., Washington, DC 20210. Public attendance at the ACCSH Committee and
Workgroup meetings will be in-person and virtual. In-person attendance
will be limited to the first 25 people who register to attend the
meetings in person. Please contact Ms. Gretta Jameson, OSHA,
Directorate of Construction, U.S. Department of Labor; telephone: (202)
693-2020; email: [email protected], to register. In-person
meeting attendance registration must be completed by Thursday, August
3, 2023. Meeting in-person attendees must use the visitor's entrance
located at 3rd & C Streets, NW. Virtual meeting attendance information
will be posted in the Docket (Docket No. OSHA-2023-0002) and on the
ACCSH website, https://www.osha.gov/advisorycommittee/accsh, prior to
the meeting.
    Requests to speak and speaker presentations: Attendees who wish to
address ACCSH must submit a request to speak, as well as any written or
electronic presentation, by Thursday, August 3, 2023, using the method
listed in the ADDRESSES section of this notice. The request must state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of your presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2010 and other Microsoft Office 2010
formats.
    Alternately, you may request to address ACCSH briefly during the
public-comment period. At her discretion, the ACCSH Chair may grant
requests to address ACCSH as time and circumstances permit.
    Docket: OSHA will place comments, requests to speak, and speaker
presentations, including any personal information you provide, in the
public docket without change, and those documents may be available
online at: https://www.regulations.gov. Therefore, OSHA cautions
interested parties about submitting personal information such as Social
Security Numbers and birthdates. OSHA also places in the public docket
the meeting transcript, meeting minutes, documents presented at the
meeting, and other documents pertaining to the ACCSH meeting. These
documents are available online at: https://www.regulations.gov. To read
or

download documents in the public docket for this ACCSH meeting, go to
Docket No. OSHA-2023-0002 at: https://www.regulations.gov. All
documents in the public docket are listed in the index; however, some
documents (e.g., copyrighted material) are not publicly available to
read or download through https://www.regulations.gov. All submissions
are available for inspection and copying, when permitted, at the OSHA
Docket Office. For information on using https://www.regulations.gov to
make submissions or to access the docket, click on the ``Help'' tab at
the top of the homepage. Contact the OSHA Docket Office at (202) 693-
2350, (TTY<PHONE_NUMBER>) for information about materials not
available through that website and for assistance in using the internet
to locate submissions and other documents in the docket.

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice pursuant to 29 U.S.C. 655, 40 U.S.C. 3704, Secretary of Labor's
Order No. 8-2020 (85 FR 58393), 5 U.S.C. App. 2, and 29 CFR part 1912.

    Signed at Washington, DC, on July 11, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-15146 Filed 7-17-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Notices]
[Page 23789]
[FR Doc No: 2019-10784]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2015-0191; FRL-9993-87-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Miscellaneous Organic Chemical
Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Miscellaneous Organic
Chemical Manufacturing (EPA ICR Number 1969.07, OMB Control Number
2060-0533), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through May
31, 2019. Public comments were previously requested, via the Federal
Register, on May 30, 2018 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before June 24, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2015-0191, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing
(40 CFR part 63, subpart FFFF) were proposed on April 4, 2002, and
promulgated on July 14, 2006. These regulations apply to both existing
facilities and new facilities that manufacture a miscellaneous organic
chemical and that are located at, or are part of, major sources of
hazardous air pollutant (HAP) emissions. New facilities include those
that commenced construction, modification or reconstruction after the
date of proposal. This information is being collected to assure
compliance with 40 CFR part 63, subpart FFFF.
    In general, all NESHAP 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 NESHAP.
    Form Numbers: None.
    Respondents/affected entities: Miscellaneous organic chemical
manufacturing facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart FFFF).
    Estimated number of respondents: 202 (total).
    Frequency of response: Initially and semiannually.
    Total estimated burden: 327,000 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $41,600,000 (per year), which includes
$4,310,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the estimates: There is an adjustment decrease in the
total estimated burden as currently identified in the OMB Inventory of
Approved Burdens; this decrease is not due to any program changes. The
decrease in burden is due to more accurate estimates of existing
sources based on information gathered by EPA and confirmed by industry.
The decrease in the number of respondents also results in a decrease in
responses and operation and maintenance costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-10784 Filed 5-22-19; 8:45 am]
BILLING CODE 6560-50-P