Supporting Statement for EPA Information Collection Request Number 2053.01 " Information Collection Activities Associated with the Best Workplaces for Commuters Program"

April 30, 2004 Table of Contents Part A 1 Identification of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( a) Title of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization/ Abstract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Need for and Use of the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( a) Need/ Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( b) Practical Utility/ Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Nonduplication, Consultations, and Other Collection Criteria . . . . . . . . . . . . . . . . . . . . . 3 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( b) Public Notice Required Prior to ICR Submission to OMB . . . . . . . . . . . . . . . . . 3 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( d) Effects of Less Frequent Collections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 The Respondents and the Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4( a) Respondents and NAICS Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Information Collected: Agency Activities, Collection Methodology, and Information Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Estimating the Burden and Cost of the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6( a) Estimating Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6( b) Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6( c) Estimating Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6( d) Estimating the Respondent Universe and Total Burden and Costs . . . . . . . . . . . 10 6( e) Bottom Line Burden Hours and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6( f) Reasons for Change in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part B 1 Introduction to Part B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Survey Objectives, Key Variables, and Survey Design . . . . . . . . . . . . . . . . . . . . . . . . . 20 3 Pretests, Pilot Tests, Collection Methods, and Analyzing Survey Results . . . . . . . . . . . 21 APPENDIX A: LIST OF THE NAICS CODES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A 1 APPENDIX B: BWC APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 1 APPENDIX C: ANNUAL CHECK IN FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C 1 APPENDIX D: EMPLOYEE SURVEY AND RELATED QUESTIONNAIRES . . . . D 1 1 Part A 1 Identification of the Information Collection 1( a) Title of the Information Collection This Information Collection Request ( ICR) is entitled " Information Collection Activities Associated with the Best Workplaces for Commuters Program," EPA ICR Number 2053.01.

1( b) Short Characterization/ Abstract Best Workplaces for CommutersSM ( BWC; originally known as the Commuter Choice Leadership Initiative) is a unique designation granted by the U. S. Environmental Protection Agency ( EPA) and the U. S. Department of Transportation ( DOT) to employers that offer superior commuter benefits to their employees. These benefits give employees incentives to commute by means other than driving alone, and hence reduce vehicle miles of travel and vehicle emissions. EPA is partnering with a variety of national, state, regional, and local organizations to challenge U. S. employers to meet a National Standard of Excellence in commuter benefits and to recognize those that do as " Best Workplaces for Commuters." The program highlights the environmental and congestion relief benefits along with the potential financial benefits of offering employee commuter benefits, such as improved recruiting and retention, tax savings, and other cost savings. EPA works to gain public recognition for companies recognized as Best Workplaces for Commuters and provides networking opportunities, training, web based tools, and one on one assistance for its partners.

This ICR covers the reporting activities associated with an employer's participation in BWC. Employers must provide data for three discrete information collections. Each of these is discussed separately below and throughout the ICR. There are no record keeping requirements.

Best Workplaces for Commuters Application Prospective BWC Employer must complete and submit the BWC Application, which outlines the qualification for an employer to receive the BWC designation including promoting the availability of commuter benefits to their employees, providing those benefits, and reporting on program progress and success. In addition, the Application requires an employer to designate a central point of contact and register their specific work sites covered by the BWC designation. Employers need only submit one BWC Application, and may amend it to add more work sites. Employers can apply online at http:// www. ergweb. com/ projects/ ccli/ enroll/ enroll. htm. In addition, employers may submit historical information about their employees' commuting habits prior to becoming a BWC Employer. 2 Best Workplaces for Commuters Annual Check in Form Employers must complete and submit the BWC Annual Check in Form for each registered work site during a month they specify in their Application and each year thereafter, around the same general time. Each BWC Employer is directed by an e mail message to a secure web site where their unique Annual Check in Form, each of which has an employer specific password that is given only to the employer, can be found pre populated with information from their earlier BWC Application, including contact information for the primary point of contact, the types of benefits offered, and the number of employees covered by the commuter benefits. The Annual Check in Form also includes optional information on the number of employees taking advantage of the employers' commuter benefits and asks the employer to certify that the minimum benchmark of fourteen percent of their employees commuting by means other than driving alone is being met.

Best Workplaces for Commuters Employee Survey In order to gather information by which to develop estimates of the congestion reduction and air quality benefits of BWC, EPA will conduct annual scientific surveys of employees at a small group of randomly selected employers to determine their commuting habits and compare them with the commuting habits of a randomly selected sample of similar commuters who do not receive commuter benefits. The primary means of administering the survey will be via the internet. There is also a short set of questions for the primary point of contact at the BWC work site providing EPA some additional background information on the commuter benefits program. Finally there is also a survey administered to a randomly selected group of commuters, not employed by BWC employers, who do not receive commuter benefits, to derive a benchmark against which to compare the effects of the BWC program. Development of the survey is discussed in detail in Part B.

2 Need for and Use of the Collection 2( a) Need/ Authority for the Collection In February 2002, the Administration announced a commitment to reduce greenhouse gas intensity in the United States by 18 percent by 2012 ( equivalent to a reduction of more than 100 million metric tons of greenhouse gas emissions in that year) through voluntary, incentive based, and existing mandatory measures. With respect to transportation actions, the Administration's plan commits to prevent 13 Million Metric Tons Carbon Equivalent ( MMTCE) in 2012, in addition to the 2 MMTCE prevented annually as of 2002. In addition, section 103 of the Clean Air Act requires EPA to develop a national research and development program to, among other things, " conduct and promote coordination and acceleration of training for individuals relating to the causes, effects, extent, prevention, and control of air pollution." BWC is an important part of the overall effort to develop, implement, and evaluate innovative transportation strategies in promoting public awareness of air pollution prevention, reducing Vehicle Miles Traveled ( VMT) 3 and greenhouse gas emissions, and meeting Clean Air Act air quality standards.

As described in this ICR, EPA needs to collect information from employers to establish participation in BWC, to develop a baseline on employee commuter benefits and commuting habits, to ensure minimum employee participation, to develop and promote employee commuter benefit programs, to provide support for and recognize BWC Employers, and to monitor and measure the success of the BWC program.

2( b) Practical Utility/ Users of the Data EPA will use the information collected from BWC Employers for a variety of purposes. EPA will use information from the Application to establish participation in BWC and to gather contact information for BWC Employers and their registered work sites. EPA will use the information on the annual Check in Form to ensure minimum employee participation, to establish a baseline for commuting habits and commuter benefits, to develop and promote employee commuter benefit programs, to provide support for and recognize employers, and to monitor and measure the success of BWC. EPA also will use Check in information to update the Agency's records of Best Workplaces for Commuter Employer contact information. EPA will use the information from the Employee Surveys to evaluate the environmental impact of the Best Workplaces for Commuters Program and to better understand the commuting habits of employees, how BWC programs and benefits affect that behavior, and what might be changed in or added to BWC programs.

3 Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication Neither EPA nor any other Federal Agency or Department has collected the information covered by this ICR. EPA needs this information to establish participation in BWC, to establish a baseline of commuting habits, and to develop, implement, and evaluate BWC programs and benefits.

3( b) Public Notice Required Prior to ICR Submission to OMB To comply with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on April 9, 2002 [ FRL 7169 2]. The public comment period extended through June 10, 2002. EPA received no public comments. 4 3( c) Consultations In preparing respondent burden hour and cost estimates in this ICR, EPA conducted consultations with the following six prospective BWC Employers:

S Chevron,

S City of Aspen,

S County of Westchester Commute Alternatives Program,

S Downtown Denver Partnership,

S ICF Consulting, and S Wheels, Inc.

As discussed in Part B, additional consultations have occurred in developing the replacement Employer Survey and its smaller, random sampling plan compared with EPA's original ICR proposal.

3( d) Effects of Less Frequent Collections The BWC Application is a one time information submittal; less frequent collection is not possible. Best Workplaces for Commuters' Employers ( BWC Employers) may amend the Application to add more work sites.

The annual Check in Form is used to develop and promote Best Workplaces for Commuters programs, to provide support for and recognize employers, and to monitor and measure the success of an employer's BWC program. In addition, EPA will use information on the Check in Form to update the Agency's records of BWC employer contact information. EPA believes that any reduction in the frequency of this information collection would have a negative impact on program development, implementation, customer support activities, and evaluation.

The Employee Survey solicits the minimal amount of information needed to develop a basic understanding of the effectiveness of the program, measured in terms of the number of commuter benefits that employers provide and the number of employees who take advantage of these benefits over time. EPA already has reduced the scale of this collection from a census of all BWC employers to a random subset collection and believes that any reduction in the frequency will dilute its value and diminish the Agency's ability to measure the overall effectiveness of the program.

3( e) General Guidelines The BWC information collections described in this ICR do not violate any of OMB's General Guidelines. In fact, BWC information collections are reported once or annually. In addition, there are no recordkeeping requirements. 5 3( f) Confidentiality This information collection does not require employers to disclose any confidential business information nor employees to disclose any personal information. In addition, BWC is a voluntary program that only requires general information on commuter benefits and habits. Further, EPA intends to summarize and present only aggregated data on commuter benefits and habits. However, from time to time, EPA intends to publicize the success of BWC and of certain employers; EPA will do so with the employers' knowledge and consent.

3( g) Sensitive Questions The information collections covered by this ICR, including the Employee Survey, do not ask sensitive questions, such as those pertaining to sexual attitudes or behavior or religious beliefs.

4 The Respondents and the Information Requested 4( a) Respondents and NAICS Codes Refer to Appendix A for a list of the North American Industrial Classification System ( NAICS) codes associated with employers most likely to join BWC.

4( b) Information Requested BWC Employers must report information associated with three discrete information collections. Each of these three information collections, along with their data items and respondent activities, are described separately below. There are no recordkeeping requirements.

4( b)( i) Data Items Best Workplaces for Commuters Application The Application confirms the participation of the employer in BWC. The Application includes contact information for the authorized representative and additional employer contacts, information on employer work sites, and the option of providing the company logo or other company marks for EPA's use in its recognition and marketing materials. This form is available electronically on the BWC website. A copy of the BWC Application is included in Appendix B.

Annual Check in Form The Annual Check in Form is divided into three sections. Section I covers updates to employer contact information. Section II includes two questions concerning how employers centralize their information about commuter benefits and how they communicate this information 6 to their employees. Section II also includes lists of primary and secondary commuter benefits employers provide to their employees. Finally, employers have the option to provide with their initial report historical information about their employees' commuting habits prior to joining BWC. This form is available electronically and is pre populated for participating employers to confirm and update. A copy of the Annual Check in Form is included in Appendix C.

Employee Survey The Employee Survey asks for the mode( s) of transportation employees use to commute to work each day during a particular week. It also asks how far they must commute, and asks some questions to determine their awareness of their employer's commuter benefits programs, their past commuting behaviors and what factors motivated their choice of commute mode. This form is distributed electronically. A similar survey is administered by telephone to a randomly selected group of commuters who do not receive commuter benefits. There is also a set of questions asked of the work site primary point of contact to obtain additional background information on the company's benefits program. Copies of these survey forms are included in Appendix D.

4( b)( ii) Respondent Activities Best Workplaces for Commuters Application BWC Employers perform the following activities once to execute the Application and establish participation in the program. However, the Application may be amended to add more work sites.

° Receive and read the Application and informational materials; ° Provide the required information on the Application; and ° Submit the Application electronically ( alternatively, it may be faxed or mailed).

Annual Check in Form Each year, BWC Employers complete and submit Sections I and II of the Check in Form for each registered work site. In addition, employers have the option to provide with their initial report historical information about their employees' commuting habits. Specifically, employers perform the following activities associated with the Annual Check in Form:

° Read the instructions for the Annual Check in Form; ° Update contact information and complete Section I ( annually); ° Gather information on commuter benefits and complete Section II ( annually); ° Provide historical information ( optional); and ° Electronically send the Check in Form. 7 Employee Survey When selected as part of the annual random sample, BWC Employers perform the following activities to survey their employees on their commuting habits:

° Complete the Questionnaire for the BWC Contact prior to, or concurrently with the administration of the survey to all employees at work sites up to 750 employees and to a percentage of employees at larger worksites. ° Distribute survey to their employees for completion; ° Assist their employees in completing the survey, if necessary, and ° Return completed surveys to EPA ( or designated contractor) for analysis.

In order to obtain a baseline against which to measure the effects of the BWC program, a group of commuters not employed by BWC employers, who do not receive employer provided commuter benefits will be selected at random to be surveyed by telephone.

5 Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA will perform certain activities associated with each of the three discrete information collections described in this ICR to develop, implement, and evaluate BWC. Each of these three information collections, and the Agency's activities associated with them, are described in more detail below.

Best Workplaces for Commuters Application EPA will perform the following activities related to the BWC Application and any amendments to it:

° Develop the Application and associated information materials; ° Disseminate the Application; ° Review completed Applications received from BWC Employers; ° Enter information from the Applications and Amendments into an internal EPA database; and ° Provide technical assistance to employers as needed. 8 Annual Check in Form EPA will perform the following activities related to the Annual Check in Form:

° Develop the Annual Check in Form and associated instructions; ° Send e mail reminders to complete the Annual Check in Form with instructions on how to log on to the secure web site; ° Review the initial and subsequent Annual Check in Forms; ° Review any historical information provided by BWC Employers; ° Enter information from the Check in Forms into an internal EPA database and analyze results; and ° Provide technical assistance to employer representatives as needed.

Employee Survey Annually, EPA will perform the following activities associated with the Employee Survey:

° Design a sampling plan meeting employer size distribution criteria; ° Design the survey form; ° Develop a data collection tool using an automated system; ° Develop instructions for completing the survey; ° Randomly select employers to participate, contact them, obtain their assistance to help notify employees of the survey and the web address for completing it, ask the questions for the BWC primary contact; and ° Enter information from the survey form into an internal EPA database and analyze the results.

Further information on the survey plan is found in Part B.

5( b) Collection Methodology and Management EPA has taken steps to ensure that the information being collected under this ICR will be accurate, reliable, and retrievable. Specifically, EPA has developed data collection instruments that are simple, structured, and easy to fill out. In collecting and analyzing the information under this ICR, EPA will use state of the art phone systems, personal computers, and database software. EPA will ensure the accuracy and completeness of collected information by reviewing each submittal. EPA will enter the information provided into an internal EPA database to implement, evaluate, and disseminate information about BWC. 9 5( c) Small Entity Flexibility The collection methodology should not impose any undue burden on small entities. In fact, small entities will likely incur a much smaller burden than other entities, due to the fact that they have fewer employees on whom to report in the Annual Check in Forms. In addition, the Application to join BWC is voluntary.

5( d) Collection Schedule EPA collects information from the BWC Application once. However, EPA may collect additional information if an employer chooses to amend this Application to add more work sites. EPA collects information in Sections I and II of the Check in Form each year. In addition, EPA collects information from the Employee Surveys through random sampling of a subset of participating employers every year. Finally, EPA may collect historical information on commuting habits from employers who have such information and provide it with their Check in Form.

6 Estimating the Burden and Cost of the Collection 6( a) Estimating Respondent Burden EPA estimates the respondent burden hours for all information collection activities covered by this ICR in Exhibits 1 and 2, except for the negligible activity of a control group for benchmarking the Employee Survey which is discussed in the total burden. Each exhibit includes the number of hours required to conduct each information collection activity. Exhibit 1 summarizes burden hours for BWC Employers from private sector firms, while Exhibit 2 summarizes burden for BWC Employers that are state and local governments.

6( b) Estimating Respondent Costs In Exhibits 1 and 2, EPA also estimates respondent costs associated with each information collection requirement. In the following two sections, EPA describes the cost assumptions used in these exhibits.

6( b)( i) Estimating Labor Costs For BWC Employers from private sector firms, EPA estimates an average hourly respondent labor cost ( including overhead) of $ 96.60 for legal staff; $ 74.38 for managerial staff, $ 58.31 for technical staff, and $ 26.07 for clerical staff. For BWC Employers that are state and local governments, EPA estimates an average hourly respondent labor cost ( including overhead) of $ 44.37 for legal staff; $ 43.10 for managerial staff, $ 37.87 for technical staff, and $ 22.42 for clerical staff. To arrive at these estimates, EPA consulted with prospective BWC Employers in 2001, and later reviewed employer data from the Bureau of Labor Statistics ( BLS) and applied the 2002 and 2003 changes in total compensation for private sector and for state and local 10 government employees.

6( b)( ii) Estimating Capital and Operations and Maintenance ( O& M) Costs EPA estimates that there are no capital costs associated with any of the information collection activities in this ICR. However, EPA estimates that BWC Employers will incur nominal O& M costs for submitting information to EPA. These O& M costs are expected to be incurred on an ongoing, annual, or periodic basis per the associated assumptions for reporting in this ICR. There are no costs associated with the purchase of a service included in the O& M costs.

Submittals of the Application and Annual Check in Forms will be made via internet in nearly all cases, hence the only costs involved are staff time. A cost allowance is made for 6% of the Employee Surveys to be completed manually; EPA estimates that BWC Employers will incur $ 0.37 in postage costs to submit those surveys.

6( c) Estimating Agency Burden and Costs As shown in Exhibit 3, EPA estimates the annual Agency burden and costs for the information collection activities associated with BWC. EPA conducted consultations with staff who work on BWC to obtain estimates of the hours to complete each information collection activity. These estimates are summarized in Exhibit 3.

EPA estimates an average hourly labor cost of $ 76.85 for legal staff, $ 74.18 for managerial staff, $ 54.38 for technical staff, and $ 21.84 for clerical staff. These labor rates are based on the following GS levels and steps: GS Level 15, Step 1 for legal staff; GS Level 14, Step 4 for managerial staff; GS Level 12, Step 5 for technical staff; and GS Level 5, Step 1 for clerical staff for legal staff located in DC and for all other staff located in Ann Arbor, MI. To derive the hourly labor rates, EPA first used the corresponding hourly basic labor rates with locality pay from the 2004 General Schedule and then multiplied these rates by 1.6, the standard government benefits multiplier.

6( d) Estimating the Respondent Universe and Total Respondent Burden and Cost Respondent Universe As shown in Exhibits 1 and 2, EPA estimates the average annual universe of respondents subject to the BWC information collection activities. Specifically, EPA estimates the number of BWC Employers who will complete each of the three discrete information collections. In addition, EPA also estimates in these same exhibits, the average annual number of respondents or activities associated with each of these information collections. In Tables 1 and 2, EPA first presents the overall universe estimates and then, in Tables 3 to 7, presents the specific assumptions used in developing these average annual universe estimates for each of the three 11 discrete information collections.

Over the three year period to be covered by this ICR, EPA estimates that the employers joining BWC will register 2,181 work sites according to the schedule in Table 1. As such, EPA estimates that 1,907 work sites will come from private sector firms and the other 274 will come from state and local governments. For private sector firms, EPA further assumes that approximately 24 percent of the work sites will come from small firms with fewer than 50 employees, 33 percent from medium sized firms with 50 to 500 employees, and the remaining 42 percent from large firms with more than 500 employees.

Table 1 Estimated Average Number of New BWC Employers' Registered Work Sites Employer Type Year 1 Year 2 Year 3 Total Average All Private Sector Firms 840 478 589 1,907 636 Small Firms 203 119 143 465 155 Medium sized Firms 285 152 197 633 211 Large Firms 353 208 249 809 270 State/ Local Governments 119 70 84 274 91 All Employers 959 549 673 2,181 727 In the first year ( see Table 2), the number of voluntary participants is expected to double the cumulative participation of the preceding few years during which the program was developed.

Table 2 Estimated Cumulative Number of BWC Employers' Registered Work Sites Employer Type Year 1 Year 2 Year 3 All Private Sector Firms 1,828 2,306 2,895 Small Firms 441 560 703 Medium sized Firms 619 771 968 Large Firms 768 975 1,224 State/ Local Governments 260 330 415 All Employers 2,088 2,637 3,310 EPA also estimates that BWC Employers will have an average number of employees per registered work site as shown as in Table 3. 12 Table 3 Average Number of Employees of BWC Employers per Registered Work Site Employer Type Average Number of Employees Small Firms 32 Medium sized Firms 182 Large Firms 3,172 State/ Local Governments 1,564 Best Workplaces for Commuters Application Based on the projected incremental growth rate in Table 1, EPA estimates that an average of 727 Applications ( 636 from private firms and 91 from state and local governments) will be submitted for each of the three years covered by this ICR.

Annual Check in Form Based on Table 2 and an assumption that each employer will start submitting the Annual Check in Form after it has been in the program for one year, EPA estimates that an average of 1,951 employers ( 1,707 private firms and 244 state and local governments) will complete Annual Check in Forms each year per the schedule in Table 4.

Table 4 Average Number of Work Sites Completing Annual Check ins Employer Type Year 1 Year 2 Year 3 Total Average All Private Sector Firms 988 1,828 2,306 5,122 1,707 Small Firms 238 441 560 1,239 413 Medium sized Firms 335 619 771 1,725 575 Large Firms 415 768 975 2,158 719 State/ Local Governments 141 260 330 731 244 All Employers 1,129 2,088 2,637 5,854 1,951 13 In addition, EPA estimates that 10 percent of all employers will submit historical information on their employees' commuting habits for each of their registered work sites with their Check in Forms. As such, EPA estimates that an average 70 BWC Employers ( 60 private firms and 10 state and local governments) will submit historical information on their work sites each year.

Employee Survey EPA will survey 100 randomly selected employers per year. This represents roughly nine percent of employers in Year 1, five percent in Year 2, and four percent in Year 3.

Table 5 Average Number of Employees Surveyed Employer Type Year 1 Year 2 Year 3 Total Average All Private Sector Firms 39,169 39,169 39,169 117,507 39,169 Small Firms ( 32) 676 676 676 2,027 676 Medium sized Firms ( 182) 5,397 5,397 5,397 16,192 5,397 Large Firms ( 3,172) 33,096 33,096 33,096 99,288 33,096 State/ Local Governments ( 1,564) 8,719 8,719 8,719 26,157 8,719 All Employers 47,888 47,888 47,888 143,664 47,888 In addition, telephone surveys of 2,000 commuters who do not get commuter benefits will be conducted every year. Further information on the survey plan in Part B.

Based in part on BLS data, EPA estimates that all employees fall into the four labor categories presented in this ICR based on the percentages shown in Table 6.

Table 6 Percentage of All Employees by Labor Category Labor Category Percent of All Employees Legal 0.6 %

Managerial 9.8 %

Technical 56.3 %

Clerical 33.3 %

Further, based on Tables 5 and 6, EPA estimates the average annual number of employees 14 surveyed by labor category and employer type as shown in Table 7.

Table 7 Average Number of Employees Surveyed by Labor Category and Employer Type Labor Category Firms State/ Local Governments Legal ( 0.6 %) 235 52 Managerial ( 9.8 %) 3,838 854 Technical ( 56.3 %) 22,052 4,908 Clerical ( 33.3 %) 13,043 2,903 EPA will solicit the employers' assistance in notifying their employees of the survey and the web location for taking it. However, the work of compiling and analyzing the results will be done by EPA.

Total Respondent Burden and Costs Using the assumptions in Tables 1 through 7 and in Sections 6( a) and 6( b), EPA estimates the annual respondent burden and costs for BWC Employers from private sector firms and state and local governments in Exhibits 1 and 2, respectively. EPA anticipates receiving 50,666 BWC responses on average annually, based on Tables 1, 4, and 5 and Exhibit 1.

In addition, a control group of 2,000 commuters not employed by BWC employers and who receive no employer provided commuter benefits will be selected at random and surveyed by telephone to obtain a benchmark against which to measure the effects of the BWC program ( EPA is exploring the possibility of using a web survey for this group as well). Each completed survey will take five minutes to perform, hence the total time burden to the affected public will be 167 hours. To estimate the burden, EPA assumed the same labor category distribution as in Table 6, and the costs as discussed in 6( b).

The surveys will be administered by EPA or a contractor to EPA. It is estimated that for each completed interview there will be three failed attempts, because the randomly selected individual will either not answer the telephone or refuse to participate. Each of these is expected to take half a minute for a total of 50 hours, which is additive to the 167 hours that EPA will also have to spend to complete the successful surveys. Additionally, each completed survey will required one minute to enter the data into the database for analysis, for a total of 33 hours.

See Section 6( e) of this ICR for a summary of all this information. 15 EXHIBIT 1 ESTIMATED ANNUAL RESPONDENT BURDEN AND COST: PRIVATE SECTOR FIRMS Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $ 96.60/ hr Manager $ 74.38/ hr Technical $ 58.31/ hr Clerical $ 26.07/ hr Response Hours/

Year Labor Cost/

Year Capital/

Startup Costs O& M Costs Number of Respondents or Activities Total Hours/

Year Total Cost/

Year Best Workplaces for Commuters Application ( per Registered Work Site)

Receive and Read Application/ Informational Materials 0.00 1.00 2.00 0.00 3.00 $ 191.00 $ 0.00 $ 0.00 636 1,908 $ 121,476 Estimate Costs & Benefits of Participation 0.00 4.00 8.00 0.00 12.00 $ 764.00 $ 0.00 $ 0.00 636 7,632 $ 485,904 Provide Required Information on the Application 0.00 0.00 0.25 0.00 0.25 $ 14.58 $ 0.00 $ 0.00 636 159 $ 9,271 Sign and Send Application 0.00 0.10 0.00 0.05 0.15 $ 8.74 $ 0.00 $ 0.00 636 95 $ 5,560 Annual Check in Form ( per Registered Work Site)

Read Instructions 0.00 0.00 1.00 0.00 1.00 $ 58.31 $ 0.00 $ 0.00 1,707 1,707 $ 99,535 Update Contact Information & Complete Section I 0.00 0.00 0.05 0.00 0.05 $ 2.92 $ 0.00 $ 0.00 1,707 85 $ 4,977 Gather Information on Commuter Benefits and Complete Section II 0.00 0.00 0.50 0.00 0.50 $ 29.16 $ 0.00 $ 0.00 1,707 854 $ 49,768 Provide Historical Info. ( once; optional; 10%

of Employers) 0.00 0.05 0.25 0.00 0.30 $ 18.30 $ 0.00 $ 0.00 60 18 $ 1,098 Electronically Send Check in Form 0.00 0.00 0.00 0.05 0.05 $ 1.30 $ 0.00 $ 0.00 1,707 85 $ 2,225 Employee Survey ( Annual; per Randomly Sampled Registered Work Site)

Employer Contact Responds to Background Questionnaire 0.00 0.00 0.25 0.00 0.25 $ 14.58 $ 0.00 $ 0.00 86 22 $ 1,254 Distribute Surveys to Employees ( Automated) 0.00 0.00 1.00 0.00 1.00 $ 58.31 $ 0.00 $ 0.00 1,605 1,605 $ 93,563 Distribute Surveys to Employees ( Manual) 0.00 0.00 4.00 8.00 12.00 $ 441.80 $ 0.00 $ 0.00 102 1,229 $ 45,249 Employees Fill out Survey ( Legal) 0.10 0.00 0.00 0.00 0.10 $ 9.66 $ 0.00 $ 0.00 235 24 $ 2,270 Employees Fill out Survey ( Managerial) 0.00 0.10 0.00 0.00 0.10 $ 7.44 $ 0.00 $ 0.00 3,839 384 $ 28,551 Employees Fill out Survey ( Technical) 0.00 0.00 0.10 0.00 0.10 $ 5.83 $ 0.00 $ 0.00 22,052 2,205 $ 128,586 Employees Fill out Survey ( Clerical) 0.00 0.00 0.00 0.10 0.10 $ 2.61 $ 0.00 $ 0.00 13,043 1,304 $ 34,004 Employees Send Survey ( Electronically) 0.00 0.00 0.02 0.01 0.03 $ 1.00 $ 0.00 $ 0.00 36,819 1,105 $ 36,756 Employees Send Survey ( Manually) 0.00 0.00 0.03 0.02 0.05 $ 1.66 $ 0.00 $ 0.37 2,350 118 $ 4,780 Total 20,538 $ 1,154,827 16 EXHIBIT 2 ESTIMATED ANNUAL RESPONDENT BURDEN AND COST: STATE AND LOCAL GOVERNMENTS Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $ 44.37/ hr Manager $ 43.10/ hr Technical $ 37.87/ hr Clerical $ 22.42/ hr Response Hours/

Year Labor Cost/

Year Capital/

Startup Costs O& M Costs Number of Respondent s or Activities Total Hours/

Year Total Cost/

Year Best Workplaces for Commuters Application ( per Registered Work Site)

Receive and Read Application/ Informational Materials 0.00 1.00 2.00 0.00 3.00 $ 118.84 $ 0.00 $ 0.00 91 273 $ 10,814 Estimate Costs & Benefits of Participation 0.00 4.00 8.00 0.00 12.00 $ 475.36 $ 0.00 $ 0.00 91 1,092 $ 43,258 Provide Required Information on the Application 0.00 0.00 0.25 0.00 0.25 $ 9.47 $ 0.00 $ 0.00 91 23 $ 862 Sign and Send Application 0.00 0.10 0.00 0.05 0.15 $ 5.43 $ 0.00 $ 0.00 91 14 $ 494 Annual Check in Form ( per Registered Work Site)

Read Instructions 0.00 0.00 1.00 0.00 1.00 $ 37.87 $ 0.00 $ 0.00 244 244 $ 9,240 Update Contact Information & Complete Section I 0.00 0.00 0.05 0.00 0.05 $ 1.89 $ 0.00 $ 0.00 244 12 $ 462 Gather Information on Commuter Benefits and Complete Section II 0.00 0.00 0.50 0.00 0.50 $ 18.94 $ 0.00 $ 0.00 244 122 $ 4,620 Provide Historical Info. ( once; optional; 10% of Employers) 0.00 0.05 0.25 0.00 0.30 $ 11.62 $ 0.00 $ 0.00 10 3 $ 116 Electronically Send Check in Form 0.00 0.00 0.00 0.05 0.05 $ 1.12 $ 0.00 $ 0.00 244 12 $ 274 Employee Survey ( Annual; per Randomly Sampled Registered Work Site)

Employer Contact Responds to Background Questionnaire 0.00 0.00 0.25 0.00 0.25 $ 14.58 $ 0.00 $ 0.00 14 4 $ 204 Distribute Survey Website to Employees ( Automated) 0.00 0.00 1.00 0.00 1.00 $ 37.87 $ 0.00 $ 0.00 229 229 $ 8,686 Distribute Survey Website to Employees ( Manual) 0.00 0.00 4.00 8.00 12.00 $ 441.80 $ 0.00 $ 0.00 15 176 $ 6,468 Employees Fill out Survey ( Legal) 0.10 0.00 0.00 0.00 0.10 $ 4.44 $ 0.00 $ 0.00 52 5 $ 232 Employees Fill out Survey ( Managerial) 0.00 0.10 0.00 0.00 0.10 $ 4.31 $ 0.00 $ 0.00 854 85 $ 3,683 Employees Fill out Survey ( Technical) 0.00 0.00 0.10 0.00 0.10 $ 3.79 $ 0.00 $ 0.00 4,909 491 $ 18,590 Employees Fill out Survey ( Clerical) 0.00 0.00 0.00 0.10 0.10 $ 2.24 $ 0.00 $ 0.00 2,903 290 $ 6,509 Employees Send Survey ( Electronically) 0.00 0.00 0.02 0.01 0.03 $ 1.00 $ 0.00 $ 0.00 8,196 246 $ 8,182 Employees Send Survey ( Manually) 0.00 0.00 0.03 0.02 0.05 $ 1.66 $ 0.00 $ 0.37 523 26 $ 1,064 17 Total 3,347 $ 123,758 EXHIBIT 3 ESTIMATED ANNUAL AGENCY BURDEN AND COST Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $ 76.85/ hr Manager $ 74.18/ hr Technical $ 54.38/ hr Clerical $ 21.84/ hr Agency Hours/

Year Labor Cost/

Year Capital/

Startup Costs O& M Costs Number of Respondents or Activities Total Hours/

Year Total Cost/

Year Best Workplaces for Commuters Application ( per Registered Work Site)

Develop the Application/ Info. Materials and Post to Web 4.00 8.00 40.00 24.00 76.00 $ 3,600.2 0 $ 0.00 $ 0.00 1 76 $ 3,600 Review Completed Applications 0.00 0.10 0.30 0.10 0.50 $ 25.92 $ 0.00 $ 0.00 727 364 $ 18,841 Annual Check in Form ( per Registered Work Site)

Develop the Check in Form/ Associated Instructions 0.00 4.00 16.00 8.00 28.00 $ 1,341.5 2 $ 0.00 $ 0.00 1 28 $ 1,342 Pre populate the Check in Form with Existing Information 0.00 0.00 0.10 0.00 0.10 $ 5.44 $ 0.00 $ 0.00 1,951 195 $ 10,610 Disseminate the Check in Form's Secure Website Address and Work Site Passwords 0.00 0.00 0.05 0.10 0.15 $ 4.90 $ 0.00 $ 0.00 1,951 293 $ 9,566 Review the Check in Forms 0.00 0.05 0.50 0.20 0.75 $ 35.27 $ 0.00 $ 0.00 1,951 1,463 $ 68,806 Review Optional Historical Information 0.00 0.10 0.50 0.40 1.00 $ 43.34 $ 0.00 $ 0.00 195 195 $ 8,452 Employee Survey ( Annual; per Randomly Sampled Registered Work Site)

Design Sampling Plan 0.00 4.00 16.00 8.00 28.00 $ 1,341.5 2 $ 0.00 $ 0.00 1 28 $ 1,342 Design Survey Form 0.00 4.00 16.00 8.00 28.00 $ 1,341.5 2 $ 0.00 $ 0.00 1 28 $ 1,342 Develop Survey Instructions 0.00 6.00 20.00 8.00 34.00 $ 1,707.4 0 $ 0.00 $ 0.00 1 34 $ 1,707 Develop Data Collection Tool ( Automated) 0.00 0.00 20.00 0.00 20.00 $ 1,166.2 0 $ 0.00 $ 0.00 1 20 $ 1,166 Disseminate the Survey's Secure Website Address and Work Site Passwords to Selected Employers 0.00 0.00 0.05 0.10 0.15 $ 5.52 $ 0.00 $ 0.00 100 15 $ 552 18 Compile and Analyze Survey Data by Employer ( Automated) into Internal Database 0.00 0.00 0.25 0.00 0.25 $ 14.58 $ 0.00 $ 0.00 94 24 $ 1,370 Compile and Anaylze Survey Data by Employer ( Manual) into Internal Database 0.00 0.00 2.00 4.00 6.00 $ 220.90 $ 0.00 $ 0.00 6 36 $ 1,325 Total 2,739 $ 127,325 19 6( e) Bottom Line Burden Hours and Costs 6( e)( i) Respondent Tally In Table 8, EPA presents a summary of the total estimated annual respondent burden and costs for BWC Employers and for the control group.

Table 8 Total Estimated Average Annual Respondent Burden and Cost Employer Type Total Hours Total Labor Cost Total Capital Cost Total O& M Cost Total Costs Firms 20,538 $ 1,153,957 $ 0 $ 870 $ 1,154,827 State/ Local Governments 3,347 $ 123,564 $ 0 $ 194 $ 123,758 Respondents 23,885 $ 1,277,521 $ 0 $ 1,064 $ 1,278,585 Control Group 167 $ 5,557 $ 0 $ 0 $ 5,557 Total 24,052 $ 1,283,078 $ 0 $ 1,064 $ 1,284,142 6( e)( ii) Agency Tally In Table 9, EPA presents a summary of the total estimated annual Agency burden and costs for BWC.

Table 9 Total Estimated Annual Agency Burden and Cost Agency Total Hours Total Labor Cost Total Capital Cost Total O& M Cost Total Costs EPA:

Respondents 2,739 $ 127,325 $ 0 $ 0 $ 127,325 Control Group 250 $ 9,468 $ 0 $ 0 $ 9,468 Total 2,989 $ 136,793 $ 0 $ 0 $ 136,793 6( f) Reasons for Change in Burden This is a new information collection, and as such, this section does not apply. 20 6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.5 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

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. OAR 2004 0071, which is available for public viewing at the Office of Air and Radiation Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Office of Air and Radiation Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET 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. ( OAR 2004 0071) in any correspondence. 21 Part B 1 Introduction to Part B In this part, the rationale, objectives, methods, etc., for the sampling survey to be conducted annually within the Best Workplaces for Commuters ( BWC) program is discussed. The information collection requirements for this program, as originally proposed called for each employer enrolled in BWC to survey their own employees every two years and report those results to EPA. Because this requirement fell on all BWC employers, the Supporting Statement for the Information Request as originally proposed did not contain a Part B. By replacing the biennial survey and report requirement with a sampling survey, EPA is significantly reducing the burden on BWC employers since only a few will be selected over the course of the two year period during which all BWC employers were to have been required to perform surveys of all their employees under the original requirement. Additionally, the work of developing the survey instrument and collecting and analyzing the data, previously the responsibility of the BWC employer, is now being done by EPA.

2 Survey Objectives, Key Variables, and Survey Design The primary objective of the survey is to obtain data by which to estimate the air quality benefits and greenhouse gas reductions that result from the changes in commuting behavior by employees of BWC employers wrought by the subsidies and other inducements they receive. The key variables are the distribution of commute modes ( i. e., driving alone, carpooling, riding transit, teleworking, etc.) among commuters surveyed and their distances from home to work. Additional variables of interest are the commuter's level of awareness of the incentives offered by their employers, and factors that motivate their choice of commute mode.

EPA has sought extensive expert input on the design of the survey, the sampling methodology, and the questionnaire. The initial drafts of these items were sent for peer review and have been revised based upon the input received from the review group. An experienced survey firm will be retained to manage the survey and the data analysis will be peer reviewed as well.

For the survey, EPA will randomly select 100 employers distributed over four urban areas in which EPA recruiting and publicity activities have been focused, and survey ( see Appendix D) all employees at each selected work site. EPA is working with survey research experts to determine the best method to do this. The primary means of administering the survey will be via the internet. After randomly selecting the companies to survey, EPA will work with the primary contact at each company to notify employees of the survey and direct them to the survey web site. Follow ups via regular mail will be conducted as needed to obtain the necessary response rate. The contact for BWC Employers also will be asked to answer a short questionnaire ( also in Appendix D), supplying some additional important background information. To obtain a baseline against which to measure the effects of the program, EPA will also conduct phone surveys with 2,000 randomly selected commuters across the same urban areas who are not employed by BWC 22 employers, and do not receive employer provided commuter benefits ( also in Appendix D.). The questionnaire will be similar to that used for the BWC employees, but with some modifications to screen out the unemployed, the self employed, and those who receive commuter benefits. The forms in Appendix D are expected to be modified slightly based on the results of pilot testing, expert comment, and new analytical needs that might arise in future years.

3 Pretests, Pilot Tests, Collection Methods, and Analyzing Survey Results EPA will conduct a small pilot survey to ensure that all technical aspects of the web survey delivery and data collection systems are functioning properly and that the survey time is as short and questions as understandable as we think they are. The survey will be conducted at three work sites of BWC employers who volunteered to be part of the pilot. These employers will then be removed from the pool of candidates for the first round of the official survey.

The primary method of administering the survey will be via the internet. The responses will be transferred automatically to EPA's internal database from the web survey for collection and analysis. For those surveys that have to be administered by mail, the results will be manually entered into the database by EPA. Results from the telephone surveys of the control group will also be entered into the database, either transcribed from paper records of the phone calls, or entered directly into the database via a computer used by the interviewer at the time of the call.

Both the control group questionnaire and the BWC employee questionnaire ask what commute mode the respondent used to get to work each day of the preceding week. The primary goal of the survey analysis will be to determine if there is a statistically significant difference in the incidence of the use of alternative commute modes, as opposed to driving to work alone in the two groups. In addition, the BWC employee results will be analyzed to determine level of awareness of the incentives available to them and motivating factors in their choices of modes. APPENDIX A LIST OF THE NAICS CODES ASSOCIATED WITH INDUSTRIES MOST LIKELY TO JOIN BWC A 1 11 Agriculture, Forestry, Fishing and Hunting 111 Crop Production 112 Animal Production 113 Forestry and Logging 114 Fishing, Hunting and Trapping 115 Support Activities for Agriculture and Forestry 21 Mining 211 Oil and Gas Extraction 212 Mining ( except Oil and Gas) 213 Support Activities for Mining 22 Utilities 221 Utilities 23 Construction 233 Building, Developing, and General Contracting 234 Heavy Construction 235 Special Trade Contractors 31 Manufacturing 311 Food Manufacturing 312 Beverage and Tobacco Product Manufacturing 313 Textile Mills 314 Textile Product Mills 315 Apparel Manufacturing 316 Leather and Allied Product Manufacturing 321 Wood Product Manufacturing 322 Paper Manufacturing 323 Printing and Related Support Activities 324 Petroleum and Coal Products Manufacturing 325 Chemical Manufacturing 326 Plastics and Rubber Products Manufacturing 327 Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment, Appliance, and Component Manufacturing 336 Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturing 339 Miscellaneous Manufacturing 42 Wholesale Trade 421 Wholesale Trade, Durable Goods 422 Wholesale Trade, Nondurable Goods 44 45 Retail Trade 441 Motor Vehicle and Parts Dealers 442 Furniture and Home Furnishings Stores 443 Electronics and Appliance Stores 444 Building Material and Garden Equipment and Supplies Dealers 445 Food and Beverage Stores 446 Health and Personal Care Stores 447 Gasoline Stations 448 Clothing and Clothing Accessories Stores 451 Sporting Goods, Hobby, Book, and Music Stores 452 General Merchandise Stores 453 Miscellaneous Store Retailers 454 Nonstore Retailers 48 49 Transportation and Warehousing 481 Air Transportation 482 Rail Transportation 483 Water Transportation 484 Truck Transportation 485 Transit and Ground Passenger Transportation 486 Pipeline Transportation 487 Scenic and Sightseeing Transportation 488 Support Activities for Transportation 491 Postal Service 492 Couriers and Messengers 493 Warehousing and Storage 51 Information 511 Publishing Industries 512 Motion Picture and Sound Recording Industries 513 Broadcasting and Telecommunications 514 Information Services and Data Processing Services 52 Finance and Insurance 521 Monetary Authorities  Central Bank 522 Credit Intermediation and Related Activities 523 Securities, Commodity Contracts, and Other Financial Investments and Related Activities 524 Insurance Carriers and Related Activities 525 Funds, Trusts, and Other Financial Vehicles 53 Real Estate and Rental and Leasing 531 Real Estate 532 Rental and Leasing Services 533 Lessors of Nonfinancial Intangible Assets ( except Copyrighted Works)

54 Professional, Scientific, and Technical Services 541 Professional, Scientific, and Technical Services 55 Management of Companies and Enterprises 551 Management of Companies and Enterprises 56 Administrative and Support and Waste Management and Remediation Services 561 Administrative and Support Services 562 Waste Management and Remediation Services 61 Educational Services 611 Educational Services 62 Health Care and Social Assistance A 2 621 Ambulatory Health Care Services 622 Hospitals 623 Nursing and Residential Care Facilities 624 Social Assistance 71 Arts, Entertainment, and Recreation 711 Performing Arts, Spectator Sports, and Related Industries 712 Museums, Historical Sites, and Similar Institutions 713 Amusement, Gambling, and Recreation Industries 72 Accommodation and Food Services 721 Accommodation 722 Food Services and Drinking Places 81 Other Services ( except Public Administration) 811 Repair and Maintenance 812 Personal and Laundry Services 813 Religious, Grantmaking, Civic, Professional, and Similar 814 Private Households 92 Public Administration 921 Executive, Legislative, and Other General Government Support 922 Justice, Public Order, and Safety Activities 923 Administration of Human Resource Programs 924 Administration of Environmental Quality Programs 925 Administration of Housing Programs, Urban Planning, and Community Development 926 Administration of Economic Programs 927 Space Research and Technology 928 National Security and International Affairs APPENDIX B BWC APPLICATION APPENDIX C ANNUAL CHECK IN FORM APPENDIX D EMPLOYEE SURVEY AND RELATED QUESTIONNAIRES


[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Notices]
[Page 61152]
[FR Doc No: 2018-25926]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-381-000]

Power Holding LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Power Holding LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 11, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected] or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: November 21, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-25926 Filed 11-27-18; 8:45 am]
 BILLING CODE 6717-01-P


OCS Platform CWIS Information Company: Marathon Oil Company Prospect or Field Name: South Pass OCS Lease and Block: G 7799, Block 87 Platform Name: Platform " D"

CWIS Information Requirements Platform Information Number of CWISs 1 Brief description of each CWIS ( e. g., sea chest, simple pipe) Simple pipe Rough dimensions of each CWIS and indicate whether CWIS has existing flange 20" inner diameter with bottom at 51' below water level Screen type ( e. g., strainer, wedge wire) with mesh size 10' 6" slotted pipe section with bottom open slots are 2" W x 12" L 6 slots/ row ( spaced 60 ° apart) 6" vertical separation ( end to end) between rows Total daily maximum design water intake volume of each CWIS 600 gpm ( design specifications)

Total daily water intake volume of each CWIS ( set up/ drilling) ~ 600 gpm ( estimated)

Total daily cooling water intake volume of each CWIS ( set up/ drilling) ~ 600 gpm ( estimated)

Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Cooling produced gas after each stage of compression and cooling compressor engine's heat transfer fluids List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). See above List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. N/ A Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. Strainers on pump intakes Mitigation measures for reducing exotic species migration through ballast water. N/ A CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Company: Marathon Oil Company Prospect or Field Name: South Pass OCS Lease and Block: G 5687, Block 86 Platform Name: Platform " C"

CWIS Information Requirements Platform Information Number of CWISs 2 Brief description of each CWIS ( e. g., sea chest, simple pipe) Simple pipe Rough dimensions of each CWIS and indicate whether CWIS has existing flange 20" inner diameter with bottom at 59' below water level Screen type ( e. g., strainer, wedge wire) with mesh size 8' slotted pipe section with bottom open slots are 1" W x 4" L slots spaced 3" apart along circumference and 8" apart vertically Total daily maximum design water intake volume of each CWIS 1200 gpm ( design specifications)

Total daily water intake volume of each CWIS ( set up/ drilling) ~ 1200 gpm ( estimated) only one pump is run at a time Total daily cooling water intake volume of each CWIS ( set up/ drilling) ~ 1200 gpm ( estimated) only one pump is run at a time Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Cooling produced gas after each stage of compression and cooling compressor engine's heat transfer fluids List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). See above List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. N/ A Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. Strainer on pump intakes Mitigation measures for reducing exotic species migration through ballast water. N/ A CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Company: Marathon Oil Company Prospect or Field Name: South Pass OCS Lease and Block: G 1618, Block 89 Platform Name: Platform " B"

CWIS Information Requirements Platform Information Number of CWISs 1 ( out of service)

Brief description of each CWIS ( e. g., sea chest, simple pipe) Simple pipe Rough dimensions of each CWIS and indicate whether CWIS has existing flange 12" inner diameter with bottom at 47' below water level Screen type ( e. g., strainer, wedge wire) with mesh size 8' perforated pipe section with bottom open perforated with 1" diameter holes spread 3" apart along the circumference and 9" apart vertically Total daily maximum design water intake volume of each CWIS 400 gpm ( out of service)

Total daily water intake volume of each CWIS ( set up/ drilling) N/ A Total daily cooling water intake volume of each CWIS ( set up/ drilling) N/ A Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) N/ A List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Cool produced gas during compression ( out of service)

List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). See above List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. N/ A Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. Strainers on pump intakes Mitigation measures for reducing exotic species migration through ballast water. N/ A CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Company: Marathon Oil Company Prospect or Field Name: Ewing Bank OCS Lease and Block: G 12136, Block 873 Platform Name: Platform " A"

CWIS Information Requirements Platform Information Number of CWISs 3 Brief description of each CWIS ( e. g., sea chest, simple pipe) Simple pipe Rough dimensions of each CWIS and indicate whether CWIS has existing flange 24" outer diameter with 0.500" wall thickness Screen type ( e. g., strainer, wedge wire) with mesh size Square grid, ~ 0.5" perforations at pump intake Total daily maximum design water intake volume of each CWIS 2800 gpm ( design specifications)

Total daily water intake volume of each CWIS ( set up/ drilling) ~ 2000 gpm ( estimated) only one of three runs at a time Total daily cooling water intake volume of each CWIS ( set up/ drilling) ~ 2000 gpm ( estimated) only one of three runs at a time Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) 1 ft/ sec List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). Cool compressed gas and crude oil List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). See above List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water and domestic use Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. N/ A Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. Screens on pump intakes Mitigation measures for reducing exotic species migration through ballast water. N/ A CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Company: Marathon Oil Company Prospect or Field Name: Vermilion OCS Lease and Block: G 2278, Block 386 Platform Name: Platform " B"

CWIS Information Requirements Platform Information Number of CWISs None Brief description of each CWIS ( e. g., sea chest, simple pipe) Rough dimensions of each CWIS and indicate whether CWIS has existing flange Screen type ( e. g., strainer, wedge wire) with mesh size Total daily maximum design water intake volume of each CWIS Total daily water intake volume of each CWIS ( set up/ drilling) Total daily cooling water intake volume of each CWIS ( set up/ drilling) Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. Mitigation measures for reducing exotic species migration through ballast water.

CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Company: Marathon Oil Company Prospect or Field Name: East Cameron OCS Lease and Block: G 2061, Block 321 Platform Name: Platform " A"

CWIS Information Requirements Platform Information Number of CWISs None Brief description of each CWIS ( e. g., sea chest, simple pipe) Rough dimensions of each CWIS and indicate whether CWIS has existing flange Screen type ( e. g., strainer, wedge wire) with mesh size Total daily maximum design water intake volume of each CWIS Total daily water intake volume of each CWIS ( set up/ drilling) Total daily cooling water intake volume of each CWIS ( set up/ drilling) Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. Mitigation measures for reducing exotic species migration through ballast water.

CWIS = Cooling Water Intake Structure OCS Platform CWIS Information Company: Marathon Oil Company Prospect or Field Name: East Cameron OCS Lease and Block: G 2061, Block 321 Platform Name: Platform " B"

CWIS Information Requirements Platform Information Number of CWISs None Brief description of each CWIS ( e. g., sea chest, simple pipe) Rough dimensions of each CWIS and indicate whether CWIS has existing flange Screen type ( e. g., strainer, wedge wire) with mesh size Total daily maximum design water intake volume of each CWIS Total daily water intake volume of each CWIS ( set up/ drilling) Total daily cooling water intake volume of each CWIS ( set up/ drilling) Design through screen velocity of each CWIS ( i. e., Q = V * A) ( set up/ drilling) List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes). List purposes of non cooling water intakes ( e. g., fire water, hotel loads) other than ballast water. Fire water Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake. Mitigation measures for reducing impingement and entrainment of aquatic organisms, and biofouling prevention measures. Mitigation measures for reducing exotic species migration through ballast water.

CWIS = Cooling Water Intake Structure


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29014-29017]
[FR Doc No: 2018-13457]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2018-0071; FRL-9978-08]

Oxirane, 2-methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether; Tolerance
Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of oxirane, 2-methyl-, polymer with
oxirane, mono[2-[2-(2-methoxymethylethoxy)methylethoxy]methylether]
ether, number average molecular weight 1900 daltons; when used as an
inert ingredient in a pesticide chemical formulation. SciReg, Inc. on
behalf of Solvay USA Inc., submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of oxirane,
2-methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether on food or feed
commodities.

DATES: This regulation is effective June 22, 2018. Objections and
requests for hearings must be received on or before August 21, 2018,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2018-0071, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The 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 Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2018-0071 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
August 21, 2018. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2018-0071, by one of
the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of April 11, 2018 (83 FR 15528) (FRL-9975-
57), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the receipt of a pesticide petition (PP IN-11112)
filed by SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192 on
behalf of Solvay USA Inc., 504 Carnegie Center Princeton, NJ 08540. The
petition requested that 40 CFR 180.960 be amended by establishing an
exemption from the requirement of a tolerance for residues of oxirane,
2-methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether (CAS Reg. No.
2112825-11-1). That document included a summary of the petition
prepared by the petitioner and solicited comments on the petitioner's
request. No relevant comments were received on the notice of filing.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR

723.250(d). oxirane, 2-methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether conforms to the
definition of a polymer given in 40 CFR 723.250(b) and meets the
following criteria that are used to identify low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen,
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the Toxic Substances Control Act
(TSCA) Chemical Substance Inventory or manufactured under an applicable
TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as listed in 40 CFR
723.250(d)(6)
    Additionally, the polymer also meets as required the following
exemption criteria: Specified in 40 CFR 723.250(e):
    The polymer's number average MW of polymer's number average MW is
greater than 1,000 and less than 10,000 daltons. The polymer contains
less than 10% oligomeric material below MW 500 and less than 25%
oligomeric material below MW 1,000, and the polymer contains only
reactive functional groups listed in 40 CFR 723.250(e)(1)(ii)(A).
    Thus, oxirane, 2-methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether meets the criteria
for a polymer to be considered low risk under 40 CFR 723.250. Based on
its conformance to the criteria in this unit, no mammalian toxicity is
anticipated from dietary, inhalation, or dermal exposure to oxirane, 2-
methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that oxirane, 2-methyl-, polymer with
oxirane, mono[2-[2-(2-methoxymethylethoxy)methylethoxy]methylether]
ether could be present in all raw and processed agricultural
commodities and drinking water, and that non-occupational non-dietary
exposure was possible. The number average MW of oxirane, 2-methyl-,
polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether is 1900 daltons.
Generally, a polymer of this size would be poorly absorbed through the
intact gastrointestinal tract or through intact human skin. Since
oxirane, 2-methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether conform to the
criteria that identify a low-risk polymer, there are no concerns for
risks associated with any potential exposure scenarios that are
reasonably foreseeable. The Agency has determined that a tolerance is
not necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found oxirane, 2-methyl-, polymer with oxirane, mono[2-
[2-(2-methoxymethylethoxy)methylethoxy]methylether] ether to share a
common mechanism of toxicity with any other substances, and oxirane, 2-
methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
oxirane, 2-methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether does not have a
common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see EPA's website at http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of oxirane, 2-methyl-,
polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether, EPA has not used a
safety factor analysis to assess the risk. For the same reasons the
additional tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of oxirane, 2-methyl-, polymer with
oxirane, mono[2-[2-(2-methoxymethylethoxy)methylethoxy]methylether]
ether.

VIII. Other Considerations

A. Existing Exemptions From a Tolerance

    There are no existing exemptions from a tolerance for oxirane, 2-
methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether polymers.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of oxirane, 2-
methyl-, polymer with oxirane, mono[2-[2-(2-
methoxymethylethoxy)methylethoxy]methylether] ether from the
requirement of a tolerance will be safe.

X. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types

of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this action has been exempted from review under Executive Order
12866, this action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: June 8, 2018.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.960, alphabetically add the following polymer to the
table to read as follows:

Sec.  [emsp14]180.960   Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                  Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
Oxirane, 2-methyl-, polymer with oxirane,    CAS Reg. No. 2112825-11-1.
 mono[2-[2-(2-methoxymethylethoxy)
 methylethoxy]methylether] ether, minimum
 number average molecular weight (in amu),
 1400 daltons.

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2018-13457 Filed 6-21-18; 8:45 am]
 BILLING CODE 6560-50-P