Supporting Statement

Tribal Capacity:  Determining the Capability to Participate in the
National Environmental Information Exchange Network

U.S. Environmental Protection Agency

October 2008Table of Contents

	Page

Part A of the Supporting Statement	1

Identification of the Information Collection	1

Title of the Information Collection	1

Short Characterization/Abstract	1

Need for and Use of the Information Collection	1

Need/Authority for the Information Collection	1

Practical Utility/Users of the Data	2

Non-duplication, Consultations, and Other Collection Efforts	2

Non-duplication	2

Public Notice Required Prior to ICR Submission to OMB	2

Consultations	3

Effects of Less Frequent Collection	3

General Guidelines	3

Confidentiality	3

Sensitive Questions	3

The Respondents and the Information Requested	3

Respondents’ NAICS Codes	3

Information Requested	3

The Information Collected – Agency Activities, Collection Methodology,

	and Information	3

Agency Activities	3

Collection Methodology and Management	4

Small Entity Flexibility	4

Collection Schedule	4

Estimating the Burden and Cost of the Collection	4

Estimating Respondent Burden	4

Estimating Respondent Costs	4

Estimating Agency Burden and Costs	4

Burden Statement	5

Part B of the Supporting Statement	5 ICR Supporting Statement

Part A of the Supporting Statement

This Supporting Statement is for EPA ICR number 2299.01, Tribal
Capacity:  Determining the Capability to Participate in the National
Environmental Information Exchange Network, OMB Control No. 2025-new.
As required by the Paperwork Reduction Act (PRA) (44, U.S.C. 3501 et
seq.), EPA has solicited comments on specific aspects of the proposed
information collection and, receiving none, is submitting the ICR to OMB
for review and approval.

Identification of the Information Collection:

Collection Title:  Tribal Capacity:  Determining the Capability to
Participate in the National Environmental Information Exchange Network.

Abstract:  The National Environmental Information Exchange Network
(Exchange Network) is an Internet-based approach to exchange
environmental data among partners, specifically states, territories and
tribes.  Built on the principles of applying data standards; providing
secure, real-time access; and electronically collecting and storing
accurate information, the Exchange Network enables participants to
control and manage their own data while making it available to partners
via requests over a secure Internet connection.  By facilitating the
efficient exchange of environmental information among interested parties
at all levels of government, the Exchange Network has begun to transform
the way information is shared.

While some Indian Tribes have been active partners in the Exchange
Network, overall tribal participation is limited.  EPA has issued grants
that fund infrastructure and other support needed to share data on the
Network to just over 50 tribes or less than 10 percent of the more than
500 federally recognized tribes.  Of these, eight have exchanged data
over the Network and another five are developing the infrastructure
required to do so.

To expand tribal participation in the Exchange Network, EPA has been
working with the National Congress of American Indians (NCAI) under a
series of cooperative agreements.  NCAI is planning to conduct a
baseline assessment survey to obtain data to help identify barriers and
other factors that are limiting tribal participation in the Network.
The survey will focus on gathering information related to collection and
dissemination of environmental data; information technology
infrastructure, capacity, and needs; and awareness of the Exchange
Network.  The survey will be distributed to all federally recognized
tribes that are members of NCAI.  Response to the survey is voluntary.
NCAI will use the findings of this survey to design programs to broaden
tribal participation.

Need for and Use of the Information Collection

Need/Authority for the Information Collection:  EPA plans to use a
survey questionnaire, administered by and to the constituency/membership
of the National Congress of American Indians, in order to design
programs to broaden tribal participation in the Exchange Network.

Since 2002, the U.S. EPA has been supporting the implementation of the
Exchange Network through its National Environmental Information Exchange
Network Grant Program. The program provides funding for states,
territories, and Federally Recognized Indian tribes and has played an
enormous role in the current success of the Exchange Network.

Increased tribal participation in the Network will improve environmental
decision making and further environmental results nationwide.

Practical Utility/Users of the Data:  EPA will use the data collected
through this survey to strengthen tools available to tribes to further
environmental information management objectives of the Exchange Network
and improve environmental decision making on and around Indian lands.
These improved tools will facilitate tribal participation in the Network
and will make tribal data accessible to all Network partners, public and
private sector decision makers, and the public.

Non-Duplication, Consultations, and Other Collection Criteria

Non-Duplication:  The Office of Information Collection of the Agency’s
Office of Environmental Information has made every reasonable attempt to
ensure that this survey does not request data and information currently
available through less burdensome mechanisms.  EPA continues to work
closely with the National Congress of American Indians to obtain the
best available information on tribal participation in the Exchange
Network and tools needed to facilitate this participation.  NCAI has
developed the appropriate survey mechanism to elicit the needed
stakeholder information with the minimum amount of burden on their
tribal members.

Public Notice:  EPA published the PRA-required Federal Register notice
on May 12, 2008, announcing our intent to conduct a baseline assessment
survey of tribal stakeholders in the Exchange Network through the
National Congress of American Indians (NCAI).  The comment period under
this notice was 60 days.

Pursuant to section 3506(c )(2)(A) of the Paperwork Reduction Act, EPA
specifically solicited comments and information to enable us to:

Evaluate whether the proposed collection of information is necessary for
the proper performance of the functions of the Agency, including whether
the information will have practical utility.

Evaluate the accuracy of the Agency’s estimate of burden of the
proposed collection of information, including the validity of the
methodology and assumptions used.

Enhance the quality, unity, and clarity of the information to be
collected.

Minimize the burden of the collection of information on those who are to
respond.

EPA received no comments to the May 2008 Federal Register notice
regarding the Tribal Capacity survey.  No major revisions to the survey
tool were, therefore, required or made.

Consultations:  As previously stated, the Agency continues substantive
dialogue with the National Congress of American Indians, through its
existing cooperative agreement, to determine the need for, expectations
of, and data analysis expected through this information collection.
Additionally, discussions of this survey and potential improvements
garnered from it have been presented to the Exchange Network Leadership
Council (ENLC) and the Information Management Work Group (IMWG) to fully
meet the priorities reflected in the “Exchange Network Strategic
Plan,” July 2007.

Effects of Less Frequent Collection:  The Tribal Capacity ICR is a one
time only data collection activity for the respondents.

General Guidelines:  EPA will conduct data collection, through NCAI, in
accordance with the Paperwork Reduction Act guidelines in 5 CFR 1320.6
and EPA’s Quality Assurance Guidance.  Information to be disseminated
will comply with EPA’s Information Quality Guidelines, which were
developed for implementing OMB’s Guidelines for Ensuring and
Maximizing the Quality, Objectivity, Utility, and Integrity of the
Information Disseminated by Federal Agencies.

Confidentiality:  EPA and NCAI have developed the survey tool to
eliminate responses which contain Personally-Identifiable Information or
Confidential Business Information.  No confidential information is
requested within the survey.

Sensitive Questions:  No sensitive questions pertaining to private or
personal information will be asked in the survey.

Respondents and Information Requested

Respondents NAICS Codes:  NCAI will notify its membership of
federally-recognized tribes of the availability of the survey mechanism.
 Federally-recognized tribes are classified under the North American
Industry Classification System (NAICS) identification number 921150,
American Indian and Alaska Native Tribal Governments.

Information Requested:  The NCAI survey tool is attached to this
Supporting Statement.  EPA, through its cooperative agreement with NCAI,
plans to conduct a survey to collect and understand current tribal
collection, exchange, security and submission of environmental data.
The survey will also request information on availability of IT staff,
dedicated data systems, and future needs to improve environmental data
management.

NCAI and EPA designed the questionnaire to include many burden-reducing
features.  To that end, most questions are multiple-choice with comment
fields to provide tribe-specific information in support of the answer.
Analysis will utilize the multiple-choice answers as well as the
substance of the comments included in each response.

Information Collected – Agency Activities, Collection Methodology, and
Information

Agency Activities:  EPA, in cooperation with NCAI, has developed the
attached survey tool, sought public comment, developed this ICR,
collaborated with the ENLC and IMWG, and discussed potential analysis
and programmatic recommendations resulting from this survey.  NCAI will
distribute the survey, provide assistance to respondents in completing
their responses, receive and review responses, and summarize and analyze
data resulting from the survey responses.  Following this analysis, NCAI
will make recommendations to EPA on programmatic improvements to
increase tribal participation in the Network.  EPA will present program
changes to the ENLC and IMWG for review and approval.

Collection Methodology and Management:  NCAI will notify its membership
of the survey mechanism, available through the “Survey Monkey”
website, and provide hard copy (if requested) to respondents unable to
use the online tool.  Respondents will be offered 60 calendar days in
which to respond to the survey.

Small Entity Flexibility:  The survey has been designed to facilitate
responses from tribal environmental data/program managers.  Most
respondents will represent small tribal governments with limited
resources.  EPA and NCAI continue to collaborate to reduce the burden of
responding on these small entities.

Collection Schedule:  Upon approval by OMB, the survey will be provided
to NCAI’s membership within 30 calendar days.  Following the 60
calendar day response period, NCAI expects to make recommendations to
EPA on programmatic improvements within 90 calendar days of the end of
the response period.  EPA expects to implement any changes within the FY
2010 National Environmental Information Exchange Network Grants program.

Estimating the Burden and Cost of the Collection

Respondent Burden:  NCAI will provide the survey to the more than 350
tribal governments that are NCAI members.  The annual public reporting
and recordkeeping burden for this collection of information is estimated
to average 30 minutes per response.  Additionally, NCAI will provide
assistance to its entire membership to increase the response rate to the
survey and reduce the burden of finalizing responses.

Respondent Costs:  The direct labor cost to respondents to complete the
survey equals the time to read and understand the questions, gather the
information, and complete the survey form.  The non-labor costs each
respondent will incur include access and use to a computer with an
Internet connection.  Labor costs will comprise the majority of the
financial burden imposed on respondents.  Because EPA will not require
respondents to purchase any goods, including equipment or machinery, to
respond to the survey, we do not expect capital costs to result from
completing the survey.

Agency Burden and Costs:  Burden and costs for collection and analysis
of data resulting from this survey will be borne by NCAI under
cooperative agreement with EPA.  Increasing tribal participation in the
Exchange Network is an identified task under the Cooperative Agreement.
No costs to EPA are expected beyond invoiced time and labor under the
Cooperative Agreement.

Burden Statement:  The survey will be distributed to over 350 federally
recognized tribes that are members of NCAI.  Response to the survey is
voluntary.  EPA and NCAI estimate a total of 250 potential respondents,
each responding once to this one-time only survey.  The estimated total
burden is 125 hours.  No additional costs are expected.

##########

Part B of the Supporting Statement

Questionnaire Objectives, Key Variables, and Other Preliminaries

Objectives:  NCAI will use questionnaire information to expand
participation in the Exchange Network from tribal partners and increase
customer satisfaction from this constituency.

Key Variables:  The questionnaire attempts to understand individual
tribe’s environmental information collection needs, storage methods,
submission processes, and exchange mechanisms.  By understanding these
variables, NCAI will be better prepared to offer process improvements to
increase tribal participation and improve environmental data management.

Other Preliminaries:  NCAI will provide the questionnaire to the over
350 tribes currently members of their organization.  They will make
calls and provide hardcopy surveys to those tribal organizations unable
or unwilling to fill out the survey online.  The survey has been
developed in SurveyMonkey and been assigned EPA form number 5800-01.
NCAI will note within their distribution emails and listserves that
participation in this survey is voluntary.

Statistical Approach for the Survey.  NCAI expects a very high response
rate to the questionnaire.  NCAI will analyze the individual surveys for
themes which may generate recommendations to improve participation in
the Exchange Network.  No statistical limitations on responses will be
necessary.

Pretests and Pilot Tests.  NCAI previously surveyed their membership on
topics of common concern to determine current and future needs of their
constituency.  No pre-tests or pilots will be necessary for this
questionnaire.  Recommendations will be made from the survey data based
on tribal needs, Exchange Network strategic goals, and NCAI knowledge of
their members.

Collection Methods and Follow-Up.  The SurveyMonkey tool is attached to
this Supporting Statement.  A link to the questionnaire will be sent to
each member tribe of NCAI and will be highlighted on the NCAI website.
NCAI meetings, conventions, conference calls, and direct calls to tribes
will be used to ensure the widest possible audience has the opportunity
to respond to the survey.

Data Preparation and Analysis.  NCAI will analyze individual surveys for
themes which may generate recommendations to improve participation in
the Exchange Network.  Network governance bodies (e.g., ENLC, NOB) will
be notified of the results of this survey and provided recommendations
that may increase tribal participation within the Exchange Network.
Cross-media and cross-government solutions will be sought to efficiently
broaden the Exchange Network across all levels of government.

 PAGE

 PAGE   i


[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Pages 7981-7983]
[FR Doc No: 2020-02815]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-27-000.
    Applicants: Atlanta Gas Light Company.
    Description: Tariff filing per 284.123(b),(e)+(g): Update to
Statement of Rates to be effective 1/1/2020.
    Filed Date: 1/29/2020.
    Accession Number:<PHONE_NUMBER>30.
    Comments Due: 5 p.m. ET 2/19/2020.
    284.123(g) Protests Due: 5 p.m. ET 3/30/2020.

    Docket Number: PR20-28-000.
    Applicants: Midcoast Pipelines (Oklahoma Transmission) L.L.C.
    Description: Tariff filing per 284.123(e)+(g)/: Notice of
Cancellation of Statement of Operating Conditions to be effective 2/13/
2020.
    Filed Date: 1/30/2020.
    Accession Number:<PHONE_NUMBER>92.
    Comments Due: 5 p.m. ET 2/20/2020.
    284.123(g) Protests Due: 5 p.m. ET 3/30/2020.

    Docket Number: PR20-29-000.
    Applicants: Southern California Gas Company.
    Description: Tariff filing per 284.123(b),(e)+(g):
Offshore_Delivery_Service_Rate_Revision_January_2020 to be effective 1/
1/2020.
    Filed Date: 1/30/2020.
    Accession Number:<PHONE_NUMBER>18.
    Comments Due: 5 p.m. ET 2/20/2020.
    284.123(g) Protests Due: 5 p.m. ET 3/30/2020.

    Docket Number: PR20-30-000.
    Applicants: Caprock Permian Natural Gas Transmission LLC.
    Description: Tariff filing per 284.123(b),(e)+(g): CR Permian
Natural Gas transmission LLC Revised SOC (Name Change) to be effective
12/23/2019.
    Filed Date: 1/31/2020.
    Accession Number:<PHONE_NUMBER>44.
    Comments Due: 5 p.m. ET 2/21/2020.
    284.123(g) Protests Due: 5 p.m. ET 3/31/2020.

    Docket Number: PR20-2-003.
    Applicants: Valley Crossing Pipeline, LLC.
    Description: Tariff filing per 284.123(b),(e)+(g): Amended Petition
for Rate Approval and Statement of Operating Conditions 2-3-20 to be
effective 1/24/2020.
    Filed Date: 2/3/2020.
    Accession Number:<PHONE_NUMBER>36.
    Comments Due: 5 p.m. ET 2/24/2020.
    284.123(g) Protests Due: 5 p.m. ET 2/24/2020.

    Docket Number: PR20-5-002.
    Applicants: Midcoast Pipelines (North Texas) L.P.
    Description: Tariff filing per 284.123(b),(e)+(g): Amended
Statement of Operating Conditions; Change of Ownership to be effective
1/2/2020.

    Filed Date: 2/3/2020.
    Accession Number:<PHONE_NUMBER>60.
    Comments Due: 5 p.m. ET 2/24/2020.
    284.123(g) Protests Due: 5 p.m. ET 2/24/2020.

    Docket Number: PR20-3-001.
    Applicants: Gulf Coast Express Pipeline LLC.
    Description: Tariff filing per 284.123(b),(e)/: Amendment to
Petition for NGPA Section 311 Rate Approval (0.1.0) to be effective 9/
25/2019.
    Filed Date: 2/5/2020.
    Accession Number:<PHONE_NUMBER>62.
    Comments/Protests Due: 5 p.m. ET 2/19/2020.

    Docket Number: PR20-32-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Tariff filing per 284.123(b),(e)/: COH SOC Change
effective Feb 1 2020 to be effective 2/1/2020.
    Filed Date: 1/31/2020.
    Accession Number:<PHONE_NUMBER>01.
    Comments/Protests Due: 5 p.m. ET 2/25/2020.

    Docket Number: PR20-33-000.
    Applicants: Gulf Coast Express Pipeline LLC.
    Description: Tariff filing per 284.123(b),(e)+(g): Amendment to
Petition for NGPA Section 311 Rate Approval (1.0.0) to be effective 3/
1/2020.
    Filed Date: 2/5/2020.
    Accession Number:<PHONE_NUMBER>70.
    Comments Due: 5 p.m. ET 2/26/2020.
    284.123(g) Protests Due: 5 p.m. ET 2/26/2020.

    Docket Numbers: RP20-491-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020420 Negotiated Rates--
Sequent Energy Management, L.P. R-3075-13 to be effective 4/1/2020.
    Filed Date: 2/4/20.
    Accession Number: 20200204-5002.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-492-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020420 Negotiated Rates--
Castleton Commodities Merchant Trading R-4010-06 to be effective 4/1/
2020.
    Filed Date: 2/4/20.
    Accession Number: 20200204-5003.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-493-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020420 Negotiated Rates--
Castleton Commodities Merchant Trading R-4010-12 to be effective 4/1/
2020.
    Filed Date: 2/4/20,
    Accession Number: 20200204-5004.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-494-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020420 Negotiated Rates--
Castleton Commodities Merchant Trading R-4010-14 to be effective 4/1/
2020.
    Filed Date: 2/4/20.
    Accession Number: 20200204-5005.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-495-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020420 Negotiated Rates--
Castleton Commodities Merchant Trading R-4010-13 to be effective 4/1/
2020.
    Filed Date: 2/4/20.
    Accession Number: 20200204-5006.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-496-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020420 Negotiated Rates--Shell
Energy North America (US), L.P. R-2170-14 to be effective 4/1/2020.
    Filed Date: 2/4/20.
    Accession Number: 20200204-5007.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-497-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Contract and
Miscellaneous Filing to be effective 3/5/2020.
    Filed Date: 2/4/20.
    Accession Number: 20200204-5065.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-331-001.
    Applicants: Great Lakes Gas Transmission Limited Partnership.
    Description: Compliance filing Prepayments Compliance Filing to be
effective 1/15/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5006.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-498-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Amendment to Neg Rate Agmt (BP
46441) to be effective 2/4/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5005.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-499-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020520 Negotiated Rates--Shell
Energy North America (US), L.P. R-2170-17 to be effective 4/1/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5015.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-500-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020520 Negotiated Rates--Shell
Energy North America (US), L.P. R-2170-18 to be effective 4/1/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5016.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-501-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020520 Negotiated Rates--
Mercuria Energy America, LLC R-7540-20 to be effective 4/1/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5018.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-502-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020520 Negotiated Rates--
Mercuria Energy America, LLC R-7540-21 to be effective 4/1/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5019.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-503-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020520 Negotiated Rates--
Freepoint Commodities LLC R-7250-29 to be effective 4/1/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5020.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: RP20-504-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 020520 Negotiated Rates--
Freepoint Commodities LLC R-7250-28 to be effective 4/1/2020.
    Filed Date: 2/5/20.
    Accession Number: 20200205-5022.
    Comments Due: 5 p.m. ET 2/18/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing

requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 6, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-02815 Filed 2-11-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67165-67166]
[FR Doc No: 2011-27996]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC12-13-000.
    Applicants: Michigan Electric Transmission Company.
    Description: METC's application for approval of acquisition of
transmission assets pursuant to Section 203 of the Federal Power Act.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5131.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-136-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii): Queue No. V2-041; Original Service Agreement No. 3074
to be effective 9/19/2011.
    Filed Date: 10/19/2011.
    Accession Number: 20111019-5153.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 09, 2011.

    Docket Numbers: ER12-137-000.
    Applicants: Appalachian Power Company.
    Description: Appalachian Power Company submits tariff filing per
35.1: 20111020 APCo RS and SA Tariff to be effective 10/21/2011.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5095.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-138-000.
    Applicants: Union Electric Company, Entergy Arkansas, Inc.
    Description: Union Electric Company submits tariff filing per 35.1:
RS 94--Interchange Agreement with EAI and AECI to be effective 12/18/
2011.
    Filed Date: 10/20/2011.

    Accession Number: 20111020-5096.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-139-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Mississippi, Inc submits Notice of Termination
of the executed Interconnection and Operating Agreement and Generator
Imbalance Agreement, filed 11/22/00 with Duke Energy Southhaven, LLC.
    Filed Date: 10/19/2011.
    Accession Number: 20111021-0203.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 09, 2011.

    Docket Numbers: ER12-140-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): Incorporate Formula Rate Template for Kansas Power
Pool to be effective 12/1/2011.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5111.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-141-000.
    Applicants: NAP Trading and Marketing, Inc.
    Description: NAP Trading and Marketing, Inc submits Notice of
Cancellation of Market-Based Rate Tariff to be effective 10/21/11.
    Filed Date: 10/20/2011.
    Accession Number: 20111021-0204.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-142-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): EAI-Ameren Missouri
Certificate of Concurrence to be effective 12/18/2011.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5114.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-143-000.
    Applicants: Dominion Energy Kewaunee, Inc.
    Description: Dominion Energy Kewaunee, Inc. submits tariff filing
per 35: Compliance Filing--MBR Tariff Order of Affiliate Restrictions
to be effective 10/20/2011.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5121.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-144-000.
    Applicants: Dominion Energy Marketing, Inc.
    Description: Dominion Energy Marketing, Inc. submits tariff filing
per 35: Compliance Filing--MBR Tariff Order of Affiliate Restrictions
to be effective 10/20/2011.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5130.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-145-000.
    Applicants: Dominion Energy Manchester Street, Inc.
    Description: Dominion Energy Manchester Street, Inc. submits tariff
filing per 35: Compliance Filing--MBR Tariff Order of Affiliate
Restrictions to be effective 10/20/2011.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5132.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: ER12-146-000.
    Applicants: Dominion Energy New England, Inc.
    Description: Dominion Energy New England, Inc. submits tariff
filing per 35: Compliance Filing--MBR Tariff Order of Affiliate
Restrictions to be effective 10/20/2011.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5135.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES11-30-001.
    Applicants: System Energy Resources, Inc.
    Description: Supplemental Information of System Energy Resources,
Inc.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5154.
    Comment Date: 5 p.m. Eastern Time on Monday, October 31, 2011.

    Docket Numbers: ES11-40-001.
    Applicants: Entergy Mississippi, Inc., Entergy Services, Inc.,
Entergy Arkansas, Inc., Entergy Louisiana, LLC, Entergy New Orleans,
Inc., Entergy Gulf States Louisiana, L.L.C., System Energy Resources,
Inc., Entergy Texas, Inc.
    Description: Supplemental information of Entergy Services, Inc., et
al.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5157.
    Comment Date: 5 p.m. Eastern Time on Monday, October 31, 2011.

    Docket Numbers: ES11-44-001.
    Applicants: Georgia Power Company.
    Description: Amendment to Application of Georgia Power Company
under ES11-44.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5156.
    Comment Date: 5 p.m. Eastern Time on Monday, October 31, 2011.

    Docket Numbers: ES11-53-001.
    Applicants: System Energy Resources, Inc.
    Description: Supplemental Information of System Energy Resources,
Inc.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5155.
    Comment Date: 5 p.m. Eastern Time on Monday, October 31, 2011.

    Take notice that the Commission received the following qualifying
facility filings:
    Docket Numbers: QF86-1061-008, EL12-3-000.
    Applicants: Sunoco Power Generation LLC.
    Description: Sunoco Power Generation LLC submits a Request for a
Limited waiver of the Qualifying Facility Standards for 2010.
    Filed Date: 10/20/2011.
    Accession Number: 20111021-0201.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 10, 2011.

    Docket Numbers: QF12-11-000.
    Applicants: Green Lane Energy, Inc.
    Description: Form 556--Notice of self-certification of Green Lane
Energy, Inc.
    Filed Date: 10/20/2011.
    Accession Number: 20111020-5034.
    Comment Date: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/
efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 21, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-27996 Filed 10-28-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Page 8010]
[FR Doc No: 2021-02207]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0717; FRL-10020-20-OGC]

Proposed Settlement Agreement, Challenge to Clean Air Act;
Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; extension of comment
period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for a proposed Settlement Agreement to resolve petitions
for review filed by the State of Wyoming (``Wyoming'') and PacifiCorp
with respect to PacifiCorp's Wyodak electric generating unit (EGU).
Notice of the proposed Settlement Agreement was published in the
Federal Register on January 4, 2021. The notice provided for a 30-day
public comment period ending on February 3, 2021. EPA received a
request from the public seeking a 30-day extension of the comment
period. In response to this request, EPA is extending the comment
period for an additional 30 days until March 5, 2021.

DATES: The comment period for the proposed Settlement Agreement
published January 4, 2021 (86 FR 87) is extended. Written comments must
be received on or before March 5, 2021.

ADDRESSES: Follow the detailed instructions provided under ADDRESSES in
the Federal Register notice of January 4, 2021 (86 FR 87) (FRL-10019-
15-OGC).

FOR FURTHER INFORMATION CONTACT: Stephanie L. Hogan, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This document extends the public comment
period established in the Federal Register document of January 4, 2021
(86 FR 87) (FRL-10019-15-OGC). In that document, EPA provided notice of
a proposed Settlement Agreement to resolve petitions for review filed
by Wyoming and PacifiCorp with respect to PacifiCorp's Wyodak EGU, and
opened a 30-day public comment period on the proposed Settlement
Agreement consistent with Clean Air Act section 113(g). EPA is hereby
extending this comment period, which was set to end on February 3,
2021, to March 5, 2021. To submit comments, or access the docket,
please follow the detailed instructions provided under ADDRESSES in the
Federal Register document of January 4, 2021, 86 FR 87. If you have
questions, consult the person listed under FOR FURTHER INFORMATION
CONTACT in this document.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2021-02207 Filed 2-2-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 28, 2006 (Volume 71, Number 188)]
[Notices]
[Page 56969-56971]
[DOCID:fr28se06-53]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8224-5]

Agency Information Collection Activities; Proposed Collection;
Comment Request for Reformulated Gasoline Commingling Provisions; EPA
ICR No. 2228.02; OMB Control No. 2060-0566

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This
request is to renew an emergency ICR that is scheduled to expire on
December 31, 2006.

DATES: Comments must be submitted on or before November 27, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0745, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Air Docket, Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Fax or Hand Delivery: EPA's Public Reading Room was
temporarily closed due to flooding and has reopened in the EPA
Headquarters Library, Infoterra Room (Room 3334), in the EPA West
Building, 1301 Constitution Ave., NW., Washington, DC. In order to
ensure to arrange for proper fax or hand delivery of materials at this
time, please call the Air Docket at<PHONE_NUMBER>.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0745. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information for which disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification,

EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about EPA's
public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: Geanetta Heard, Office of
Transportation and Air Quality, Transportation and Regional Programs
Division, Mail Code 6406J, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
343-9017; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2006-0745. The docket is available for online viewing at
http://www.regulations.gov, and for in-person viewing at EPA's Public Reading

Room. The Public Reading Room was temporarily closed due to flooding
and reopened in the EPA Headquarters Library, Infoterra Room (Room
3334), in the EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m. Eastern Standard Time (EST) in its new location, Monday through
Friday, excluding legal holidays. The telephone number for the Air
Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft collection of

information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c) (2) (A) of the Paperwork Reduction Act,
EPA specifically solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
gasoline retailers, wholesale purchaser-consumers, gasoline stations,
gasoline stations with convenience stores and gasoline stations without
convenience stores.
    Title: Reformulated Gasoline Commingling Provisions.
    ICR numbers: EPA ICR No. 2228.02, OMB Control No. 2060-0566.
    ICR status: This ICR is currently scheduled to expire on December
31, 2006. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in Title 40 Part 9 of the CFR after being
approved. The control numbers are displayed either by publication in
the Federal Register or by other appropriate means, such as on the
related collection instrument or form, if applicable. The display of
OMB control numbers in certain EPA regulations is consolidated in 40
CFR Part 9.
    Abstract: With this information collection request (ICR), we are
seeking permission to accept notifications from gasoline retailers and
wholesale purchaser-consumers related to commingling of ethanol blended
and non-ethanol-blended reformulated gasoline (RFG) under section 1513
of the Energy Policy Act of 2005 (EPAct) and 40 CFR 80.78(a)(8)(ii)(B);
and to provide for a compliance option whereby a retailer or wholesale
purchaser-consumer may demonstrate compliance via test results under
Sec.  80.78(a)(8)(iii)(A). These provisions are designed to grant
compliance flexibility. An emergency ICR has been put in place and
expires December 31, 2006. We are requesting that the Office of
Management and Budget (OMB) renew this ICR and request that it be
effective three years after approval.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.25
hours (fifteen minutes) per respondent. Burden means the total time,
effort, or financial resources expended by a person to generate,
maintain, retain, or disclose or provide information to (or for) a
Federal agency. This includes the time needed to review instructions;
to develop, acquire, install, and utilize technology and systems for
the purposes of collecting, validating, and verifying information; to
process and maintain information; to disclose and provide information;
to adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; to train
personnel to be able to respond to a collection of information; to
search data sources; to complete and review the collection of
information; and to transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 56,700.
    Frequency of response: Occasional.
    Estimated total average number of responses for each respondent: 2.
    Estimated total annual burden hours: 27,675 hours.
    Estimated total annual costs: $1,964,925. This includes an
estimated

burden cost of $1,964,925 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is no change in the total estimated respondent burden
compared with that identified in the emergency ICR that expires
December 31, 2006.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: September 22, 2006.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
[FR Doc. E6-15976 Filed 9-27-06; 8:45 am]

BILLING CODE 6560-50-P


  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT

1.  Identification of the Information Collection

	Title:  Brownfields Program – Revitalization Grantee Reporting (OMB
Control Number 2050-0192; EPA ICR No. 2104.03).

	This is a request to renew an existing Information Collection Request
(ICR).  This ICR covers the collection of information from those
organizations that receive grants from EPA under the authority of
subtitle A and expand the collection to those eligible entities that
receive grants from EPA under the authority of subtitle C of the
“Small Business Liability Relief and Brownfields Revitalization Act”
(Public Law 107-118, January 2002).  Subtitle A of the Act amends the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), as amended, and authorizes EPA to award grants to States,
tribes, local governments, and other eligible entities to support the
assessment and cleanup of brownfields properties and subtitle C
authorizes a noncompetitive $50 million grant program to establish and
enhance state and tribal response programs. With this ICR, EPA’s
Office of Brownfields and Land Revitalization (OBLR) seeks authorization
to collect information from grant recipients using several standard
forms that will streamline the data collection effort and improve the
quality of information collected.  The information collected under this
ICR supplements the minimum reporting and record keeping requirements
that grant recipients are subject to under 40 CFR Part 30, “Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other
Non-profit Organizations” and 40 CFR Part 31, “Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.”  EPA estimates that all respondents who
voluntarily respond to this information collection by electing to
participate in the Brownfields grants program have determined that the
expected benefits of participation outweigh any burden associated with
preparing the response.

2.  Need for/Use of the Collection

	On January 11, 2002, the President signed into law the Small Business
Liability Relief and Brownfields Revitalization Act (the “Brownfields
Amendments”), which authorizes EPA to award several types of grants to
eligible entities.  Under subtitle A of the Brownfields Amendments,
States, tribes, local governments, and other eligible entities can
receive grants to:

(1)	inventory, characterize, assess, and conduct planning and community
involvement related to brownfields sites;

(2)	carry out cleanup activities at brownfields sites;

(3)	capitalize revolving loan funds and provide sub-grants for cleanup
activities; and

(4)	support the creation and implementation of environmental job
training and placement programs.

Under subtitle C of the Brownfields Amendments, States and tribes can
receive grants to:

	(1) establish or enhance a State response program that meets the four
elements;

	(2) establish or enhance a public record;

	(3) develop legislation, regulations, procedures, or guidance that
would establish or enhance the legal structure of the State program;

	(4) capitalize a revolving loan fund;

	(5) purchase environmental insurance; and

	(6) carry out site-specific environmental assessment and cleanup
activities.

In the Brownfields Amendments, a brownfields site means real property,
the expansion, redevelopment, or reuse of which may be complicated by
the presence or potential presence of a hazardous substance, pollutant,
or contaminant.  For grant funding purposes, EPA uses the term
“brownfields property(ies)” synonymously with the term
“brownfields site(s).”

	While the Agency collects basic grant information as part of its
Federal stewardship responsibilities to manage and oversee recipient
activities and expenditures (see 40 CFR Parts 30 and 31), OBLR needs
additional information from grant recipients to be reported in a
consistent manner in order to evaluate the effectiveness of the program
and to report on program activities and accomplishments to Congress and
other program stakeholders.  Specifically, OBLR has used and will
continue to use the information collected from grant recipients to
oversee the activities carried out using grant funds, to evaluate
program implementation and effectiveness, and to meet the Agency’s
responsibilities under the Government Performance and Results Act to
report on OBLR’s accomplishments.  The information collection
activities covered by this renewed ICR are intended to:  (1) continue to
improve the alignment of reporting requirements with programmatic
performance measures; and (2) simplify and standardize reporting
requirements to reduce uncertainty and burden imposed on grant
recipients.  Without the information collection, OBLR would have limited
access to information needed to effectively assess the relationship
between those activities funded by EPA’s Brownfields grants and the
intent of Congress with the passage of the Brownfields Amendments.

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

	3(a).  Non-duplication – There is no other known sources for the
information that EPA seeks under this ICR.  Moreover, this ICR
supplements, and does not duplicate, the information that EPA collects
as part of its reporting and record keeping provisions under the
Agency’s general assistance regulations at 40 CFR Part 30, “Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-profit Organizations,” and 40 CFR Part 31, “Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.”  EPA’s regulations at 40 CFR Part 31,
which implements the requirements of OMB Circular A-102, became
effective for awards made on or after October 1, 1988.  The Part 31 rule
(common rule) established uniformity among Federal agencies that award
Federal grants and cooperative agreements to States, political
subdivisions thereof, and Federally-recognized Indian Tribal
Governments.  Exhibit 1 identifies the tasks and burdens of grant
recipients that are covered under other OMB-approved ICRs.  This ICR
addresses the burden imposed on grant recipients and EPA associated with
the reporting requirements that are unique to grants awarded by EPA
under authority of subtitles A and C of the Brownfields Amendments.

Exhibit 1:  Grant Burdens Covered Under Other Agency ICRs

Task/Burden	Authority	Agency Approved ICR

Preliminary Grant Proposal	40 CFR Parts 30 and 31	OMB 2030-0020

Final Grant Proposal	40 CFR Parts 30 and 31	OMB 2030-0020

Budget Sheets	40 CFR Parts 30 and 31	OMB 2030-0020

Quarterly Progress Reports	40 CFR Parts 30 and 31	OMB 2030-0020

Notification of Significant Developments	40 CFR Parts 30 and 31	OMB
2030-0020

Procurement Reports	40 CFR Parts 30 and 31	OMB 2030-0020

Financial Reports	40 CFR Parts 30 and 31	 OMB 2030-0020

Project Records 	40 CFR Parts 30 and 31	OMB 2030-0020

	3(b).  Public Notice Required Prior to ICR Submission to OMB.  The
first notification of the Agency’s request for the renewal of this ICR
was published in the Federal Register on February 6, 2009 (74 FR 6286).
Concurrent with the submission of this ICR to OMB, EPA is publishing a
second Federal Register notice seeking public comments on this ICR.

	3(c).  Consultations – EPA has more than ten years of experience
managing a Brownfields grant programs that awarded more than 1,800
cooperative agreements to State, local, and tribal governments to
address brownfields properties.  For these Brownfields grants, EPA staff
have worked closely with the grant recipients to help them participate
in the program and address their brownfields properties.  As such, EPA
has a detailed understanding of the activities that grant recipients
undertake and the burden they incur for voluntarily participating in
EPA’s grant programs.  In addition, during the preparation of the
initial ICR in 2003 and the reporting forms that are included, EPA
contacted eight Brownfields pilot recipients to ask them specific
questions about the burden associated with completing the draft forms
included in this ICR.  Grant recipient responses form the basis of
EPA’s calculations of the burden hours and costs.

For the first renewal of this ICR in 2006 the ICR was expanded to
include reporting from subtitle C grant recipients. To do so, EPA
consulted with several State and Tribal representatives when working on
modifications to the Property Profile Form. State personnel involved
included:  Barbara Coler, State of California; Andrew Shivas, State of
Tennessee; Mark Walker, State of Colorado; Amy Yersavich, Ohio; and
Catherine Sharp, State of Oklahoma.  Tribal personnel included Susan
Morang, Cherokee Nation.

For this second renewal of the ICR, EPA has added additional fields to
the Property Profile Form. EPA contacted eight Brownfields Grant
recipients to ask them specific questions about the burden associated
with completing the draft new fields for the Property Profile Form
included in this renewal ICR.

	3(d).  Effects of Less Frequent Collection – The information
collection schedule is consistent with the Agency’s reporting schedule
for general assistance grants.  Less frequent collection may not enable
EPA to oversee and manage Brownfields grants effectively and would
lessen OBLR’s ability to report up-to-date and accurate information on
program activities and accomplishments.  In consideration of the burden
imposed on grant recipients, EPA has adopted less frequent reporting for
the Property Profile Form in which grant recipients are required to
update and submit the form as notable activities or changes occur at a
particular property.  EPA anticipates that recipients of subtitle A
assessment, cleanup, and revolving loan fund grants will submit an
updated Property Profile Form to EPA, two times on average a year but
not more than four times a year (i.e. quarterly). For subtitle C State
and tribal response program grants, EPA anticipates that recipients will
submit a Property Profile Form to EPA twice a year in line with the
bi-annual reporting guidelines.

	3(e).  General Guidelines – The information collection is consistent
with the guidelines set forth in 5 CFR 1320.6 of the Paperwork Reduction
Act Guidelines.

	3(f).  Confidentiality – No confidentiality is provided and no
sensitive information is collected under this ICR.

	3(g).  Sensitive Questions – Sensitive questions are not associated
with the information collection activities performed under Public Law
107-118.

4.  Respondents and Information Requested

	4(a).  Respondents – Respondents under this ICR are those entities
who voluntarily elect to participate in the Brownfields grant programs
and receive grant funding from EPA under the authority of subtitle A
and/or C of the Brownfields Amendments.  Specifically, respondents to
this information collection include:   general purpose units of local
government (NAICS Code: 92411); land clearance authorities or other
quasi-governmental entities that operate under the supervision and
control of, or as an agent of, a general purpose unit of local
government (NAICS Code: 92411); government entities created by State
legislature (NAICS Code: 92411); regional councils or groups of general
purpose units of local government (NAICS Code: 92411); redevelopment
agencies that are chartered or otherwise sanctioned by the State (NAICS
Code: 92411); States (NAICS Code: 92411); Indian Tribes other than in
Alaska (NAICS Code: 92115); Alaska Native Regional Corporations, Alaska
Native Village Corporations, and Metlakatla Indian Communities (NAICS
Code:92115); and non-profit organizations (NAICS Code: 81331).

	4(b).  Information Requested – The information requested by EPA under
this ICR includes information from grant recipients specific to the
activities undertaken and the accomplishments that result using
Brownfields grant funds.  The information to be collected by EPA will
vary by the type of grant awarded to the respondent.  Brownfields job
training grant recipients are required to complete on a quarterly basis
the Brownfields Job Training Reporting Form.  The Job Training Reporting
Form seeks basic information on how grant funds were used to support job
training programs and the accomplishments stemming from those programs.
For example, job training grant recipients will report the number of
participants who have completed the training, whether participants
obtained employment, and the average hourly wages of participants who
obtained employment.

For Brownfields assessment, cleanup, revolving loan fund grants, and
property-specific activities of the State Response Program Grants, EPA
requires subtitle A and C grant recipients  to prepare an initial
Brownfields Property Profile Form for each property the grant intends to
address. The Property Profile Form complements the information collected
as part of the progress reports required by the general assistance
regulations, and requests basic information about each brownfields
property covered by the grant, such as property name, location, parcel
number, and size.  EPA requires grant recipients to update the Property
Profile Form as notable activities or changes occur on the property, but
no more frequently than quarterly for subtitle A grant recipients and no
more than twice a year for subtitle C grant recipients.  For example, as
an assessment of the property is completed, grant recipients are
required to complete the portion of the Property Profile Form that
applies to assessments, and provide basic information to EPA on the type
of assessment, date of completion, and results or findings of the
assessment.  Other sections of the Property Profile Form collect basic
information on cleanups and any redevelopment activities that occur on
the property, including estimates of the number of jobs that result.

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

	5(a).  Agency Activities – EPA is responsible to Congress and other
stakeholders to ensure that its resources are being used efficiently and
effectively, to evaluate the progress of the grant recipients in meeting
the goals of EPA’s Brownfields Cleanup and Redevelopment Program, and
to share the successes, lessons learned, and best practices among
Brownfields grant recipients.   EPA will collect the information using
standardized forms that minimize the burden on respondents while
ensuring consistent information that can be easily aggregated and
accurately reported.  EPA program staff will review the information
collected to keep current on grant activities, and will enter the
information into the Agency’s Assessment, Cleanup, and Redevelopment
Exchange System (ACRES), formerly known as the Brownfields Management
System (BMS).  EPA uses ACRES to maintain information on all of its
Brownfields grants’ property specific activities, develop reports to
support management and program evaluation activities, and to report
accomplishments achieved as part of the Agency’s responsibilities
under GPRA.

	5(b).  Collection Methodology and Management – EPA will collect data
under this ICR using a standard set of forms, instructions, and guidance
that are designed to simplify and facilitate the reporting requirements
for grant recipients.  In fulfilling the requirements under the
Government Paperwork Elimination Act (Public Law 105-277), EPA developed
an electronic reporting process that will allow grant recipients to
report their data electronically.  This electronic reporting process
will be integrated with EPA’s Enterprise Architecture to further
streamline the Agency’s data management and reporting
responsibilities.  EPA released the electronic reporting process in
January 2007 and all Brownfields grant recipients starting from FY 2003
have been given access.  EPA has modified its reporting guidance and
provides training on the electronic reporting process.  EPA has achieved
early positive returns in user acceptance of the electronic reporting
process since its release and continues to anticipate that the
electronic reporting process may reduce the burden placed on grant
recipients during the next three years of this ICR. Preliminary
estimates based on conversations with current and former Brownfields
grant recipients suggest that such a process will reduce the reporting
burden by an estimated 20 to 50 percent.

5(c).  Small Entity Flexibility – This information collection request
is expected to affect small governmental jurisdictions, which are
defined as governments of cities, counties, towns, townships, villages,
school districts, or special districts with populations of less than
50,000.  This definition may also include Indian Tribes, in keeping with
the President’s Federal Indian Policy.  EPA has considered whether to
establish different reporting requirements for small entities and has
determined that: (1) different reporting requirements among grant
recipients will result in inconsistent data that may lessen the
Agency’s ability to oversee and report on program activities and
accomplishments; (2) the burden imposed by this information collection
is relatively small and small entities should not be unduly burdened by
the reporting requirement; and (3) the Brownfields grants program is
voluntary and respondents who elect to participate in this program have
determined that the expected benefits of participation outweigh any
burden associated with preparing the response.

	5(d).  Collection Schedule – The information to be collected under
this ICR for subtitle A assessment, cleanup, and revolving loan fund
grant recipients shall not occur more frequently than quarterly and no
more than twice a year for subtitle C property specific activities.
Brownfields Job Training grant recipients must complete and/or update
their Brownfields Job Training Performance Form every quarter.  For
subtitle A assessment, cleanup, revolving loan fund grants, and subtitle
C property specific activities, grant recipients will be required to
prepare an initial Property Profile Form for each property at which the
grant  starts to address, and to update the Property Profile forms for
only those properties in which notable activities or changes have
occurred during the last reporting period.

6. Estimating the Burden and Cost of the Collection

	6(a).  Estimating respondent burden - A “unit” burden is the burden
incurred by a respondent for performing a specific activity that is not
covered by another ICR (such as 40 CFR Parts 30 and 31).  The estimated
burden is incurred by the following activities:

	Completion of the Brownfields Job Training Reporting Form;

	Initial completion of the Brownfields Property Profile Form; and

Periodic updating of the Brownfields Property Profile Form to report
progress on specific properties undergoing assessment, cleanup, or
redevelopment.

The estimated burden for respondents receiving grants from the EPA
Brownfields appropriation is presented in Exhibit 2 and the estimated
burden for respondents receiving grants through funding authorized by
the American Recovery and Reinvestment Act of 2009 is presented in
Exhibit 3.

	If any burdens were found to be imposed in the ICR by a rule that
supercedes the Brownfields Amendments, those burdens, or a percentage of
those burdens, were removed from the overall burden calculation in this
ICR (see Exhibit 1).

	6(b).  Estimating respondent costs - To estimate the unit burden
(hours) and hourly rate for the original information collection
activity, EPA relied on its extensive experience working closely with
Brownfields grant recipients, as well as in-depth interviews with eight
current or former grant recipients specific to this ICR.  Those
interviewed were shown draft copies of all forms and accompanying
instructions and guidance that would be used for reporting and asked to
estimate: (1) the number of hours that would be required to perform each
task; and (2) the labor mix required to perform each task (e.g.,
percentage of management, technical, clerical).  The data gathered from
these interviews were then analyzed to estimate the unit burden and
labor mix.

For the expansion and renewal of this information collection request in
2006, EPA carried forward the same assumptions that were made for the
original request. EPA has expanded the information collection request to
include subtitle C grant recipients and uses the original estimates of
time and labor to estimate the increased unit burden.

For this renewal, EPA has added three new fields to the Property Profile
Form, otherwise the forms and data collection remains unchanged. To
estimate the unit burden (hours) and hourly rate for the renewed
information collection activity, EPA conducted in-depth interviews with
eight current grant recipients specific to this ICR.  Those interviewed
were shown draft copies of the new fields and accompanying instructions
and guidance that would be used for reporting and asked to estimate: (1)
the number of hours that would be required to perform each task; and (2)
the labor mix required to perform each task (e.g., percentage of
management, technical, clerical).  The data gathered from these
interviews were then analyzed to estimate the unit burden and labor mix.

Exhibit 2 - Annual Respondent Burden and Cost for Grantees Receiving
Grants from the EPA Brownfields Appropriation

Activity 	Unit Burden (Hours)	Unit Labor Cost* (Dollars)	Total Unit Cost
(Dollars)	Average Number of Responses/Year	Total Burden/Year (Hours)
Total Cost/Year (Dollars)*

Job Training Reporting Form	5	$95.74 	$478.70 	93	465	$44,519

Initial Completion of Property Profile Form (Subtitle A)	1	$95.74
$95.74 	1,225	1225	$117,282

Initial Completion of Property Profile Form (Subtitle C)	1	$95.74
$95.74 	637	637	$60,986

Update of Property Profile Form (Subtitle A)	1.5	$95.74 	$143.61 	3,752
5627.5	$538,777

Update of Property Profile Form (Subtitle C)	1.5	$95.74 	$143.61 	2248
3,372	$322,792

TOTAL	7,954	11,326	$1,084,356

AVERAGE TOTAL COST PER BURDEN HOUR	$95.74

* Unit Labor Cost in Dollars reflects a “loaded” rate for benefits
and overhead.

Exhibit 3 - Annual Respondent Burden and Cost for Grantees Receiving
Grants Through Funding Authorized by the American Recovery and
Reinvestment Act of 2009

Activity 	Unit Burden (Hours)	Unit Labor Cost* (Dollars)	Total Unit Cost
(Dollars)	Average Number of Responses/Year*	Total Burden/Year (Hours)*
Total Cost/Year (Dollars)*

Job Training Reporting Form	5	$95.74 	$478.70 	93	465	$44,519

Initial Completion of Property Profile Form (Subtitle A)	1	$95.74
$95.74 	417	417	$39,892

Update of Property Profile Form (Subtitle A)	1.5	$95.74 	$143.61 	2,895
4342	$415,712

TOTAL	3,404	5,224	$500,123

AVERAGE TOTAL COST PER BURDEN HOUR	$95.74

* Unit Labor Cost in Dollars reflects a “loaded” rate for benefits
and overhead.

	The unit labor cost (dollars) for this burden estimate is a weighted
hourly rate based upon the estimated labor mix and wage rates gathered
from the U.S. Bureau of Labor Statistics (BLS).  Across all tasks, data
from consultations indicate that the average grantee will incur 15
percent of its burden with executive/managerial staff labor, 5 percent
with professional specialty staff labor, 70 percent with technical
labor, and 10 percent with administrative support or clerical labor.
This labor mix was applied to BLS, National Compensation Survey (NCS)
data issued in December 2008 for a weighted hourly rate of $45.59 and an
estimated fully loaded rate of $95.74.

	Job training grant recipients will be required to report progress on a
quarterly basis using EPA’s “Brownfields Job Training Reporting
Form.”  Grant recipients will be required to report progress on a
quarterly basis, with each update requiring approximately 5 hours for a
unit burden of $478.70.  The majority of this burden stems from the
collection of salary or wage information from job training program
participants who are able to find employment.

	Subtitle A cleanup, assessment, and revolving loan fund grant
recipients will be required to report progress with the “Brownfields
Property Profile Form.”  EPA anticipates that the initial completion
of this form will require approximately 1 hour.  Grant recipients will
be required to update this form as grant milestones are achieved, though
not more frequently than quarterly.  It is estimated that each update
will require approximately 1.5 hours for a unit burden of $143.61.  It
is estimated that each form will be updated an average of twice per
year.

	Cleanup and assessment grants awarded under subtitle A of the
Brownfields Amendments cover a period of performance of two years, and
revolving loan fund grants cover a period of performance up to 5 years.
Based on the Agency’s experience under its grants program, EPA
estimates that at the end of two years, approximately 75 percent of
grants will receive a no-cost extension, approximately 20 percent of
grant recipients will receive supplemental awards, and 5 percent of
grants will close out.  Grant recipients that receive either a no-cost
extension or a supplemental award will be required to continue to report
on their grant activities using the forms authorized under this ICR. In
addition, grants that have closed out may undergo a five-year review
conducted five years after close out. The five year review gathers data
on the current status of properties that benefited from EPA funding
while the grant was active using the forms authorized under this ICR.
This burden is included in the estimated number of responses per year
and, therefore, the overall burden calculation estimated for this ICR.

	Subtitle C grant recipients that conduct property specific activities
will be required to report progress with the “Brownfields Property
Profile Form.”  EPA anticipates that the initial completion of this
form will require approximately 1 hour.  Grant recipients will be
required to update this form as grant milestones are achieved, though
not more frequently than twice a year.  It is estimated that each update
will require approximately 1.5 hours for a unit burden of $143.61.  It
is estimated that each form will be updated an average of twice per
year.

	All grants awarded under subtitle C of the Brownfields Amendments have
at least a one year period of performance or can be a multi-year grant
depending on the State’s financial need for continued funding. Based
on the Agency’s understanding of State response programs, EPA
estimates that one-half of the State grant recipients have sophisticated
response programs and can complete property specific activities with in
one year, therefore submitting a total of two responses. EPA further
estimates that the remaining State, tribal, and US territories that
receive grant funding take two years to complete property specific
activities therefore submitting a total of four responses.

	Start-up costs to meet the Brownfields grants reporting requirements
are minimal and are a part of the customary and usual expenses incurred
by grant recipients.  There are no capital costs related to Brownfields
reporting requirements.  Therefore, total start-up and capital costs are
zero.  There are no operation and maintenance costs required.

	6(c).  Agency burden and costs - EPA incurs a burden in the process of
requesting, reviewing and processing the information covered by this
ICR.  This burden includes:

	Reviewing and processing Brownfields Job Training Reporting Forms;

	Reviewing and processing initial Brownfields Property Profile Forms;
and

	Reviewing and processing updates of Brownfields Property Profile Forms.

The estimated burden associated with EPA activities for respondents with
a grant from the EPA Brownfields appropriation is presented in Exhibit 4
and the estimated burden associated with EPA activities for respondents
with a grant funded by the American Recovery and Reinvestment Act of
2009 is presented in Exhibit 5.

.  Exhibit 4 - Annual Agency Burden and Cost for Grants from the EPA
Brownfields Appropriation

Activity 	Unit Burden (Hours)	Unit Labor Cost* (Dollars)	Total Unit Cost
(Dollars)	Average Number of Responses / Forms  per Year (Full)	Total
Burden/Year (Hours)*	Total Cost/Year (Dollars)*

Review and Process Job Training Reporting Form	1.5	$49.46 	$74.19 	93
140	$6,900

Review and Process Initial Property Profile Form (Subtitle A)	2.5	$49.46
	$123.65 	1,225	3,063	$151,471

 Review and Process Initial Property Profile Form (Subtitle C)	2.5
$49.46 	$123.65 	637	1,593	$78,765

Review and Process Updates of Property Profile Form (Subtitle A)	2
$49.46 	$98.92 	3,752	7,503	$371,115

Review and Process Updates of Property Profile Form (Subtitle C)	2
$49.46 	$98.92 	2248	4,495	$222,342

TOTAL	7,954	16,793	$830,593

AVERAGE TOTAL COST PER BURDEN HOUR	$49.46

* Unit Labor Cost in Dollars reflects a “loaded” rate for benefits
and overhead.

Exhibit 5 - Annual Agency Burden and Cost for Grants from the American
Recovery and Reinvestment Act of 2009

Activity 	Unit Burden (Hours)	Unit Labor Cost* (Dollars)	Total Unit Cost
(Dollars)	Average Number of Responses / Forms  per Year (Full)	Total
Burden/Year (Hours)*	Total Cost/Year (Dollars)*

Review and Process Job Training Reporting Form	1.5	$49.46 	$74.19 	93
140	$6,900

Review and Process Initial Property Profile Form (Subtitle A)	2.5	$49.46
	$123.65 	417	1,042	$51,521

Review and Process Updates of Property Profile Form (Subtitle A)	2
$49.46 	$98.92 	2,895	5,789	$286,347

TOTAL	3,404	6,971	$344,767

AVERAGE TOTAL COST PER BURDEN HOUR	$49.46

* Unit Labor Cost in Dollars reflects a “loaded” rate for benefits
and overhead.

	The burden imposed upon EPA was initially estimated by:  (1)
interviewing EPA Regional and Headquarters staff to gather individual
estimates of the time required to perform each activity and the GS level
of the staff performing those tasks; (2) averaging the time data to
estimate the number of hours required for each burden element; (3)
averaging the data on the percentage of time performed by particular
staff GS levels; (4) developing a weighted hourly rate based upon
percentage of staff labor at different GS levels devoted to each task;
and (5) determining the product of the weighted hourly rate and the
number of hours required per activity.

	For the renewal and expansion of this information collection request,
EPA is using the same estimates that were used to initially calculate
the federal burden.

	The weighted hourly rate utilized in the Federal burden estimate is
based upon the following composite:

GS Level	Percent	Hourly Wage Rate*

GS 4, Step 1	10%	$11.57

GS 11, Step 1	10%	$23.74

GS 13, Step 1	75%	$33.84

GS 14, Step 1	5%	$39.98

Weighted Rate  	$30.91

*Rates for 2009 General Schedule
(http://www.opm.gov/oca/09tables/html/gs_h.asp)

	6(d).  Estimated Respondent Universe and Total Burden and Costs – The
estimated annual average number of respondents per year for this
information collection is 544 respondents (294 respondents receiving
grants from the EPA Brownfields appropriation and 250 respondents
receiving grants through the American Recovery and Reinvestment Act of
2009), with the average total number of responses per year estimated at
11,358 (7,954 responses from respondents receiving grants from the EPA
Brownfields appropriation and 3,404 responses respondents receiving
grants through the American Recovery and Reinvestment Act of 2009).  As
presented in Exhibits 2 & 3, the total average annual burden to
respondents is 16,550 hours per year at a cost of $1,584,479.

	6(e).  Bottom-line burden hours and costs – Exhibits 2 - 5 provide
the bottom-line burden hours and costs for respondents and EPA, and are
summarized below. The hours and costs presented in these exhibits
represent the average annual burden resulting from this information
collection; the total burden hours and costs for the three-year period
covered under this ICR is estimated to be three times the total hours
and costs provided in each exhibit.

Bottom-Line Annual Respondent Burden and Costs

Annual Responses	11,358

Annual Hour Burden	16,550

Annual Costs	$1,584,479

Bottom-Line Annual EPA Burden and Costs

Annual Responses	11,358

Annual Hour Burden	23,764

Annual Costs	$1,175,360

	6(f).  Reasons for Change in Burden – There are two reasons for the
increase in burden. The first reason is that the EPA Brownfields Program
was the beneficiary of $100 million in funding from the American
Recovery and Reinvestment Act of 2009, the majority of which is going
towards awarding approximately 200 additional grants in the first year
of the ICR. EPA had to include these stimulus grantees into its ICR in
order to collect Property Profile Form data or JT Form data to measure
environmental accomplishments. The second reason is that the EPA
Brownfields Program has increased its fully-loaded rates to account for
increases in the cost of benefits and overhead incurred by grant
recipients and EPA staff impacted by this data collection. This is the
first benefits and overhead rate adjustment since the Brownfields ICR
was first approved in 2003.

	6(g).  Burden Statement –  The annual public reporting and
recordkeeping burden for this collection of information is estimated to
average 5 hours per response for job training grant recipients, and 1.25
hours per response for subtitle A assessment, cleanup, and revolving
loan fund and subtitle C grant recipients.  Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a Federal
agency.  This includes the time needed to review instructions; develop,
acquire, install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.  An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a
currently valid OMB control number.  The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-SFUND-2009-0078, which is available for public viewing at the
Superfund Docket in the EPA Docket Center (EPA/DC),  EPA West, Room
3334, 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<PHONE_NUMBER>, and the telephone number for the Superfund
Docket is<PHONE_NUMBER>. An electronic version of the public docket is
available at www.regulations.gov.  This site can be used to submit or
view public comments, access the index listing of the contents of the
public docket, and to access those documents in the public docket that
are available electronically.  When in the system, select “search,”
then key in the Docket ID Number identified above. Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503,
Attention: Desk Office for EPA.  Please include the EPA Docket ID No.
EPA-HQ-SFUND-2009-0078 and OMB Control Number 2050-0192 in any
correspondence.

 For the purposes of the Brownfields grant program, EPA uses the
definition of non-profit organization contained in Section 4(6) of the
Federal Financial Assistance Management Improvement Act of 1999, Public
Law 106-107.

NAICS Codes as of 2002. Source:   HYPERLINK
"http://www.census.gov/epcd/naics02/naicod02.htm"
http://www.census.gov/epcd/naics02/naicod02.htm

	4See Bureau of Labor Statistics publication entitled “Employer costs
per hour worked for employee compensation and costs as a percent of
total compensation: State and local government, by occupational group,
March 2005
http://stats.bls.gov/news.release/ecec.t0⸴瑨⍭潣瑮湥⹴†–䑁
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6


[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Notices]
[Page 58664-58665]
[DOCID:fr13no09-99]

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

[Release No. 34-60945; File No. SR-NYSEArca-2009-97]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its
Schedule of Fees and Charges for Exchange Services

November 5, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 26, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') 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 self-regulatory
organization. NYSE Arca filed the proposal pursuant to Section
19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(2) \5\ thereunder. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19-b4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the section of its Schedule of Fees
and Charges for Exchange Services (the ``Schedule''). While changes to
the Schedule pursuant to this proposal will be effective upon filing,
the changes will become operative on November 2, 2009. A copy of this
filing is available on the Exchange's Web site at http://www.nyse.com,
at the Exchange's principal office 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to reduce the volume levels and rates for
Tier 1 and Tier 2 effective November 2, 2009. A more detailed
description of the proposed changes follows.
Tier 1
    Currently Tier 1 rates are applied to ETP Holders and Market Makers
that provide liquidity on the Exchange with an average daily volume
(``ADV'') per month of 30 million shares and transact a total ADV per
month of 90 million shares (includes both adding and removing). Under
this proposal Tier 1 rates will be applied to ETP Holders and Market
Makers that provide liquidity on the Exchange with an ADV per month of
25 million shares and transact a total ADV per month of 80 million
shares. The Exchange will also lower both the rebate for adding
liquidity and the fee for removing liquidity. Currently, the rebate for
adding liquidity is set at $0.0030 per share, and the fee for removing
liquidity is set at $0.0030 per share. Under this proposal the rebate
for adding liquidity will be $0.0027 and the fee for removing liquidity
will be $0.0027.
Tier 2
    Currently Tier 2 rates are applied to ETP Holders and Market Makers
that provide liquidity on the Exchange with an ADV per month of 20
million shares and transact a total ADV per month of 60 million shares.
Under this proposal Tier 2 rates will be applied to ETP Holders and
Market Makers that provide liquidity on the Exchange with an ADV of 15
million shares and transact a total ADV per month of 50 million shares.
The Exchange will also lower both the rebate for adding liquidity and
the fee for removing liquidity. Currently, the rebate for adding
liquidity is set at $0.0028 per share, and the fee for removing
liquidity is set at $0.0030 per share. Under this proposal the rebate
for adding liquidity will be $0.0026 and the fee for removing liquidity
will be $0.0028.
    The Exchange recognizes that volumes in November and December can
be seasonally lighter during the holidays, and is therefore reducing
the Tier 1 and Tier 2 volume requirements to qualify for the Exchange's
best rates.
Provide Tier
    The Exchange also plans to implement a new Provide Tier. The
Provide Tier will be applied to ETP Holders and Market Makers that
transact an average daily share volume per month greater than 35
million shares in transactions that provide displayed liquidity to the
Exchange. For qualifying customers the Exchange will pay a rebate of
$0.0027 per share for transactions that add liquidity in Tape A and
Tape C securities. Basic Rate pricing will apply for removing liquidity
unless tiered rate volume levels are obtained. For example, firms
qualifying for both the Provide Tier and Tier 2 will receive a $0.0027
rebate for providing liquidity and the Tier 2 rate of $0.0028 for
removing liquidity.
    The proposed changes to the Schedule are part of the Exchange's
continued effort to attract and enhance participation on the Exchange,
by offering attractive rates and rebates with volume-based incentives.
The Exchange believes the proposed fees are reasonable and equitable in
that they apply uniformly to all ETP Holders. The proposed changes will
become operative on November 2, 2009.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 [sic] of the Securities Exchange Act
of 1934 (the ``Act''),\6\ in general, and Section 6(b)(4) of the
Act,\7\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The proposed
changes to the Schedule are part of the Exchange's continued effort to
attract and enhance participation on the Exchange, by offering
attractive rates and rebates with volume-based incentives. The Exchange
believes that the proposed changes to the Schedule are equitable in
that they apply uniformly to all Users.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE Arca on its members.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-97 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-97. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2009-97 and should
be submitted on or before December 4, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27254 Filed 11-12-09; 8:45 am]

BILLING CODE 8011-01-P