[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Rules and Regulations]
[Pages 31468-31470]
[FR Doc No: 2011-13488]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 5, 10, 14, 19, 20, 21, 314, 350, 516, and 814

[Docket No. FDA-2011-N-0318]

Division of Freedom of Information; Change of Office Name,
Address, Telephone Number, and Fax Number; Technical Amendments

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendments.

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SUMMARY: The Food and Drug Administration (FDA) is amending the
Agency's regulations to reflect changes to the Division of Freedom of
Information's office name, address, telephone number, and fax number
and the Division of Freedom of Information Public Reading room's fax
and room number. This action is editorial in nature and is intended to
improve the accuracy of the Agency's regulations.

DATES: This rule is effective June 1, 2011.

FOR FURTHER INFORMATION CONTACT: Fred Sadler, Division of Freedom of
Information (ELEM-1029), Food and Drug Administration, 12420 Parklawn
Dr., Element Bldg., Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is making technical amendments in the
Agency's regulations under 21 CFR parts 5, 10, 14, 19, 20, 21, 314,
350, 516, and 814 as a result of a recent office move. The former
address, telephone number, and fax number was: rm. 6-30, Parklawn
Bldg., 5600 Fishers Lane, Rockville, MD 20857, telephone:<PHONE_NUMBER>,
FAX:<PHONE_NUMBER>. The new address is: Division of Freedom of
Information (ELEM-1029), 12420 Parklawn Dr., Element Bldg., Rockville,
MD 20857, telephone:<PHONE_NUMBER>, FAX:<PHONE_NUMBER>. The Division of
Freedom of Information Public Reading Room number is 1050.
    Publication of this document constitutes final action of these
changes under the Administrative Procedures Act (5 U.S.C. 553). FDA has
determined that notice and public comment are unnecessary because these
amendments are merely correcting nonsubstantive errors.

List of Subjects

21 CFR Part 5

    Authority delegations (Government agencies), Imports, Organization
and functions (Government agencies).

21 CFR Part 10

    Administrative practice and procedure, News media.

21 CFR Part 14

    Administrative practice and procedure, Advisory committees, Color
additives, Drugs, Radiation protection.

21 CFR Part 19

    Conflict of interests.

21 CFR Part 20

    Confidential business information, Courts, Freedom of Information,
Government employees.

21 CFR Part 21

    Privacy.

21 CFR Part 314

    Administrative practice and procedure, Confidential business
information, Drugs, Reporting and recordkeeping requirements.

21 CFR Part 350

    Labeling, Over-the-counter drugs.

21 CFR Part 516

    Administrative practice and procedure, Animal drugs, Confidential
business information, Reporting and recordkeeping requirements.

21 CFR Part 814

    Administrative practice and procedure, Confidential business
information, Medical devices, Medical research, Reporting and
recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
5, 10, 14, 19, 20, 21, 314, 350, 516, and 814 are amended as follows:

PART 5--ORGANIZATION

0
1. The authority citation for 21 CFR part 5 continues to read as
follows:

    Authority:  5 U.S.C. 552; 21 U.S.C. 301-397.

0
2. Revise Sec.  5.1110(b) to read as follows:

Sec.  5.1110  FDA public information offices.

* * * * *
    (b) Division of Freedom of Information. The Division of Freedom of
Information Public Reading Room is located in rm. 1050, 12420 Parklawn
Dr., Element Bldg., Rockville, MD 20857; Telephone:<PHONE_NUMBER>.
* * * * *

PART 10--ADMINISTRATIVE PRACTICES AND PROCEDURES

0
3. The authority citation for 21 CFR part 10 continues to read as
follows:

    Authority:  5 U.S.C. 551-558, 701-706; 15 U.S.C. 1451-1461; 21
U.S.C. 141-149, 321-397, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264.

Sec.  10.85  [Amended]

0
4. In Sec.  10.85(d)(4), remove ``Freedom of Information Staff (HFI-
35)'' and in its place add ``Division of Freedom of Information (ELEM-
1029)''.

Sec.  10.90  [Amended]

0
5. In Sec.  10.90(d), remove ``Freedom of Information Staff (HFI-35),''
and in its place add ``Division of Freedom of Information (ELEM-
1029)''.

Sec.  10.95  [Amended]

0
6. In Sec.  10.95, remove ``Freedom of Information Staff'' and
``Freedom of Information Staff (HFI-35)'' everywhere they appear and in
their places add ``Division of Freedom of Information (ELEM-1029)''.

PART 14--PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE

0
7. The authority citation for 21 CFR part 14 continues to read as
follows:

    Authority:  5 U.S.C. App. 2; 15 U.S.C. 1451-1461, 21 U.S.C. 41-
50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264; Pub. L. 107-109; Pub. L. 108-155.

Sec.  14.65  [Amended]

0
8. In Sec.  14.65(c), remove ``Freedom of Information Staff (HFI-35)''
and in its place add ``Division of Freedom of Information (ELEM-
1029)''.

PART 19--STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST

0
9. The authority citation for 21 CFR part 19 continues to read as
follows:

    Authority:  21 U.S.C. 371.

Sec.  19.10  [Amended]

0
10. In Sec.  19.10(d) introductory text, remove ``Freedom of
Information Staff'' and in its place add ``Division of Freedom of
Information''.

PART 20--PUBLIC INFORMATION

0
11. The authority citation for 21 CFR part 20 continues to read as
follows:

    Authority: 5 U.S.C. 552; 18 U.S.C. 1905; 19 U.S.C. 2531-2582; 21
U.S.C. 321-393, 1401-1403; 42 U.S.C. 241, 242, 242a, 242l, 242n,
243, 262, 263, 263b-263n, 264, 265, 300u-300u-5, 300aa-1.

0
12. Revise Sec.  20.3(b) to read as follows:

Sec.  20.3  Certification and authentication of Food and Drug
Administration records.

* * * * *
    (b) A request for certified copies of records or for authentication
of records shall be sent in writing to the Division of Freedom of
Information (ELEM-1029), Food and Drug Administration, 12420 Parklawn
Dr., Element Bldg., Rockville, MD 20857.

0
13. Revise Sec.  20.26(b), to read as follows:

Sec.  20.26  Indexes of certain records.

* * * * *
    (b) Each such index will be made available through the Internet at
http://www.fda.gov. A printed copy of each index is available by
writing to the Division of Freedom of Information (ELEM-1029), Food and
Drug Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD
20857, or by visiting the Division of Freedom of Information Public
Reading Room, located in rm. 1050, at the same address.

0
14. Revise Sec.  20.30 to read as follows:

Sec.  20.30  Food and Drug Administration Division of Freedom of
Information.

    (a) The office responsible for Agency compliance with the Freedom
of Information Act and this part is the Division of Freedom of
Information (ELEM-1029), Food and Drug Administration, 12420 Parklawn
Dr., Element Bldg., Rockville, MD 20857.
    (b) All requests for Agency records shall be sent in writing to
this office.

0
15. In Sec.  20.40, revise paragraph (a); and in paragraph (c), remove
``Freedom of Information Staff'' and in its place add ``Division of
Freedom of Information'' to read as follows:

Sec.  20.40  Filing a request for records.

    (a) All requests for Food and Drug Administration records shall be
made in writing by mailing or delivering the request to the Division of
Freedom of Information (ELEM-1029), Food and Drug Administration, 12420
Parklawn Dr., Element Bldg., Rockville, MD 20857; or by faxing it to
301-796-9267. All requests must contain the postal address and
telephone number of the requester and the name of the person
responsible for payment of any fees that may be charged.
* * * * *

Sec.  20.41  [Amended]

0
16. In Sec.  20.41 paragraph (a), paragraph (b) introductory text, and
paragraph (c), remove ``Freedom of Information Staff'' and in its place
add ``Division of Freedom of Information''.

Sec.  20.44  [Amended]

0
17. In Sec.  20.44(e), remove ``Freedom of Information Staff'' and in
its place add ``Division of Freedom of Information''.

0
18. In Sec.  20.107(a), revise the second sentence to read as follows:

Sec.  20.107  Food and Drug Administration manuals.

    (a) * * * An index of all such manuals is available by writing to
the Division of Freedom of Information (ELEM-1029), Food and Drug
Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857;
or by visiting the Division of Freedom of Information Public Reading
Room,

located in rm. 1050, at the same address. * * *
* * * * *

0
19. In Sec.  20.108, remove ``Freedom of Information Public Room''
everywhere it appears and in its place add ``Division of Freedom of
Information Public Reading Room''.

0
20. In Sec.  20.120, revise paragraph (a); paragraph (b) introductory
text; and paragraph (b)(4) to read as follows:

Sec.  20.120  Records available in Food and Drug Administration Public
Reading Rooms.

    (a) The Food and Drug Administration operates two public reading
rooms. The Division of Freedom of Information Public Reading Room is
located in rm. 1050, 12420 Parklawn Dr., Element Bldg., Rockville, MD
20857; the telephone number is<PHONE_NUMBER>. The Division of Dockets
Management Public Reading Room is located in rm. 1061, 5630 Fishers
Lane, Rockville, MD 20852; the telephone number is<PHONE_NUMBER>. Both
public reading rooms are open from 9 a.m. to 4 p.m., Monday through
Friday, excluding legal public holidays.
    (b) The following records are available at the Division of Freedom
of Information Public Reading Room:
* * * * *
    (4) Indexes of records maintained in the Division of Freedom of
Information Public Reading Room; and
* * * * *

PART 21--PROTECTION OF PRIVACY

0
21. The authority citation for 21 CFR part 21 continues to read as
follows:

    Authority: 21 U.S.C. 371; 5 U.S.C. 552, 552a.

Sec.  21.32  [Amended]

0
22. In 21.32(b)(2), remove ``(HFI-30)'' and in its place add ``(ELEM-
1029)''.

Sec.  21.40  [Amended]

0
23. In Sec.  21.40(b), remove ``(HFI-30), Food and Drug Administration,
5600 Fishers Lane,'' and in its place add ``(ELEM-1029), Food and Drug
Administration, 12420 Parklawn Dr., Element Bldg.,''.

Sec.  21.41  [Amended]

0
24. In Sec.  21.41, remove ``Freedom of Information Staff'' everywhere
it appears and in its place add ``Division of Freedom of Information
(ELEM-1029)''; and remove ``(HFI-30)'' everywhere it appears.

Sec.  21.43  [Amended]

0
25. In Sec.  21.43(a)(2), remove ``Freedom of Information Staff public
room'' and in its place add ``Division of Freedom of Information Public
Reading Room''.

PART 314--APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG

0
26. The authority citation for 21 CFR part 314 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 356a,
356b, 356c, 371, 374, 379e.

0
27. In Sec.  314.53(e), revise the last two sentences to read as
follows:

Sec.  314.53  Submission of patent information.

* * * * *
    (e) * * * Patent information received by the Agency between monthly
publication of supplements to the list will be placed on public display
in FDA's Division of Freedom of Information. A request for copies of
the file shall be sent in writing to the Division of Freedom of
Information (ELEM-1029), Food and Drug Administration, 12420 Parklawn
Dr., Element Bldg., Rockville, MD 20857.
* * * * *

PART 350--ANTIPERSPIRANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN
USE

0
28. The authority citation for 21 CFR part 350 continues to read as
follows:

    Authority: 21 U.S.C. 321, 351, 352, 353, 355, 360, 371.

Sec.  350.60  [Amended]

0
29. In Sec.  350.60, in the last sentence, remove ``FOI Staff (HFI-35),
5600 Fishers Lane, rm. 12A-16,'' and in its place add ``Division of
Freedom of Information (ELEM-1029), Food and Drug Administration, 12420
Parklawn Dr., Element Bldg.,''.

PART 516--NEW ANIMAL DRUGS FOR MINOR USE AND MINOR SPECIES

0
30. The authority citation for part 516 continues to read as follows:

    Authority: 21 U.S.C. 360ccc-1, 360ccc-2, 371.

Sec.  516.157  [Amended]

0
31. In Sec.  516.157(a), remove ``Freedom of Information Staff or by
visiting the FDA Freedom of Information Public Reading Room'' and in
its place add ``Division of Freedom of Information or by visiting FDA's
Division of Freedom of Information Public Reading Room''.

PART 814--PREMARKET APPROVAL OF MEDICAL DEVICES

0
32. The authority citation for 21 CFR part 814 continues to read as
follows:

    Authority: 21 U.S.C. 351, 352, 353, 360, 360c-360j, 371, 372,
373, 374, 375, 379, 379e, 381.

Sec.  814.45  [Amended]

0
33. In Sec.  814.45(d)(2), remove ``Freedom of Information Staff (HFI-
35), Food and Drug Administration, 5600 Fishers Lane,'' and in its
place add ``Division of Freedom of Information (ELEM-1029), Food and
Drug Administration, 12420 Parklawn Dr., Element Bldg.,''.

    Dated: May 18, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-13488 Filed 5-31-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27107-27108]
[FR Doc No: 2017-12280]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0238; Special Conditions No. 25-689-SC]

Special Conditions: Embraer S.A. ERJ 190-300 Airplane;
Electronic-System Security Protection From Unauthorized External Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Embraer S.A.
(Embraer) ERJ 190-300 airplane. This airplane will have a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport-category
airplanes. These airplanes will have a digital-systems network
architecture composed of several connected networks that may allow
access to or by external computer systems and networks, and may result
in airplane electronic system-security vulnerabilities. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Embraer on June 14, 2017. We must
receive your comments by July 31, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0238
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/ gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Varun Khanna, FAA, Airplane and Flight
Crew Interface, ANM-111, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplane.
    In addition, the substance of these special conditions has been
subject to the public comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good
cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On September 13, 2013, Embraer applied for an amendment to Type
Certificate No. A57NM to include the new Model ERJ 190-300 airplane.
The Model ERJ 190-300 airplane, which is a derivative of the Embraer
Model ERJ 190-100 STD airplane currently approved under Type
Certificate No. A57NM, is a 97- to 114-passenger transport-category
airplane, designed with a new wing with a high aspect ratio and raked
wingtip, and a new electrical-distribution system. The maximum take-off
weight is 124,340 lbs (56,400 kg).

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Embraer must show that the Model ERJ 190-300 airplane
meets the applicable provisions of the regulations listed in Type
Certificate No. A57NM, or the applicable regulations in effect on the
date of application for the change, except for earlier amendments as
agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model ERJ 190-300 airplane because
of a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Embraer Model ERJ 190-300 airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34 and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Embraer Model ERJ 190-300 airplane will incorporate the
following novel or unusual design feature:
    A digital-systems network architecture composed of several
connected networks. This network architecture and network configuration
will have the capability to allow access

to or by external network sources, and may be used for or interfaced
with a diverse set of functions, including:
     Flight-safety-related control, communication, and
navigation systems (airplane-control domain);
     Operator business and administrative support (operator-
information domain); and
     Passenger information and entertainment systems
(passenger-entertainment domain)

Discussion

    The Embraer Model ERJ 190-300 airplane's digital-systems network
architecture is novel or unusual for commercial transport airplanes as
it allows connection to airplane electronic systems and networks, and
access from sources external to the airplane (e.g., operator networks,
wireless devices, Internet connectivity, service-provider satellite
communications, electronic flight bags, etc.) to the previously
isolated airplane electronic assets. Airplane electronic assets include
electronic equipment and systems, instruments, networks, servers,
software and electronic components, field-loadable software and
hardware applications, databases, etc. This proposed design may result
in network security vulnerabilities from intentional or unintentional
corruption of data and systems required for the safety, operation, and
maintenance of the airplane.
    The existing regulations and guidance material did not anticipate
these types of digital-system architectures, nor access to airplane
systems. Furthermore, 14 CFR part 25, and current system-safety
assessment policy and techniques, do not address potential security
vulnerabilities by unauthorized access to airplane data busses and
servers. Therefore, these special conditions are issued to ensure that
the security, integrity, and availability of airplane systems are not
compromised by certain wired or wireless electronic connections between
airplane data busses and networks.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Embraer Model ERJ 190-300 airplane. Should Embraer apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.
    This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability.
    The substance of these special conditions has been subject to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, the FAA has determined
that prior public notice and comment are unnecessary and impracticable,
and good cause exists for adopting these special conditions upon
publication in the Federal Register. The FAA is requesting comments to
allow interested persons to submit views that may not have been
submitted in response to the prior opportunities for comment described
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for electronic system-security protection
from unauthorized external access on Embraer S.A. Model ERJ 190-300
airplanes.
    1. The applicant must ensure that the airplane electronic systems
are protected from access by unauthorized sources external to the
airplane, including those possibly caused by maintenance activity.
    2. The applicant must ensure that electronic system-security
threats are identified and assessed, and that effective electronic
system-security protection strategies are implemented to protect the
airplane from all adverse impacts on safety, functionality, and
continued airworthiness.
    3. The applicant must establish appropriate procedures to allow the
operator to ensure that continued airworthiness of the airplane is
maintained, including all post-type-certification modifications that
may have an impact on the approved electronic system-security
safeguards.

    Issued in Renton, Washington, on June 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-12280 Filed 6-13-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Notices]
[Pages 14634-14635]
[FR Doc No: 2018-06955]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD10-12-009]

Increasing Market and Planning Efficiency and Enhancing
Resilience Through Improved Software; Notice of Technical Conference:
Increasing Real-Time and Day-Ahead Market Efficiency and Enhancing
Resilience Through Improved Software

    Take notice that Commission staff will convene a technical
conference on June 26, 27, and 28, 2018 to discuss opportunities for
increasing real-time and day-ahead market efficiency and enhancing the
resilience of the bulk power system through improved software. A
detailed agenda with the list of and times for the selected speakers
will be published on the Commission's website \1\ after May 11, 2018.
---------------------------------------------------------------------------

    \1\ http://www.ferc.gov/industries/electric/indus-act/market-planning.asp.
---------------------------------------------------------------------------

    Staff has held eight similar conferences in this proceeding, all
focused on enhancing market efficiency. The Commission has recently
initiated a proceeding in Docket No. AD18-7 to explore bulk power
system resilience issues and intends to expand the scope of the 2018
conference to include opportunities for enhancing resilience through
improved software. As in past conferences, this conference will bring
together experts from diverse backgrounds and experiences, including
electric system operators, software developers, government, research
centers and academia for the purposes of stimulating discussion,
sharing information, and identifying fruitful avenues for research
concerning the technical aspects of improved software for increasing
efficiency and resilience.
    This conference is intended to build on the discussions initiated
in the previous Commission staff technical conferences on increasing
market and planning efficiency through improved software. A number of
the topics that have been discussed during previous conferences have
relevance to resilience in addition to market efficiency. Staff will be
facilitating a discussion to explore research and operational advances
with respect to market modeling that appear to have significant promise
for potential efficiency improvements. Given the priority the
Commission places on resilience, presentations that also discuss
research and operational advances that could enhance resilience of the
bulk power system are encouraged. Broadly, such topics fall into the
following categories:
    (1) Improvements to the representation of physical constraints that
are either not currently modeled or currently modeled using
mathematical approximations (e.g., voltage and reactive power
constraints, stability constraints, and constraints related to
contingencies);
    (2) Consideration of uncertainty to better maximize expected market
surplus (e.g., stochastic modeling, or other improved modeling
approaches to energy and reserve dispatch that efficiently manage
uncertainty);
    (3) Improvements to the ability to identify and use flexibility in
the existing systems (e.g., optimal transmission switching, active or
dynamic transmission ratings, transmission constraint relaxation
practices, and ramping management);
    (4) Improvements to the duality interpretations of the economic
dispatch model, with the goal of enabling the calculation of prices
which represent better equilibrium and incentives for efficient entry
and exit;
    (5) Limitations of current electricity market software due to its
interaction with hardware; and
    (6) Other improvements in algorithms, model formulations, or
hardware that may allow for increases in market efficiency and enhanced
resilience.
    Within these or related subject areas, we encourage presentations
that discuss best modeling practices, existing modeling practices that
need improvement, any advances made since last year's conference, or
related perspectives on increasing market efficiency and resilience
through improved power systems modeling.
    The technical conference will be held at the Federal Energy
Regulatory Commission headquarters, 888 First Street NE, Washington, DC
20426. All interested participants are invited to attend, and
participants with ideas for relevant presentations are invited to
nominate themselves to speak at the conference.
    Speaker nominations must be submitted on or before April 20, 2018
through the Commission's website \2\ by providing the proposed
speaker's contact information along with a title, abstract, and list of
contributing authors for the proposed presentation. Proposed
presentations should be related to the topics discussed above. Speakers
and presentations will be selected to ensure

relevant topics and to accommodate time constraints.
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    \2\ The speaker nomination form is located at https://www.ferc.gov/whats-new/registration/real-market-6-26-18-speaker-form.asp.
---------------------------------------------------------------------------

    Although registration is not required for general attendance by
United States citizens, we encourage those planning to attend the
conference to register through the Commission's website.\3\ We will
provide nametags for those who register on or before June 15, 2018.
---------------------------------------------------------------------------

    \3\ The registration form is located at https://www.ferc.gov/whats-new/registration/real-market-6-26-18-form.asp.
---------------------------------------------------------------------------

    We strongly encourage attendees who are not citizens of the United
States to register for the conference by June 1, 2018, in order to
avoid any delay associated with being processed by FERC security.
    The Commission will accept comments following the conference, with
a deadline of July 31, 2018.
    There is an eSubscription link on the Commission's website that
enables subscribers to receive email notification when a document is
added to a subscribed docket(s). For assistance with any FERC Online
service, please email [email protected], or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.
    A WebEx will be available. Off-site participants interested in
listening via teleconference or listening and viewing the presentations
through WebEx must register at https://www.ferc.gov/whats-new/registration/real-market-6-26-18-form.asp, and do so by 5:00 p.m. EST
on June 15, 2018. WebEx and teleconferencing may not be available to
those who do not register.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an email to [email protected] or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the required accommodations.
    For further information about these conferences, please contact:

Sarah McKinley (Logistical Information), Office of External Affairs,
(202) 502-8004, [email protected].
Daniel Kheloussi (Technical Information), Office of Energy Policy and
Innovation,<PHONE_NUMBER>, [email protected].

    Dated: March 30, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-06955 Filed 4-4-18; 8:45 am]
 BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 10, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2000-8101

________________________________________________________________________
_____________________________This serves as notice to the public of the
action described below, taken by the Department official indicated (no
additional confirming order will be issued in this matter).

Application of AMERICAN AIRLINES, INC., filed 7/6/04 for:

XX  Renewal of exemption authority under 49 U.S.C. §40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Chicago, Illinois, and the terminal point
Cancun, Mexico.  American requests renewal of the subject authority for
an indefinite duration.

Applicant rep:   Carl B. Nelson, Jr.<PHONE_NUMBER>    DOT Analyst:
Linda L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted renewal of exemption authority for two years, subject to
conditions (see below).

XX  Dismissed request for longer term authority (see below).

The action above to renew the exemption authority was effective when
taken:   August 10, 2004 ,

through  August 10, 2006 .

The action above to dismiss the request for longer term authority was
effective when taken:  August 10, 2004.

Action taken by:     Paul L. Gretch, Director

  		        Office of International Aviation

XX  Authority granted is consistent with the aviation agreement between
the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

________________________________________________________________________
____________________Special Conditions:  The U.S.-Mexico exemption
authority granted is subject to the dormancy notice requirements set
forth in condition 7 of Appendix A of Order 88-10-2.

Remarks:  In its application, American requested that the subject
authority be renewed for an indefinite period.  Consistent with our
standard practice for this type of application, we renewed American’s
authority for two years and dismissed its request for longer-term
authority.

________________________________________________________________________
____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.

- see next page -   					2

To the extent not granted or dismissed, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov/reports_aviation.asp"
http://dms.dot.gov/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004


[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40527-40529]
[FR Doc No: 2013-16087]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69887; File No. SR-NASDAQ-2013-088]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Reduce the Fees Assessed Under NASDAQ Rule 7034 for Certain Co-
Location Services

June 28, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on June 21, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the NASDAQ. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ is proposing changes to reduce the fees assessed under
NASDAQ Rule 7034 for certain co-location services.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to repeat a temporary fee reduction program
to attract new customers to its co-location facility in Carteret, New
Jersey.\3\ Specifically, the Exchange proposes to amend Rule 7034 to
reduce the monthly recurring cabinet (``MRC'') fees assessed for
installation of certain new co-location cabinets. The reduced MRC fees
will apply to new cabinets ordered by users using the Co-Lo Console \4\
on or after July 1, 2013 through August 31, 2013. The reduced fee shall
apply to any cabinet that increases the number of dedicated cabinets
beyond the total number dedicated to the user as of May 31, 2013
(``Baseline Number''), for so long as the total number of dedicated
cabinets exceeds that user's Baseline Number. The reduced MRC fees will
apply for a period of 24 months from the date the new cabinet becomes
fully operational under NASDAQ rules, provided that the user's total
number of cabinets continues to exceed the Baseline Number.
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 68624 (Jan. 1, 2013), 78 FR
3945 (Jan. 17, 2013) (notice of publication of SR-NASDAQ-2013-002, a
two-month reduction in co-location cabinet fees).
    \4\ The ``Co-Lo Console'' is NASDAQ's web-based ordering tool,
and it is the exclusive means for ordering colocation services.
---------------------------------------------------------------------------

    The Exchange proposes to reduce the applicable fees as follows:

------------------------------------------------------------------------
                                                 Current       Reduced
                Cabinet type                     ongoing       ongoing
                                               monthly fee   monthly fee
------------------------------------------------------------------------
Low Density.................................        $4,000        $2,000
Medium Density..............................         5,000         2,500
Medium-High Density.........................         6,000         3,500
High Density................................         7,000         4,500
Super High Density..........................        13,000         8,000
------------------------------------------------------------------------

New cabinets shall be assessed standard installation fees.
    NASDAQ proposes to reduce co-location cabinet fees by different
amounts to maintain a sliding scale of lower fees for higher density
cabinets on a per kilowatt basis. The chart below reflects this scale:

----------------------------------------------------------------------------------------------------------------
                                                                                Discount
                        Cabinet type                             Max KW       New fee    (percent)    Fee per KW
----------------------------------------------------------------------------------------------------------------
Super High Density..........................................           17       $8,000        38.46      $470.59
High Density................................................           10        4,500        35.71       450.00

Medium High.................................................            7        3,500        41.67       500.00
Medium Density..............................................            5        2,500        50.00       500.00
Low Density.................................................         2.88        2,000        50.00       694.44
----------------------------------------------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Section 6(b)(4) of the Act,\6\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the Exchange operates or controls. The proposed reduced
fee will be assessed equally on all customers that place an order for a
new cabinet after the designated period. The proposed amendments will
provide an incentive for customers to avail themselves of the
designated co-location services.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    NASDAQ's proposal to reduce fees by differing amounts is fair and
equitable because it reflects the economic efficiency of higher density
co-location cabinets. First, the underlying costs for co-location
cabinets consists [sic] of certain fixed costs for the data center
facility (space, amortization, etc.) and certain variable costs
(electrical power utilized and cooling required). The variable costs
are in total higher for the higher power density cabinets, as reflected
in their higher current prices. Second, the higher density cabinets
were introduced later than the lower density cabinets (the High Density
cabinet was introduced in 2009 and the Super High Density cabinet was
introduced in 2011). Due to the competitive pressures that existed in
2011, Super High Density cabinets were introduced at lower fees per
kilowatt. As a result of these already-reduced rates on higher density
cabinets, NASDAQ has greater flexibility to discount fees for lower
density cabinets, on a per kilowatt basis.
    NASDAQ operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive. In such an environment, NASDAQ
must continually adjust its fees to remain competitive with other
exchanges and with alternative trading systems that have been exempted
from compliance with the statutory standards applicable to exchanges.
NASDAQ believes that the proposed rule change reflects this competitive
environment because it is designed to ensure that the charges for use
of the NASDAQ co-location facility remain competitive.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. To
the contrary, the Exchange's voluntary fee reduction is a response to
increased competition for co-location services by other exchanges and
trading venues. As more venues offer co-location services, competition
drives costs lower. The Exchange, in order to retain existing orders
and to attract new orders, is forced to offer a lower effective rate
for aggregate cabinet demand. This competition benefits users, members
and investors by lowering the average aggregate cost of trading on the
Exchange.

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act,\7\ NASDAQ has
designated this proposal as establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization on any person,
whether or not the person is a member of the self-regulatory
organization, which renders the proposed rule change effective upon
filing.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-088 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2013-088. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only

information that you wish to make available publicly.
    All submissions should refer to File Number SR-NASDAQ-2013-088, and
should be submitted on or before July 26, 2013.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-16087 Filed 7-3-13; 8:45 am]
BILLING CODE 8011-01-P


                        ENVIRONMENTAL PROTECTION AGENCY
                             SUPPORTING STATEMENT

1.	Identification of Information Collection

NESHAP for Radionuclides (40 CFR part 61, subparts B, K, R and W) (Renewal), EPA Number 1100.17 OMB Control Number 2060-0191
1(b)	Short Characterization
      On December 15, 1989, pursuant to Section 112 of the Clean Air Act, as amended in 1977 (42 USC 1857), the Environmental Protection Agency (EPA) promulgated National Emission Standards for Hazardous Air Pollutants (NESHAPs) to control radionuclide emissions from several source categories. The regulations were published in 54 FR 51653 and are codified at 40 CFR part 61. Of the subparts included in the 1989 rule, as currently amended, four apply to privately-operated facilities. In addition to requiring operational practices that limit emissions, subparts B, K, R, and W impose radionuclide dose and emission limits on source categories as listed in Table 1.
Table 1: Dose and Emissions Limits by Subpart

Subpart
Source Category
Dose or Release Limit
B
Underground Uranium Mines
10 mrem/yr due to Radon-222
K
Elemental Phosphorous Plants
2 curies/yr of Polonium-210
R
Phosphogypsum Stacks
20 pCi/m[2]/s of Radon-222
W
Uranium Mill Tailings
20 pCi/m[2]/s of Radon-222

      On January 17, 2017, the EPA issued final revisions to the radon emission standards for 40 CFR part 61, subpart W (82 FR 5142). Included in the revisions were additional requirements that owners and operators of uranium recovery facilities maintain specific records pertaining to the design, construction and operation of all uranium tailings impoundments, both conventional and non-conventional, and heap leach piles, and create written and digital photographic records showing compliance with the requirement to maintain liquid in non-conventional impoundments so that any solid materials in the impoundment are not visible above the liquid level. Because these requirements were not included in the existing information collection request (ICR) for radionuclide NESHAPs (EPA Number 1100.17, OMB Control Number 2060-0191) a new ICR was established specifically to address the information collection requirements created by the revisions to subpart W (EPA Number 2464.03, OMB Control Number 2060-0706). At the present time, the Agency seeks to consolidate these two ICRs, so that all the information collection requirements under 40 CFR part 61 subpart W are included in a single ICR, together with the information collection requirements of subparts B, K, and R, effectively consolidating all information collection for radionuclide NESHAPs into a single ICR. Following OMB approval, EPA ICR Number 2464.03, OMB Control Number 2060-0706, will be discontinued.

      Information collected is used by the EPA to ensure that public health continues to be protected from the hazards of airborne radionuclides through compliance with these standards. Compliance is demonstrated through emissions testing and dose calculation when appropriate. Facilities are required to generate and maintain applicable records for 5 years, and to report results to the EPA.
2.	Need and Use for the Collection
2(a) 	Need/Authority for the Collection
      The Clean Air Act (42 USC 1857), Section 114 authorizes the Administrator of the EPA to require any person who owns or operates any emission source or who is subject to any requirements of the Act to establish and maintain records; make reports, install, use, and maintain monitoring equipment or methods; sample emissions in accordance with EPA-prescribed locations, intervals and methods; and provide information as requested by the EPA Administrator or authorized representative.
2(b)	Practical Utility/Users
      The EPA uses the information collected to determine that public health continues to be protected through compliance with the health-based standards set by the radionuclide NESHAPs.
      EPA's compliance monitoring activities vary widely. EPA could issue a letter requesting information about compliance or could conduct a full -  scale investigation if a compliance problem is identified, including on-site inspections. When EPA first learns of a compliance problem, EPA attempts to work with the owner/operator to remedy the problem by holding informal discussions. If it is not possible to remedy the problem informally, formal action is taken. EPA's Clean Air Act Compliance Enforcement Guidance Manual identifies the Agency's informal and formal enforcement operating procedures.
3.  NON DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA
3(a) Non duplication
    	The specific information collected under this ICR is not currently collected by any other office within the EPA or any other governmental agency.
3(b)		Public Notice Required Prior to ICR Submission to OMB

		The EPA requested comments on specific aspects of this proposed ICR renewal with a 60-day comment period which closed on Dec 3, 2021. The EPA will publish an FR notice opening an additional 30-day comment period on this ICR renewal concurrent with its submission to OMB.
3(c)		Consultations
      In the preparation of this ICR renewal, the EPA contacted representatives in each of its Regional Offices to update information on the operating and reporting status of affected facilities and updated the number of affected facilities based on this information. The Agency reached out directly to operators of uranium facilities to determine how many facilities were likely to monitor emissions and submit reports, particularly under Subpart B, for calendar year 2021, and to alert them to the pending opportunity to comment on the proposed ICR through a notice published in the Federal Register. Public comments on the proposed ICR renewal were requested via the Federal Register during a 60-day comment period beginning October 4, 2020 (86 FR 54691).  No applicable comments were submitted to the docket during the comment period. One comment was received which was applicable to an EPA action unrelated to the radionuclide NESHAPs. Because no additional information was submitted during the comment period, no additional changes have been made to the proposed ICR renewal.
3(d)		Effects of Less Frequent Collection
      Generally, reporting under the radionuclide NESHAPs addressed in subparts B, K and R is required annually or less frequently than annually. Under subpart W, respondents are required to collect digital photographs of liquid levels in impoundments at least weekly and submit them to the Agency at least monthly. Extended periods of exposed uranium byproduct material could result in excessive emissions of radon to the atmosphere. In each case, the frequency of reporting is sufficient for the Agency to ensure that compliance is maintained, or that corrective actions can be taken in a timely manner.
3(e) 	General Guidelines
      This ICR is consistent with OMB's collection guidelines provided in 5 CFR Part 1320.5 and does not duplicate another collection.

3(f)		Confidentiality
	This section does not apply because this ICR does not request information of confidential nature.
3(g)		Sensitive Questions
      This section is not applicable because this ICR does not request sensitive information.
4. THE RESPONDENTS AND THE INFORMATION REQUESTED
 4(a) Respondents/North American Industrial Classification System (NAICS) Codes
      The North American Industry Classification System (NAICS) codes associated with the activities of the respondents are included in Table 2.
Table 2: NAICS Codes of Respondents by Subpart
Subpart
Source Category
NAICS Code
B
Underground Uranium Mines
212291: Uranium-Radium-Vanadium Ore Mining
K
Elemental Phosphorous
325180: Other Basic Inorganic Chemical Manufacturing
R
Phosphogypsum Stacks
212392: Phosphate Rock Mining
W
Uranium Mill Tailings
212291: Uranium-Radium-Vanadium Ore Mining

4(b)	Information Requested
      (i) Reporting
      Descriptions of the reporting requirements are listed separately below for each subpart.
Subpart B: Underground Uranium Mines
      Subpart B requires mines that are being actively ventilated to perform annual radon emissions measurements and public dose calculations using Appendix B, Method 115 of 40 CFR part 61 and the EPA computer program COMPLY-R, and to report the results to the EPA. The specific reporting requirements are found in Section 61.24(a):
      "The mine owner or operator shall annually calculate and report the results of the compliance calculations and the input parameters used in making the calculation. This report shall cover the emissions of a calendar year and be sent to EPA by March 31 of the following year. Each report shall also include the following information:

            (1) The name and location of the mine (including latitude and longitude).
            (2) The name of the person responsible for the operation of the facility and the name of the person preparing the report (if different).
            (3) The results of the emissions testing conducted and the dose calculated using the procedures in Section 61.23.
            (4) A list of the stacks or vents or other points where radioactive materials are released to the atmosphere, including their location, diameter, flow rate, effluent temperature and release height.
            (5) A description of the effluent controls that are used on each stack, vent, or other release point and the effluent controls used inside the mine, and an estimate of the efficiency of each control method or device.
            (6) Distances from the points of release to the nearest residence, school, business or office and the nearest farms producing vegetables, milk and meat.
            (7) The values used for all other user-supplied input parameters for the computer model (e.g., meteorological data) and the source of these data.
            (8) Each report shall be signed and dated by a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: `I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. See 18 U.S.C. 1001.'"
 Subpart K: Elemental Phosphorus Plants
      Subpart K sets an annual emissions limit for polonium-210. Each owner or operator of an elemental phosphorus plant shall test emissions of polonium-210 from the plant annually according to the procedures in Section 61.123 and using the test methods in Section 61.125. The EPA requires that these results be reported annually. Specific compliance reporting requirements are included in Section 61.123(f):
      "Each owner or operator of an elemental phosphorus plant shall furnish the EPA Administrator with a written report on the results of the emission test within 60 days of conducting the test. The report must provide the following information:
            (1) The name and location of the facility (including latitude and longitude).
            (2) The name of the person responsible for the operation of the facility and the name of the person preparing the report (if different).
            (3) A description of the effluent controls that are used on each stack, vent or other release point and an estimate of the efficiency of each device.
            (4) The results of the testing, including the results of each sampling run completed.

            (5) The values used in calculating the emissions and the source of these data.
            (6) Each report shall be signed and dated by a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: `I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. See, 18 U.S.C. 1001.'"
Subpart R: Phosphogypsum Stacks
      Subpart R sets a limit for radon emissions from inactive stacks, defined in the rule as any stack which for two years has neither had phosphogypsum added nor has been used for water management. When a stack becomes inactive, testing and reporting is required, which is described in Section 61.203:
      "(a)Within sixty days of the date on which a stack becomes an inactive stack...the owners or operators of the inactive phosphogypsum stack shall test the stack for radon-222 flux in accordance with the procedures described in 40 CFR part 61, appendix B, Method 115. EPA shall be notified at least 30 days prior to each such emission test so that EPA may, at its option, observe the test. If meteorological conditions are such that test cannot be properly conducted, then the owner of operator should notify EPA and test as soon as conditions permit.
      (b)(1) Within ninety days after the testing is required, the owner or operator shall provide EPA with a report detailing the actions taken and the results of the radon-222 flux testing. Each report shall also include the following information:
            (i) The name and location of the facility;
            (ii) A list of the stacks at the facility including the size and dimensions of the stack;
            (iii) The name of the person responsible for the operation of the facility and the name of the person preparing the report (if different);
            (iv) A description of the control measures taken to decrease the radon flux from the source and any actions taken to insure the long-term effectiveness of the control measures; and
            (v) The results of the testing conducted, including the results of each measurement.
      (2) Each report shall be signed and dated by a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: `I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. See 18 U.S.C. 1001.'"
      If a stack remains inactive, testing and reporting is only required once. Should the stack become active again for the purposes of phosphogypsum disposal or water management, the facility owner or operator must notify EPA, and radon flux measurement and reporting must be repeated when the stack again becomes inactive (see Section 61.203(d)).
      Subpart R additionally defines certain scenarios in which removal of phosphogypsum from stacks is permitted. Within ninety days of phosphogypsum removal from an inactive stack, and at least once within each calendar year during which removal occurs, radon flux measurements and reporting must be repeated. Radon flux testing is not required for the removal of phosphogypsum from an active stack. Additionally, Section 61.207 sets forth requirements for measuring the radium-226 concentration at the location in the stack from which phosphogypsum is removed. The results of these analyses must be included in certification documents for the removed phosphogypsum required by Section 61.208(a)(1):
      "The owner or operator of a stack from which phosphogypsum will be removed and distributed in commerce pursuant to Section 61.204, Section 61.205, or Section 61.206 shall prepare a certification document for each quantity of phosphogypsum distributed in commerce which includes:
            (i) The name and address of the owner or operator;
            (ii) The name and address of the purchaser or recipient of the phosphogypsum;
            (iii) The quantity of phosphogypsum, in kilograms or pounds sold or transferred;
            (iv) The date of sale or transfer;
            (v) A description of the intended use for the phosphogypsum;
            (vi) The average radium-226 concentration, in pCi/g (pCi/lb), of the phosphogypsum, as determined pursuant to §61.207; and
      (vii) The signature of the person who prepared the certification."
      Section 61.208 (b) requires a certification document with the same content to be prepared by "each distributor, retailer, or reseller who purchases or receives phosphogypsum for subsequent resale or transfer." Submission of certification documents to EPA is not a requirement, but the documents must be retained according to recordkeeping requirements as discussed below.
Subpart W: Uranium Mill Tailings
      Subpart W limits radon flux from operating uranium mill tailing impoundments. The EPA requires reports to be submitted annually. The requirements for those reports are included in Section 61.254:
      "The owners or operators of operating existing mill impoundments shall perform radon measurements and compliance calculations as required in §61.253. The input parameters and results of the calculation for each calendar year shall be sent to EPA by March 31 of the following year. Each report shall also include the following information:
            (1) The name and location of the mill.
            (2) The name of the person responsible for the operation of the facility and the name of the person preparing the report (if different).
            (3) The results of the testing conducted, including the results of each measurement.
(4) Each report shall be signed and dated by a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: `I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. See 18 U.S.C. 1001.'"
      EPA amended subpart W on January 17, 2017 (82 FR 5142). The amendments clarified the distinction between "conventional" impoundments, which are used to manage the mostly solid wastes from uranium milling, and "non-conventional" impoundments, which are used to manage liquid process effluents. Non-conventional impoundments are also known as evaporation or holding ponds. The amendments also clarified the applicability of subpart W to non-conventional impoundments, without changing the radon monitoring requirements for conventional impoundments constructed prior to December 15, 1989 ("existing conventional impoundments"). The owners or operators of operating non-conventional impoundments are required to submit digital photographs collected during compliance inspections to the Subpart W Impoundment Photographic Reporting system (SWIPR) under Section 61.255. Digital photographs documenting the presence of liquids in non-conventional impoundments such that solid materials are not visible above the liquid level are to be collected at least weekly and uploaded to SWIPR at least monthly. Daily inspections of impoundments are required by the Nuclear Regulatory Commission. Written observations and digital photographs documenting liquid levels can be collected in conjunction with these customary and usual business practices.
      (ii) Recordkeeping
      The record keeping requirements of all the subparts are similar. The owner or operator of the facility must maintain records documenting the results of all measurements, the calculations and/or analytical methods used to derive values for input parameters, and the procedures used to determine compliance. In the case of uranium recovery facilities, the owner or operator must maintain records that confirm the approved design and operating procedures for conventional impoundments, non-conventional impoundments and heap leach piles, including the results of liner compatibility tests, and written and digital photographic records confirming that liquid has been maintained in non-conventional impoundments such that no solid material is visible above the liquid level. This documentation should be sufficient to allow an independent auditor to verify the accuracy of the determination made concerning the facility's compliance with the standard. Records must be kept at the facility for the lifetime of the facility and, upon request, be made available for inspection by the EPA Administrator, or his/her authorized representative.

5.	The Information Collected -- Agency Activities, Collection Methodology, and Information Management
5(a)	Agency Activities
      The information collected under this ICR is used to demonstrate compliance with Federal regulations. The EPA's activities consist of reviewing reports and photographic submissions, taking further actions if needed to verify compliance, and maintaining files.
5(b)	Collection Methodology and Management
      The EPA Regional Offices review facility reports to determine compliance with the regulatory standards. The EPA may recalculate reported doses using computer models, conduct site inspections, or witness emission tests, as deemed necessary. The Office of Radiation and Indoor Air and the EPA Regional Offices have planned and allocated resources for the efficient and effective management and use of this information. EPA may perform periodic on-site inspections to determine if compliance with the regulatory standards is being maintained, including review of records.
5(c)	Small Entity Flexibility
	The rule does not define small entities for the affected source categories, nor does it identify exemptions to compliance or reporting requirements that are specific to small businesses. Of the 17 respondents identified by this ICR renewal, many likely meet the Small Business Administration's definition of Small Business. Most of the burden placed on respondents is due to emissions testing and analyses, which are necessary to determine compliance with a health-based standard. Reporting the results of emissions testing to the EPA is comparatively small burden. Respondents are explicitly allowed, under Section 61.13, to propose alternate compliance methods for EPA approval, or to request a waiver from reporting requirements. As discussed in Section 6, one facility successfully obtained a waiver for testing and reporting in 2017.
      In the case of subpart W facilities, a small entity is defined as: (1) a small business whose company has less than 250 employees and is primarily engaged in leaching or beneficiation of uranium, radium or vanadium ores as defined by NAICS code 212291; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise, which is independently owned and operated and is not dominant in its field. Of nine facilities identified, five are owned by small businesses. Three of the six facilities that have been documenting the liquid level in non-conventional impoundments are owned by small businesses. Regulated entities create and store records of inspections to determine the liquid retention requirement for non-conventional impoundments during the daily inspections of the tailings and waste retention systems already required by the Nuclear Regulatory Commission (and Agreement States) under 10 CFR 40, Appendix A, Criterion 8A, resulting in a small additional burden. Therefore, no small organizations or small governmental entities have been identified that would be adversely impacted by the information collection requirements under subpart W.
5(d)	Collection Schedule
      The reporting schedule is set by the regulation. Collection of the information required will begin when the facility enters operational status, with the documentation of design and construction of impoundments. Under subparts B, K and conventional impoundments under subpart W, annual reports are required to provide yearly certification of compliance with a health-based emissions standard, unless the EPA has granted a waiver. For subpart R, it was determined during rulemaking that less frequent reports are adequate to protect public health. Under the amendments to subpart W, inspections and recordkeeping of impoundment liquid levels shall begin when non-conventional impoundments are first used to manage uranium byproduct material or tailings and shall be performed daily during the inspections required by 10 CFR Part 40, Appendix A, Criterion 8A. Digital photographs to document the liquid level in non-conventional impoundments are to be taken at least weekly. Monthly submission of digital photographs to the SWIPR system is required; if the SWIPR system is not available, photographs must be maintained at the facility and made available upon request.
6.  ESTIMATING THE BURDEN AND COST OF THE COLLECTION
6(a) Estimating Respondent Burden, and
6(b) 	Estimating Respondent Cost
	First, the EPA combined the two existing ICRs. Then, the EPA updated the number of facilities that are currently active, and therefore subject to monitoring and reporting requirements under 40 CFR part 61. In July 2018, when this ICR was last reviewed, there were no active subpart B facilities, one active subpart K facility, thirteen active subpart R and three subpart W facilities with conventional impoundments that were currently active. The subpart K facility had been granted a permanent waiver from radionuclide testing and reporting from EPA Region 10 in 2017. In 2020, when the ICR for the amended subpart W was reviewed, the EPA identified nine total facilities which were affected by the general record keeping requirements, and six facilities with non-conventional impoundments which were required to inspect and report on water levels in the impoundments. By reaching out directly to facility operators, the EPA has learned that although no subpart B uranium mines are currently producing ore, two are likely to vent for maintenance operations in 2021, which would require them to monitor emissions and submit a report. The EPA confirmed that there were no changes in the number of facilities or operating status for the other subparts since the last renewals. Finally, burden and costs estimates were recalculated for each subpart using updated labor rates obtained from the U.S. Department of Labor, Bureau of Labor Statistics (BLS), following the same process as in past renewals. The mean hourly rates for three labor categories -- management, technical, and clerical -- were obtained from the published 2020 Occupational Employment Statistics for NAICS codes 212200 (Mining [except Oil and Gas]) and 325100 (Basic Chemical Manufacturing). Management rates were given. Technical rates were based on the mean salary for "all production operations" in the mining sector which includes mining engineers, environmental engineers, and geologists. Clerical rates were based on the hourly labor rates for secretary and information clerk in the mining sector in the 2020 BLS data. Loaded hourly labor rates were calculated by multiplying the base salary rates by a factor of 1.5 to account for overhead expenses. Finally, the loaded hourly labor rate for 2020 then was increased by a factor of 1.035 to account for inflation between June 2020 and the present. In previous renewals, this information was obtained from the Consumer Price Index Inflation Calculator. In this renewal, the BLS Employment Cost Index Summary was consulted, which showed private industry wages to have risen by 3.5% during the period from June 2020 to June 2021 (https://www.bls.gov/news.release/eci.nr0.htm). The resulting loaded labor rates were $115.50 per hour for management, $74.00 per hour for technical, and $34.00 per hour for clerical labor. The compliance and reporting activities anticipated are listed below for each subpart.
Subpart B: Underground Uranium Mines
      To meet reporting requirements for subpart B, respondents are expected to:
 read and understand the regulatory provision,
 perform radon-222 emission measurements as required in 40 CFR part 61, Appendix B, Method 115,
 perform data analysis, including Method 115 source term calculations and dose calculation using an approved model for concentration calculations,
 prepare and submit the report.
	Table 3 includes the estimated annual burden to understand regulatory provisions, perform Method 115 radon testing, perform data analysis, prepare a report, and manage records. One mine submitted an annual report in 2021 for calendar year 2020. Based on conversations with mine operators, up to three mines are likely to vent in 2021 and submit a report in 2022.
Table 3: Burden and Cost for Subpart B Uranium Mines

Subpart K: Elemental Phosphorus Plants
       To meet reporting requirements for subpart K, respondents are expected to:
 read and understand the regulatory provision,
 perform the emission monitoring and test procedures in Section 61.125,
 perform data analysis, including calculation of annual emission rate,
 prepare and submit the report to EPA.
      The only operating subpart K facility sought and obtained a waiver from EPA for testing and reporting and is therefore exempt from reporting requirements. Twenty hours of burden per year are assumed for the facility to remain cognizant of the regulatory requirements and conditions of the waiver. This burden and the associated costs are reflected in Table 4.
      Table 4: Burden and Cost for Subpart K Elemental Phosphorus Plants

Subpart R: Phosphogypsum Stacks
	To meet reporting requirements for subpart R, respondents are expected to:
 read and understand the regulatory provision,
 perform radon flux testing as directed in Section 61.203,
 perform radium-226 sampling and measurement procedures in Section 61.207 (if required),

 perform data analysis including Method 115 radon flux or radium-226,
 prepare and submit the report and/or certification documents.
	Table 5 includes the following expenses for respondents:
 It is estimated that the testing materials for 300 flux measurements and the analysis are obtained from a contract source at a cost of $44/measurement.
 It is estimated that it will take four days for two people to place, collect and ship 300 samples to a testing lab.
 It is estimated that that the thirteen stacks that have not closed yet must complete this one-time report.
 It is likewise estimated that all thirteen currently active phosphogypsum stacks will remove material, and therefore be required to measure the radium-226 concentration of the removed material to be included in certification papers.
   Testing and reporting under subpart R is required only when facilities close active stacks or remove phosphogypsum. Rather than predict the exact number of facilities per year that will undertake these activities, the EPA has chosen estimates which represent an upper bound of the potential burden due to testing and reporting. It is unlikely that in a given year all active stacks will take actions requiring testing and reporting, as is assumed, and possible that no stacks will take such actions. The Agency will continue to observe the actual activities of facilities to refine these estimates for future ICRs.
	Section 61.207 requires a minimum of 30 samples from each area where phosphogypsum is being removed from the stack, with additional sampling required where the concentrations approach 10 pCi/g of radium-226. It is estimated that 100 samples per stack will be necessary to document radium concentrations and that radium analysis will be performed for $100 per sample by a contract laboratory. It is estimated that sample collection and preparation occur at a rate of five samples per hour. The total burden estimated for subpart R facilities is shown in Table 5.
Table 5: Burden and Cost for Subpart R Phosphogypsum Stacks

Subpart W: Uranium Mill Tailings
Maintaining design/construction records
	To meet the requirements of subpart W, as amended in 2017, all facilities subject to subpart W must maintain design and construction documentation for all impoundments. Design and construction records are required as part of the application for construction/modification required under subpart A of 40 CFR part 61. A startup cost of $100 per facility is assumed for establishing appropriate storage for existing impoundment design and construction records. Afterwards, there are no O&M costs associated with maintaining these records, only annual labor costs to do so. It is estimated that two hours of management time per facility will be required annually to retain familiarity with the regulatory provision, and that ten hours of clerical time per facility per year will be sufficient to store and maintain the records at the facility so that they are accessible. All nine facilities that are subject to subpart W will maintain these records. Burden and cost are shown in Table 6, Burden and Cost to Meet Design and Construction Record Requirements for All Impoundments.
Table 6: Burden and Cost to Meet Design and Construction Record Requirements for All Impoundments
Subpart W-- Uranium Mill Tailings
Manager ($/hr)
Technical ($/hr)
Clerical ($/hr)
Respond (hrs/yr)
Labor cost/
yr
Capital/
Startup cost
O & M Cost
Number of Respond
Total hours/yr
Total Labor cost/yr
Read and understand the regulatory provision (Mgmt)
                                       2

                                       2
                                     $231

                                       9
                                      18
                                    $2,079
                                Record Keeping
File and maintain data (Clerical)

                                      10
                                      10
                                     $340
                                     $100

                                       9
                                      90
                                    $3,060
TOTAL
                                       2
                                       0
                                      10
                                      12
                                     $571
                                     $100

                                       9
                                      108
                                    $5,139

To meet reporting requirements for conventional impoundments under subpart W, respondents are expected to:
 read and understand the regulatory provision,
 perform radon flux testing required in 40 CFR part 61, Appendix B, Method 115,
 perform data analysis including Method 115 radon flux calculations,
 prepare and submit the report to EPA.
Table 7 includes the following expenses for respondents:
 It is estimated that the testing materials for 200 measurements and the analysis is obtained from a contract source at a cost of $44/measurement.
 It is estimated that it will take one day for two people to place the test canisters and one day for two people to collect the canisters and ship them to a testing lab.
 It is estimated that 3 facilities will file a report annually.
Table 7: Burden and Cost for Subpart W Uranium Mill Tailings
	Maintaining liquid in non-conventional impoundment
	To meet the reporting requirements for non-conventional impoundments in subpart W, as amended in 2017, facilities must perform daily inspections of liquid levels in those impoundments and submit photographs to the Agency. It is estimated that management will spend two hours annually to remain familiarity with the regulatory provision, and five hours per year to acquire any necessary equipment. It is estimated that it will take one technical staff person one day to be trained to record the required information, and one person to provide training. The Agency estimates that it will take one hour to perform the inspection and record the required information, and inspections will be conducted on 240 workdays per year. It is estimated that it will take clerical staff 20 hours per year to submit digital photographs and maintain written and digital photographic records. The Agency confirmed that six facilities currently generate and submit these records through SWIPR. It is estimated that the equipment required for documenting the liquid level through digital photographic records will cost $300 for each facility. Afterwards, there are no O&M costs associated with conducting these inspections and submitting reports. The estimated burden is included in Table 8, Burden and Cost to Meet Liquid Retention Requirement for Non-conventional Impoundments.

Table 8: Burden and Cost to Meet Liquid Retention Requirement for Non-conventional Impoundments
Subpart W-- Uranium Mill Tailings
Manager ($/hr)
Technical ($/hr)
Clerical ($/hr)
Respond (hrs/yr)
Labor cost/ yr
Capital/
Startup cost
O&M Cost
Number of Respond
Total hours/yr
Total Labor cost/yr

                                   $ 115.50
                                  $     74.00
                                    $ 34.00

Read and understand the regulatory provision (Mgmt)
                                       2

                                       2
                                     $231

                                       6
                                      12
                                    $1,386
Acquire Instrumentation (Mgmt)
                                       5

                                       5
                                     $578
                                     $300

                                       6
                                      30
                                    $3,465
Train technician to perform inspection (Mgmt./Tech)
                                       8
                                       8

                                      16
                                    $1,516

                                       6
                                      96
                                    $9,096
Perform inspection to determine presence of liquid (Tech.)

                                      240

                                      240
                                   $17,760

                                       6
                                     1440
                                   $106,560
                                Record Keeping
File and maintain data (Clerical/Tech)

                                      10
                                      10
                                      20
                                    $1,080

                                       6
                                      120
                                    $6,480
TOTAL
                                      15
                                      258
                                      10
                                      283
                                   $21,165
                                     $300

                                       6
                                     1698
                                   $126,987

6(c) ESTIMATED AGENCY BURDEN AND COST
	The burden to the EPA is from the review of the information submitted by the regulated community to ensure that emissions and dose are within the limits set by the regulations, and record keeping. The Agency burden and costs are estimated below in Table 9. Two separate calculations are included; one for the review of reports submitted under subparts B, K, R, and subpart W conventional impoundments, and the other for receiving and reviewing electronic reports for subpart W nonconventional impoundments. The breakdown of General Schedule levels and steps were different for the two activities in past ICRs, and those different levels have been maintained in this combined ICR. All Agency salaries were found in 2020 General Schedule salary tables.
	For reviewing reports submitted by subpart B, K, R, and conventional subpart W facilities, Agency burden is based on the salary for a GS-13, step 5 technical employee, with a multiplier of 1.6 to include overhead; this resulted in a loaded rate of $84 per hour. For the Clerical category, the salary scale for a GS-11, step 10 was used with a multiplier of 1.6 to account for overhead; this resulted in $53 per hour. The multiplier of 1.6 was obtained from the Agency's ICR Handbook. A total of 16 report reviews are used for this calculation, because one of the 17 respondents has obtained a permanent waiver from annual reporting.
	 For nonconventional subpart W facilities, burden to the EPA is due to both reviewing submissions by the regulated community to ensure that they meet the requirements of the regulations, as well as continuing maintenance of the SWIPR system for electronic submittal of digital photographs documenting the liquid level in non-conventional impoundments. Since the Agency reviews the design and construction records of impoundments at the time of the initial application, the Agency does not revisit those records routinely and there is no annual burden to the Agency associated with those records being maintained at the facility.
	Uranium recovery facilities in the respondent universe are in EPA Regions 7 and 8, so the average locality pay for those locations was used (Lenexa, KS and Denver, CO). The data for review of reports for compliance was based on the salary scale for GS-13, step 5, with a multiplier of 1.6 to include overhead; this resulted in $85/hr. For the Clerical category, the salary scale for a GS-9, step 5 was used with a multiplier of 1.6 to account for overhead; this resulted in $48/hr. In addition, development and maintenance of the system for electronic submittal of digital photographs is estimated to involve a GS-14, step 1, using locality pay for Washington, D.C. Using the 1.6 multiplier, this resulted in $93/hr. There is an O&M burden of 50 hours of Agency staff time and 47 hours of contractor time to maintain the electronic reporting system used by facilities to submit digital photographs from their daily inspections. Maintenance of this system is independent of the number of respondents. It is estimated that 6 hours of Agency technical staff time and 4 hours of Agency clerical staff time are required per reporting facility annually to review submitted reports. This information is submitted monthly by the six facilities with non-conventional impoundments.
	Table 9: Burden and Cost to the Agency
Subparts B, R and W (conventional)

Subparts W (nonconventional)

6(d)	Estimating the Respondent Universe and Total Burden and Costs, and
6(e)	Bottom-Line Burden Hours and Cost Tables
	The total estimated annual burden for respondents affected by all four subparts is estimated below, in Table 10:
Table 10: Summary of Burden Estimate for Respondents

* Assumes that all operational stacks both remove phosphogypsum, requiring analyses for radium-226, and that these facilities all require radon flux measurements. This is a conservative assumption  -  see Section 6(b).

6(f)	Reasons for Change in Burden
	The greatest reason for the change in burden for this ICR is its combination with the ICR for the amendments to subpart W  -  that is, the addition of the burden of complying with requirements for all subpart W facilities to maintain design records, and the requirement for nonconventional impoundments to photograph liquid levels and submit those photographs (see 86 FR 1965, January 11, 2021 for more information). For subparts K, R, and W, there were no changes to the number of respondents, the annual time burden, or the annual non-labor cost compared to the most recent renewals of these ICRs: the total respondents and burden requested at this time is simply the sum of the two ICRs. In the case of subpart B, based on conversations with mine operators, the Agency identified two respondents that are likely to submit annual reports in 2021. No subpart B facilities were reporting at the time of the last renewal in 2018. Two responses were added to the ICR, adding 460 hours of labor and $10,600 of non-labor cost. These changes are shown in Table 11.
Table 11: Combining Burden from ICRs 2060-0109 and 2060-0706

                            Total Annual Responses
                          Annual Time Burden (Hours)
                           Annual Non-labor Cost ($)
                                ICR 2060-0191
                              (approved in 2019)
                                      16
                                     1,880
                                    328,000
                                ICR 2060-0706
                              (approved in 2021)
                                      72
                                     1,806
                                       0
                   Sum of previously approved/submitted ICRs
                                      88
                                     3,686
                                    328,000
                             Changes made in 2021
                        (2 Subpart B facilities added)
                                       2
                                      460
                                    10,600
                        Total combined burden for 2022
                                      90
                                     4,146
                                    338,600

6(g)	Burden Statement
	The annual public reporting and record keeping burden for this collection of information is estimated to average 46 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.