[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37701-37704]
[FR Doc No: 2015-16091]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31697; File No. 812-13875-47]

Cash Trust Series, Inc., et al.; Notice of Application

June 24, 2015.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of an application for an order pursuant to sections
6(c) and 17(b) of the Investment Company Act of 1940 (the ``Act'') for
an exemption from section 17(a) of the Act.

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SUMMARY:  Summary of the Application: Applicants request an order
(``Order'') that would permit certain registered management investment
companies to engage in certain primary and secondary market
transactions in fixed-income securities (the ``Securities
Transactions'') on a principal basis with certain broker-dealers and
banks that are affiliated persons of the registered management
investment companies solely by virtue of non-controlling ownership
interests in such investment companies.
    Applicants: Cash Trust Series, Inc., Federated Adjustable Rate
Securities Fund, Federated Core Trust, Federated Core Trust II, L.P.,
Federated Core Trust III, Federated Enhanced Treasury Income Fund,
Federated Equity Funds, Federated Equity Income Fund, Inc., Federated
Fixed Income Securities, Inc., Federated Global Allocation Fund,
Federated Government Income Securities, Inc., Federated Government
Income Trust, Federated High Income Bond Fund, Inc., Federated High
Yield Trust, Federated Income Securities Trust, Federated Index Trust,
Federated Institutional Trust, Federated Insurance Series, Federated
International Series, Inc., Federated Investment Series Funds, Inc.,
Federated MDT Series, Federated MDT Stock Trust, Federated Managed Pool
Series, Federated Municipal Securities Fund, Inc., Federated Municipal
Securities Income Trust, Federated Premier Intermediate Municipal
Income Fund, Federated Premier Municipal Income Fund, Federated Short-
Intermediate Duration Municipal Trust, Federated Total Return
Government Bond Fund, Federated Total Return Series, Inc., Federated
U.S. Government Securities Fund: 1-3 Years, Federated U.S. Government
Securities Fund: 2-5 Years, Federated World Investment Series, Inc.,
Intermediate Municipal Trust, Edward Jones Money Market Fund, Money
Market Obligations Trust (each such registered management investment
company or series thereof, a ``Federated Fund''); Federated Advisory
Services Company, Federated Equity Management Company of Pennsylvania,
Federated Global Investment Management Corp., Federated Investment
Counseling, Federated Investment Management Company, Federated MDTA
LLC, Passport Research, Ltd., Federated Securities Corp. (each, an
Adviser, and collectively, the ``Advisers'') and any other registered
management investment company or series thereof for which a person
controlling, controlled by, or under common control with Federated
Investors, Inc., a Pennsylvania corporation (``Federated''), serves as
investment adviser (included in the term ``Adviser,'' and any such
company or series thereof, together with the Federated Funds, the
``Funds,'' and individually, a ``Fund'').\1\
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    \1\ All entities that currently intend to rely on the requested
Order are named as applicants. Any other entity that relies on the
Order in the future will comply with the terms and conditions of the
application. No Fund may rely on the requested Order unless the
Adviser serves as the primary investment adviser to such Fund. On
October 27, 1993, the Commission issued an exemptive order under
section 17(b) of the Act permitting the Funds to engage in
transactions with certain affiliated banks (A.T. Ohio Tax-Free Money
Fund, et al., Investment Company Act Release Nos. 19737 (Sept. 28,
1993) (notice) and 19816 (Oct. 27, 1993) (order)) (``1993 Order'').
The Order sought herein would not supersede the 1993 Order.

DATES:  Filing Dates: The application was filed on March 1, 2011 and
amended on August 29, 2011, July 3, 2012, December 7, 2012, August 29,
2013, June 15, 2015 and June 22, 2015.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on July 17, 2015, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants, c/o Peter Germain,
Federated Investors, Inc., Federated Investors Tower, 1001 Liberty
Avenue, Pittsburgh, PA 15222-3779.

FOR FURTHER INFORMATION CONTACT:  Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817 or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Each Fund is an open-end or closed-end management investment
company registered under the Act and is organized as a statutory trust,
business trust, or corporation under the laws of Delaware, Maryland, or
Massachusetts. The Funds have a variety of investment objectives, but
each may invest a portion of its assets in fixed-income securities. The
fixed-income securities in which the Funds may invest include, but are
not limited to, government securities, municipal securities, tender
option bonds, taxable and tax-exempt money market securities,
repurchase agreements, asset- and mortgage-backed securities, corporate
issues and syndicated loans, as the Funds' respective investment
objectives, policies and restrictions allow.
    2. The Advisers are direct or indirect wholly-owned subsidiaries of
Federated. Each Adviser is registered as an investment adviser under
the Investment Advisers Act of 1940. The Advisers act as investment
advisers to the Funds and may supervise one or

more sub-advisers with respect to certain Funds.
    3. Applicants state that, because of consolidation in the financial
services industry, combined with an increase in fund industry assets, a
few major broker-dealers account for a large percentage of the market
share in trading in fixed-income securities. Applicants state that the
decline in the number of broker-dealers and banks trading in the fixed-
income securities in which the Funds seek to invest and the increasing
importance of the few remaining institutions have increased the
importance to the Funds of their relationships with such entities. For
example, applicants state that, for the period January 1, 2014 through
December 31, 2014, there were eighty-six underwriters in the U.S. high
yield bond market and that the applicants currently trade with each of
the top ten underwriters in this market: JP Morgan, Bank of America
Merrill Lynch, Citigroup, Goldman Sachs, Morgan Stanley, Barclays,
Wells Fargo, Credit Suisse, RBC and Deutsche Bank. These entities
accounted for 80.2% of the market share for this period. The Funds also
invest in money market instruments issued by these dealers. For
example, during 2014, Federated estimates that Barclays, Deutsche Bank,
JP Morgan, HSBC and RBC issued over 9% of the financial commercial
paper. In addition, as of January 30, 2015, applicants stated that
eleven banks or broker-dealers that were part of Federated's top
fifteen dealers in 2014 maintained customer accounts in one or more of
the Funds and that the percentage of outstanding voting securities held
by each of these entities could rise above 5% of a Fund's outstanding
shares at any time. Therefore, applicants state that the Funds are
constantly at risk of being prevented from trading with the most
significant dealers in the fixed-income markets due to circumstances
that they cannot effectively control.
    4. Applicants assert that the inability of the Funds to execute
Securities Transactions (as defined below) with Affiliated Dealers
(defined below) would significantly limit the number of broker-dealers
and banks available to the Funds, the universe of underwritings in
which the Funds may participate, and the Securities Transactions in
which the Funds may engage. Applicants state that the inability to
effect Securities Transactions with Affiliated Dealers would impair an
Advisers' flexibility in portfolio management and the ability of the
Funds to purchase and sell portfolio securities, to the detriment of
their shareholders.
    5. Therefore, applicants request the Order pursuant to sections
6(c) and 17(b) of the Act exempting from section 17(a) of the Act \2\
Securities Transactions entered into in the ordinary course of business
by a Fund with an Affiliated Dealer under the circumstances, terms and
conditions set forth in the application. ``Securities Transactions''
for purposes of the Order are primary and secondary market transactions
in fixed-income securities \3\ executed on a principal basis between
the Funds and Affiliated Dealers. An ``Affiliated Dealer'' includes any
person, or any affiliated person of a person (``second-tier
affiliate''), who is an affiliated person of a Fund solely because such
person, directly or indirectly, owns, controls or holds with power to
vote five percent (5%) or more of the outstanding voting securities of
a Fund and such person or affiliated person thereof is a (a) broker-
dealer registered under the Securities Exchange Act of 1934 (the ``1934
Act'') or (b) bank excepted from the definition of broker and dealer
pursuant to Sections 3(a)(4)(B) and 3(a)(5)(C) of the 1934 Act and
therefore not required to register as a broker or dealer under the 1934
Act.\4\ The requested relief would not extend to primary market
Securities Transactions in fixed-income securities, other than
repurchase agreements and other fixed-income securities that are
``Eligible Securities'' as defined in rule 2a-7 under the Act, of which
the Affiliated Dealer, or any entity controlling, controlled by or
under common control with the Affiliated Dealer (such entity, a
``Control Affiliate''), is the primary obligor.
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    \2\ Applicants are not seeking any relief from section 10(f),
17(d) or 17(e) of the Act or rules 17d-1 and 17e-1 thereunder.
    \3\ Fixed-income securities for purposes of the Order include
interests in syndicated loans, as well as convertible bonds and
convertible preferred stock.
    \4\ No director, officer or employee of the Funds or the
Advisers is or will be a director, officer or employee of an
Affiliated Dealer. Additionally, the Chairman of the Funds' board of
directors or trustees (``Board'') is not an interested person of the
Funds, as defined in section 2(a)(19) of the Act, and seven of the
nine members of the Funds' Board are independent trustees or
directors.
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    6. Applicants state that all Securities Transactions will originate
with the purchasing Fund or its Adviser on behalf of the Fund. No
Affiliated Dealer will seek to influence the choice of a broker or
dealer for any Securities Transaction by a Fund. An Affiliated Dealer's
participation in any Securities Transaction will be limited to the
normal course of sales activities of the same nature that are being
carried out during the same period with respect to unaffiliated
institutional clients of the Affiliated Dealer.
    7. Applicants represent that there is not, and will not be, any
express or implied understanding between the Advisers and any
Affiliated Dealer that will cause a Fund to enter into Securities
Transactions or give preference to the Affiliated Dealer in effecting
such transactions between the Funds and the Affiliated Dealer.

Applicants' Legal Analysis

    1. Section 17(a) of the Act, in relevant part, prohibits an
affiliated person of a registered investment company, or an affiliated
person of such person, acting as principal, from selling to or
purchasing from such company any security or other property and from
borrowing money or other property from such company. Section 17(b) of
the Act authorizes the Commission to exempt a transaction from section
17(a) of the Act if evidence establishes that the terms of the proposed
transaction, including the consideration to be paid or received, are
reasonable and fair and do not involve overreaching on the part of any
person concerned and the proposed transaction is consistent with the
policy of each registered investment company concerned and with the
general purposes of the Act.
    2. Section 6(c) of the Act, in relevant part, authorizes the
Commission to exempt any person or transaction, or any class or classes
of persons or transactions, from any provision or provisions of the
Act, if and to the extent that such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act.
    3. Section 2(a)(3) of the Act, in relevant part, defines
``affiliated person'' of another person to include: (a) Any person
directly or indirectly owning, controlling, or holding with power to
vote, 5% or more of the outstanding voting securities of such other
person; (b) any person 5% or more of whose outstanding voting
securities are directly or indirectly owned by, controlled, or held
with power to vote, by such person; and (c) any person directly or
indirectly controlling, controlled by, or under common control with,
such other person.
    4. Section 2(a)(9) of the Act, in relevant part, defines
``control'' as ``the power to exercise a controlling influence over the
management or policies of a company, unless such power is solely the
result of an official

position with such company.'' Section 2(a)(9) also provides that any
person who owns beneficially, either directly or through one or more
controlled companies, more than 25% of the voting securities of a
company shall be presumed to control such company, and that any person
who does not so own more than 25% of the voting securities of any
company shall be presumed not to control such company.
    5. Applicants state that if a bank or broker-dealer acquires five
percent or more of the outstanding voting securities of a Fund, the
bank or broker-dealer would become an affiliated person of the Fund and
a second-tier affiliate of the other Funds within the meaning of
section 2(a)(3) of the Act (by virtue of the Funds' being under the
common control of the Advisers or common directors or officers).
    6. Applicants submit that the primary purpose of section 17(a) is
to prevent a person with the power to control or influence a registered
investment company from engaging in self-dealing or overreaching, to
the detriment of the investment company's shareholders. Applicants
submit that the policies which section 17(a) of the Act was meant to
further are not implicated in the context of the requested Order
because the Affiliated Dealers are not in a position to cause a Fund to
enter into a Securities Transaction or otherwise influence portfolio
decisions by the Advisers on behalf of the Funds. Applicants state
that, as a result, no Affiliated Dealer is in a position to cause a
Fund to enter into Securities Transactions that are not in the best
interests of the Fund and its shareholders. Applicants also state that
there will be no conflict of interest associated with an Adviser's
decision to engage in a Securities Transaction with an Affiliated
Dealer on behalf of a Fund. Applicants further submit that the
conditions to the requested Order provide further protections against
any possibility of self-dealing or overreaching by the Affiliated
Dealers. Therefore, applicants submit that the requested Order
satisfies the statutory standards for relief.

Applicants' Conditions

    Applicants agree that the Order granting the requested relief will
be subject to the following conditions:

A. Structural

    1. No Fund will engage in Securities Transactions in reliance on
the requested Order with any Affiliated Dealer which controls any Fund,
within the meaning of section 2(a)(9) of the Act, or with any
Affiliated Dealer that is an affiliated person of such Affiliated
Dealer.
    2. An Affiliated Dealer's participation in any Securities
Transaction will be limited to the normal course of sales activities of
the same nature that are being carried out during the same period with
respect to unaffiliated institutional customers of the Affiliated
Dealer. In particular, no Adviser will directly or indirectly consult
with any Affiliated Dealer concerning Securities Transactions, or the
selection of a broker or dealer for any Securities Transaction placed
or to be placed on behalf of a Fund. No Affiliated Dealer will seek to
influence the choice of broker or dealer for any Securities Transaction
by a Fund.
    3. The Compliance Department of the Advisers will prepare
guidelines for their respective personnel to make certain that
Securities Transactions effected pursuant to the Order comply with its
terms and conditions, and that the Advisers maintain an arm's-length
relationship with the Affiliated Dealers. The Compliance Department of
the Advisers will monitor periodically the activities of the Advisers
to make certain that the terms and conditions of the Order are met.
    4. Each Fund's Board will annually determine whether the level of
Securities Transactions executed with Affiliated Dealers is appropriate
based upon its review, without limitation, of the following materials
to be prepared by the Advisers:
    (a) a report on the Affiliated Dealers' market share in fixed-
income securities for the previous twelve (12) months; and
    (b) a memorandum explaining why continued reliance on the Order is
in the best interests of the Funds. Such memorandum will discuss the
findings of the Fixed Income Brokerage Practices Committee which
reviews broker performance and execution on a quarterly basis. Such
memorandum will also include an analysis of the current fixed-income
securities markets and such other materials as the Board may request in
order to aid it in its review, including, but not limited to, data
showing that the exclusion of the Affiliated Dealers would deny the
Funds opportunities for investment and improved execution.
    Based on such report and memorandum, without limitation, the Board
will further, in a separate determination, consider annually whether
continued reliance by the Funds on the Order is appropriate for each
category of fixed-income securities (such categories to be reasonably
defined by the Advisers), as evidenced by the aggregate market share of
the Affiliated Dealers in each such category, among other things.

B. Transactional

    With respect to each Securities Transaction entered into or
effected pursuant to the Order:
    5. Each Fund's Board, including a majority of the disinterested
Board members (``Necessary Majority''), will approve, and the Fund will
implement, procedures governing all Securities Transactions pursuant to
the Order and the Fund's Board will no less frequently than quarterly
review all such Securities Transactions and receive and review a report
(the ``Report'') of those Securities Transactions. The Report will be
prepared by the Fund's Adviser, and reviewed and approved by the Fund's
Chief Compliance Officer, will indicate for each Securities Transaction
that the terms and conditions of the Order have been satisfied, and
will include a discussion of any significant changes in the volume,
type or terms of Securities Transactions between the relevant Fund and
the Affiliated Dealer, the reasons for these changes, and a
determination that such changes are legitimate.
    6. For each Securities Transaction, the Advisers will adhere to a
``best execution'' standard, will consider only the interests of the
Fund, and will not take into account the impact of the Fund's
investment decision on the Affiliated Dealer. Before entering into any
Securities Transaction, the Adviser will determine that the transaction
is consistent with the investment objectives and policies of the Fund
and is in the best interests of the Fund and its shareholders.
    7. A primary market Securities Transaction will not involve the
purchase of a fixed-income security of which the Affiliated Dealer to
the transaction, or one of its Control Affiliates, is the primary
obligor, unless the transaction is for repurchase agreements or
Eligible Securities, and such Affiliated Dealer, and any of its Control
Affiliates, does not hold 5% or more of the outstanding voting
securities of a Fund defined as a ``Money Market Fund'' in the General
Instructions to Form N-1A, which holds itself out as a money market
fund and meets the maturity, quality, and diversification requirements
of rule 2a-7 under the Act.
    8. The Advisers to the Funds will maintain a credit committee for
Eligible Securities and an execution assessment committee for trading
in fixed-income securities. A Fund may purchase from an Affiliated
Dealer an Eligible Security for which the Affiliated Dealer or a
Control Affiliate is the primary obligor

only if (a) the credit committee has determined that the Affiliated
Dealer's or the Control Affiliate's primary obligations, or if the
Eligible Security is guaranteed by another entity, the other entity's
obligations, present minimal credit risks, as currently required by
rule 2a-7(c) under the Act and (b) the execution assessment committee
reviews the terms of the purchase at its next regular meeting and
addresses any concerns regarding the terms of purchase, including
whether the Funds may engage in future Eligible Securities transactions
with such Affiliated Dealer. The Advisers' Compliance Department will
monitor the meetings of the credit and execution assessment committees
and will include the committees' determinations in the Report provided
to the Board.
    9. Each Fund will (a) for so long as the Order is relied upon,
maintain and preserve in an easily accessible place a written copy of
the procedures and conditions (and any modifications thereto) that are
described herein, and (b) maintain and preserve for a period of not
less than six years from the end of the fiscal year in which any
Securities Transaction in which the Fund's Adviser knows that both an
Affiliated Dealer and the Fund directly or indirectly have an interest
occurs, the first two years in an easily accessible place, a written
record of each such transaction setting forth a description of the
security purchased or sold by the Fund, a description of the Affiliated
Dealer's, or the Affiliated Dealer's affiliated person's, interest or
role in the transaction, the terms of the transaction, and the
information or materials upon which the determination was made that
such transaction was made in accordance with the procedures set forth
above and conditions in the application.
    10. Except as otherwise provided below, before any secondary market
principal transaction is entered into between a Fund and an Affiliated
Dealer, the Fund's Adviser will obtain a competitive quotation for the
same securities (or in the case of securities for which quotations for
the same securities are not available, a competitive quotation for
Comparable Securities \5\) from at least two dealers that are not
affiliated persons of the Affiliated Dealer or the Adviser and that are
in a position to quote favorable market prices, except that if, after
reasonable efforts, quotations are unavailable from two such dealers,
only one other competitive quotation is required. For each such
transaction, the Adviser will determine, based upon the quotations and
such other relevant information (such as available transaction prices
and any other information regarding the value of the securities) as is
reasonably available to the Adviser, that the price available from the
Affiliated Dealer is at least as favorable as that available from other
sources.
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    \5\ The term ``Comparable Securities'' refers to securities with
substantially identical maturities, credit risk and repayment terms
(including floating or fixed-rate coupons, attached options, or any
other provisions that affect the expected size or timing of the
payments from the securities) as the securities to be purchased or
sold.
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    (a) With respect to each such transaction involving repurchase
agreements, a Fund will enter into such agreements only where the
Adviser has determined, based upon relevant information reasonably
available to the Adviser, that the income to be earned from the
repurchase agreement is at least equal to that available from other
sources. Before any repurchase agreements are entered into pursuant to
the exemption, the Fund or the Adviser will obtain competitive
quotations with respect to repurchase agreements comparable to the type
of repurchase agreement involved from at least two dealers that are not
affiliated persons of the Affiliated Dealer or the Adviser, except that
if, after reasonable efforts, quotations are unavailable from two such
dealers, only one other competitive quotation is required.
    (b) With respect to each such transaction involving variable rate
demand notes for which dealer quotes are not ordinarily available, a
Fund will only undertake purchases and sales where the Adviser has
determined, based on relevant information reasonably available to the
Adviser, that the income earned from the variable rate demand note is
at least equal to that of variable rate demand notes of comparable
quality that are available from other sources.
    11. Except as otherwise provided below, with respect to securities
offered in a primary market underwritten transaction a Fund will
undertake such purchase from the Affiliated Dealer only where the
Adviser has determined, based upon relevant information reasonably
available to the Adviser, that the securities were purchased at a price
that is no more than the price paid by each other purchaser of
securities from the Affiliated Dealer or other members of the
underwriting syndicate in that offering or in any concurrent offering
of the securities, and on the same terms as such other purchasers
(except in the case of an offering conducted under the laws of a
country other than the United States, for any rights to purchase that
are required by law to be granted to existing securities holders of the
issuer).
    12. With respect to a primary market transaction in which an
Affiliated Dealer offers as principal fixed-income securities on a
continuing, rather than a fixed, basis a Fund will enter into such
transactions only where the Adviser has determined, based upon relevant
information reasonably available to the Adviser, that the yield on such
fixed-income securities is at least equal to the yield of Comparable
Securities at that time. Before any such fixed-income securities are
purchased pursuant to the Order, the Fund or the Adviser will obtain
competitive quotations with respect to yields on fixed-income
securities comparable to the type of fixed-income securities involved
from at least two dealers that are not affiliated persons of the
Affiliated Dealer or the Adviser, and that are in a position to quote
favorable market yields, except that if, after reasonable efforts,
quotations are unavailable from two such dealers, only one other
competitive quotation is required.
    13. Prior to entering into a Securities Transaction with an
Affiliated Dealer, the Fund's Adviser will determine that the Fund
needs the ability to transact with the Affiliated Dealer based upon a
reasonable determination:
    (a) that the Fund could not obtain as favorable an execution for
the Security Transaction by trading with an unaffiliated dealer; and
    (b) that there is no similar investment opportunity suitable for
and more advantageous to the Fund that could be obtained from an
unaffiliated dealer.
    14. The commission, fee, spread, or other remuneration to be
received by an Affiliated Dealer will be reasonable and fair compared
to the commission, fee, spread, or other remuneration received by other
persons in connection with comparable transactions involving similar
securities being purchased and sold during a comparable period of time.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-16091 Filed 6-30-15; 8:45 am]
BILLING CODE 8011-01-P


Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
EXECUTIVE SUMMARY
 Identification of the Information Collection  -  Title and Numbers
	Title: Notification of Chemical Exports - TSCA Section 12(b)
	EPA ICR No.: 0795.17
	OMB Control No.: 2070-0030
	Docket ID No.: EPA-HQ-OPPT-2015-0435
 Abstract
Section 12(b) of the Toxic Substances Control Act (TSCA) states, in part, that any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of information is required under TSCA section 4 or 5(b), or for which a rule, action or order has been proposed or promulgated under TSCA section 5, 6, or 7, shall notify the EPA Administrator of such export or intent to export. The Administrator in turn will notify the government of the importing country of the notice and of EPA's regulatory action with respect to the substance.
In several regulations implementing section 12(b), EPA described the notification requirements applicable to persons exporting chemicals, including frequency of notification, covered chemicals, and content of the notification. (45 FR 82844, December 16, 1980; 58 FR 40242, July 27, 1993; 71 FR 66234, Nov. 14, 2006). These rules are codified at 40 CFR Part 707, Subpart D.
This information request is therefore considered mandatory when TSCA section 12(b) export notification requirements are prompted. The export notice must include five easily ascertainable items: the name and address of the exporter, the name of the chemical, the country of import, the date of export or intended export, and the section of TSCA under which EPA has taken action (section 4, 5, 6 or 7). There are currently over 1,000 substances or categories of substances that have been regulated or proposed to be regulated under the applicable sections of TSCA.
In an effort to reduce the information collection burden for TSCA section 12(b) export notification, EPA's Office of Pollution Prevention and Toxics (OPPT) makes available to the public on its website a list of chemical substances subject to TSCA section 12(b) export notification requirements (see "Chemicals Subject to TSCA Section 12(b) Export Notification Requirements" at: http://www.epa.gov/tsca-import-export-requirements). In addition, OPPT also makes available a comprehensive listing of the "sunset" dates for chemicals subject to TSCA section 4 actions (i.e., the dates on which the TSCA section 4 testing, reimbursement, and reporting requirements and/or TSCA section 4-triggered TSCA section 12(b) export notification requirements have terminated ("sunset") or have been calculated to sunset) (see "Sunset Dates of Chemicals Subject to Final TSCA Section 4 and Related 12(b) Actions" at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/sunset-dates-chemicals-subject-final-tsca-section-4-test). Also, to improve chemical safety and provide more streamlined access to information on chemicals, EPA continues to expand its internet accessible database, ChemView, which greatly improves access to health and safety data on chemicals regulated under TSCA. Among other things, ChemView includes the list of chemicals subject to TSCA section 12(b) export notification requirements. The 12(b) list in ChemView is routinely updated as new actions require additions to the list and as chemicals are removed from the list when the regulatory action that triggered the section 12(b) requirement expires (sunsets).
EPA believes that the 12(b) list and sunset table serve as useful tools to assist industry in complying with TSCA and have resulted in an overall reduction of the information collection burden.
 Summary Total Burden and Costs

Total Number of Respondents
Number of Responses
Annual Burden Hours
Annual Costs
Respondent
198
4,743
2,932
$230,017 includes $13,793.30 in non-labor costs
Agency

843
$74,195

Supporting Statement
   Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
 This information collection is necessary to implement statutory requirements of export notification pursuant to section 12(b) of TSCA and is consistent with the requirements of 5 CFR 1320.6.
TSCA section 12(b) requires exporters to submit a notice to EPA for each country to which a chemical subject to TSCA section 12(b) requirements is exported. Specifically, TSCA section 12(b) states, in part, that any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of information is required under TSCA section 4 or 5(b), or for which a rule, action or order has been proposed or promulgated under TSCA section 5, 6, or 7, shall notify the EPA Administrator of such export or intent to export. The Administrator in turn will notify the government of the importing country of the notice and of EPA's regulatory action with respect to the substance. See Attachment 1 for exact language of TSCA section 12(b), 15 U.S.C. 2611(b).
Regulations implementing the statutory mandate in TSCA section 12(b) appear in 40 CFR Part 707, Subpart D, and include the following additional provisions:
 No notice of export will be required for articles, except polychlorinated biphenyl (PCB) articles, unless the Agency so requires in the context of individual TSCA section 5, 6, or 7 actions.
 Any person who exports or intends to export PCBs or PCB articles, for any purpose other than disposal, shall notify EPA of such intent or exportation under TSCA section 12(b). PCBs and PCB articles are defined at 40 CFR 761.3.
 Any person who would be prohibited by a TSCA section 5 or 6 regulation from exporting a chemical substance or mixture, but who is granted an exemption by EPA to export that chemical substance or mixture, shall notify EPA under TSCA section 12(b) of such intent to export or exportation.
 An exporter will be subject to possible enforcement action (including penalties) for not complying with the applicable provisions of TSCA section 12(b).

 The full text of 40 CFR part 707 is provided in Attachment 2.
   Indicate how, by whom, and for what purpose the information is to be used.  Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection
As required by TSCA section 12(b), the Administrator will use the information collected under this ICR to furnish the required notice to the government of the importing country. The importing country typically uses the information provided to ensure that chemicals imported into their country comply with their applicable laws and regulations.
   Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
 TSCA section 12(b) export notifications are received by EPA's Information Management Division (IMD) in OPPT. IMD notifies appropriate foreign governments of the export of the specific TSCA-regulated chemicals to their country in accordance with the requirement in TSCA section 12(b) and the regulations at 40 CFR part 707, Subpart D.
This ICR renewal introduces EPA's optional electronic information reporting system designed to be a user-friendly interface for parties engaged in reporting under TSCA section 12(b). The modernization of the TSCA section 12(b) export notification process enables electronic reporting for TSCA section 12(b) for both incoming and outgoing information, which greatly reduces the burden on industry to submit the paper section 12(b) notifications and on OPPT in the processing of paper submissions.
Prior to this renewal, section 12(b) export notifications could only be submitted to the Agency in hardcopy, by mail or in person, requiring the Agency to manually scan and process submissions. The modernization of the section 12(b) export notification process will allow the option for users to prepare and submit their notifications to the Agency electronically using a web-based application. To file electronically, submitters must use the EPA provided application. To access the application, users must register with EPA's Central Data Exchange (CDX). CDX is the Agency's portal for submitting information to EPA in a secure manner. When registering, a user will need to ensure they are registering for the Chemical Safety and Pesticide Programs (CSPP) data flow which will provide them access to the Chemical Information Submission System (CISS) where the TSCA section 12(b) can be accessed. (Note: Users who have previously registered with CDX are able to add "Submission for Chemical Safety and Pesticide Program (CSPP)" to their current registration.) This reporting tool is compatible with Windows, Mac, Linux, and UNIX based computers, and uses "Extensible Markup Language" (XML) specifications for efficient data transmission across the Internet.
   Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
 The exporter submits one notice to EPA. There is no duplication of this mandate or collection activity, and there are no viable alternate sources for the Agency to obtain the information necessary to satisfy the statutory mandate.

 The Agency carefully considered alternatives to imposing a notification requirement on the chemical exporters, but no viable alternate sources were identified that would accomplish what the statute requires or provide the required information as specified in the statute. Prior to promulgating the TSCA section 12(b) rule, EPA considered the possibility of using export data gathered by the U.S. Census Bureau in lieu of imposing notification requirements in a TSCA section 12(b) rule. However, several problems with the Census export data continue to make such an approach impractical. These problems include, among others, the fact that Census data are often not chemical-specific; Census exempts certain shipments and exporters that are not exempt from TSCA section 12(b) notifications; and Census data would not be available for up to eight weeks following export, a delay that would prevent EPA from providing an importing government the timely notice required by TSCA section 12(b).
 In addition, the Agency's activities are not duplicative of any other agency's actions. Importing countries do not receive such notifications from any other sources.
   If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
TSCA section 12(b) does not exempt small businesses. However, most reporting has been by large companies which do most of the exporting. The burden on any exporter is relatively minimal, estimated at 12.41 hours with an associated cost of approximately $939 for firms that submit electronically and 18.91 hours with an associated cost of approximately $1,543 for those who submit paper reports. .
   Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
 In general, there are basically two collection schedules related to the TSCA section 12(b) export notification requirements, i.e., a one-time collection and an annual collection. On an annual basis, excluding TSCA section 4 chemicals, and certain TSCA section 5 chemicals, an exporter must submit only one TSCA section 12(b) notice for each country to which a chemical subject to TSCA section 12(b) is exported. For TSCA section 4 chemicals, and certain TSCA section 5 chemicals, an exporter must only submit one TSCA section 12(b) notice for the first export or intended export of a subject chemical to a particular country.
 The collection methodology is event-based, i.e., the exporter's decision to export a chemical subject to TSCA section 12(b). With the exception of TSCA section 4 chemicals, and certain TSCA section 5 chemicals, an exporter must submit, on an annual basis, one TSCA section 12(b) notice for each country to which a chemical subject to TSCA section 12(b) is exported. For TSCA section 4 chemicals, and certain TSCA section 5 chemicals, an exporter must only submit a TSCA section 12(b) notice for the first export or intended export to a particular country. The TSCA section 12(b) notice may be submitted to EPA within seven days after the exporter accepts a definite contractual obligation or no later than the date of export.
 If the collection of information was conducted less frequently, the statutory requirements would not be met.
   Explain any special circumstances that require the collection to be conducted in a manner:
requiring respondents to report information to the agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
Not applicable.
   Not applicable. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.
    Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
    Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
Additionally, under 5 CFR 1320.8(d)(1), OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an ICR to OMB for review and approval (85 FR 61746). In accordance with this regulation, EPA submitted questions to several interested parties via e-mail Attachment 3. The individual entities contacted were:

 American Chemistry Council Inc.
 Society of Chemical Manufacturers and Affiliates (SOCMA)
 Household and Commercial Products Association
 American Petroleum Institute
 Environmental Law Center, Vermont Law School
 Plastics Industry Association
 Environmental Defense Fund
 Environmental Working Group
 Natural Resources Defense Council
EPA received one response to its solicitation for consultations from the American Petroleum Institute (API), consisting of a copy of the comments provided in response to the public solicitation for comment mentioned previously. Comments from API requested that the Agency reconsider the TSCA Section 12(b) export notification requirement, because it is outdated and the information regarding exports to and from countries is available on the Internet or through EPA databases. API also noted that the regulations are burdensome on businesses because the exporter must develop and maintain compliance systems to track exports, continually track TSCA section 4, 5, 6 and 7 actions that trigger 12(b) requirements, determine whether chemical exports are subject to those actions and 12(b) requirements, determine if annual or one-time notification is required, and submit notifications to EPA within seven days of forming the intent to export or on the date of export. The commenter suggested that if export notifications continue there should be an annual submission deadline or allow for 30 days after the export, and that the Agency should instead rely on export information from the Chemical Data Reporting rule instead of requiring export notifications.
In response to API's comment regarding the maintaining compliance systems, EPA has made efforts to assist the regulated community. EPA maintains a list of chemical substances and mixtures subject to applicable TSCA triggering actions and updates it regularly to aid exporters in making relevant compliance determinations. Furthermore, as indicated by the commenter, EPA has reduced the frequency of submitting notices for each exporter since the TSCA section 12(b) regulations were first promulgated in 1980. For example, the current regulations require a notice only for the first export or intended export by an exporter to a particular country for some underlying actions and for the first export or intended export by an exporter to a particular country in a calendar year for other triggering actions. Under this ICR renewal, EPA is also requesting OMB approval to make available the option of submitting export notices electronically in lieu of paper-based submissions, further reducing exporters' and EPA's burden hours associated with TSCA section 12(b) requirements, as indicated in the ICR supporting statement.
A copy of EPA's consultation to the above potential respondents and the response received are in Attachment 3 and are available in the docket. The comment is in Attachment 5 and the EPA responses are in Attachment 4.
   Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
Not applicable.
   Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
 The exporter may claim all or part of a TSCA section 12(b) export notice confidential. The Frank R. Lautenberg Chemical Safety for the 21st Century Act amended section 14 of TSCA and requires the exporter to substantiate and certify claims of confidentiality unless the information claimed confidential is exempt from the substantiation requirements under TSCA section 14(c). A sample TSCA section 12(b) substantiation template is available at https://www.epa.gov/tsca-cbi/what-include-cbi-substantiations#substantiationtemplates.
 EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA and 40 CFR part 2. Information submitted under specific reporting requirements of TSCA, or in support of TSCA, is subject to the provisions of section 14 of TSCA and to EPA's Regulations on the Confidentiality of Business Information (see 40 CFR part 2). Failure to follow these procedures fully at the time of document submission to EPA is interpreted by the Agency as a waiver of confidentiality claims. Submitters may claim confidentiality for proprietary information. However, notwithstanding any claim of confidentiality, the foreign government of the importing country will be notified of the export of the substance(s) in question.
   Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
No information of a sensitive or private nature is requested in conjunction with these information collection activities, and these information collection activities comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108.
   Provide estimates of the hour burden of the collection of information. The statement should:
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.
 Respondents to this collection are exporters of chemical substances, which are mostly chemical companies classified under NAICS Codes 325 and 324. Exporters are required to include the following information in their export notification:
 the name and address of the exporter;
 the name of the chemical;
 the country of import;
 the date of export or intended export; and
 the TSCA section 4, 5, 6 or 7 action that triggers the notice.

 In providing the required TSCA section 12(b) export notification, the respondent (exporter) is likely to engage in the following activities:
 Compile and maintain a list of chemical products manufactured by the company that are also subject to a TSCA section 4, 5, 6 or 7 action (e.g., compare the list of their chemicals to be exported with EPA's list of TSCA section 12(b) chemicals subject to export notification);
 Check this list against outgoing orders to determine if a product/chemical on the list is expected to be exported to a customer outside of the U.S.;
 If it is, identify whether a TSCA section 12(b) notice is required (e.g., is it the first shipment to that country this year); and
 If product/chemical is on the list and a TSCA section 12(b) notice is required, complete the required export notice and forward it to EPA by U.S. Mail or EPA's CDX system within the required time period.
The burden to exporters of this information collection activity comprises the time required to perform the steps outlined in this section of this document.
A notice is a package received by the EPA by one firm. EPA will be implementing e-reporting for submission of notices, for companies that wish to report electronically instead of paper reporting. A firm may submit more than one notice per year. Each notice may contain several chemicals and/or countries. A notice subsequently becomes a letter of notification that EPA issues to a foreign government.
Ever since a change in reporting requirements published on November 14, 2006, there is a one-time notification requirement for exporters of chemicals. In addition, the change required the Agency to notify foreign governments once after it receives the first export notification from an exporter. The shift to one-time-only export notification in the amendments affected almost all notifications received under TSCA section 5 (US EPA, 2006). Note that EPA also promulgated de minimis concentration levels below which notification will not be required for the export of any chemical for which export notification under TSCA section 12(b) is otherwise required.
For the purposes of this ICR, based on best available information, and given no known factors to change industry burden and cost, EPA assumes that the level of reporting will be consistent with that of the last ICR period.  EPA estimates that there will be no changes to industry that would result in a change in reporting or burden. EPA estimated that 198 firms will respond per year. As firms are given the opportunity to submit reports electronically rather than by paper, EPA has estimated that 63% of reports will be submitted electronically. This expectation is based on the trend witnessed for TSCA section 8(e) electronic submissions in which firms can submit by paper or electronically. Table 1 presents the unit burden by activity for paper-based reporting and e-reporting. The activities involved and calculation details are listed below. EPA estimates the total annual burden at approximately 2,932 hours.
Compile List.  Since this information collection activity has been in place for 20 years, most exporters will have already developed a list of their products subject to TSCA section 12(b) reporting.  Exporters need only check for new regulations promulgated, and any new products exported by the firm. EPA estimates that exporters will carry out this activity only once per year. Updating the list is estimated to take an average of one hour of technical time (which may also include some proportion of legal time). This could vary depending on the number of products from two hours per year up to two hours per month of technical time (which may also include some proportion of legal time). This will vary depending on the number of products exported by the firm and the number of their products subject to TSCA section 12(b). EPA estimates unit burden for compiling the list estimated at an average of 9.3 hours of technical time per firm per year.
 Write or Revise Letter.  Firms that export chemicals subject to TSCA section 12(b) reporting must prepare an export notice to send to EPA. EPA estimates that exporters will carry out this activity once per year. EPA expects that the time needed for initial preparation of the export notice probably varies depending on whether the firm has prior experience with this program, but this step is estimated to take an average of one hour of technical time (which may also include some proportion of legal time) per year for each firm subject to TSCA section 12(b) reporting.
 CBI Substantiation. Firms are required to provide CBI substantiation for any claims of data confidentiality. When estimating this burden, EPA accounts for the burden associated with the substantiation of ChemID and non-ChemID claims. CBI substantiation for ChemID elements involves providing answers to questions concerning reasons that CBI status of chemical substance is to be maintained. CBI substantiation for ChemID claim is estimated to take 1.15 hours per report, including both technical and managerial time (EPA, 2017; EPA, 2019). A firm will claim CBI for ChemID elements when submitting a chemical that is not included in the 12(b) list. Approximately one percent of submissions include chemicals that are not listed, and as a result, include ChemID claims. Therefore, when estimating the burden per firm associated with ChemID claims, the burden of 1.15 hours is scaled by one percent. Firms are required to provide CBI substantiation for non-ChemID data elements, which is estimated to take 0.96 hours per report, including both technical and managerial time (EPA, 2017). Based on the previous ICR period, approximately eight percent of submissions claimed CBI for non-ChemID elements. Therefore, when estimating the burden per firm associated with non-ChemID claims, the burden of 0.96 hours is scaled by eight percent. Taking into account the expectation that each firm will submit 24 reports per year, the total burden associated with CBI substantiation is estimated to be 2.11 hours per year per firm.
 Check Orders and Send Notices.  The firms that export chemicals subject to TSCA section 12(b) reporting must check outgoing shipments against the list of their products described above. A form letter notifying EPA is either printed out or electronically prepared detailing where the shipment is going for a TSCA section 12(b) chemical if it is the first shipment of the year to the importing country. This process is estimated to take an estimated zero hours for the 63% of submissions received electronically, as opposed to the 6.5 hours of clerical time per firm for the remaining 37% of submissions by paper. EPA estimates each firm will submit approximately 24 reports per year. Therefore, the Agency expects to receive a total of 4,743 notices per year.
 Table 1 provides the estimated unit burden per activity for both paper-based reporting and e-reporting.
TABLE 1: UNIT BURDEN PER ACTIVITY
                                   Activity
                         Paper-based Reporting (hours)
                              E-reporting (hours)

                                   Technical
                                  Managerial
                                   Clerical
                                   Technical
                                  Managerial
                                   Clerical
Compile list
                                      9.3
                                       0
                                       0
                                      9.3
                                       0
                                       0
Write letter
                                       1
                                       0
                                       0
                                       1
                                       0
                                       0
Check order and send notice
                                       0
                                       0
                                      6.5
                                       0
                                       0
                                       0

Table 2 presents the average burden per firm associated with CBI substantiation.	Firms are required to provide CBI substantiation for any claims of data confidentiality. The burden associated with CBI substantiation is compromised of the time required to substantiate ChemID and non-ChemID claims. This estimate takes into account the expectation that each firm will submit 24 reports per year. It also accounts for the expectation that approximately one percent of reports will include ChemID claims and that approximately eight percent of reports will include non-ChemID claims.
TABLE 2: AVERAGE BURDEN PER FIRM FOR CBI SUBSTANTIATION
                                   Activity
                           Burden per Claim (hours)
                        Average Burden per Firm (hours)

                                   Technical
                                  Managerial
                                   Clerical
                             Total Burden (hours)
                                   Technical
                                  Managerial
                                   Clerical
                               Total Burden[a]
                      Average Burden per Firm[b] (hours)
CBI Substantiation (ChemID)
                                     0.77
                                     0.38
                                     0.00
                                     1.15
                                     18.48
                                     9.12
                                     0.00
                                     27.60
                                     0.27
CBI Substantiation (Non-ChemID)
                                     0.64
                                     0.32
                                     0.00
                                     0.96
                                     15.36
                                     7.68
                                     0.00
                                     23.04
                                     1.84
Average Burden per Firm

                                  2.11 hours
a Total burden per firm is based on a firm submitting 24 reports and each report including the respective type of CBI claim.
b The average burden per firm for CBI substantiation takes into account the expectation that firms will submit 24 reports on average.
Based on the expectation that approximately one percent of reports will include ChemID claims eight percent of reports will include non-ChemID claims.

Table 3 presents the total burden per firm for both the electronic and paper submission cases. Firms who submit reports electronically are expected to incur a total burden of 12.41 hours. Firms who submit paper reports are expected to incur a total burden of 18.91 hours. Based on the expectation that 63 percent of firms will submit reports electronically, the average burden per firm is estimated at approximately 14.82 hours.
TABLE 3: TOTAL BURDEN PER FIRM BY SUBMISSION TYPE
Submission Type
                                Number of Firms
                                Burden (hours)

                                 Compile List
                                 Write Letter
                          Check order and send notice
                              CBI Substantiation
                             Total Burden per Firm
E-reporting
                                      125
                                      9.3
                                       1
                                       0
                                     2.11
                                  12.41 hours
Paper Submission
                                      73
                                      9.3
                                       1
                                      6.5
                                     2.11
                                  18.91 hours

The annual aggregate burden when taking into account the expectation that 125 firms will report electronically and 73 firms will submit paper reports is calculated by:
Annual Aggregate  Burden=  125 firms x 12.41 hours+73 firms x 18.91 hours=2,931.68 hours
The annual aggregate burden is estimated to be approximately 2,932 hours.
The costs to exporters are based on the time needed to complete the tasks listed in this section, the hourly cost of labor at appropriate levels (labor rates), the number of firms affected, and/or the number of notices generated. There are also costs for mailing. Respondent costs include labor and non-labor costs. Loaded labor rates, including fringe costs, are provided in Table 4. For non-labor (mailing) costs, the postal rate total $15.85 per notice sent to EPA (U.S. domestic mail rate USPS 2018):
 $12.60 for registered mail
 $2.75 for a return receipt
 $0.50 postage

Table 4 presents the loaded industry wage rates used to estimate the aggregate annual costs presented in Table 5. Based on the expectation that 63% of firms will submit reports electronically, the annual aggregate cost is estimated to be approximately $230,017.
TABLE 4: INDUSTRY WAGE RATES (2018$)
                                Labor Category
                                 Data Series
                                     Date
                                     Wage
                                Fringe Benefit
                               Fringes as % Wage
                               Over-head % wage
                           Fringe + Overhead Factor
                             Hourly Loaded Wages

                                      (a)
                                      (b)
                                 (c) =(b)/(a)
                                      (d)
                                 (e)=(c)+(d)+1
                                 (f)=(a)x(e)
Managerial
BLS ECEC, Private Manufacturing industries, "Mgt, Business, and Financial"
                                    Dec-18
                                    $48.73
                                    $23.08
                                      47%
                                      17%
                                     1.64
                                    $80.09
Professional / Technical
BLS ECEC, Private Manufacturing industries, "Professional and related"
                                    Dec-18
                                    $44.35
                                    $24.43
                                      55%
                                      17%
                                     1.72
                                    $75.32
Clerical
BLS ECEC, Private Manufacturing industries, "Office and Administrative Support"
                                    Dec-18
                                    $20.77
                                    $10.20
                                      49%
                                      17%
                                     1.66
                                    $34.50

TABLE 5: Estimated Aggregate Annual Burden Hours and Costs
                                   Activity
                             Number of respondents
                                 Burden Hours
                                     Costs
Paper-based Reporting
Compile list
                                      73
                                   679 hours
                                    $51,135
Write letter
                                      73
                                   73 hours
                                    $5,498
Check order and send notice
                                      73
                                   475 hours
                                    $44,139
CBI Substantiation
                                      73
                                   154 hours
                                    $11,898
Total Paper Based Reporting
                                      73
                                  1,380 hours
                                   $112,670
E-reporting
Compile list
                                      125
                                  1,163 hours
                                    $87,560
Write letter
                                      125
                                   125 hours
                                    $9,415
Check order and send notice
                                      125
                                    0 hours
                                      $0
CBI Substantiation
                                      125
                                   264 hours
                                    $20,373
Total Paper Based Reporting
                                      125
                                  1,551 hours
                                   $117,347
Total
                                      198
                                     2,932
                                   $230,017
Note: Values may not sum due to rounding. Total burden and cost are calculated with unrounded numbers and then rounded to the nearest hour and dollar, respectively, for presentation purposes.
   Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
There are no O&M costs associated with the collection.
   Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
Agency unit costs are based on past TSCA section 12(b) analyses and on contacts with the OPPT's Environmental Assistance Division (EAD), which administered the 12(b) export notification process before IMD. EPA's cost estimates are based on past experience with these activities. The Agency cost can be divided into four parts: (1) receiving and processing incoming notices, (2) preparing and mailing notifications to importing countries, (3) responding to requests for information and clarification from firms and importing countries, and (4) reviewing CBI claim substantiation. The allocation of burden hours and costs among these four parts is not exact, but the analysis below is reasonably accurate in terms of the overall burden estimate and the approximate allocation of that burden among these tasks. EPA presents activity descriptions followed by a summary of Agency costs in Table 6. The total annual Agency cost estimated at $74,195.
TABLE 6: AGENCY WAGE RATE (2018$)
Labor Category
Data Source for Wage Information
Wage ($/hour)
Fringe Benefit
Fringes as % wage
Overhead as % wage
Fringe + Overhead Factor
Loaded Wage ($/hr)

(a)
(b)
(c) = (b) / (a)
(d)
(e) = (c) + (d) + 1
(f) = (a) * (e)
EPA staff
Annual federal staff cost: OPM Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV area, GS-13 Step 5 pay rates 1
$53.85
Included in 60% overhead
N/A
60% 2
1.6
$86.16

1 Source: U.S. Office of Personnel Management. (2019). Salary Table 2019-DCB. Retrieved June 20, 2019 from Pay & Leave: Salaries & Wages: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/19Tables/html/DCB_h.aspx.
2The 60 percent fringes-and-overhead rate is from an EPA guide, Instructions for Preparing ICRs (U.S. EPA, 2009).

Task 1: Receiving and processing incoming notices.  In the first task, notices are received from firms that intend to export a product covered by this rule, the forms are checked for completeness, and the submissions are logged into a document control system.  Based on conversations with the workers responsible for this task, about 100 notices can be processed per hour.  EPA projects that an average of 4,743 notices (as estimated in section 6(a)) will be received per year over the period covered by this ICR, requiring 47.43 hours of support per year.
Task 2: Preparing and mailing notifications to importing countries.  In the second task, workers prepare letters of notification which are subsequently reviewed and sent out to importing countries.  Not all notifications submitted require that a notice be sent out. This work averages approximately 30 minutes per notice. Based on updated information, EPA estimates an average of 91 notification letters mailed each year. This yields a burden of 45.5 hours per year.
Task 3: Responding to requests for information and clarification from firms and importing countries.  The burden described above covers the routine tasks of handling both incoming notices and outgoing notifications. The totals above also include a certain amount of time spent responding to routine requests for information, since data are not available to separate this out from the other tasks.  Based on updated information, the work of responding to non-routine requests for information and clarification from industry and importing countries, and handling other tasks associated with the TSCA section 12(b) program can be expected to require about 560 hours per year.
Task 4: Review of CBI Claim Substantiation. In the fourth task, any submissions that claim CBI must be reviewed. Electronic submissions are completed by filling out a form. Review of the form for a non-ChemID claim requires 0.25 hours per report. Paper submissions are sent to the Agency as a letter. As submission via letter can contain additional information that must be reviewed, the review of a paper-based submission with a non-ChemID claim requires 0.75 hours per report.  It is expected to take 1.25 hours per report to review CBI claim substantiation that includes a ChemID claim. The estimated Agency burden to review CBI claim substantiation takes into account the expectation that each firm will submit 24 reports per year and that approximately one percent of submissions will include ChemID claims and approximately eight percent of reports submitted will include non-ChemID claims.
TABLE 7: AGENCY CBI SUBSTANTIATION REVIEW BURDEN PER REPORT
Type of Claim
Agency Burden per Report

Paper-based Reporting (hours)
E-reporting (hours)
ChemID
1.25
1.25
Non-ChemID
0.75
0.25

Table 7 displays the Agency burden associated with reviewing ChemID and non-ChemID claims in both the paper-based and reporting cases, which are used to calculate the average burden per report. The Agency burden associated with reviewing CBI claim substantiation for a paper-based report is estimated by:
						        ChemID	        Non-ChemID
						         Element		Element
Review ofCBI Substantiation Burden=0.01  x  1.25 + 0.08  x 0.75=0.07 hours.
per paper-based report
The Agency burden associated with reviewing CBI claim substantiation for an electronically submitted report is estimated by:
					       	        ChemID	        Non-ChemID
						         Element		Element
Review ofCBI Substantiation Burden =0.01  x  1.25 + 0.08  x 0.25=0.03 hours.
            per electronically submitted report
Therefore, given an expected e-reporting rate of 63 percent, the average Agency burden per report associated with reviewing CBI claim substantiation is estimated by:
 						Paper-based	               Electronic
 			 			Submissions	             Submissions
Review ofCBI Substantiation Burden=   0.37 0.07       +        0.630.03    =0.04 hours.     (per report)

TABLE 8: AGENCY ACTIVITIES, ANNUAL BURDEN AND COST (2018$)
Agency Activity
Unit Burden
Count
Burden Hours
Cost

Labor
Non-labor
Receiving and Processing Incoming Notices
0.01 hour per notice processing rate
4,743
47.43
$4,087
-
Mailing Notifications to Importing Countries
0.50 hour per letter mailed
91
45.5
$3,920
-

$17.50 Mailing cost per notification1
91
N/A
-
$1,593
Responding to Requests for Information and Clarification from Firms
N/A
560 hours of staff time per year
560.0
$48,250
-
Review of CBI Claim Substantiation
0.04 hour per notice reviewing rate
4,743
190
$16,346
-
Total Burden and Cost
843 hours
$74,195
Values may not sum due to rounding.
[1]Mailing cost estimate includes:  $14.20 (average of $12.40 and $16.00) for registered mail, $2.75 for a return receipt and $0.55 for postage (U.S. Postal Service (2018)).

   Explain the reasons for any program changes or adjustments reported in hour or cost burden.
This ICR renewal's estimate reflects a decrease of 1,100 hours from 4,032 to 2,932 hours. This is a net change with a large decrease in burden due to e-reporting and a small increase in burden due to a greater number of submissions (decrease in number of firms responding, but increase in number of reports per firm), CBI substantiation, and an administrative adjustment (+7 hours). Based on 63 percent of exporters reporting electronically, there is a decrease in burden of approximately 813 hours relative to the case in which all submissions were paper-based.
   For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
Not applicable.
   If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.
Not applicable.
   Explain each exception to the certification statement identified in "Certification for Paperwork Reduction Act Submissions."
EPA does not request an exception to the certification of this information collection.
Supplemental Information
 The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0030, is estimated to have a per-response burden of 0.62 hours per notice, and an average per-respondent burden of 14.82 hours per firm (at 24 notices per firm).
 Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OPPT-2015-0435, which is available for online viewing at www.regulations.gov, or in person viewing at the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OPPT-2015-0435 and OMB Control Number 2070-0030 in any correspondence.
List of Attachments
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2015-0345.
Ref.
Title
1.
Statutory Authority
2.
Implementing Regulation
3.
PRA Consultation Document
4.
EPA Response to Public Comment
5.
Public Comment
6.
Electronic Reporting Guide  -  Draft of OPPT TSCA Section 12(b) Export Notification Applications User Guide  -  Primary Authorized Official

References
Rice, C. (2002). Wage Rates for Economic Analysis of the Toxic Release Inventory
      Program. Washington, D.C.: U.S. EPA, Office of Pollution Prevention and Toxics, Economics and Policy Analysis Branch.

U.S. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation (ECEC) Supplemental Tables: December 2006 to March 2019, US Bureau of Labor Statistics, September 17, 2019.

U.S EPA. (2006). Final Economic Analysis of the Amendments to TSCA Section 12(b)
      Export Notification Requirements. Washington, D.C.: Office of Pollution Prevention and Toxics, Economics and Policy Analysis Branch.

U.S. EPA, (2009). ICR Handbook EPA's Guide to Writing Information Collection Requests under the Paperwork Reduction Act of 1995. Revised 10/2009 Washington, D.C.: U.S. EPA, Office of Environmental Information.

U.S. EPA. (2017). Burden and Cost Report for the Final Rule: TSCA Inventory
      Notification Requirements. Docket Number EPA-HQ-OPPT-2016-0426 (August 11, 2017).

U.S. EPA. (2019). Economic Analysis for the Proposed Rule: Procedures for Review of
      CBI Claims for the Identity of Chemicals on the TSCA Inventory (April 2, 2019).

U.S. Office of Personnel Management. (2018). Salary Table 2018- DCB, Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV. Retrieved September 18, 2019 from Pay & Leave: Salaries & Wages: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2018/DCB.pdf.

U.S. Postal Service (2018). Price List. Notice 123. Retrieved September 17, 2019	from:https://pe.usps.com/Archive/PDF/DMMArchive20181105/Notice123.pdf.


[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Pages 58376-58377]
[FR Doc No: 2013-23143]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 American Asset Development, Inc., aVinci Media Corp., Ceragenix
Pharmaceuticals, Inc., Marshall Holdings International, Inc., MedCom
USA, Incorporated, and Millenium Holding Group, Inc., Order of
Suspension of Trading

September 19, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
American Asset Development, Inc. because it has not filed any periodic
reports since the period ended December 31, 2009.
    It appears to the Securities and Exchange Commission that there is
a

lack of current and accurate information concerning the securities of
aVinci Media Corp. because it has not filed any periodic reports since
the period ended September 30, 2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Ceragenix Pharmaceuticals, Inc. because it has not filed any periodic
reports since the period ended December 31, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Marshall Holdings International, Inc. because it has not filed any
periodic reports since the period ended September 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
MedCom USA, Incorporated because it has not filed any periodic reports
since the period ended December 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Millenium Holding Group, Inc. because it has not filed any periodic
reports since the period ended December 31, 2006.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on September 19, 2013, through 11:59
p.m. EDT on October 2, 2013.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-23143 Filed 9-19-13; 4:15 pm]
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[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Notices]
[Page 1751-1752]
[DOCID:fr13ja09-110]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on October 24, 2008, vol. 73, no. 207, page
63540. The respondents to this information collection are FAR Part 135
and Part 121 operators. The FAA will use the information to ensure
compliance and adherence to the regulations.

DATES: Please submit comments by February 12, 2009.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Part 65, Certification: Airmen Other Than Flight
Crewmembers, Subpart C, Aircraft Dispatchers and App. A Aircraft
Dispatcher Courses.

    Type of Request: Extension without change of a currently approved
collection.
    OMB Control Number: 2120-0648.
    Forms(s) There are no FAA forms associated with this collection.
    Affected Public: An estimated 36 Respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden Per Response: Approximately 57 hours per
response.
    Estimated Annual Burden Hours: An estimated 4,679 hours annually.
    Abstract: The respondents to this information collection are FAR
Part 135 and Part 121 operators. The FAA will use the information to
ensure compliance and adherence to the regulations.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on Jan. 5, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-341 Filed 1-12-09; 8:45 am]

BILLING CODE 4910-13-M