            Supporting Statement for a Request for OMB Review under
                          The Paperwork Reduction Act

1	IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)  	Title and Number of the Information Collection

   	TITLE: 	Asbestos-Containing Materials in Schools and Asbestos Model Accreditation Plans

	EPA ICR No.: 1365.10	OMB Control No.: 2070-0091

	1(b) 	Short Characterization

	This Information Collection Request (ICR) addresses reporting and recordkeeping requirements found in the Asbestos-Containing Materials in Schools Rule ("AHERA Rule" a.k.a. "Schools Rule") and the Asbestos Model Accreditation Plan (MAP) Rule.

	AHERA Rule:  Section 203 of the Asbestos Hazard Emergency Response Act (AHERA, 15 U.S.C. 2641-2656) (see Attachment A), authorizes the EPA administrator to promulgate regulations "for determining whether asbestos-containing material is present in a school building under the authority of a local education agency (LEA)." Accordingly, the Agency developed regulations in 40 CFR part 763, subpart E to require LEAs to conduct inspections, develop management plans, and design or conduct response actions. Records must be maintained by all LEAs on inspections and response action activity, and current management plans must be provided upon request to EPA and state reviewers for examination.

	MAP Rule:  Section 206 of AHERA, as amended (see Attachment B), authorized the EPA Administrator, in consultation with affected organizations, to develop a model accreditation plan for states. The Model Accreditation Plan provides accreditation criteria for persons who inspect for asbestos, develop management plans, and design or conduct response actions. States are required to adopt an accreditation plan at least as stringent as the EPA model plan. The accreditation requirements apply to persons who work in public and commercial buildings as well as schools. Accreditation of laboratories that analyze asbestos bulk samples and asbestos air samples is also required by AHERA.

	This ICR estimates the paperwork burden for LEAs to inspect for asbestos and update management plans to protect all school building occupants from exposure to asbestos. This collection also estimates the paperwork burden for the accreditation of persons who inspect for asbestos, develop management plans, and design or conduct response actions and the paperwork burden associated with state accreditation programs.

2	NEED FOR AND USE OF THE COLLECTION

	2(a) 	Need/Authority for the Collection

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

	2(b) 	Use/Users of the Data

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

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

3	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a) 	Non-Duplication

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

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

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

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

	3(c) 	Consultations

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

	3(d) 	Effects of Less Frequent Collection

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

	MAP Rule:  The revised MAP has no routine or repetitive reporting requirements. A less frequent collection schedule is not feasible. Recordkeeping requirements are tied directly to training courses and the issuance of accreditation certificates to students successfully completing those courses and passing the requisite exams. If training providers are inactive and not offering courses, no new record generation is required of them.

	3(e) 	General Guidelines

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

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

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

	MAP Rule:  There are no exceptions to note.

	3(f) 	Confidentiality and Sensitive Questions

	This information collection request does not include confidential or sensitive questions.

4	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a) 	Respondents/NAICS Codes

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

      4(b) 	Information Requested

	(i)  Data Items

	AHERA Rule:  No specific data collection instrument is used to collect information for this activity.

      (ii)  Respondent Activities

      The AHERA and MAP programs are both over a decade old and the program start-up activities and federal, state, and local coordination are now well established. Many of the initial paperwork burdens for the program are no longer part of the burden assessment. Currently, 39 states are operating state accreditation programs under the MAP and 12 states have received a waiver to some or all of the AHERA program requirements. The activities currently conducted by LEAs (inspections, record keeping for management plans), state accreditation and training providers (records retention), are the burden activities documented in this ICR.

      Local Education Agencies (LEAs):

      Reporting Activities:  LEAs must submit management plans to the states for review of school buildings that have come into operation after October 12, 1988 and maintain the required recordkeeping. LEAs subject to the reporting and recordkeeping requirements under the AHERA Rule may be divided into two main categories: 1) those only subject to a management plan and 2) those associated with both a management plan and operations and maintenance (O&M) activities.

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

         * Development and submission of the management plan; and
         * Implementation of the management plan including:
               o Time spent by the program manager to do additional activity planning, create and gather new information, prepare written activity reports, and record and review that information;
               o Time spent by custodians and clerical personnel to gather, record, process and store asbestos-related information; and
               o Annual notification of parents and other interested parties of the presence of ACBM in a school, as well as the availability of the management plan for public review.

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

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

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

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

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

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

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

      State Accreditation Programs:

	The AHERA Rule provides a procedure to allow states to receive a waiver from some or all of the requirements of the rule if the state has established and is implementing, or intends to implement a program of asbestos inspection and management at least as stringent as the requirements of the rule. The rule requires specific information to be included in the waiver request submitted to EPA. To date, 12 states have been granted this waiver under the AHERA Rule.

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

      -  read the federal regulation (40 CFR part 763, subpart E);
      -  compare state program authority and the minimum requirements of the federal regulation;
      -  develop state legislative analysis and adopt new legislation;
      -  develop state regulatory analysis and promulgate a new state regulation;
      -  prepare and submit to EPA an application for program approval; and
      -  implement a state accreditation program that is not less stringent than the federal regulation.

      Training Providers:

      The MAP details the training and accreditation programs used to train persons to perform asbestos-related tasks. Specifically, the MAP shall be used as a tool to accredit persons who:

      - conduct inspections or reinspections for ACBM;
      - prepare and/or update management plans for elementary and secondary schools; and
      - design or carry out response actions with respect to ACBM in those schools.

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

      -  read the regulation;
      -  make any required changes to training programs;
      -  retain records/materials (usual business practice); and
      -  provide reasonable access to records to EPA and/or the state, as requested.

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

      5(a) 	Agency Activities

	AHERA Rule and MAP Rule include the following:

	-	Distribute guidance to LEAs, state designees, and others on interpretation of AHERA;
	-	Audit training provider courses and records for compliance monitoring purposes;
	-	Review state program applications packages for approval/reapproval as they are received;
	-	Revise model criteria as appropriate and develop new curricula for new training disciplines as required;
      -	Provide technical assistance to LEAs and public on implementation and compliance with AHERA.

	5(b) 	Collection Methodology and Management

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

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

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

	5(c) 	Small Entity Flexibility

	The impact of the AHERA and MAP rules primarily affects small asbestos abatement contracting firms or accredited consultants, and training providers that qualify for "small business" status. Small business training providers have a one-time only application process for training course approvals by MAP-approved states that allows for flexibility in the way information is prepared and presented.

      A small business abatement contractor is required to keep and maintain records on the accreditation status of supervisors and abatement workers. Accreditation records are also kept and maintained by consultants, such as inspectors, management planners, and project designers.  An advantage accruing from having those records is that of obtaining and retaining eligibility to qualify for work in asbestos control and abatement in schools and public and commercial buildings.

	5(d) 	Collection Schedule

	AHERA Rule:  Not applicable.

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

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

6	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

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

      6(a) 	Estimating Respondent Burden

      Estimated Burden for Local Education Agencies:

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

      The average estimated number of schools of each type in the three years of this ICR renewal period (years 26 through 28 of the implementation period) is used with the unit burden estimates to derive an annual burden estimate. This ICR renewal follows the same methods of estimating numbers of schools with friable and nonfriable asbestos as the previous ICR renewal.

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

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

Worksheet 1: Annual Respondent Burden per Local Education Agency (Hours)
                             Burden Hour Elements
                                  School Type

                           Public Primary or Private
                             Public     Secondary
              Schools With Friable Asbestos-Containing Materials
                           Implement Management Plan
Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                      10
                                      15
Custodial - Gather, record, process and store information
                                       4
                                       8
Clerical - Gather, record, process and store information
                                      16
                                      30
Total Management Plan
                                      30
                                      53

              Implement Operations and Maintenance (O&M) Plan
Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                       2
                                       2
Custodial - Gather, record, process and store information
                                       1
                                       1
Clerical - Gather, record, process and store information
                                       2
                                       2
Total O&M Plan
                                       5
                                       5
Total recordkeeping burden per school with Friable ACM
                                      35
                                      58

          Schools With Nonfriable Asbestos-Containing Materials Only
                           Implement Management Plan
Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                       5
                                       8
Custodial - Gather, record, process and store information
                                       4
                                       8
Clerical - Gather, record, process and store information
                                       6
                                      12
Total recordkeeping burden per school with Nonfriable ACM
                                      15
                                      28
Source:  EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: "Second Year Implementation Costs." Nonfriable ACM does not require an O&M Plan.

      Estimated Burden for States:

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

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

Worksheet 2: Annual Respondent Burden per State or Territory (Hours)
                             Burden Hour Elements
                                Labor Category
                                  Total Hours

Management
Technical
Clerical

Annual activities

Implement a state accreditation program that is not less stringent than the regulation
                                      8.0
                                     23.0
                                     109.0
                                     140.0
Total annual activities
                                      8.0
                                     23.0
                                     109.0
                                     140.0
Source: EPA.1993. Supplemental ICR for the Asbestos-Containing Materials in Schools Rule. (EPA ICR #1365).

      Estimated Burden for Training Providers:

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

Worksheet 3: Annual Respondent Burden per Training Provider (Hours)
                             Burden Hour Elements
                                Labor Category
                                   Freq/Year
                                  Total Hours

                                   Clerical

Annual activities

1.  Retain records
                                      N/A
                                      N/A
                                      N/A
2.  Provide reasonable access to records to EPA or state
                                      0.5
                                      11
                                      5.5
Total annual activities
                                      0.5
                                      11
                                      5.5

      6(b) 	Estimating Respondent Costs

      The cost estimates addressed in this section are based on the burden estimates discussed above and additional non-wage costs discussed below. Wage rates (including benefits) have been updated from the values in the AHERA Regulatory Impact Analysis (RIA) (EPA, 1987a), the Supplemental ICR for the Asbestos-Containing Materials in Schools Rule (EPA, 1993), and the previous ICR (EPA, 2011), to reflect the most recently available estimates.

      Estimated Burden Costs for Local Education Agencies:

      The implementation cost to LEAs of the AHERA Rule includes the wages associated with the burden estimates in Section 6(a). Labor costs were updated using mean hourly wage rates from the Bureau of Labor Statistics' National Occupational Employment and Wage Estimates (BLS, 2013) for the most appropriate Standard Occupational Classification (SOC).

   * The school asbestos program manager, custodian, and clerical staff hourly wages were $32.67, $12.34, and $16.54 for May 2012, the most recent occupational wage data available. They are based on the mean hourly wages for Occupational Health and Safety Specialists and Technicians (SOC 29-9011), Building and Grounds Cleaning and Maintenance Occupations (SOC 37-0000), and Office and Administrative Support Occupations (SOC 43-0000), respectively.

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

      *       The updated estimated total hourly compensation cost for school asbestos program manager, custodian, and clerical staff are $49.56, $18.72, and $25.09, respectively.

      These values were used in Worksheet 4 to calculate current recordkeeping and reporting costs to schools with friable and/or nonfriable ACM, as shown below. In addition, schools are required to provide annual notification to parents and other interested parties of the presence of ACM, as well as the availability of the management plan for public review. The AHERA RIA estimated the annual notification cost to be $56 per school (EPA, 1987a). This figure was updated to $102 in 2013 dollars using the implicit price deflator for the Gross Domestic Product (GDP) (Dept. of Commerce, 2013).

      Worksheet 4 indicates that the annual reporting costs for schools range from $576 for public primary schools or private schools with only nonfriable ACM to $1,916 for public secondary schools with friable ACM.

Worksheet 4: Annual Cost per Local Education Agency (2013 $)
                                  Activities

                                  School Type

                           Total Hourly Compensation
                          Public Primary and Private
                               Public Secondary
Schools With Friable Asbestos-Containing Materials
Implement Management Plan

Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                    $49.56
                                     $496
                                     $743
Custodial - Gather, record, process and store information
                                    $18.72
                                      $75
                                     $150
Clerical - Gather, record, process and store information
                                    $25.09
                                     $401
                                     $753
                             Total Management Plan
                                     $972
                                    $1,646

Implement Operations and Maintenance (O&M) Plan

Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                    $49.56
                                      $99
                                      $99
Custodial - Gather, record, process and store information
                                    $18.72
                                      $19
                                      $19
Clerical - Gather, record, process and store information
                                    $25.09
                                      $50
                                      $50
                              Total O&M Plan
                                     $168
                                     $168

Management Plan Costs
                                     $972
                                    $1,646
O & M Plan Costs
                                     $168
                                     $168
Notification Costs
                                     $102
                                     $102
                        Total Estimated Cost per School
                                    $1,242
                                    $1,916

Schools With Nonfriable Asbestos-Containing Materials Only
Implement Management Plan

Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                    $49.56
                                     $248
                                     $396
Custodial - Gather, record, process and store information
                                    $18.72
                                      $75
                                     $150
Clerical - Gather, record, process and store information
                                    $25.09
                                     $151
                                     $301
Notification Costs
                                     $102
                                     $102
                        Total Estimated Cost per School
                                     $576
                                     $949
Source:  EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: "Second Year Implementation Costs."  Nonfriable ACM does not require O&M.

      Estimated Burden Costs for States:

      As discussed in Section 6(a), states have no additional costs associated with the AHERA Rule. Under the MAP Rule, state accreditation programs are required at least to meet the standards of the revised MAP. The burden estimates associated with the MAP Rule are given in Section 6(a). No additional costs for materials were given in the Supplemental ICR for the Asbestos-Containing Materials in Schools Rule (ICR #1365) (EPA, 1993). Worksheet 5 shows the estimated annual cost of state compliance with the MAP Rule is $4,526.

      Wage rates were updated using mean hourly wage rates from the Bureau of Labor Statistics' National Occupational Employment and Wage Estimates (BLS, 2013) for the most appropriate SOC.

      *       The state managerial, technical, and clerical staff hourly wages for May 2012, the most recent available data, were $52.20, $33.16, and $16.54, based on the mean hourly wages for Management Occupations (SOC 11-0000), Environmental Scientists and Specialists, Including Health (SOC 19-2041), and Office and Administrative Support Occupations (SOC 43-0000), respectively.

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

      *       The updated estimated total hourly compensation cost for state managerial, technical, and clerical staff are $79.19, $50.30, and $25.09, respectively.

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

Worksheet 5: Annual Cost per State/Territory (2013 $)

                               Labor Categories

                                  Activities
                                  Management
                                   Technical
                                   Clerical
                                     Total

                                  $79.19/hour
                                  $50.30/hour
                                  $25.09/hour

Implement a state accreditation program that is not less stringent than the regulation
                                     $634

                                    $1,157
                                    $2,735

Estimated Cost per State/Territory
                                     $634
                                    $1,157
                                    $2,735
                                    $4,526

      Estimated Burden Costs for Training Providers:

      The reporting and recordkeeping burden under the MAP Rule for asbestos training providers is described in Section 6(a). Providing access to records is expected to take 5.5 hours per year per training provider, and to be done by clerical staff. Wage rates were updated using mean hourly wage rates from the Bureau of Labor Statistics' National Occupational Employment and Wage Estimates (BLS, 2013) for the most appropriate SOC.

         *       The training provider clerical staff hourly wage for May 2012, the most recent available data, was $16.48 based on the mean hourly wage for Office and Administrative Support Occupations (SOC 43-0000).

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

         *       The updated estimated total hourly compensation cost for training provider clerical staff is $21.92.

      In addition, training providers are expected to incur materials costs associated with the annual recordkeeping requirements of the MAP Rule. Those costs were estimated to be $436 in the MAP Rule (EPA, 1993). This figure was updated to $654 in 2013 dollars using the implicit price deflator for the Gross Domestic Product (GDP) (Dept. of Commerce, 2013).

      Worksheet 6 shows the estimated annual cost of training provider compliance with the MAP Rule is $775 per training provider.

Worksheet 6: Annual Cost per Training Provider (2013 $)
                                  Activities
                                Labor Category
                                  Frequency/
                                     Year
                                     Total

                                   Clerical

                                  $21.92/hour

1.  Retain records
                                      N/A
                                      N/A
                                     $654
2.  Provide reasonable access to records to EPA or State
                                $10.96/0.5 hour
                                      11
                                     $121
Estimated Cost per Provider
                                $10.96/0.5 hour
                                      11
                                     $775

      6(c) 	Estimating Agency Burden and Cost

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

      Estimated Burden for EPA:

 	Due to the elimination of funding for this program, current guidance states that the Agency will no longer dedicate any resources to managing the MAP Rule or the AHERA Rule. For the same reason, the Agency is uncertain about the level of any enforcement or compliance assistance activities under this program. The Agency expects to incur no more than 400 inspections taking about one hour each for a maximum burden of 400 hours.

      Estimated Burden Costs for EPA:

      Consistent with previous ICRs, technical tasks are expected to be completed by staff at the GS-13 level. The 2013 GS-13 level, step 5 hourly salary for the Washington D.C. region is $48.35 (OPM, 2013). Using the standard 60 percent loading factor for EPA personnel, this gives a total hourly compensation cost of $77.36.

      Estimates incorporating this hourly compensation rates and the burden estimate of 400 hours per year results in a total annual cost of $30,944.

      6(d) 	Bottom Line Burden Hours and Costs

      The number of school respondents in this ICR renewal is based on the average number of affected schools of each type for years 26 through 28 of program implementation, which is an extension of the method used in the previous ICR.  The total number of public and private schools has been updated and is based on 2009-2010 data obtained from the U.S. Department of Education's National Center for Education Statistics (Dept of Education, 2012).

      EPA is no longer maintaining the National Directory of AHERA Accredited Courses, and does not have access to a current count of training providers. According to 2009 data, there were 1,268 accredited training providers (EPA, 2009). For this analysis the Agency assumes that this is a reasonable estimate of the current number. Based on the unit burden estimates from Section 6(a) and the unit cost estimates from Section 6(b), annual recordkeeping burden for all training providers is estimated to be 6,974 hours and the estimated annual cost is $982,700.

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

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

      (i) The respondent tally

Average Annual Respondent Aggregation Table

                              Number of Entities
                                  Unit Burden
                                 Total Burden
                                     Hours
                                   Unit Cost
                                  Total Cost
Local Education Agencies

Schools with Friable ACM

Public Primary
                                                                          1,987
                                                                             35
                                                                         69,557
                                                                         $1,242
                                                                     $2,468,268
Public Secondary
                                                                          1,171
                                                                             58
                                                                         67,937
                                                                         $1,916
                                                                     $2,244,275
Private
                                                                          1,002
                                                                             35
                                                                         35,070
                                                                         $1,242
                                                                     $1,244,484
Schools with Nonfriable ACM

Public Primary
                                                                         66,449
                                                                             15
                                                                        996,730
                                                                           $576
                                                                    $38,274,432
Public Secondary
                                                                         29,210
                                                                             28
                                                                        817,871
                                                                           $949
                                                                    $27,719,974
Private
                                                                         32,364
                                                                             15
                                                                        485,460
                                                                           $576
                                                                    $18,641,664
Subtotal for LEAs
                                                                        132,183

                                                                      2,472,625

                                                                    $90,593,097
Training Providers
                                                                          1,268
                                                                            5.5
                                                                          6,974
                                                                           $775
                                                                       $982,700
States/Territories
                                                                             56
                                                                            140
                                                                          7,840
                                                                         $4,526
                                                                       $253,456
Total
                                                                        133,507

                                                                      2,487,439

                                                                    $91,829,253
Note: Totals in above table may not sum due to rounding.

      (ii) The Agency tally

Average Annual Agency Aggregation Table

                             Number of Activities
                                  Unit Burden
                                 Total Burden
                                   Unit Cost
                                  Total Cost
Total
                                      400
                                       1
                                      400
                                                                            $77
                                                                        $30,944
Note: Totals in above table may not sum due to rounding.

      6(e) 	Reasons For Change in Burden

      This ICR reflects a decrease of 105,449 hours (from 2,592,888 hours to 2,487,439 hours) in the total estimated respondent burden from that currently in the OMB inventory. The total burden estimate has decreased since the most recently approved renewal of this ICR because the numbers of schools with friable ACM have declined. The overall number of schools has declined slightly as well. The total annual burden for this information collection is currently estimated to be 2,487,439 hours per year. This is a 4.1 percent decrease from the annual burden of 2,592,888 hours in the most recently approved clearance of this information collection request. Most of this decrease is associated with the decrease in the number of schools with friable ACM.

                         Changes in Respondent Burden
                                Respondent Type
                             Burden Hour Estimates
                                Percent Change

                                   Previous
                                    Current
                                  Difference

Local Education Agencies
                                                                      2,578,074
                                                                      2,472,625
                                                                       -105,449
                                                                        - 4.1 %
Training Providers
                                                                          6,974
                                                                          6,974
                                                                              0
                                                                            0 %
States/Territories
                                                                          7,840
                                                                          7,840
                                                                              0
                                                                            0 %
Total
                                                                      2,592,888
                                                                      2,487,439
                                                                       -105,449
                                                                        - 4.1 %

      6(f)  	Burden Statement

      The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0091, is estimated to be 20.15 hours per response for schools, 140 hours per response for states, and 5.5 hours per response for training providers. Burden is defined in 5CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appears above. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

      The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPPT-2012-0916, which is available for online viewing at www.regulations.gov, or in-person viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC).  The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., N.W., Washington, DC.  The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number for the Pollution Prevention and Toxics Docket is<PHONE_NUMBER>.

      You may submit comments regarding 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. Submit your comments, referencing Docket ID No. EPA-HQ- OPPT-2012-0916 and OMB Control No. 2070-0091, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, N.W., Washington, DC 20503.

LIST OF REFERENCES CITED IN THIS SUPPORTING STATEMENT

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

U.S. Bureau of Labor Statistics. 2013. Occupational Employment Statistics: May 2012 National Industry-Specific Occupational Employment and Wage Estimates. Accessed 5/16/2013. http://www.bls.gov/oes/

U.S. Department of Commerce. 2013. Bureau of Economic Analysis. Gross Domestic Product:
Implicit Price Deflator. Accessed through the Saint Louis Federal Reserve Bank at http://research.stlouisfed.org/fred2/series/GDPDEF/. Series ID GDPDEF, Gross Domestic Product Implicit Price Deflator.  Index 2005=100.

U.S. Department of Education. June 2012. National Center for Education Statistics. Digest of Education Statistics: 2011. Table 91: Number of public school districts and public and private elementary and secondary schools. Web site: http://nces.ed.gov/programs/digest/d11/

U.S. EPA. 1987a. Office of Toxic Substances, Economics and Technology Division. Asbestos
Hazard Emergency Response Act Regulatory Impact Analysis. September, 1987.

U.S. EPA. 1987b. Office of Pesticides and Toxic Substances. Addendum to ICR #2070-0091,
Asbestos-In-Schools Rule. October, 1987.

U.S. EPA. 2011. Renewal ICR for the Asbestos-Containing Materials in Schools and Asbestos Model Accreditation Plans Rules. OMB No. 2070-0091. EPA ICR #1365.

U.S. EPA. 2009. Office of Pollution Prevention and Toxics. National Directory of AHERA Accredited Courses, Active Training Provider List. June 2009.

U.S. Office of Personnel Management. 2013. Salary Table 2013-DCB. Web Site: http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2013/general-schedule/

LIST OF ATTACHMENTS TO THIS SUPPORTING STATEMENT

	Attachments to the supporting statement are available in the public docket established for this ICR under docket identification number EPA-HQ-OPPT-2012-0916. These attachments are available for online viewing at http://www.regulations.gov or otherwise accessed as described in the section below.

Attachment A - Asbestos Hazard Emergency Response Act, Section 203 (15 U.S.C. §2643) also accessible at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15/html/USCODE-2009-title15-chap53-subchapII.htm

Attachment B - Asbestos Hazard Emergency Response Act, Section 206 (15 U.S.C. §2646) also accessible at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15/html/USCODE-2009-title15-chap53-subchapII.htm

Attachment C - Asbestos-Containing Materials in Schools Rule (40 CFR 763, Subpart E) also accessible at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr763_main_02.tpl

Attachment D - Model Accreditation Plan (40 CFR 763, Subpart E, Appendix C) also accessible at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr763_main_02.tpl

Attachment E - Worksheet A-1: Annual Recordkeeping Burden, by School Type and Asbestos Type and Worksheet A-2 Annual Recordkeeping Cost, by School Type and Asbestos


[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60396-60397]
[FR Doc No: 2016-21026]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-32239]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

August 26, 2016.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
August 2016. A copy of each 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>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on September 20, 2016, 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: The Commission: Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Hae-Sung Lee, Attorney-Adviser, at
(202) 551-7345 or Chief Counsel's Office at<PHONE_NUMBER>; SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE., Washington, DC 20549-8010.

American Funds Tax-Exempt Series I [File No. 811-04653]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has transferred its assets to Tax-
Exempt Bond Fund of America and, on June 17, 2016, made a final
distribution to its shareholders based on net asset value. Expenses of
$161,000 incurred in connection with the reorganization were paid by
applicant's investment adviser.
    Filing Date: The application was filed on June 20, 2016.
    Applicant's Address: 6455 Irvine Center Drive, Irvine, California
92618.

Newmark Risk-Managed Opportunistic Fund [File No. 811-08993]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 31, 2015, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $350 incurred in connection with the liquidation were paid
by applicant's investment adviser.
    Filing Date: The application was filed on June 21, 2016.
    Applicant's Address: 2806 Flintrock Trace, Suite A204, Austin,
Texas 78738.

Berwyn Funds [File No. 811-04963]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has transferred its assets to
Investment Managers Series Trust and, on April 29, 2016, made a final
distribution to its shareholders based on net asset value. Expenses of
$780,729 incurred in connection with the reorganization were paid by
applicant's investment adviser.
    Filing Date: The application was filed on July 27, 2016.
    Applicant's Address: c/o Chartwell Investment Partners, LLC, 1189
Lancaster Avenue, Berwyn, Pennsylvania 19312.

Paramount Institutional Access Fund [File No. 811-22580]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on July 28, 2016, and
amended on August 19, 2016.
    Applicant's Address: c/o Paramount Access Advisors, LLC, Millennium
Tower, Suite 1200, 15455 N. Dallas Pkwy, Addison, Texas 75001.

Paramount Access Fund [File No. 811-22579]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on July 28, 2016.
    Applicant's Address: c/o Paramount Access Advisors, LLC, Millennium
Tower, Suite 1200, 15455 N. Dallas Pkwy, Addison, Texas 75001.

Dreyfus Municipal Money Market Fund, Inc. [File No. 811-02946]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has transferred its assets to
General Municipal Money Market Fund and, on November 13, 2015, made a
final distribution to its shareholders based on net asset value.
Expenses of $169,000 incurred in connection with the reorganization
were paid by applicant's investment adviser.

    Filing Dates: The application was filed on July 26, 2016, and
amended on August 4, 2016 and August 19, 2016.
    Applicant's Address: 200 Park Avenue, New York, New York 10166.

Philadelphia Investment Partners New Generation Fund [File No. 811-
22395]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 30, 2016, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $750 incurred in connection with the liquidation were paid
by applicant's investment adviser.
    Filing Date: The application was filed on August 5, 2016.
    Applicant's Address: 1233 Haddonfield--Berlin Road, Suite #7,
Voorhees, New Jersey 08043.

Bluepoint Investment Series Trust [File No. 811-22723]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 5, 2016, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $4,500 incurred in connection with the liquidation were
paid by applicant.
    Filing Date: The application was filed on August 5, 2016.
    Applicant's Address: 350 Madison Avenue, 9th Floor, New York, NY
10017.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2016-21026 Filed 8-31-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20070-20071]
[FR Doc No: 2011-8534]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation Safety Approval Performance
Criteria

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notification of criteria used to evaluate the National
Aerospace Training and Research (NASTAR) Center safety approval
application.

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SUMMARY: NASTAR was issued a safety approval, subject to the provisions
of Title 51 U.S.C. subtitle V, chapter 509, and the orders, rules and
regulations issued under it. Pursuant to 14 CFR 414.35, this Notice
publishes the criteria that were used to evaluate the safety approval
application.
    Background: NASTAR applied for, and received, a safety approval for
the ability of its Space Training System: Model 400 (STS-400) to
replicate G levels. The performance criteria for this safety approval
are applicant developed per 14 CFR 414.19 (a)(4). NASTAR's

STS-400 suborbital space flight simulator (a multi-axis centrifuge) is
capable of replicating the G forces associated with suborbital space
flight within the following parameters:
    --Manned flight profiles up to 12 Gz and 8 Gx, with an onset rate
up to +/- 8 G/Sec and an accuracy in Gz and Gx axis of +/- 0.1 G.
    Criteria Used to Evaluate Safety Approval Application: The STS-400
was evaluated by the FAA as a component of a flight crew training
process. The evaluation included the FAA's assessment of the STS-400's
ability to accurately replicate the specified G levels.
    NASTAR submitted the following data to show that the STS-400
complies with the criteria:
    --Acceptance Test Plan.
    --Launch and reentry profiles demonstrations, and
    --G level accelerometer and tachometer test results.

FOR FURTHER INFORMATION CONTACT:  For questions about the performance
criteria, you may contact Sherman Council, Licensing and Evaluation
Division (AST-200), FAA Office of Commercial Space Transportation
(AST), 800 Independence Avenue SW., Room 331, Washington, DC 20591,
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
    Issued in Washington, DC, April 4, 2011.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2011-8534 Filed 4-8-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Notices]
[Pages 21494-21496]
[FR Doc No: 2014-08585]

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

[Release No. 34-71927; File No. SR-FINRA-2013-039]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Granting Approval of a Proposed Rule Change, as
Modified by Amendment No. 1, To Clarify How Certain Securities Are
Classified and Reported to FINRA

April 10, 2014.

I. Introduction

    On September 16, 2013, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to clarify how certain securities are classified
and reported to FINRA. The proposed rule change was published for
comment in the Federal Register on September 30, 2013.\3\ The
Commission received two comments on the Original Proposal.\4\ On
November 12, 2013, FINRA granted the Commission an extension of time to
act on the proposal until December 29, 2013.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 70482 (September 23,
2013), 78 FR 59995 (September 30, 2013) (``Original Proposal'').
    \4\ See Letters to the Commission from Sean Davy, Managing
Director, Capital Markets, SIFMA, dated October 21, 2013 (``SIFMA
Letter''); and Manisha Kimmel, Executive Director, Financial
Information Forum, dated October 31, 2013 (``FIF Letter'').
---------------------------------------------------------------------------

    On December 24, 2013, the Commission instituted proceedings to
determine whether to disapprove the proposed rule change.\5\ On
February 12, 2014, FINRA submitted Amendment No. 1 to respond to the
comments and amend the proposed rule change, which the Commission
published for comment in the Federal Register on March 5, 2014.\6\ In
response to the Order Instituting Proceedings and the Notice of
Amendment No. 1, the Commission received one additional comment letter
on the proposal.\7\ On March 27, 2014, the Commission extended to May
28, 2014, the period for Commission action to determine whether to
disapprove the proposed rule change, as modified by Amendment No. 1.\8\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 71180 (December 24,
2013), 78 FR 79716 (December 31, 2013) (``Order Instituting
Proceedings'').
    \6\ See Securities Exchange Act Release No. 71629 (February 27,
2014), 79 FR 12541 (March 5, 2014) (``Notice of Amendment No. 1'').
    \7\ See Letter to the Commission from Sean Davy, Managing
Director, Capital Markets, SIFMA, dated March 14, 2014 (``SIFMA
Letter II'').
    \8\ See Securities Exchange Act Release No. 71819 (March 27,
2014), 79 FR 18591 (April 2, 2014).
---------------------------------------------------------------------------

    This order approves the proposed rule change, as modified by
Amendment No. 1.

II. Description of the Original Proposal

    FINRA's rules generally require that members report over-the-
counter (``OTC'') transactions in eligible debt and equity securities
to a trade reporting system operated by FINRA. FINRA Rule 6622 requires
that members report transactions in OTC Equity Securities \9\ to the
OTC Reporting Facility (``ORF''), and the Rule 6700 Series requires
members to report transactions in

TRACE-Eligible Securities \10\ to the Trade Reporting and Compliance
Engine (``TRACE'').
---------------------------------------------------------------------------

    \9\ FINRA Rule 6420(f) defines ``OTC Equity Security'' to
include ``any equity security that is not an `NMS stock' as that
term is defined in Rule 600(b)(47) of SEC Regulation NMS; provided,
however, that the term `OTC Equity Security' shall not include any
Restricted Equity Security.'' FINRA Rule 6420(k) defines
``Restricted Equity Security'' to mean ``any equity security that
meets the definition of `restricted security' as contained in
Securities Act Rule 144(a)(3).''
    \10\ FINRA Rule 6710(a) defines ``TRACE-Eligible Security'' to
include ``a debt security that is United States (`U.S.') dollar-
denominated and issued by a U.S. or foreign private issuer, and, if
a `restricted security' as defined in Securities Act Rule 144(a)(3),
sold pursuant to Securities Act Rule 144A.''
---------------------------------------------------------------------------

    The Original Proposal was designed to clarify how members are
required to report two classes of securities--``depositary shares'' and
``capital trust'' (or ``trust preferred'') securities--under these
rules. Both classes are ``hybrid'' securities, in that each has debt-
and equity-like features. According to FINRA, such hybrid securities
are frequently designed to straddle both classifications for a variety
of purposes, including the tax treatment applicable to issuers and
recipients when distributions are made (or not made) to holders of the
security, and the treatment of the principal as capital for issuers
subject to capital requirements.\11\ In the Original Proposal, FINRA
stated that it had received requests for guidance whether such hybrid
securities should appropriately be classified as equities, and thus
reported to ORF, or debt securities, and thus reported to TRACE.
---------------------------------------------------------------------------

    \11\ See Original Proposal, 78 FR 59996.
---------------------------------------------------------------------------

    FINRA thus proposed to classify depositary shares, when not listed
on an equity facility of a national securities exchange,\12\ as OTC
Equity Securities under FINRA Rule 6420(f). As such, depositary shares
would be reportable to ORF in accordance with ORF requirements. FINRA
took the view that depositary shares generally are securities that
represent a fractional interest in a share of preferred stock, and
preferred stocks are considered equity securities. FINRA noted further
that depositary shares generally entitle the holder, through the
depositary, to a proportional fractional interest in the rights,
powers, and preferences of the preferred stock represented by the
depositary share.\13\
---------------------------------------------------------------------------

    \12\ For purposes of the proposed rule change, the term ``listed
on an equity facility of a national securities exchange'' would mean
a security that qualifies as an NMS stock (as defined in Rule
600(b)(47) of Regulation NMS) as distinguished from a security that
is listed on a bond facility of a national securities exchange.
    \13\ See Original Proposal, 78 FR 59996.
---------------------------------------------------------------------------

    With respect to capital trust (or trust preferred) securities,
FINRA proposed to include such securities within the definition of
``TRACE-Eligible Security'' under FINRA Rule 6710(a). Thus, members
would be required to report transactions in such securities to TRACE
according to applicable TRACE reporting requirements. For example,
members would be required to report price as a percentage of par value,
and volume as the total par value of the transaction (not the number of
bonds traded).\14\
---------------------------------------------------------------------------

    \14\ See FINRA Rule 6730.
---------------------------------------------------------------------------

    FINRA stated that the proposed interpretation would apply only on a
prospective basis. It would not require FINRA members to review old
trades and cancel and re-report those trades if they had been reported
contrary to the terms of the proposal. If the proposal became
effective, FINRA members would be required to cancel and re-report
trades that occurred after the date of the proposal's effectiveness
only if those trades had been reported incorrectly.\15\
---------------------------------------------------------------------------

    \15\ See Original Proposal, 78 FR 59996-97.
---------------------------------------------------------------------------

III. Comments on the Original Proposal, FINRA's Response, and Amendment
No. 1

    Summary of Comments. As noted above, the Commission received two
comment letters on the Original Proposal.\16\ Both comments expressed
concern with FINRA's proposed guidance regarding trade reporting of
hybrid securities, and argued that hybrid securities currently being
reported to TRACE should continue to be reported to TRACE. One of the
commenters stated, in particular, that investors evaluate hybrid
securities, including depositary shares, based upon their fixed income
attributes. According to this commenter, depositary shares with a par
value of $1,000 have historically been traded and settled with a debt
convention, meaning on the basis of yield and credit quality rather
than on the potential for capital appreciation.\17\ This commenter
supported the current market practice of treating depositary shares
with $1,000 par value or greater as debt securities. The commenter
believed that the proposed interpretation could dampen the secondary
market by creating investor confusion or rendering the securities
ineligible for inclusion in fixed income indices.\18\
---------------------------------------------------------------------------

    \16\ See supra note 4.
    \17\ See SIFMA Letter at 6. See also FIF Letter at 1 (stating
generally that the depositary shares ``are traded as fixed income
securities'').
    \18\ See SIFMA Letter at 5.
---------------------------------------------------------------------------

    Both commenters argued that it would be difficult for market
participants to adapt their systems to comply with the proposed
reclassification of depositary shares as ORF-eligible. One commenter
noted that the data fields captured by FINRA's ORF are different than
those captured by TRACE.\19\ The second commenter stated that many
firms have separate trading, operations, and technology architecture
for equities and debt that is tailored to the order lifecycle of each
type of instrument,\20\ and argued that the costs of implementing the
new guidance may not justify the benefits.\21\
---------------------------------------------------------------------------

    \19\ For example, ORF collects for each transaction the price
per share and number of shares traded. It does not have a data field
for an accrued coupon or dividend, information captured as part of
debt transactions reported to TRACE. See id. at 7.
    \20\ See FIF Letter at 1-2. This commenter also listed a number
of other potential effects of the proposed interpretation. See id.
at 2-3.
    \21\ See id. at 3.
---------------------------------------------------------------------------

    One of the commenters also believed that the proposed guidance
``fail[ed] to capture the entire hybrid preferred universe,'' \22\ and
therefore offered a formulation of the guidance that it believed would
more thoroughly define the criteria by which a security would be
classified as reportable to ORF or TRACE.\23\
---------------------------------------------------------------------------

    \22\ SIFMA Letter at 11.
    \23\ See id. at 12.
---------------------------------------------------------------------------

    FINRA's Response to Commenters and Amendment No. 1. FINRA
acknowledged that the appropriate classification of hybrid securities
is a complex analysis and agreed with the commenters that hybrid
securities--in particular, securities with a liquidation preference of
$1,000 or more--have significant debt-like characteristics. FINRA
stated that it had further discussions about the proposal with several
institutional investors who, in general, agreed with the concerns
raised by the commenters.\24\
---------------------------------------------------------------------------

    \24\ See Notice of Amendment No. 1, 79 FR 12543.
---------------------------------------------------------------------------

    Therefore, in Amendment No. 1, FINRA modified the proposed
interpretation to provide that, in addition to capital trust and trust
preferred securities, the term ``TRACE-Eligible Security'' would
include: (1) A depositary share having a liquidation preference of
$1,000 or more (or a cash redemption price of $1,000 or more) that is a
fractional interest in a non-convertible,\25\ preferred security and is
not listed on an equity facility of a national securities exchange
(``hybrid $1,000 depositary share''); and (2) a non-convertible,
preferred security having a liquidation preference of $1,000 or more
(or a cash redemption price of $1,000 or more) that is not listed on an
equity facility of a national securities exchange (``hybrid $1,000
preferred security''), such as a hybrid $1,000 preferred security that
is offered directly to an investor or a preferred security underlying
multiple hybrid $1,000 depositary shares. Any such

security deemed as a TRACE-Eligible Security would be excluded from the
term ``OTC Equity Security.'' \26\
---------------------------------------------------------------------------

    \25\ ``Non-convertible'' means not convertible into or
exchangeable for property or shares of any other series or class of
the issuer's capital stock. See Notice of Amendment No. 1, 79 FR
12543, n. 17.
    \26\ See Notice of Amendment No. 1, 79 FR 12543.
---------------------------------------------------------------------------

    FINRA did not modify the proposed interpretation regarding the
treatment of capital trust securities and trust preferred securities.
Thus, the term ``TRACE-Eligible Security'' would include a capital
trust security and a trust preferred security (other than a capital
trust security or a trust preferred security that is listed on an
equity facility of a national securities exchange), and transactions in
such securities must be reported to TRACE (and not to ORF) in
compliance with the applicable reporting requirements. This
interpretation would apply even if the capital trust security (or a
trust preferred security) was previously listed on an equity facility
of a national securities exchange but has since been delisted. Once
delisted, the security must be reported to TRACE.\27\ All other
preferred securities and depositary shares representing fractional
interests in such securities--except the hybrid securities identified
above: hybrid $1,000 preferred securities and hybrid $1,000 depositary
shares--would continue to be included in the term ``OTC Equity
Security,'' and members must report transactions in such securities to
ORF.\28\
---------------------------------------------------------------------------

    \27\ See id. at n. 18.
    \28\ For example, a non-convertible preferred security having a
par value or liquidation preference of $25 that is not listed on an
equity facility of a national securities exchange would be an OTC
Equity Security under the interpretation and would be required to be
reported to ORF. See 79 FR 12543.
---------------------------------------------------------------------------

    In light of the amended interpretation, FINRA determined not to
extend the implementation date beyond the originally proposed maximum
of 150 days following Commission approval. FINRA believes that members
will be able to comply within such timeframe because the amended
interpretation largely follows current market practice.\29\ Therefore,
as of the date of implementation, affected securities will be
transferred, if necessary, for reporting to the appropriate trade
reporting facility, and after this transfer members must report all
transactions in such securities to the appropriate trade reporting
facility.
---------------------------------------------------------------------------

    \29\ See id.
---------------------------------------------------------------------------

    Comment on Amendment No. 1. The Commission received one comment
letter in response to Amendment No. 1.\30\ The commenter supported the
proposed revisions and believed that the amended interpretation would
prevent investor confusion by allowing hybrid $1,000 depositary shares
and hybrid $1,000 preferred securities to be reported to TRACE. The
commenter stated that the amended interpretation ``appropriately
preserves the established market practice for these securities and
achieves investor protection goals consistent with the debt-like nature
of the security, without being unduly burdensome.'' \31\
---------------------------------------------------------------------------

    \30\ See supra note 7.
    \31\ SIFMA Letter II at 2.
---------------------------------------------------------------------------

V. Discussion

    After carefully considering the proposed rule change, as modified
by Amendment No. 1, the comments submitted, and FINRA's response to the
comments, the Commission finds that the proposed rule change, as
modified by Amendment No. 1, is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to a national
securities association.\32\ In particular, the Commission finds that
the proposed rule change, as modified by Amendment No. 1, is consistent
with Section 15A(b)(6) of the Act,\33\ which requires, among other
things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \32\ In approving this proposed rule change, the Commission has
considered the proposed rule change's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \33\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that it is reasonable and consistent with
the Act for FINRA to provide guidance as to whether particular hybrid
securities should, for purposes of FINRA's trade reporting rules, be
deemed debt securities, and thus TRACE-eligible, or equity securities,
and thus reportable to an equity trade reporting facility. Although
such securities may have both debt and equity features, the Commission
believes that it is appropriate for FINRA to seek to address the
confusion about how to report such securities by having all
transactions in a particular type of hybrid security reported to the
same facility. This approach is reasonably designed to promote
transparency, as all trade reports of the same hybrid security
discussed in the proposal should now be reported to and disseminated by
the same trade reporting facility, instead of appearing on different
facilities in different formats. Furthermore, the Commission believes
that, in the absence of a compelling regulatory reason to require
hybrid securities to be reported to an equity trade reporting facility
such as the ORF, it is consistent with the Act for FINRA to permit its
members to continue using existing infrastructure to report the hybrid
securities in question to TRACE.

VII. Conclusion

    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\34\ that the proposed rule change (SR-FINRA-2013-039), as modified by
Amendment No. 1, be and hereby is approved.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-08585 Filed 4-15-14; 8:45 am]
BILLING CODE 8011-01-P


                                 ATTACHMENT A
                  Pollution Prevention Act Section 6604(b)(5)

                             42 U.S.C. 13103(b)(5)

SEC. 6604. EPA ACTIVITIES.
(a) AUTHORITIES. -- The Administrator shall establish in the Agency an office to carry out the functions of the Administrator under this subtitle. The office shall be independent of the Agency's single-medium program offices but shall have the authority to review and advise such offices on their activities to promote a multimedia approach to source reduction. The office shall be under the direction of such officer of the Agency as the Administrator shall designate.
(b) FUNCTIONS. -- The Administrator shall develop and implement a strategy to promote source reduction. As part of the strategy, the Administrator shall --
      (1) establish standard methods of measurement of source reduction;
      (2) ensure that the Agency considers the effect of its existing and proposed programs on source reduction efforts and shall review regulations of the Agency prior and subsequent to their proposal to determine their effect on source reduction;
      (3) coordinate source reduction activities in each Agency Office and coordinate with appropriate offices to promote source reduction practices in other Federal agencies, and generic research and development on techniques and processes which have broad applicability;
      (4) develop improved methods of coordinating, streamlining and assuring public access to data collected under Federal environmental statutes;
      (5) facilitate the adoption of source reduction techniques by businesses. This strategy shall include the use of the Source Reduction Clearinghouse and State matching grants provided in this subtitle to foster the exchange of information regarding source reduction techniques, the dissemination of such information to businesses, and the provision of technical assistance to businesses. The strategy shall also consider the capabilities of various businesses to make use of source reduction techniques;
      (6) identify, where appropriate, measurable goals which reflect the policy of this subtitle, the tasks necessary to achieve the goals, dates at which the principal tasks are to be accomplished, required resources, organizational responsibilities, and the means by which progress in meeting the goals will be measured;
      (7) establish an advisory panel of technical experts comprised of representatives from industry, the States, and public interest groups, to advise the Administrator on ways to improve collection and dissemination of data;
      (8) establish a training program on source reduction opportunities, including workshops and guidance documents, for State and Federal permit issuance, enforcement, and inspection officials working within all agency program
      (9) identify and make recommendations to Congress to eliminate barriers to source reduction including the use of incentives and disincentives;
      (10) identify opportunities to use Federal procurement to encourage source reduction;
      (11) develop, test and disseminate model source reduction auditing procedures designed to highlight source reduction opportunities; and
      (12) establish an annual award program to recognize a company or companies which operate outstanding or innovative source reduction programs.


[Federal Register: February 22, 2008 (Volume 73, Number 36)]
[Notices]
[Page 9794-9795]
[DOCID:fr22fe08-59]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0273; FRL-8532-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; PCBs, Consolidated Reporting and
Recordkeeping Requirements; EPA ICR No. 1446.09, OMB No. 2070-0112

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection activity and its expected burden
and costs.

DATES: Additional comments may be submitted on or before March 24,
2008.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2007-0273 to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
Document Control Office (DCO), Office of Pollution Prevention and
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 13, 2007 (72 FR 32644), EPA sought comments on this
renewal ICR pursuant to 5 CFR 1320.8(d). EPA received comments from the
Utilities Solid Waste Activities Group (USWAG) during the comment
period. These

comments are addressed in the body of the Supporting Statement to
incorporate USWAG's comments where appropriate, and in Appendix E of
the Supporting Statement. Any comments related to this ICR should be
submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPPT-2007-0273, which is available for online viewing at
http://www.regulations.gov, or in person inspection at the OPPT Docket
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Pollution Prevention and
Toxics Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov to submit or view public comments, access the index
listing of the contents of the public docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing in www.regulations.gov as EPA receives
them and without change, unless the comment contains copyrighted
material, Confidential Business Information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to www.regulations.gov.
    Title: PCBs, Consolidated Reporting and Recordkeeping Requirements.
    ICR Numbers: EPA ICR No. 1446.09; OMB Control No. 2070-0112.
    ICR Status: This ICR is currently scheduled to expire on February
29, 2008. 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 in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9 and are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 6(e)(1) of the Toxic Substances Control Act
(TSCA), 15 U.S.C. 2605(e), directs EPA to regulate the marking and
disposal of PCBs. Section 6(e)(2) bans the manufacturing, processing,
distribution in commerce, and use of PCBs in other than a totally
enclosed manner. Section 6(e)(3) establishes a process for obtaining
exemptions from the prohibitions on the manufacture, processing, and
distribution in commerce of PCBs. Since 1978, EPA has promulgated
numerous rules addressing all aspects of the life cycle of PCBs as
required by the statute. The regulations are intended to prevent the
improper handling and disposal of PCBs and to minimize the exposure of
human beings or the environment to PCBs. These regulations have been
codified in the various subparts of 40 CFR part 761. There are
approximately 100 specific reporting, third-party reporting, and
recordkeeping requirements covered by 40 CFR part 761.
    To meet its statutory obligations to regulate PCBs, EPA must obtain
sufficient information to conclude that specified activities do not
result in an unreasonable risk of injury to health or the environment.
EPA uses the information collected under the 40 CFR part 761
requirements to ensure that PCBs are managed in an environmentally safe
manner and that activities are being conducted in compliance with the
PCB regulations. The information collected by these requirements will
update the Agency's knowledge of ongoing PCB activities, ensure that
individuals using or disposing of PCBs are held accountable for their
activities, and demonstrate compliance with the PCB regulations.
Specific uses of the information collected include determining the
efficacy of a disposal technology; evaluating exemption requests and
exclusion notices; targeting compliance inspections; and ensuring
adequate storage capacity for PCB waste.
    Responses to the collection of information are mandatory (see 40
CFR part 761). Respondents may claim all or part of a notice as CBI.
EPA will disclose information that is covered by a CBI claim only to
the extent permitted by, and in accordance with, the procedures in 40
CFR part 2.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to be 1.21 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.
    Respondents/Affected Entities: Entities potentially affected by
this action are persons who currently possess PCB items, PCB-
contaminated equipment, or other PCB waste.
    Frequency of Collection: On occasion.
    Estimated average number of responses for each respondent: 1.
    Estimated No. of Respondents: 576,811.
    Estimated Total Annual Burden on Respondents: 696,055 hours.
    Estimated Total Annual Capital Costs: $12,600.
    Changes in Burden Estimates: There is a net decrease of 128,723
hours (from 824,778 hours to 696,055 hours) in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This decrease primarily reflects EPA's revised
estimates in the total number of respondents. There is an estimated $50
per site cost to place a sign at a PCB contamination cleanup site. For
252 sites, the total estimated annual capital cost would be $12,600.
This is not a new cost, but was previously unaccounted in the bottom
line Operations and Maintenance costs associated with the ICR. A more
detailed analysis of the change in burden appears in the Supporting
Statement. This change is an adjustment.

    Dated: February 14, 2008.
Joseph A. Sierra,
Acting Director, Collection Strategies Division.
 [FR Doc. E8-3376 Filed 2-21-08; 8:45 am]

BILLING CODE 6560-50-P