[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57246-57249]
[FR Doc No: 2021-22285]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0066]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Medical Qualification Requirements

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. FMCSA requests approval to renew an ICR, titled ``Medical
Qualification Requirements,'' and provides updated information for
several of the information collections discussed. This ICR is needed to
ensure that drivers, motor carriers, Medical Examiners (ME), and the
States are complying with the physical qualification requirements of
commercial motor vehicle (CMV) drivers. The information collected is
used primarily to determine and certify driver medical fitness and must
be collected in order for our highways to be safe. On May 6, 2021,
FMCSA published a 60-day notice requesting comment on the renewal of
this ICR. In response to this notice, two comments were received.

DATES: Please submit your comments by November 15, 2021. OMB must
receive your comments by this date in order to act quickly on the ICR.

ADDRESSES: Comments and recommendations for the proposed information
collection should be submitted within 30 days of publication of this
notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, Department of Transportation, Federal Motor
Carrier Safety Administration, 6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001. Telephone:<PHONE_NUMBER>.
Email Address: [email protected]. Office hours are from 9:00 a.m. to
5:00 p.m., ET, Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Renewal of a currently approved information
collection.
    Respondents: CMV drivers, motor carriers, Medical Examiners,
testing centers, treating clinicians.
    Estimated Number of Respondents: 6,225,262.
    Expiration Date: November 30, 2021.
    Estimated Total Annual Burden: 2,707,479 hours.
    This information collection is comprised of the following six
information collection activities.
    Physical Qualification Standards: 2,144,680 annual burden hours;
5,444,680 annual respondents.
    Resolution of Medical Conflict: 11 annual burden hours; 3 annual
respondents.
    Medical Exemptions: 2,529 annual burden hours; 4,749 annual
respondents.

    SPE Certificate Program: 2,808 annual burden hours; 2,567 annual
respondents.
    National Registry of Certified Medical Examiners: 556,797 annual
burden hours; 768,357 annual respondents.
    Qualification of Drivers; Diabetes Standard: 654 annual burden
hours; 4,906 annual respondents.
    Background: CMVs (trucks and buses) are longer, heavier, and more
difficult to maneuver than automobiles, making them a threat to highway
safety if not operated properly by qualified individuals. The public
interest in, and right to have, safe highways requires the assurance
that drivers of CMVs can safely perform the increased physical and
mental demands of their duties. FMCSA's physical qualification
standards provide this assurance by requiring drivers to be examined
and medically certified as physically and mentally qualified to drive.
Therefore, information used to determine and certify driver medical
fitness must be collected. FMCSA is the Federal government agency
authorized to require the collection of this information. FMCSA is
required by statute to establish standards for the physical
qualifications of drivers who operate CMVs in interstate commerce for
non-excepted industries (49 U.S.C. 31136(a)(3) and 31502(b)). The
physical qualification regulations relating to this information
collection are found in the Federal Motor Carrier Safety Regulations
(FMCSRs) at 49 CFR parts 390-399.
    Below is a brief description of the included information collection
activities and how the information is used.

Physical Qualification Standards

    The FMCSRs at 49 CFR 391.41 set forth the physical qualification
standards interstate CMV drivers who are subject to part 391 must meet,
with the exception of commercial driver's license/commercial learner's
permit (CDL/CLP) drivers transporting migrant workers (who must meet
the physical qualification standards set forth in 49 CFR 398.3). The
FMCSRs covering driver physical qualification records applicable to all
drivers subject to part 391 are found at 49 CFR 391.43, which specifies
that a physical qualification examination be performed on CMV drivers
subject to part 391 who operate in interstate commerce. The results of
examinations must be recorded on the Medical Examination Report (MER)
Form, MCSA-5875. If the ME finds a driver is physically qualified to
operate a CMV in accordance with 49 CFR 391.41, the ME must complete
and furnish to the driver a Medical Examiner's Certificate (MEC), Form
MCSA-5876. The provisions of 49 CFR 391.51 require that a motor carrier
retain the MEC or, for CDL drivers, the Commercial Driver's License
Information System (CDLIS) motor vehicle record, if it contains medical
certification status, in the driver's qualification (DQ) file for 3
years. The MEC and CDLIS motor vehicle record affirm that the driver is
physically qualified to operate a CMV in interstate commerce. With
respect to drivers transporting migrant workers, 49 CFR 398.3 requires
a motor carrier to retain in its files a copy of a doctor's certificate
that affirms the driver has been examined in accordance with that
section and determined to be physically qualified to operate a CMV.
    Due to the potential for the onset of new conditions or changes in
existing conditions that may adversely affect a driver's ability to
safely operate a CMV and cause a risk to public safety, FMCSA requires
drivers to be medically certified at least every 2 years. However,
drivers with certain medical conditions must be certified more
frequently than every 2 years. MEs have discretion to certify for
shorter time periods on a case-by-case basis for medical conditions
that require closer monitoring or that are more likely to change over
time.
    MEs are required to maintain records of the CMV driver physical
qualification examinations they conduct. FMCSA does not require MEs to
maintain these records electronically. However, there is nothing to
preclude an ME from maintaining electronic records of the medical
examinations the ME conducts. FMCSA is continuously evaluating new
information technology in an attempt to decrease the burden on motor
carriers and MEs.
    Less frequent collection of driver data, MER Forms, and MECs would
compromise FMCSA's ability to determine ME compliance with FMCSA's
requirements for performing CMV driver physical qualification
examinations. This could result in MEs being listed on FMCSA's National
Registry of Certified Medical Examiners (National Registry) who should
be removed and possibly drivers who do not meet the physical
qualification standards possessing an MEC. Less frequent data
collection would also result in decreased validity of the data (i.e.,
less frequent data submission may increase the error rate due to
unintentional omission of examination information). Therefore, less
frequent collection of driver examination results is not an option.

Resolution of Medical Conflict

    If two MEs disagree about the medical certification of a driver,
the medical conflict provision provides a mechanism for drivers and
motor carriers to request that FMCSA resolve the conflicting medical
evaluations when either party does not accept the decision of a medical
specialist. The requirements set forth in 49 CFR 391.47 mandate that
the applicant (driver or motor carrier) submit a copy of a report
including results of all medical testing and the opinion of an
impartial medical specialist in the field in which the medical conflict
arose. The applicant may choose to submit the information using fax or
email. FMCSA uses the information collected from the applicant,
including medical information, to determine if the driver should be
qualified. Without this provision and its incumbent driver medical
information collection requirements, an unqualified person may be
permitted to drive and qualified persons may be prevented from driving.

Medical Exemptions and the Skill Performance Evaluation (SPE)
Certificate Program

    FMCSA may, on a case-by-case basis, grant a medical exemption from
a physical qualification standard set forth in 49 CFR 391.41. To do so,
the Agency must determine the exemption would likely achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved by complying with the regulation. Without an exemption,
individuals who do not meet the requirements in 49 CFR 391.41 would not
be qualified to operate a CMV in interstate commerce. Section 381.300
establishes the procedures that persons must follow to request
exemptions from the FMCSRs. The Agency requires all medical exemptions
to be renewed every 2 years to ensure that the granting of the
exemption does not diminish safety. Exemption holders are required to
submit annual medical information for review to ensure the driver
continues to meet the criteria for an exemption.
    Individuals with loss or impairment of limbs are permitted to
operate a CMV if they are otherwise physically qualified and are issued
an SPE certificate by FMCSA. The SPE certificate must be renewed every
2 years by submitting a renewal application.
    The application process for medical exemptions and SPE certificates
provides for electronic collection of the application information by
FMCSA for those applicants who choose to submit

the information electronically. They may fax or scan and email
documents to FMCSA. The Vision Exemption Program and the SPE
Certificate Program maintain a database of application information. The
Medical Programs Division maintains a database of application
information for hearing and seizure exemptions.
    FMCSA must collect medical information about the driver's medical
condition in order to determine eligibility to receive a medical
exemption or an SPE certificate. In the interest of highway safety, the
medical examination, medical exemption renewal, and SPE certificate
renewal should not be performed less frequently.

The National Registry of Certified Medical Examiners

    The National Registry of Certified Medical Examiners final rule (77
FR 24104, Apr. 20, 2012) requires MEs who conduct physical
qualification examinations for interstate CMV drivers to complete
training concerning FMCSA's physical qualification standards, pass a
certification test, and maintain competence through periodic training
and testing, all of which require information collection. ME candidates
submit demographic and eligibility data in order to register with the
National Registry and begin the certification process. This data is
used to provide the public with contact information for those
healthcare professionals who are certified by FMCSA to conduct
interstate CMV driver physical qualification examinations. Less
frequent collection of ME candidate identity and eligibility
information and test results could mean there are fewer MEs available
to perform physical qualification examinations and to meet the needs of
the CMV driver and motor carrier population. This could place a burden
on drivers and motor carriers. Therefore, less frequent collection of
ME candidate identity and eligibility information and test results is
not an option.
    MEs are required to transmit to FMCSA via the National Registry
results of any CMV driver physical qualification examinations completed
by midnight (local time) of the next calendar day following the
examination. The reporting of results includes all CMV drivers (CDL/CLP
and non-CDL/CLP) who are required to be medically certified to operate
in interstate commerce and allows, but does not require, MEs to
transmit any information about examinations performed in accordance
with the FMCSRs with any applicable State variances, which will be
valid for intrastate operations only. Less frequent collection of
driver data would compromise FMCSA's ability to determine ME compliance
with FMCSA requirements for performing CMV driver physical
qualification examinations. This could result in MEs being listed on
the National Registry who should be removed and possibly drivers who do
not meet the physical qualification standards possessing an MEC. Less
frequent data collection would also result in decreased validity of the
data (i.e., less frequent data submission may increase the error rate
due to unintentional omission of examination information). Therefore,
less frequent collection of driver examination results is not an
option.
    The National Registry final rule also requires motor carriers to
verify the National Registry number of the MEs who certify their
drivers and place a note in the DQ file. Less frequent verification of
the National Registry numbers by motor carriers could mean drivers may
not have been examined by an ME listed on the National Registry and may
not meet the physical qualifications standards of the FMCSRs.
    As a follow-on rule to the National Registry final rule, the
Medical Examiner's Certification Integration final rule (80 FR 22790,
Apr. 23, 2015), modified several of the requirements adopted in the
National Registry final rule, some of which had a scheduled compliance
date of June 22, 2018. Specifically, it requires (1) FMCSA to
electronically transmit from the National Registry to the State
Driver's Licensing Agencies (SDLAs) the driver identification
information, examination results, and restriction information from
examinations performed for holders of CLPs/CDLs (interstate and
intrastate); (2) FMCSA to transmit electronically to the SDLAs the
medical variance information for all CMV drivers; and (3) SDLAs to post
the driver identification, examination results, and restriction
information received electronically from FMCSA.
    However, as the Medical Examiner's Certification Integration final
rule compliance date approached, FMCSA concluded that the information
technology infrastructure necessary to implement the portions of the
final rule that required the electronic transmission of data would not
be available on June 22, 2018. Accordingly, on June 21, 2018, FMCSA
published a notice extending the compliance date for several of the
provisions in the Medical Examiner's Certification Integration final
rule to June 22, 2021 (83 FR 28774).
    As the June 22, 2021 compliance date approached, FMCSA again
concluded that additional time was needed for FMCSA to complete certain
information technology system development tasks for its National
Registry and to provide the SDLAs sufficient time to make the necessary
information technology programming changes after the new National
Registry system is available. Accordingly, on June 22, 2021, FMCSA
amended its regulations to extend the compliance date from June 22,
2021, to June 23, 2025, for several provisions of its Medical
Examiner's Certification Integration final rule (86 FR 32643). Since
the compliance date for these provisions will be extended until June
23, 2025, the annual burden hours and costs are not covered as part of
this ICR.

Qualifications of Drivers; Diabetes Standard

    As a result of the September 19, 2018, Qualifications of Drivers;
Diabetes Standard final rule (83 FR 47486), the FMCSRs were amended to
permit drivers with a stable insulin regimen and properly controlled
insulin-treated diabetes mellitus (ITDM) to operate CMVs in interstate
commerce. An individual with ITDM can obtain an MEC from an ME for up
to a maximum of 12 months. To do so, the treating clinician, the
healthcare professional who manages, and prescribes insulin for, the
treatment of the individual's diabetes must complete the Insulin-
Treated Diabetes Mellitus Assessment Form, MCSA-5870, and attest to the
ME that the individual maintains a stable insulin regimen and proper
control of the individual's diabetes. The ME must review the form and
determine the individual meets FMCSA's ITDM standard and other physical
qualification standards. The information collection is necessary to
ensure drivers meet these standards. FMCSA allows treating clinicians
and drivers to provide the form to MEs, if they choose to do so, using
electronic communication such as fax or email.

Comments to the 60-Day Notice

    On May 6, 2021, FMCSA published a 60-day notice (86 FR 24433)
requesting comment on the renewal of this ICR. In response to the
notice, comments were received from the National School Transportation
Association (NSTA) and the U.S. Equal Employment Opportunity Commission
(EEOC). NSTA commented that it was in support of the renewal of this
information collection. The EEOC suggested that FMCSA consider revising
the requests for medical information on the MER Form to focus on
medical conditions and medications that may interfere, are likely to
interfere, or do interfere with

individuals' ability to control, drive, or otherwise operate a CMV
safely. It also suggested that that FMCSA consider narrowing the length
of time that certain medical issues must be reported. In addition, it
provided other comments regarding information on FMCSA's website that
were not related to information collection activities or the renewal of
this ICR. Those comments will be considered by FMCSA outside of this
ICR renewal process.
    Regarding the EEOC's suggestions for the MER Form, the information
collected in the driver health history section of the MER Form is
relevant and necessary to obtain a full health history from the driver.
The information obtained facilitates the completion of a thorough
examination by the ME. An ME needs all pertinent information to make an
appropriate assessment of whether the driver meets the physical
qualifications standards. FMCSA emphasizes that the driver health
history questions are linked to the physical qualification standards
set out in 49 CFR 391.41(b). Most of the standards are worded broadly
because many medical conditions may interfere with an individual's
ability to operate a CMV safely. Therefore, it is not in the interest
of safety for FMCSA to provide less information to the ME.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued under the authority delegated in 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-22285 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-EX-P


                              SUPPORTING STATEMENT
	ENVIRONMENTAL PROTECTION AGENCY

Cooperative Agreements and Superfund State Contracts for Superfund Response Actions (Final Rule)

1.  Identification of the Information Collection

	1(a) Title of the Information Collection

      Cooperative Agreements and Superfund State Contracts for Superfund Response Actions (Final Rule).  OMB Control Number 2050-0179, EPA ICR Number 1487.09.

	1(b) Short Characterization/Abstract

	This is a request for an updated Information Collection Request (ICR) accompanying the issuance of a revised regulation.  The title of this submission is: "Cooperative Agreements and Superfund State Contracts for Superfund Response Actions."  This ICR authorizes the collection of information under EPA's Superfund Rule at 40 CFR Part 35, Subpart O, that establishes the administrative requirements for CERCLA-funded cooperative agreements for State, political subdivisions, and Federally-recognized Indian Tribes and Tribal Consortia response actions.  The regulation includes only those provisions mandated by CERCLA, required by OMB circulars, or added by EPA to ensure sound and effective financial assistance management under this regulation.  The information is collected from applicants and/or recipients of EPA assistance and is used to make awards, pay recipients, and collect information on how Federal funds are being utilized.  EPA requires this information to meet its Federal stewardship responsibilities. Recipient responses are required to obtain a benefit (Federal funds) under 40 CFR Part 31, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" and under 40 CFR Part 35,
"State and Local Assistance."

It is estimated that the information collection will involve 316 new respondents and 338
amendments to existing agreements with recipients impose a burden of 5073 hours and $149,687.04.  Previous Information Collection burdens were approved under OMB control number 2050-0179. This prior ICR was approved without any terms of clearance.

2.  Need for and Use of the Collection

	2(a) Need/Authority for the Collection

	This ICR is necessary due to the information collection and reporting requirements in the Superfund rule 40 CFR Part 35, Subpart O, "Cooperative Agreements and Superfund State Contracts for Superfund Response Actions."  Due to the statutory cost recovery requirements in
CERCLA and the need to carefully track all costs, Superfund recipients must comply with administrative requirements sufficient to meet these provisions of the law.  The regulation sets forth the pre-award, post-award, and closeout cooperative agreement requirements which are conditions for receiving/managing a Superfund Cooperative Agreement (CA) or a Superfund State Contract (SSC).  This information is needed by EPA project officers, grant specialists, and finance officials to manage/oversee the funding activities and cleanup activities at Superfund sites.  EPA also uses the information to update the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) which tracks progress made at Superfund sites, and to update IFMS, EPA's database for tracking financial management.

      2(b) Practical Utility/Users of the Data

	The information collected is used by EPA to manage and administer cooperative agreements and Superfund State Contracts for Superfund response actions.  The pre-award information is used to qualify cooperative agreement applicants and award cooperative agreements.  The post-award information is used to meet the statutory and regulatory requirements and monitor recipient performance.  The closeout information is used to meet reporting and record keeping requirements necessary for cost recovery purposes and for closing out awards.  The information is necessary to ensure fiscal control and accountability for Superfund money to deter waste, fraud, and abuse.

	40 CFR Part 35, Subpart O, also supplements EPA's general assistance regulation,
40 CFR Part 31, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments."  Part 31, which implements the requirements of OMB Circular A-102, became effective for awards made on or after October 1, 1988.  The Part 31 rule (common rule) established uniformity among Federal agencies that award Federal grants and cooperative agreements to States, political subdivisions thereof, and Federally-recognized Indian Tribes and Tribal Consortia.  Many of the information collection requirements for Superfund cooperative agreements were approved under the OMB Paperwork Clearance #2030-0020 associated with 40 CFR Part 31 prior to this ICR.

	Due to statutory cost recovery requirements, and the need to carefully track costs by site and activity, Superfund recipients must comply with all administrative requirements to satisfy the provisions of the law.  There are additional requirements in this regulation, which supplements Part 31, and are necessary for effective cost recovery from potentially responsible parties.  States may be able to follow their own rules for certain aspects of the program, such as in procurement, if their administrative requirements and financial management capabilities are sufficient.

3.  Non duplication, Consultations, and Other Collection Criteria

	3(a) Non duplication

	All information collected is used to continue administering cooperative agreements and Superfund State Contracts for Superfund response actions.  This data is not available from other sources, as it is specifically related to the requirements of 40 CFR Part 35, Subpart O, and the award, management, and closeout of cooperative agreements and Superfund State Contracts within this program.

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

      This information collection request will accompany 40 CFR Part 35 Subpart O in the reissuance process for that regulation.

	3(c) Consultations

	This is a request for renewal of an information collection request, and in addition to the initial Federal Register notice, the following organizations were contacted to provide additional input towards the calculation of burden imposed by this ICR:

Bureau of Waste Site Cleanup
MA Dept. of Environmental Protection
One Winter St.
Boston, MA 02108

Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276

NJ Dept. of Environmental Protection
CN 413
Trenton, NJ 08625

OK Dept. of Environmental Quality
707 N. Robinson Street
P.O. Box 1677 (Mailing Address)
Oklahoma City, OK 73101-1677

OR Department of Environmental Quality
2020 SW Fourth Ave., Suite 400
Portland, OR 97201

TN Dept. of Environment & Conservation
401 Church St., L&C Annex, 4th Fl.
Nashville, TN 37243-1538

VA Dept. of Environmental Quality
P.O. Box 10009
629 E. Main St., 10th Fl.
Richmond, VA 23240-0009

UT Dept. of Environmental Quality
168 North 1950 West
Salt Lake City, Utah 84116

CA Dept. of Toxic Substances Control
1011 N. Grandview
Glendale, CA 91201

	One of the organizations contacted responded. That respondent commented on the burdens presented in the burden table, stating that the Record Retention burden appeared to be undervalued due to increased new requirements for the provision of documentation and additional cases entering cost recovery. EPA agrees with this comment and has consequently increased the burden estimate by 0.5 hours to 6.0 hours per Cooperative Agreement.

	3(d) Effects of Less Frequent Collection

	There is no fixed schedule for the collection of this information.  It is required on an as needed basis as stated in the rule at 40 CFR Part 35, Subpart O, "Cooperative Agreements and Superfund State Contracts for Superfund Response Actions." Therefore, there is no possibility that the information can be collected less frequently than required by the regulation.

	3(e) General Guidelines

	The information collection is consistent with the guidelines set forth in 5 CFR 1320.5 of the Paperwork Reduction Act Guidelines.

	3(f) Confidentiality

	No sensitive information is expected to be collected under this ICR.  However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

	3(g) Sensitive Questions

	None of the information being collected will contain sensitive questions or require collecting sensitive information.

4.  The Respondents and the Information Requested

	4(a) Respondents/SIC Codes

	The respondents to the recordkeeping and reporting requirements are:

SIC Codes
NAICS Codes
Other General Government Support
9119
921190
American Indian and Alaska Native Tribal Governments
8641
921150

	4(b) Information Requested

	(i)  Data Items (Including recordkeeping requirements)

	Information requested  -  Information relating to the following cooperative agreement types and Superfund State Contracts will be collected to ensure sound and effective financial assistance management and to help EPA meet its Federal stewardship responsibilities under this program:

* 	Pre-Remedial Cooperative Agreements;
* 	Remedial Response Cooperative Agreements;
* 	Enforcement Cooperative Agreements;
* 	Removal Cooperative Agreements;
* 	Core Program Cooperative Agreements;
* 	Support Agency Cooperative Agreements;
*      Consolidated Funding Cooperative Agreements;
* 	Conclusion of the Cooperative Agreement;
*      Superfund State Contract;
* Conclusion of Superfund State Contracts; and
* Records Retention.

		This information will also be used to update and maintain the IFMS database.

		(ii)  Respondent Activities

		Respondents will:

* 	Prepare and submit cooperative agreements/Superfund State Contract application materials
	including work plans;
* 	Conduct research and gather data as needed;
* Prepare and submit quarterly/or bi-annual/or annual reports that contain: (1) An explanation of work accomplished during the reporting period, delays, or other problems, if any, and a description of the corrective measures that are planned. For Pre-remedial Cooperative Agreements, the report must include a list of the site-specific products completed and the estimated number of technical hours spent to complete each product. (2) A comparison of the percentage of the project completed to the project schedule, and an explanation of significant discrepancies. (3) A comparison of the estimated funds spent to date to planned expenditures and an explanation of significant discrepancies. For remedial, enforcement, and removal reports, the comparison must be on a per task basis. (4) An estimate of the time and funds needed to complete the work required in the Cooperative Agreement, a comparison of that estimate to the time and funds remaining, and a justification for any increase.
* Prepare other standardized non-construction assurances referenced and covered under 40 CFR Part 31 and OMB Circular A-102;
* 	Perform required recordkeeping activities;
* 	Respond to EPA requests for additional information; and
* 	Perform other activities as necessary as required by 40 CFR Part 35, Subpart O.

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

		5(a) Agency Activities

		EPA will collect the requested information using standardized reports and record keeping appropriate to support cost recovery.  The grants information is entered into IGMS, the Agency's database for tracking the status of grant/cooperative agreement actions.  Financial information is entered into IFMS, the Agency's database for tracking financial management.

		5(b) Collection Methodology and Management

		EPA will conduct activities in connection with the acquisition, analysis, storage, and utilization of the requested cooperative agreement and Superfund State Contract-related information and financial data.  This information and financial data are reviewed in accordance with the requirements of 40 CFR Part 35, Subpart O.

		Superfund recipients must retain records for 10 years following the submission of the final Financial Status Report, and must retain those records longer if an enforcement action is ongoing.  This ensures that response action information will be available to support EPA litigation efforts to recover Superfund costs from responsible parties.  The Agency also conducts periodic on-site reviews to ensure recipient compliance with applicable requirements.

		5(c) Small Entity Flexibility

		There are no small businesses affected by this information collection. Small Governmental Jurisdictions are affected, but the burden is minimal, and steps have been taken to reduce the burden imposed by this information collection.  As 40 CFR Part 35, Subpart O is a fully-funded regulation, all burden imposed by the regulation is required in order for recipients to obtain and manage financial awards.

		5(d) Collection Schedule

		The collection schedule for this information relating to cooperative agreements and Superfund State Contracts is variable depending on such factors as: date of applications, magnitude of efforts, and project periods, etc.

6.  Estimating the Burden and Cost of the Collection

		Table 1, "Total Respondent Burden," documents the computation of individual burdens for providing the information required for the application and administration of each type of cooperative agreement and each Superfund State Contract included in this ICR.  The individual burden is expressed under a heading believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Responses to this information collection are mandatory, as they are required to properly manage and administer the funds awarded under cooperative agreements and Superfund State Contracts.

		The 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.

		6(a) Estimating Respondent Burden

		A "unit" burden is the burden incurred by a respondent for performing a cooperative agreement specific activity.  States incur burdens under an estimated 654 cooperative agreement and Superfund State Contract activities per year for reporting, certifications, schedules, notifications, assurances, and record keeping activities.  The estimated burden is incurred by activities under the following types of Cooperative Agreements/Superfund State Contracts and other requirements:

* 	Pre-Remedial Cooperative Agreements;
* 	Remedial Response Cooperative Agreements;
* 	Enforcement Cooperative Agreements;
* 	Removal Cooperative Agreements;
   * Core Program Cooperative Agreements;
   *      Support Agency Cooperative Agreements;
*      Consolidated Funding Cooperative Agreements;
* 	Conclusion of the Cooperative Agreements;
*      Superfund State Contract;
*      Conclusion of Superfund State Contracts; and
*      Records Retention.

		The estimated average burden associated with each Cooperative Agreement/Superfund State Contract/Other requirement is discussed below and summarized in Table 1, "Total Respondent Burden."

		The estimated burden associated with Pre-Remedial Cooperative Agreements represents the number of hours that are spent in identification of environmental results, research, data collection, analysis, negotiation, preparation, and post-award monitoring of the Pre-Remedial Cooperative Agreement.  EPA estimates that approximately 47 (14 new respondent CAs and 33 amended respondent CAs) Pre-Remedial Cooperative Agreements involving States, Tribes, or political subdivisions, will be in place each year.  EPA estimates that an average of 9 hours are necessary to prepare all the plans, compliance documents, lists and schedules required in the application for this type of Cooperative Agreement within Subpart O.

		The estimated burden associated with Remedial Response Cooperative Agreements represents the number of hours that are spent in identification of environmental results, research, plan preparation, data collection, analysis, negotiation in preparing the materials required for, and post-award monitoring of Remedial Response Cooperative Agreements.  EPA estimates that approximately 55 (20 new respondent CAs and 35 amended respondent CAs) Remedial Response Cooperative Agreements, which involve States, Tribes, and political subdivisions, will be in place each year.  EPA estimates that an average of 18 hours is necessary to prepare all the materials required in an application for this type of Cooperative Agreements.  Those materials include: a project narrative, which includes much more site-specific information than a project narrative for a Pre-Remedial Cooperative Agreement; compliance documents and certifications; CERCLA assurances; and notifications.  The majority of the burden under this Cooperative Agreement is associated with the preparation of the schedule of deliverables.  Though the format of that schedule is fairly standard, the planning and negotiation involved can be time consuming.

		The estimated burden associated with Enforcement Cooperative Agreements represents the number of hours that are spent in identification of environmental results, research, plan and certification documentation preparation, such as the quality assurance plan, data collection, analysis in the preparation of materials involved in acquiring and operating within an Enforcement cooperative agreement.  EPA estimates that an average of 20 (11 new respondent CAs and 9 amended respondent CAs) Enforcement Cooperative Agreements will be in place each year.  EPA also estimates that approximately 29 hours are needed to fulfill the requirements imposed by this type of Cooperative Agreement.  Those requirements include: creating the site description; creating the site specific statement of work; producing the statement designating lead site project manager; creating the site specific health and safety plan; producing the quality assurance plan; developing the schedule of deliverables; and producing a copy of the applicable state, local, or tribal statutes.  The majority of the burden is imposed by the creation of the site specific statement of work, the quality assurance plan, and the schedule of deliverables.

		The estimated burden associated with Removal Response Cooperative Agreements represents the number of hours that are spent in identification of environmental results, research, plan preparation, data collection, analysis, negotiation in preparing the materials required for, and post-award monitoring of a Removal Response Cooperative Agreement EPA estimates that approximately 4 (2 new respondent CAs and 2 amended respondent CAs) Removal Response Cooperative Agreements, which involve States, Tribes, and political subdivisions, will be in place each year.  EPA estimates that an average of 29 hours is necessary to prepare all the materials required for this type of Cooperative Agreement.  Those required materials include: a site description; a site specific statement of work; a statement designating lead site project manager; a site specific community relations plan; a site specific health and safety plan; a quality assurance plan; a schedule of deliverables.  Program experience has shown that the majority of the burden imposed under the requirements for this type of Cooperative Agreement can be attributed to the development of the schedule of deliverables and the quality assurance plan.

		The estimated burden associated with Core Program Cooperative Agreements represents the number of hours that are spent in identification of environmental results, research, data collection, analysis, negotiation in preparing the materials required for, and post-award monitoring of a Core Program Cooperative Agreement.  EPA estimates that 54 (17 new respondent CAs and 37 amended respondent CAs) Core Program Cooperative Agreements, which involve States, Tribes, and political subdivisions, will be in place each year.  Superfund program experience indicates that 29 hours are needed to fulfill the requirements imposed by this type of Cooperative Agreement.  Those requirements include preparing a statement of work, and a background statement.  Those two requirements are responsible for the majority of burden attributed to Core Program Cooperative Agreements.

		The estimated burden associated with Support Agency Cooperative Agreements represents the number of hours that are spent in identification of environmental results, research, data collection, analysis, negotiation in preparing the materials required for, and post-award monitoring of a Support Agency Cooperative Agreement. EPA estimates that approximately 63 (19 new respondent CAs and 44 amended respondent CAs) Support Agency Cooperative Agreements, which involve States, Tribes, and political subdivisions, will be in place each year.  EPA estimates that an average of 8 hours are needed to prepare all the materials required for this type of Cooperative Agreement.  The majority of the burden imposed by a Support Agency Cooperative Agreement can attributed to the development of the required statement of work.  This burden has been reduced from the last ICR due to recent rule revisions eliminating Support Agency cost sharing for Federally-recognized Indian Tribes and Tribal Consortia.

	The estimated burden associated with Consolidated Funding Cooperative Agreements represents the number of hours that are spent in identification of environmental results, research, data collection, analysis, negotiation, and preparation of Consolidated Funding Cooperative Agreements each year.  EPA estimates that approximately 5 (1 new respondent CAs and 4 amended respondent CAs) Consolidated Funding Cooperative Agreements are in place each year.  EPA estimates that approximately 42 hours a year are necessary to meet the requirements of a Consolidated Funding Cooperative Agreement.  A Consolidated Funding Cooperative Agreement is composed of a Pre-Remedial, Core Program, and Support Agency Cooperative Agreement. The potential three-fold burden from this type of Cooperative Agreement can be attributed to the increase in the paperwork needed to document, track, and respond to the requirements for each cooperative agreement type.   However, a savings in burden is expected from Consolidated Funding Cooperative Agreements due to consolidated administration and reporting requirements, and other common elements, thus, Consolidated Funding Cooperative Agreements have a cost that is smaller than the sum of each of the three Cooperative Agreement types.  While a savings does occur, considering the burden of each type of combined Cooperative Agreement, the current estimate of 20 hours for the Consolidated Funding Cooperative Agreement appears to be too low. Averaging the estimate of 52 hours (the sum of the three types of Cooperative Agreements) with the 20 hour prior ICR burden estimate yields the more realistic estimate of 36 hours used in the present burden tables.

		The estimated burden associated with the Conclusion of a Cooperative Agreement represents the number of hours that are spent in assembling and reconciling financial data, identifying any outstanding contractual issues, assembling relevant Cooperative Agreement data deliverables and other documentation, coordinating with USEPA personnel in the disposition of equipment and other acquisitions under the cooperative agreement, determining final cost shares and preparing the site for the operation and maintenance phase of the Superfund State Contract each year.  EPA estimates that approximately 30 (30 new respondent CAs and 0 amended respondent CAs) Superfund State Contracts are concluded each year.  The Superfund Subpart O Workgroup estimates that 11 hours are needed to meet the burden imposed by the requirements under a Superfund State Contract.  Those requirements include: General Authorities; Purpose statement; site description; statement to follow guidance; statement of work; schedule of deliverables; SPOC; CERCLA assurances; list of Support Agency Cooperative Agreements; sanctions for failure to comply with the terms of the Superfund State Contract; site access; joint inspection of the remedy; exclusion of third party benefits; State review; and a list of responsible party activities.

		The estimated burden associated with the contents of a Superfund State Contract represents the number of hours that are spent in identification of environmental results, research, data collection, analysis, negotiation, and preparation of the Superfund State Contract each year.  EPA estimates that approximately 9 (4 new respondent CAs and 5 amended respondent CAs) Superfund State Contracts are in place each year.  The Superfund grants program workgroup estimates that 24 hours are needed to meet the burden imposed by the requirements under a Superfund State Contract.  Those requirements include: General Authorities; Purpose statement; site description; statement to follow guidance; statement of work; schedule of deliverables; SPOC; CERCLA assurances; list of Support Agency Cooperative Agreements; sanctions for failure to comply with the terms of the Superfund State Contract; site access; joint inspection of the remedy; exclusion of third party benefits; State review; and a list of responsible party activities.

		The estimated burden associated with the Conclusion of a Superfund State Contract represents the number of hours that are spent in assembling and reconciling financial data, identifying any outstanding contractual issues, assembling relevant Cooperative Agreement data deliverables and other documentation, coordinating with USEPA personnel in the disposition of equipment and other acquisitions under the Cooperative Agreement, determining final cost shares and preparing the site for the operation and maintenance phase of the Superfund State Contract each year.  EPA estimates that approximately 42 (42 new respondent CAs and 0 amended respondent CAs) Superfund State Contracts are concluded each year.  The Superfund Subpart O Workgroup estimates that 7 hours are needed to meet the burden imposed by the requirements under a Superfund State Contract.  Those requirements include: General Authorities; Purpose statement; site description; statement to follow guidance; statement of work; schedule of deliverables; SPOC; CERCLA assurances; list of Support Agency Cooperative Agreements; sanctions for failure to comply with the terms of the Superfund State Contract; site access; joint inspection of the remedy; exclusion of third party benefits; State review; and a list of responsible party activities.

		The estimated burden associated with the Records Retention requirements represents the number of hours that are spent each year beyond the 10-year (Superfund) retention requirement for record maintenance, storage, and any document requests that would be made throughout the year.  All cooperative agreements must meet these Records Retention requirements, and incur the resulting burden.  EPA estimates that approximately 327 (158 new respondent CAs and 169 amended respondent CAs) Cooperative Agreements will be in place each year.  Superfund program experience indicates that an average of 3 hours will be required each year to meet the burden imposed by this regulation's Records Retention requirements.

		6(b) Estimating Respondent Costs

		(i) Estimating Labor Costs

		For all activities covered by this ICR, wage rates for State, Tribal, and political subdivision personnel are estimated to be comparable to those of Federal government personnel.  These wage rates were estimated based upon corresponding Federal GS wage rates as of January 2006. The rates, as outlined below are multiplied by a 1.6 benefits multiplication factor to account for government overhead expenses.

						Management		GS 13, step 1			$50.46/hour
						Technical			GS 11, step 1			$35.41/hour
						Clerical			GS 7, step 1			$23.92/hour

		These rates are from the Office of Personnel Management (OPM) "2006 General Schedule" which excludes locality rates of pay.  These rates can be obtained from the OPM website, http://www.opm.gov/oca/06tables/html/gs_h.asp.  It is further estimated that approximately 20% of the respondent activity is Managerial, 70% is Technical, and 10% is Clerical in nature.  Based upon the above, the weighted average is $37.27 per hour [(50.46*0.2)+(35.41*0.7)+(23.92*0.1)].

		(ii) Estimating Capital and Operation and Maintenance Costs

		The only type of costs associated with this information collection activity is labor costs. There is no estimated Capital/Startup and Operation and Maintenance Costs associated with this collection of information.

		(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

		The total capital/startup costs for this ICR are $0.

		The total operation and maintenance (O&M) costs for this ICR are $0.

		The total respondent costs in block 14 have been calculated as the addition of the capital/startup costs, and the annual operation and maintenance costs.  The average annual cost for capital/startup and operation and maintenance costs to respondents over the next three years of the ICR is estimated to be $0.

		(iv) Annualizing Capital Costs

		6(c) Estimating Agency Burden and Cost

		The only costs to the Agency are those costs associated with maintenance, analysis, and utilization of the collected information.

		The average Agency cost for the collection and administration of the information required by this ICR is estimated to be $207,347.25 [see Table 2].  This cost is based on the average hourly labor rate at a GS-12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total hourly rate of $42.45.

		These rates are from the Office of Personnel Management (OPM) "2006 General Schedule" which excludes locality rates of pay.  These rates can be obtained from the OPM website, http://www.opm.gov/oca/06tables/html/gs_h.asp.  Details upon which this estimate is based appear in Table 2, "Total Agency Burden," below.

		6(d) Estimating the Respondent Universe and Total Burden and Costs

		Based on our research for this ICR, approximately 654 respondents will provide the information required under 40 CFR Part 35, Subpart O each year.

		The number of Total Annual Responses is 654.

		The total annual labor costs are $149,687.04.  Details regarding these estimates may be found in Table 1. (Total Respondent Burden).

		Note that the total annual capital and O&M costs to the regulated entity are $0.  These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

		6(e) Bottom Line Burden Hours Burden Hours And Cost Tables

		The bottom line burden hours and cost tables for both the Agency and the respondents appear below in Table 1.  The annual respondent burden for this collection of information is estimated to average 8 hours per response.  Variations in the Annual Bottom Line?

		6(f) Reasons for Change in Burden

		The decrease in burden from the most recently approved ICR of $65,653 and 990 hours reflects a change in methodology from the prior ICR.  In the prior ICR, burden was assigned on "full respondent" basis and an average number of respondents per year.  In this revised ICR burden is now computed using a five year average of the actual number of new cooperative agreements awarded and the actual number of amendments to those cooperative agreements. This more sophisticated method revealed that the "full (new)" respondent population has decreased, but there is an increased number of total respondents due to the addition of "amendments".   Revisions to pricing factors from the Regions and States modified some prior burden estimates.  New cooperative agreement policies such as the Environmental Results under EPA Assistance Agreements, and the Post Award Monitoring Policy have added a significant burden to annual CA burden hours, therefore 3 hours per CA type (1 hour for amendment CAs) have been added to account for this increased monitoring need.

		6(g) Burden Statement

		Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA's regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.

		To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-SFUND-2004-0008, which is available for public viewing at the OSWER Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue., N.W., Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the OSWER Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  Once in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention: Desk Office for EPA.  Please include the EPA Docket ID Number EPA-HQ-SFUND-2004-0008 and OMB Control Number 2050-0179 in any correspondence.

NOTE:  The EPA Docket Center suffered damage due to flooding during the last week of June 2006.  The Docket Center is continuing to operate.  However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to make hand deliveries or visit the Public Reading Room to view documents.  Consult EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA website at http://www.epa.gov/epahome/dockets.htm for current information on docket operations, locations and telephone numbers.  The Docket Center's mailing address for U.S. mail and the procedure for submitting comments to www.regulations.gov are not affected by the flooding and will remain the same.

Part B of the Supporting Statement

		This part is not applicable because no statistical methods were used in collecting this information.
Table 1: Total Respondent Burden

                                   Activity

                    Average number of respondents per Year
                                  (Full) 2006
                              Unit Burden (Hours)
                           Unit Labor Cost (Dollars)

                           Total Unit Cost (Dollars)

                             Total Burden (Hours)

                             Total Cost (Dollars)
Pre-Remedial CA
                                      New
                                     13.8
                                      10
                                    $37.27
                                    $372.70
                                      138
                                   $5,143.26

                                   Amendment
                                     32.8
                                      8.7
                                    $12.30
                                    $107.01
                                    285.36
                                   $3,509.93
Remedial response CA
                                      New
                                     19.6
                                      23
                                    $37.27
                                    $857.21
                                     450.8
                                  $16,801.32

                                   Amendment
                                      35
                                      13
                                    $12.30
                                    $159.90
                                      455
                                   $5,596.50
Enforcement CA
                                      New
                                     10.8
                                      46
                                    $37.27
                                   $1,714.42
                                     496.8
                                  $18,515.74

                                   Amendment
                                      9.4
                                     12.7
                                    $12.30
                                    $156.21
                                    119.38
                                   $1,468.37
Removal response CA
                                      New
                                      1.8
                                      45
                                    $37.27
                                   $1,677.15
                                      81
                                   $3,018.87

                                   Amendment
                                      1.6
                                      13
                                    $12.30
                                    $159.90
                                     20.8
                                    $255.84
Core program CA
                                      New
                                     17.4
                                      11
                                    $37.27
                                    $409.97
                                     191.4
                                   $7,133.48

                                   Amendment
                                     36.6
                                       6
                                    $12.30
                                    $73.80
                                     219.6
                                   $2,701.08
Support agency CA
                                      New
                                     18.8
                                      11
                                    $37.27
                                    $409.97
                                     206.8
                                   $7,707.44

                                   Amendment
                                      44
                                      5.7
                                    $12.30
                                    $70.11
                                     250.8
                                   $3,084.84
Superfund State Contract
                                      New
                                      4.2
                                      33
                                    $37.27
                                   $1,229.91
                                     138.6
                                   $5,165.62

                                   Amendment
                                      5.4
                                     14.3
                                    $12.30
                                    $175.89
                                     77.22
                                    $949.81
Conclusion of Superfund State Contract
                                      New
                                     41.8
                                       8
                                    $37.27
                                    $298.16
                                     334.4
                                  $12,463.09

                                   Amendment
                                       0
                                      5.3
                                    $12.30
                                    $65.19
                                       0
                                     $0.00
Consolidated funding CA
                                      New
                                      0.4
                                      77
                                    $37.27
                                   $2,869.79
                                     30.8
                                   $1,147.92

                                   Amendment
                                       4
                                      7.7
                                    $12.30
                                    $94.71
                                     30.8
                                    $378.84
Conclusion of CA
                                      New
                                     29.8
                                      16
                                    $37.27
                                    $596.32
                                     476.8
                                  $17,770.34

                                   Amendment
                                       0
                                      5.3
                                    $12.30
                                    $65.19
                                       0
                                     $0.00
Records retention
                                      New
                                     158.4
                                       6
                                    $37.27
                                    $223.62
                                     950.4
                                  $35,421.41

                                   Amendment
                                     168.8
                                      0.7
                                    $12.30
                                     $8.61
                                    118.16
                                   $1,453.37
TOTAL

                                  $149,687.04
TOTAL NUMBER OF RESPONDENTS
                                       *
                                      654
TOTAL BURDEN HOURS*
                                       *
                                   5,072.92
AVERAGE BURDEN HOURS PER RESPONDENT*
                                       *
                                     7.75
TOTAL COST

                                  $149,687.04

	*Amendment respondents are assumed to have only 1/3 of the burden imposed as Full respondents, since the process of amending is not as extensive as it is for a new application for a CA.Table 2: Total Agency Burden

                                   Activity

                    Average number of respondents per Year
                                  (Full) 2006
                              Unit Burden (Hours)
                           Unit Labor Cost (Dollars)

                           Total Unit Cost (Dollars)

                             Total Burden (Hours)

                             Total Cost (Dollars)
Pre-Remedial CA
                                      New
                                     13.8
                                      26
                                    $42.45
                                   $1,103.70
                                     358.8
                                  $15,231.06

                                   Amendment
                                     32.8
                                      8.7
                                    $14.01
                                    $121.89
                                    285.36
                                   $3,997.89
Remedial response CA
                                      New
                                     19.6
                                      39
                                    $42.45
                                   $1,655.55
                                     764.4
                                  $32,448.78

                                   Amendment
                                      35
                                      13
                                    $14.01
                                    $182.13
                                      455
                                   $6,374.55
Enforcement CA
                                      New
                                     10.8
                                      38
                                    $42.45
                                   $1,613.10
                                     410.4
                                  $17,421.48

                                   Amendment
                                      9.4
                                     12.7
                                    $14.01
                                    $177.93
                                    119.38
                                   $1,672.51
Removal response CA
                                      New
                                      1.8
                                      39
                                    $42.45
                                   $1,655.55
                                     70.2
                                   $2,979.99

                                   Amendment
                                      1.6
                                      13
                                    $14.01
                                    $182.13
                                     20.8
                                    $291.41
Core program CA
                                      New
                                     17.4
                                      18
                                    $42.45
                                    $764.10
                                     313.2
                                  $13,295.34

                                   Amendment
                                     36.6
                                       6
                                    $14.01
                                    $84.06
                                     219.6
                                   $3,076.60
Support agency CA
                                      New
                                     18.8
                                      17
                                    $42.45
                                    $721.65
                                     319.6
                                  $13,567.02

                                   Amendment
                                      44
                                      5.7
                                    $14.01
                                    $79.86
                                     250.8
                                   $3,513.71
Superfund State Contract
                                      New
                                      4.2
                                      43
                                    $42.45
                                   $1,825.35
                                     180.6
                                   $7,666.47

                                   Amendment
                                      5.4
                                     14.3
                                    $14.01
                                    $200.34
                                     77.22
                                   $1,081.85
Conclusion of Superfund State Contract
                                      New
                                     41.8
                                      16
                                    $42.45
                                    $679.20
                                     668.8
                                  $28,390.56

                                   Amendment
                                       0
                                      5.3
                                    $14.01
                                    $74.25
                                       0
                                     $0.00
Consolidated funding CA
                                      New
                                      0.4
                                      23
                                    $42.45
                                    $976.35
                                      9.2
                                    $390.54

                                   Amendment
                                       4
                                      7.7
                                    $14.01
                                    $107.88
                                     30.8
                                    $431.51
Conclusion of CA
                                      New
                                     29.8
                                      16
                                    $42.45
                                    $679.20
                                     476.8
                                  $20,240.16

                                   Amendment
                                       0
                                      5.3
                                    $14.01
                                    $74.25
                                       0
                                     $0.00
Records retention
                                      New
                                     158.4
                                       5
                                    $42.45
                                    $212.25
                                      792
                                  $33,620.40

                                   Amendment
                                     168.8
                                      0.7
                                    $14.01
                                     $9.81
                                    118.16
                                   $1,655.42
TOTAL

                                  $207,347.25
TOTAL NUMBER OF RESPONDENTS
                                       *
                                      654
TOTAL BURDEN HOURS*
                                       *
                                   5,941.12
AVERAGE BURDEN HOURS PER RESPONDENT*
                                       *
                                     9.07
TOTAL COST

                                  $207,347.25

	*Amendment respondents are assumed to have only 1/3 of the burden imposed as Full respondents, since the process of amending is not as extensive as it is for a new application for a CA.


[Federal Register: October 19, 2005 (Volume 70, Number 201)]
[Notices]
[Page 60812-60813]
[DOCID:fr19oc05-64]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

October 12, 2005.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER02-1947-006.
    Applicants: Occidental Power Services, Inc.
    Description: Occidental Power Services, Inc submits an amendment to
its 8/1/05 updated market power analysis filing which consists of
Substitute First Revised Sheet No. 1.
    Filed Date: October 4, 2005.
    Accession Number: 20051006-0022.
    Comment Date: 5 p.m. eastern time on Tuesday, October 25, 2005.

    Docket Numbers: ER04-115-004; EL04-47-004; ER04-242-003; EL04-50-
002.
    Applicants: California Independent System Operator Corporation,
Pacific Gas and Electric Company.
    Description: California Independent System Operator Inc submits its
compliance refund report informing FERC of the manner in which they
have calculated the refunds & surcharges due to customers pursuant to
Commission Order issued 02/02/05.
    Filed Date: September 30, 2005.
    Accession Number: 20051005-0130.
    Comment Date: 5 p.m. eastern time on Friday, October 21, 2005.

    Docket Numbers: ER04-449-010.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits its
second Status Report on deliverability analysis.
    Filed Date: October 5, 2005.
    Accession Number: 20051012-0014.
    Comment Date: 5 p.m. eastern time on Wednesday, October 26, 2005.

    Docket Numbers: ER05-1101-002; ER05-1346-001; ER05-1532-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corp submits revised open access
transmission tariff, Sixth Revised Volume No. 5 pursuant to FERC's
September 15, 2005 Order.
    Filed Date: September 30, 2005.
    Accession Number: 20051004-0216.
    Comment Date: 5 p.m. eastern time on Friday, October 21, 2005.

    Docket Numbers: ER05-1229-000 and 001.
    Applicants: Old Dominion Electric Cooperative.
    Description: Old Dominion Electric Cooperative submits a notice of
withdrawal of the application for acceptance of a rate schedule for
providing cost-based Reactive Power and Voltage Control.
    Filed Date: October 5, 2005.
    Accession Number: 20051011-0266.
    Comment Date: 5 p.m. eastern time on Wednesday, October 26, 2005.

    Docket Numbers: ER05-1518-000.
    Applicants: PPM Energy, Inc.
    Description: PPM Energy Energy, Inc on behalf of the City of
Klamath Falls, OR & Klamath Energy, LLC submits its Rate Schedule FERC
No. 2, together with supporting testimony and cost-of-service
schedules.
    Filed Date: September 30, 2005.
    Accession Number: 20051003-0131.
    Comment Date: 5 p.m. eastern time on Friday, October 21, 2005.

    Docket Numbers: ER05-856-002.
    Applicants: Virginia Electric and Power Company.
    Description: Dominion Resources Services, Inc submits a signature
page to be included in Attachment B of the First Revised Service
Agreement 21 for the Purchase of Electricity for Resale.

    Filed Date: October 4, 2005.
    Accession Number: 20051006-0018.
    Comment Date: 5 p.m. eastern time on Tuesday, October 25, 2005.

    Docket Numbers: ER06-6-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas & Electric Co submits proposed changes to
its Second Revised Rate Schedule FERC No. 136 and revision to Appendix
E.
    Filed Date: October 4, 2005.
    Accession Number: 20051006-0092.
    Comment Date: 5 p.m. eastern time on Tuesday, October 25, 2005.

    Docket Numbers: ER06-7-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator Inc
and American Transmission Company LLC submits a notice of cancellation
for the Washington Island Electric Cooperative Service Agreement for
Network Integration Service.
    Filed Date: October 5, 2005.
    Accession Number: 20051006-0090.
    Comment Date: 5 p.m. eastern time on Wednesday, October 26, 2005.

    Docket Numbers: ER06-8-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Co submits Cancellation of
First Revised Sheet Nos. 78 through 121 of FERC Electric Rate Schedule
No. 192 with the City of Williams.
    Filed Date: October 5, 2005.
    Accession Number: 20051006-0091.
    Comment Date: 5 p.m. eastern time on Wednesday, October 26, 2005.

    Docket Numbers: ER06-11-000.
    Applicants: Nevada Power Company
    Description: Nevada Power Co submits a Notice of Cancellation of a
Purchase Power Agreement with Sierra Pacific Power Co designated as
FERC Rate Schedule No. 95.
    Filed Date: October 3, 2005.
    Accession Number: 20051011-0072.
    Comment Date: 5 p.m. eastern time on Monday, October 24, 2005.

    Docket Numbers: ER06-12-000.
    Applicants: Nevada Power Company.
    Description: Nevada Power Co submits a Notice of Cancellation of a
Purchase Power Agreement with Sierra Pacific Power Co designated as
FERC Rate Schedule No. 94.
    Filed Date: October 3, 2005.
    Accession Number: 20051011-0066.
    Comment Date: 5 p.m. eastern time on Monday, October 24, 2005.

    Docket Numbers: ER94-1384-033; ER99-2329-005; ER00-1803-004; ER01-
457-005; ER02-1485-007; ER03-1108-006; ER03-1109-006; ER03-1315-005;
ER04-733-003.
    Applicants: Morgan Stanley Capital Group, Inc.; South Eastern
Electric Development Corp.; South Eastern Generating Corp.; Naniwa
Energy LLC; Power Contract Finance, L.L.C.; Power Contract Financing
II, L.L.C.; Power Contract Financing II, Inc.; MS Retail Development
Corp.; Utility Contract Funding II, LLC.
    Description: Morgan Stanley Capital Group, Inc on behalf of Morgan
Stanley Affiliates submits revised tariff sheets and revised market-
based rate schedule in compliance with FERC's August 31, 2005 Order.
    Filed Date: September 30, 2005.
    Accession Number: 20051005-0022.
    Comment Date: 5 p.m. eastern time on Friday, October 21, 2005.

    Docket Numbers: ER99-3665-005.
    Applicants: Occidental Power Marketing, L.P.
    Description: Occidental Power Marketing, LP submits an amendment to
its August 1, 2005 updated market power analysis.
    Filed Date: October 4, 2005.
    Accession Number: 20051006-0023.
    Comment Date: 5 p.m. eastern time on Tuesday, October 25, 2005.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other and the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5753 Filed 10-18-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65233-65234]
[FR Doc No: 2012-26254]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copy Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Form N-8A;
    OMB Control No. 3235-0175, File No. 270-135.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    The Investment Company Act of 1940, as amended (``1940 Act'') (15
U.S.C. 80a-1 et seq.), requires investment companies to register with
the Commission before they conduct any business in interstate commerce.
Section 8(a) of the 1940 Act provides that an investment company shall
be deemed to be registered upon receipt by the Commission of a
notification of registration in such form as the Commission prescribes.
Form N-8A (17 CFR 274.10) is the form for notification of registration
that the Commission has adopted under section 8(a). The purpose of such
notification of registration provided on Form N-8A is to notify the
Commission of the existence of investment companies required to be
registered under the 1940 Act and to enable the Commission to
administer the provisions of the 1940 Act with respect to those
companies. After an investment company has filed its notification of
registration under section 8(a), the company is then subject to the
provisions of the 1940 Act which govern certain aspects of its
organization and activities, such as the composition of its board of
directors and the issuance of senior securities. Form N-8A requires an
investment company to provide its name, state of organization, form of
organization, classification, the name and address of each investment
adviser of the investment company, the current value of its total
assets and certain other information readily available to the
investment company. If the investment company is filing a registration
statement as required by Section 8(b) of the 1940 Act concurrently with
its notification of registration, Form N-8A requires only that the
registrant file the cover page (giving its name, address and agent for
service of process) and sign the form in order to effect registration.
    Each year approximately 130 investment companies file a
notification on Form N-8A, which is required to be filed only once by
an investment company. The Commission estimates that preparing Form N-
8A requires an investment company to spend approximately 1 hour so that
the total burden of preparing Form N-8A for all affected investment
companies is 130 hours. Estimates of average burden hours are made
solely for the purposes of the Paperwork Reduction Act, and are not
derived from a comprehensive or even a representative survey or study
of the costs of Commission rules and forms.
    The collection of information on Form N-8A is mandatory. The
information provided on Form N-8A is not kept confidential. 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.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through use of automated collection techniques
or other forms of information technology. Consideration will be given
to comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon,

6432 General Green Way, Alexandria, VA 22312; or send an email to:
<EMAIL_ADDRESS>
    Dated: October 19, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-26254 Filed 10-24-12; 8:45 am]
BILLING CODE 8011-01-P