1 SUPPORTING STATEMENT FOR INFORMATION COLLECTION REQUEST NUMBER 0938.11 ( 2030 0020) " GENERAL ADMINISTRATIVE REQUIREMENTS FOR ASSISTANCE PROGRAMS"

1. Identification of the Information Collection This is a request for a renewal of an existing Information Collection Request ( ICR) due to expire on December 31, 2005. This ICR authorizes the collection of information under EPA's General Regulation for Assistance Programs that establishes the minimum management requirements for all recipients of EPA grants or cooperative agreements ( assistance agreements). 40 CFR Part 30, " Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non Profit Organizations," establishes the management requirements for institutions of higher education, hospitals, and other nonprofit organizations, as well as procurement requirements for non governmental recipients. 40 CFR Part 31, " Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," includes the management requirements for States, local governments, and Indian Tribal governments. These regulations include only those provisions mandated by statute, required by Office of Management and Budget ( OMB) Circulars, or added by EPA to ensure sound and effective financial assistance management.

In addition, under Executive Orders 11625, 12138, and 12432, EPA is required to promote and report on programs to assist minority and women owned enterprises. Under P. L. 101 507 and P. L. 102 389, EPA is required to set aside funds for socially and disadvantaged individuals/ firms under the Small Business Act, 15 U. S. C. 537( a) ( 5) and ( 6). This ICR combines all of these requirements under OMB Control Number 2030 0020. EPA award officials will use the information required by these regulations to make assistance awards, to make assistance payments, and to verify that the recipient is using Federal funds appropriately to comply with Federal requirements.

In approving the previous ICR on EPA's General Regulation for Assistance Programs ( i. e., ICR Number 0938.10), OMB issued terms of clearance relating to EPA's Administrative Capability Questionnaire. ICR Number 0938.10 was approved by OMB for a one year pilot of the questionnaire, as requested by EPA. In its terms of clearance, OMB specified that, in renewing the ICR, EPA should provide an evaluation of the pilot, including the effectiveness of the questionnaire and the estimated burden for respondents. OMB also reminded EPA that the pre award procedure covered by the ICR was in advance of a Government wide effort to streamline grant applications under the Federal Financial Assistance Management Improvement Act, Public Law 106 107. As such, information collections like the questionnaire must adhere to the Government wide grant application procedures as they become available. In the interim, EPA was encouraged to share the data requirements of the Administrative Capability Questionnaire with members 2 of the Government wide Grants. gov initiative, especially regarding the Grants. gov APPLY function.

In response to these terms of clearance, EPA describes the questionnaire, including the pilot, in Section 3.( 1) of this document. Specifically, EPA discusses the purpose and effectiveness of the questionnaire and the burden to respondents. EPA also discusses how the information is used by the Agency and grantees and why the information is essential to the program's mission. EPA understands the requirements of Public Law 106 107 and ensures that its information collections adhere to the Government wide grant application procedures as they become available. EPA shares the data requirements of its information collections, including the questionnaire, with all appropriate stakeholders ( including members of the Government wide Grants. gov initiative, especially regarding the Grants. gov APPLY function). Please refer to Section 5( b) of this document for additional information on EPA's compliance under Public Law 106 107.

2. Need For/ Use of the Collection 2( a) Need. This ICR is necessary because of the information collection and reporting requirements included in EPA regulations 40 CFR Parts 30 and 31. These regulations implement OMB Circulars A 21, A 87, A 102, A 110, A 122, A 128, and A 133. These regulations set forth the pre award, post award, and after the grant requirements. This information is needed by EPA project officers, grant specialists, and finance officials to manage/ oversee recipient programmatic and financial performance under all EPA assistance agreements.

2( b) Use. The pre award information is used to qualify and select grant/ cooperative agreement applicants for funding. The post award information is used to meet the statutory and regulatory requirements and monitor recipient performance. The after thegrant information is used to meet reporting and recordkeeping requirements and to close out awards. The information is necessary to ensure minimum fiscal control and accountability for EPA funds and to deter waste, fraud, and abuse.

3. Description of EPA Grant Forms The following identifies the application forms and non form reporting requirements contained in this regulation. Clearance for some of these requirements has been requested or approved under a separate clearance package. A detailed justification for each reporting requirement immediately follows. Burden estimates for EPA forms are summarized in Exhibit A.

( 1) The " EPA Administrative Capability Questionnaire" is completed by non profit organizations seeking EPA grant awards of more than $ 200,000. Based on the information provided, EPA assesses the adequacy of an applicant's administrative and 3 financial management systems ( i. e., administrative capability) and determines whether to award the grant. Applicants that provide information that demonstrates that they are administratively and financially capable are " certified" for the next four years. The questionnaire is necessary because it assists organizations identify potential system weaknesses and compliance problems and correct them before grant award. This helps applicants avoid potential EPA corrective actions ( e. g., freezing grant funds) which could place their project in jeopardy.

In 2004, we conducted 267 post award administrative reviews of recipients, which resulted in 127 or 48% reviews with findings. In response to concerns about EPA's oversight of non profit recipients raised in Congressional Hearings and by the Government Accountability Office, as well as EPA's Office of Inspector General, EPA prepared the Administrative Capability Questionnaire to be used in the pre award review process.

In January 2005, EPA conducted two pilot tests of the questionnaire. The tests were designed to evaluate whether the questionnaire would provide information to enable the Agency to effectively evaluate the ability of prospective applicants to comply with applicable EPA and OMB requirements. Based on the completed questionnaires, EPA identified a total of eight weaknesses in the two organizations in the pilot tests. These weaknesses included deficiencies in administrative/ accounting procedures ( e. g., withdrawal/ payment of funds, determination of allowable costs), property/ procurement procedures ( e. g., lack of an established written policy for procurements), and personnel/ travel procedures ( e. g., missing code of conduct and fringe benefit policy). From the pilot tests, EPA has concluded that the questionnaire provides information that is needed by the Agency to evaluate prospective applicants so that weaknesses/ deficiencies are corrected before grants are awarded.

Because of the success of the pilots, EPA has continued to use the questionnaire. As of September 28, 2005, EPA has used the form to evaluate 87 organizations, resulting in a total of 140 weaknesses/ deficiencies identified.

We estimate that the form will impose 4 burden hours on the applicant and 3 burden hours on EPA. EPA notes that, because use of the form and reviews have been so fruitful, we are considering lowering the $ 200,000 threshold to $ 100,000, which would pick up another 100 grantees and expand the respondent burden from 400 to 800 burden hours. Further, we would like to apply the pre award review process under certain special conditions ( e. g., high risk recipients and to other applicants below these thresholds in special circumstances). We estimate that this could result in additional recipient burden hours of approximately 80.

( 2) EPA Form 4700 4, " Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance" is used to collect information that enables EPA to determine 4 whether applicants are developing projects, programs, and activities on a nondiscriminatory basis. We estimate that this form will impose 0.5 burden hour on the applicant and 0 burden hours on EPA.

( 3) EPA Form 5700 53, " Lobbying and Litigation Certification for Grants and Cooperative Agreements," is used to certify that EPA funds have not been used for lobbying of the Federal government or in litigation against the United States unless authorized under existing law. We estimate that this form imposes 0.08 burden hour on the applicant and 0 burden hours on EPA.

( 4) EPA Form 5700 54, " Key Contacts Form," is used to collect contact information for individuals responsible for various aspects of the proposed work, including authorized representatives, administrative contacts, and individuals completing the work. We estimate that this form imposes 0.5 burden hour on the applicant and 0 burden hours on EPA.

( 5) EPA Form 5770 2, " Fellowship Application," is the basic application form and requires information on the applicant's educational and work experience background. We estimate that this form imposes 3 burden hours on the applicant and 3 burden hours on EPA.

( 6) EPA Form 5770 3, " Fellowship Facilities and Commitment Statement," requires information about the institution that will sponsor the applicant, the sponsor's summarized plans for the applicant's training, and the institution's commitment to provide that training. We estimate that this form imposes 1 burden hour on the applicant and 1 burden hour on EPA.

( 7) EPA Form 5770 4, " Fellowship Applicant Qualifications Inquiry," asks for comments on the applicant's qualifications for a fellowship in the pollution control and abatement area. The form also asks the respondent to provide an overall evaluation of the applicant. We estimate that this form imposes 3 burden hours on the applicant and 0.25 burden hour on EPA.

( 8) EPA Form 5770 5, " Agency Fellowship Certification," is used by applicants who are current or prospective employees of a regional, State, or local environmental pollution control or regulatory agency. The form asks the agency director or designee for the kind of help ( financial, leave of absence, etc.) the agency will be providing the applicant if he receives an EPA fellowship. We estimate that this form imposes 0.5 burden hour on the applicant and 0.5 burden hour on EPA.

( 9) EPA Form 5770 7, " EPA Fellowship Activation Notice," is used by EPA to inform EPA's Regional Services Staff to begin payment on the fellowship award. We estimate that this form imposes 0.5 burden hour on the recipient and 0.5 burden hour on EPA. 5 ( 10) EPA Form 5770 8, " Fellowship Agreement," contains the terms of the fellowship agreement, and is used by the applicant to formally accept an EPA fellowship. We estimate that this form imposes 1 burden hour on the recipient and 1 burden hour on EPA.

( 11) EPA Form 5770 9, " EPA Fellowship Termination Notice," is used to officially terminate the fellowship. The form requires the recipient to provide EPA with two reprints of any publication work done under the fellowship, when available, and asks for constructive criticism from the recipient or his sponsor on EPA's fellowship program. We estimate that this form imposes 1 burden hour on the recipient and 1 burden hour on EPA.

( 12) The " Lobbying Cost Certificate for Indirect Costs" form is completed by grant recipients and contains the certification required by OMB Circular A 122. The form is used by EPA to ensure compliance with the requirements and standards on lobbying costs in OMB Circular A 122. We estimate that this form will impose 0.25 burden hour on the recipient and 0.17 burden hour on EPA.

( 13) NCER Form 5, " Current and Pending Support," is used by EPA to determine whether the principal investigator has available capability to handle the additional workload proposed by EPA under the grant. We estimate that this form will impose 0.5 burden hour on the applicant and 0.25 burden hour on EPA.

( 14) NCER Form 3212, " Itemized Budget for EPA STAR Grant Applications," is used by applicants to provide detailed information on their proposed budget. The form is used by EPA to evaluate the appropriateness and/ or adequacy of the proposed budget and its implications for the potential success of the proposed research. The itemized budget also provides the Agency with enough detail to allow project officers to determine if the proposed budget meets EPA and OMB requirements. We estimate that this form will impose 1 burden hour on the applicant and 0.5 burden hour on EPA.

( 15) SF 269, " Financial Status Report." This form is for recipients to report the status of funds for non construction projects or programs. OMB requires that recipients submit a SF 269 at the completion of each project. We estimate that this form imposes 0.5 burden hour on the recipient and 2 burden hours on EPA.

( 16) SF 270, " Request for Advance or Reimbursement." This is the standard form prescribed by OMB Circular A 102 for recipients to use to request advances or reimbursement on all non construction programs when the advance payment or reimbursement methods are used. We estimate that this form will impose 1 burden hour on the recipient and 1.5 burden hours on EPA.

( 17) SF 271, " Outlay Report and Request for Reimbursement for Construction Programs." This is the standard form prescribed by OMB Circular A 102 for recipients of a 6 construction grant to request reimbursements. We estimate that this form imposes 1 burden hour on recipients and 0.5 burden hour on EPA.

( 18) SF 272, " Federal Cash Transactions Report." This is the standard form prescribed by OMB Circular A 102 for recipients to report cash transactions when the Automated Clearinghouse payment method is used. We estimate that this form imposes 2 burden hours on the recipient and 2 burden hours on EPA.

( 19) SF 424, " Application for Federal Assistance," is used by States, local governments, and Federally recognized Indian Tribal governments to apply for Federal financial assistance. SF 424 requires basic information about the applicant ( name, address, telephone number, type of applicant, etc.), including a list of sources of proposed funding and a description of the proposed project. Supplemental information is provided in SF 424A, " Budget Information  Non Construction Programs," SF 424B, " Assurances  Non Construction Programs," SF 424C, " Budget Information  Construction Programs," and/ or SF 424D, " Assurances  Construction Programs," as applicable.

We estimate that, collectively, these forms will impose 4 burden hours on the recipient and 5 burden hours on EPA.

( 20) The SF LLL, " Disclosure of Lobbying Activities," is used by applicants to disclose lobbying activities that have been secured to influence the outcome of a Federal action ( e. g., contract, grant, cooperative agreement, etc.). We estimate that this form will impose 0.17 burden hour on the recipient and 0 burden hours on EPA.

4. Reporting and Recordkeeping Requirements ( 1) SECTIONS 30.22 and 31.21 require recipients to establish a separate bank account if the recipient uses the Automated Clearing House ( ACH) method of payment ( Treasury Circular 1075, as revised). EPA uses the ACH method to pay 401 recipients. We estimate the ACH payment method imposes 2 burden hours on the recipient and 1 burden hour on EPA.

( 2) SECTIONS 30.50 & 52 and 31.42 require recipients to establish an official record file for each assistance award to track how the recipient uses the project funds, to account for property purchased under the award or used as part of any in kind contributions, to maintain time records, and to document compliance with applicable statutes and regulations. We estimate that this requirement imposes 5 burden hours on the recipient and 1 burden hour on EPA.

The EPA Office of Grants and Debarment, Grants Administration Division has developed various instruments to assist the Agency in information collection and reporting requirements needed by EPA project officers, grant specialists, and finance officials to 7 manage and oversee recipient's programmatic and financial performance under all EPA assistance agreements. One set of these management instruments are used to assist EPA in evaluating the financial, technical, and administrative management systems of recipients through desk reviews and/ or on site visits. These evaluations focus on a recipient institutions' financial, personnel, property, and procurement records, systems, and procedures. Information is gathered and evaluated to ensure that recipients are complying with applicable State and Federal laws concerning employment, procurement, and recordkeeping procedures. The information is also used to confirm that recipients are staffing their institutions with personnel qualified to perform the tasks necessary to implement the agreement. We estimate that less than 10% of the recipients will complete these reviews. For those who do complete these reviews, we estimate 2 burden hours on the recipient and 2 burden hours on EPA.

EPA project officers may use another evaluation instrument to perform reviews that pertain to programmatic components of assistance agreements. This second type of evaluation focuses on reviewing information that can help assess recipients' activities and progress toward meeting the goals and objectives outlined in the assistance agreements. Programmatic reviews also ensure that the work to be performed under the agreement is on schedule, within budget, and consistent with the agreements' relevant programmatic regulation and/ or programmatic terms and conditions. We estimate that about 8% of the recipients will complete these reviews. For those who do complete these reviews, we estimate 1 burden hour on the recipient and 1 burden hour on EPA.

The extent of the information gathered and reviewed through these two types of instruments will vary according to the size and scope of each agreement. Complex agreements that involve large financial grants and entail extensive staffing and complex tasks will require a greater degree of review and evaluation. Regardless of the size or complexity of the assistance agreement, these review instruments create a framework that allows EPA to ensure the sound and effective management of assistance agreements.

( 3) SECTIONS 30.54 and 31.45 require recipients to develop and implement quality assurance practices that meet project objectives and minimize loss of data due to out of control conditions or malfunctions. This requirement was cleared under a separate submission ( OMB Control No. 2000 0403).

( 4) SECTIONS 30.51 and 31.40 require recipients to submit interim and final progress reports, if required. EPA uses the interim progress reports to determine progress in relation to the approved schedule and project milestones during the project. The final progress report summarizes all of the work on the project and the extent to which the recipient has met the project's objectives. We estimate that this requirement imposes a total of 6.5 burden hours on the recipient and 4 burden hours on EPA. 8 ( 5) SECTION 30.36 requires recipients to submit invention reports after completion of each project. This requirement will be cleared under a separate ICR. ( Part 31 does not address inventions.)

( 6) SECTIONS 30.33 and 31.32 require recipients to submit an inventory report on all Federally owned property used on a project. We estimate that 5% of EPA funded projects use Federally owned property, and that this requirement imposes 4 burden hours on those recipients and 1 burden hour on EPA.

( 7) SECTIONS 30.21 and 31.20 require the recipient to maintain a financial management system that consistently applies accepted accounting principles and practices. To be eligible for an assistance award, the recipient must have an adequate financial management system that provides efficient and effective accountability and control of all property, funds, and assets. Therefore, the burden this requirement imposes is the additional time a recipient must spend to maintain the system for an EPA award. We estimate this to be 2 burden hours on recipients and 1 burden hour on EPA.

OMB Circular A 133 requires that State and local government recipients perform an audit of their Federal assistance agreements every year unless there is a statutory provision allowing an audit every two years. The audit is required to determine compliance with generally accepted accounting practices and with EPA program requirements. We estimate that this audit will impose 2 burden hours on the recipient and 0 burden hours on EPA.

The reporting and record requirements burden estimates of Sections 30.25 through 31.36( h) ( below) are not listed in Exhibit A due to low frequency of applicability and / or minimal response burden to applicants and recipients of EPA grants.

( 8) SECTIONS 30.25 and 31.32 require recipients to obtain the award officials approval before purchasing property or equipment with a unit acquisition cost of $ 5,000 or more.

We estimate that this requirement applies to about 20% of the non construction assistance recipients, and that this requirement imposes 3 burden hours on those recipients and 2 burden hours on EPA.

( 9) SECTIONS 30.30  37 and 31.32 require recipients to comply with specific property management standards. The recipient is required to keep accurate records and carry out a physical inventory of property and reconcile the results, at least every two years. We estimate that this requirement imposes 3 burden hours on the recipient and 2 burden hours on EPA.

( 10) SECTIONS 30.34, 35 & 36 and 31.32, 33 & 34 contain requirements on how recipients are to dispose of Federally funded personal property. We estimate that about 2% of the 9 projects on which the recipient purchases property involve personal property disposal actions, and that this requirement imposes 3 burden hours on recipients and 2 burden hours on EPA.

( 11) SECTIONS 30.32 and 31.31 contain requirements on how recipients purchase and dispose of real property. We estimate that this requirement imposes 4 burden hours on recipients and 2 burden hours on EPA.

( 12) SECTIONS 30.33 and 31.32 contain the requirements on how recipients are to manage Federally owned property. We estimate that this requirement affects only 1% of the projects, and imposes 2 burden hours on those recipients and 2 burden hours on EPA.

( 13) SECTIONS 30.4 and 31.6 contain the requirements recipients must follow to request a deviation from an EPA regulation. Only 5% of all recipients request deviations. We estimate that a deviation imposes 8 burden hours on the recipient and 8 burden hours on EPA.

( 14) SECTIONS 30.63 and 40 CFR 31 Subpart F contain the procedures the recipient must follow to appeal an assistance agreement dispute between the recipient and the award official. We estimate that this requirement imposes 16 burden hours on the recipient and 16 burden hours on EPA. Less than 1% of EPA grant awards result in disputes.

( 15) SECTIONS 30.40  48 and 31.36 contain the procurement requirements recipients must follow. We estimate that this requirement imposes 0.5 burden hour on the recipient and 0.5 burden hour on EPA.

( 16) SECTION 31.11 requires recipients to follow 40 CFR Part 29, which implements Executive Order 12372, " Intergovernmental Review of Federal Programs," revokes OMB Circular A 95, and establishes new procedures for intergovernmental reviews. OMB has determined that the new requirements are not subject to the reporting burden clearance process.

( 17) SECTION 31.36( h) contains the bonding and reporting requirements recipients must follow. We estimate that this requirement imposes 0.5 burden hour on the recipient and 1 burden hour on EPA.

5. Respondents and Information Requested 5( a). The primary recipients of EPA grants are State and local governments, Indian Tribes, educational institutions, and not for profit institutions. The information requested is used to make awards, pay recipients, and collect information on how Federal funds are being spent. 10 5( b). Grants. gov, originally called the E Grants Initiative, was a mandate of the President's Fiscal Year 2002 Management Agenda, which directed agencies to "  allow applicants for Federal Grants to apply for and ultimately manage grant funds online through a common Web site, simplifying grants management and eliminating redundancies."

Grants. gov implements the requirement in the Federal Financial Assistance Management Improvement Act, Public Law 106 107, to develop a simple, unified source to electronically find, apply, and manage grant opportunities. Grants. gov is the central Federal electronic portal envisioned by the Act. EPA's support and adoption of Grants. gov will be a major factor in maintaining the Agency's " green" rating under the President's Balanced Scorecard.

Grants. gov Apply allows an applicant to download a proposal/ application package from Grants. gov and complete the package offline based on agency instructions. The proposal/ application package of forms generally includes a standard set of core data elements based on the updated version of the SF 424. After an applicant completes the required proposal/ application package of forms, they can be submitted electronically to Grants. gov, which transmits the proposal/ application to the funding agency.

The Office of Grants and Debarment has constructed a Grants. gov Application Database ( EAPPLY) that receives the proposal/ application data and stores them for program retrieval or review. As proposals/ applications are selected for funding, the data will migrate to the associated Integrated Grants Management System database for eventual award.

For Fiscal Year 2005, EPA is required to provide the option of Grants. gov Apply electronic submission in at least 25% of its competitive grant announcements posted on Grants. gov Find. It must also receive a minimum of 300 proposals/ applications electronically through Grants. gov Apply. The Agency has already met both of these requirements.

Standard Industrial Classification Codes for respondents include 8211, 8221, 8399, and 919. The corresponding North American Industry Classification System ( NAICS) Codes for respondents include 61111, 61131, 813212, 813219, 813311, 813312, 813319 and 92119.

5( c). See attached forms for specific data elements ( Exhibit B). 11 6. The Information Collected  Agency Activities, Collection Methodology, and Information Management 6( a). These data collection forms are reviewed periodically to identify and eliminate duplication in reporting requirements. Similar information is simply not available elsewhere.

6( b). Most of the information will be collected using standardized reports and appropriate recordkeeping. This information is entered into IGMS, the Integrated Grants Management System, the Agency's database for tracking the status of grant/ cooperative actions.

6( c). These reports are reviewed in accordance with the requirements of 40 CFR Parts 30 and 31. The Agency also conducts periodic on site reviews to ensure recipient compliance with applicable requirements. Recipients are required to retain all records for three years following submission of the final Financial Status Report.

7. Nonduplication, Consultations, and other Collection Criteria 7( a). There is no other source for this information.

7( b). Administering EPA grants requires constant recipient contact ( e. g. written, telephone, face to face, etc.). The EPA Grants Administration Division ( GAD) is both sensitive and responsive to recipient concerns involving burden, duplication, availability of data, clarity of instructions, etc. GAD is continually revising EPA grant forms in response to recipient concerns. Frequent applicant and recipient feedback and informal consultations have been a significant part of EPA grant forms evaluation. These contacts have been particularly useful in developing burden estimates. However, the bulk of recipient burden involves completing Federal Standard Forms ( e. g., SF 424). All of the basic information requirements under these regulations have already been subject to considerable comment by recipients through OMB's revisions to Circular A 102.

7( c). No less frequent collection is possible in accordance with OMB requirements.

7( d). The information collection is consistent with 5 CFR 1320.5( d)( 2).

7( e). To minimize the burden on small businesses, the application form was re written prior to the last ICR submission to make it easier to understand. These regulations were written to make it easier to understand and to eliminate procedural requirements. Therefore, all organizations will benefit from the " plain English" wording and will benefit because they can use their own procedures to satisfy EPA requirements. 1 $ 36.28 represents the average wage rate of several occupations expected to apply for grants or fellowships. 1.40 represents a 40% rate for benefits. This figure is derived from Table 1. Civilian Workers, by Major Occupation Group; Management, Professional, and Related found in the Bureau of Labor Statistics New Release, " Employer Costs for Employee Compensation  March 2005."

2 $ 14.95 represents the average hourly wage rate of two administrative/ clerical positions.

12 7( f). No pledge of confidentiality is given for applicant responses and no sensitive information is collected under this ICR.

7( g). Consultations  we have received continuous feedback from recipients on this information collection.

8. Estimating the Burden and Cost of the Collection 8( a). An estimation of the burden hours per requirement is included in Exhibit A.

Type of Information Collection Number of Respondents Competed Grants Unsuccessful Applications 1,474 Awards 1,744 Not Competed Grant Awards 1,898 Fellowship Awards 989 TOTAL 6,105 8( b). RECIPIENTS: The total burden hours for recipients is 108,887. 108,887 hours divided by 6,105 respondents = 18 hours per respondent.

EPA estimates that 80% of these 18 hours will be used by the applicant ( 14 hours) and the remaining 20% by secretarial/ clerical staff ( 4 hours).

Therefore: Applicant Wage Rate: $ 36.28 1 x 1.40 = $ 50.79 Secretarial/ Clerical Support Wage Rate: $ 14.95 2 x 1.40 = $ 20.93 Thus: 6,105 respondents x 14 hours x $ 50.79 = $ 4,341,021 and 6,105 respondents x 4 hours x $ 20.93 = $ 511,111.

Total: $ 4,852,132 ( labor costs) 3 The 2005 average hourly rate for General Schedule ( GS)  11, Step 9 ($ 27.46) was used to estimate burden costs for EPA. This was also fully burdened ( x 40%), yielding a wage rate of $ 38.44.

13 8( c). FEDERAL: The total burden hours for EPA is hours 79,622. 79,622 divided by 6,105 respondents = 13 hours per respondent for EPA.

Thus: 6,105 respondents x 13 hours x $ 38.44 3 = $ 3,050,791 ( labor costs)

8( d). Bottom Line Burden Estimate.

Total burden hours for recipients = 108,887 Total burden hours for EPA = 79,622 Reasons for change in burden:

The overall respondent burden has decreased from the previous ICR by 67,682 hours ( i. e., from 176,569 hours to 108,887 hours). As shown in the table below, this change has occurred for several reasons.

EPA carefully reviewed the set of grant and fellowship forms covered in the ICR. Based on this review, the Agency removed five forms ( i. e., EPA Form 5700 20A, EPA Form 5700 20B, EPA Form 5700 30, EPA Form 5700 49, and EPA Form 5700 52A) and added three forms ( i. e., " Lobbying Cost Certificate for Indirect Costs," NCER Form 5, and NCER Form 3212). These program changes resulted in a decrease of 65,287 hours.

In addition, EPA made several adjustments to its burden and respondent assumptions, which resulted in a decrease of 2,395 hours: ° Modified the burden hour estimates associated with some of the information collections covered in this ICR to better reflect the burden imposed on respondents. For example, EPA:  Decreased burden as a result of its efforts to both streamline and automate the grants process. Working in the spirit of the President's " e. gov" initiatives, namely " Grants. gov." and " Grants Management Line of Business", EPA has successfully incorporated the streamlining efforts into its current automated grants process. EPA expects respondents to increasingly submit their proposals/ applications electronically, to thereby reduce their burden further.  Increased the burden hours associated with the collection of information on expected environmental outcomes/ results under sections 30.50, 30.51, 30.52, 31.40, and 31.42. ° Updated its estimates of the number of respondents in the ICR to reflect updated tracking data. For example, EPA estimated a decrease in the annual number of fellowships to be awarded, from 1,500 in the previous ICR to 989 in this ICR. 14 Type of Change Hours Program Changes EPA 5700 20A, " EPA Grant Assistance Agreement"  1,800.00 EPA 5700 20B, " Grant Amendment"  1,800.00 EPA 5700 30, " Pre Application for Federal Assistance"  58,900.00 EPA 5700 49, " Certification Regarding Debarment, Suspension, and Other Responsibility Matters"  1,500.00 EPA 5700 52A, " MBE/ WBE Form"  3,600.00 " Lobbying Cost Certificate for Indirect Cost" 363.00 NCER Form 5, " Current and Pending Support" 650.00 NCER Form 3212, " Itemized Budget for EPA STAR Grant Applications" 1,300.00 Subtotal: Program Changes  65,287.00 Adjustments  2,395.00 Net Change in Burden  67,682.00 Deleted Forms Added Forms The net effect of these changes was a decrease in burden of 67,682 hours from the previous ICR.

Changes in Respondent Burden 8( e). Without the data compiled by the use of these grant forms, it would be impossible for EPA to manage any of its Federal assistance programs. Rational, fair grant awards would be extremely difficult to make, and financial and technical managerial information would not be available to judge the status of grant efforts. Lessening the frequency of data collection would have similar negative impacts.

9. Start up/ Capital Costs and Operation and Maintenance Costs  Start up costs for EPA grant applications and associated forms are minimal and are part of customary and usual recipient business expenses. There are no capital costs related to EPA grant applications and related reporting requirements. Therefore, total start up and capital costs are zero ( 0). There are no O& M costs required.

10. Special Circumstances for Change  Not applicable  There are currently no special circumstances that would cause EPA grants information collection efforts to change.

11. Federal Register Announcement  The attached copy of the EPA notice ( Exhibit C) was published on page 41398 of the July 19, 2005 Federal Register. No comments were received in response to this announcement.

12. Burden Statement  The annual public reporting and recordkeeping burden for this collection of information is estimated to average 18 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, 15 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.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA HQ OARM 2005 0001, which is available for public viewing at the Office of Environmental Information Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Office of Environmental Information Docket is ( 202) 566 1752. An electronic version of the public docket is available online at www. regulations. gov. Use 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 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, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the Docket ID No. EPA HQ OARM 2005 0001. A 1 EXHIBIT A ESTIMATE OF EPA ASSISTANCE AGREEMENT AWARDS OF FY 2004 Type of Information Collection Number of Respondents Competed Grants Unsuccessful Applications 1,474 Awards 1,744 Not Competed Grant Awards 1,898 Fellowship Awards 989 TOTAL 6,105 The above estimates were used to determine the number of actions per year for each of the following reporting requirements.

BURDEN HOURS PER REPORTING REQUIREMENT NOTES: Column D = A x B x C Column F = A x B x E * The core requirements for the form includes 3,417 respondents per year.

** SF LLL is required only for grants $ 100,000 and over.

Burden estimates for analyzing, processing, and maintaining EPA grant forms were derived from EPA employees directly responsible for day to day grant operations. Employee estimates were obtained shortly after forms were approved for use and have been modified to reflect out grant processing streamlining efforts.

Reporting and recordkeeping requirement burden estimates for Sections 30.25 thru 33.211 of 40 CFR are not listed in Exhibit A due to the low frequency or applicability and/ or minimal response burden to applicants and recipients of EPA grants. A 2 Information Collection Requirement A B C D E F Actions per Year Submissions per Agreement Burden Hours per Action Total Burden Hours for Recipients Burden Hours for EPA Total Burden Hours for EPA " EPA Administrative Capability Questionnaire" 200 1 4 800 3 600 EPA Form 4700 4, " Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance" 3,417 1 0.5 1,709 0 0 EPA Form 5700 53, " Lobbying and Litigation Certification for Grants and Cooperative Agreements" 3,417 1 0.08 273 0 0 EPA Form 5700 54, " Key Contacts Form" 3,417 1 0.5 1,709 0 0 EPA Form 5770 2, " Fellowship Application" 989 1 3 2,967 3 2,967 EPA Form 5770 3, " Fellowship Facilities and Commitment Statement" 989 1 1 989 1 989 EPA Form 5770 4, " Fellowship Applicant Qualifications Inquiry" 989 1 3 2,967 0.25 247 EPA Form 5770 5, " Agency Fellowship Certification" 989 1 0.5 495 0.5 495 EPA Form 5770 7, " EPA Fellowship Activation Notice" 152 1 0.5 76 0.5 76 EPA Form 5770 8, " Fellowship Agreement" 152 1 1 152 1 152 EPA Form 5770 9, " EPA Fellowship Termination Notice" 152 1 1 152 1 152 " Lobbying Cost Certificate for Indirect Costs" 1,450 1 0.25 363 0.17 247 NCER Form 5, " Current and Pending Support" 1,300 1 0.5 650 0.25 325 NCER Form 3212, " Itemized Budget for EPA STAR Grant Applications" 1,300 1 1 1,300 0.5 650 * SF 269, " Financial Status Report" 3,417 2 0.5 3,417 2 13,668 SF 270, " Request for Advance or Reimbursement" 475 4 1 1,900 1.5 2,850 SF 271, " Outlay Report and Request for Reimbursement for Construction Programs" 190 4 1 760 0.5 380 SF 272, " Federal Cash Transactions Report" ( ACH Payment System) 105 4 2 840 2 840 SF 424, " Application for Federal Assistance" ( including SF 424A, SF 424B, SF 424C, and SF 424D) 3,816 1 4 15,264 5 19,080 ** SF LLL, " Disclosure of Lobbying Activities" 949 1 0.17 161 0 0 40 CFR 30.22 and 31.21 Establish separate bank account  ACH Payment System 401 1 2 802 1 401 Information Collection Requirement A B C D E F Actions per Year Submissions per Agreement Burden Hours per Action Total Burden Hours for Recipients Burden Hours for EPA Total Burden Hours for EPA A 3 40 CFR 30.50 and 52 and 31.42 Keep records 3,417 1 5 17,085 1 3,417 40 CFR 30.50 and 52 and 31.42 Completion of desk review protocol 95 1 2 190 2 190 40 CFR 30.50 and 52 and 31.42 Completion of on site protocol 340 1 2 680 2 680 40 CFR 30.50 and 52 and 31.42 Completion of project officer protocol 285 1 1 285 1 285 40 CFR 30.51 and 31.40 Submit progress reports 1,709 4 6.5 44,434 4 27,344 40 CFR 30.33 and 31.32 Report on Federally owned property 171 1 4 684 1 171 40 CFR 30.21 and 31.20 Maintain financial management system 3,417 1 2 6,834 1 3,417 Meet OMB Circular A 133 Audit Requirement 475 1 2 950 0 0 Total 38,175 42 52.00 108,887 35.17 79,622 B 1 EXHIBIT B EPA GRANT FORMS Forms covered in this ICR include:

° " EPA Administrative Capability Questionnaire"

° EPA Form 4700 4, " Preaward Compliance Review Report for All Applicants Requesting Federal Financial Assistance"

° EPA Form 5700 53, " Lobbying and Litigation Certification for Grants and Cooperative Agreements"

° EPA Form 5700 54, " Key Contacts Form"

° EPA Form 5770 2, " Fellowship Application"

° EPA Form 5770 3, " Fellowship Facilities and Commitment Statement"

° EPA Form 5770 4, " Fellowship Applicant Qualifications Inquiry"

° EPA Form 5770 5, " Agency Fellowship Certification"

° EPA Form 5770 7, " EPA Fellowship Activation Notice"

° EPA Form 5770 8, " Fellowship Agreement"

° EPA Form 5770 9, " EPA Fellowship Termination Notice"

° " Lobbying Cost Certificate for Indirect Costs"

° NCER Form 5, " Current and Pending Support"

° NCER Form 3212, " Itemized Budget for EPA STAR Grant Applications"

° SF 269, " Financial Status Report"

° SF 270, " Request for Advance or Reimbursement"

° SF 271, " Outlay Report and Request for Reimbursement for Construction Programs"

° SF 272, " Federal Cash Transactions Report" B 2 ° SF 424, " Application for Federal Assistance"

° SF 424A, " Budget Information  Non Construction Programs"

° SF 424B, " Assurances  Non Construction Programs"

° SF 424C, " Budget Information  Construction Programs"

° SF 424D, " Assurances  Construction Programs"

° SF LLL, " Disclosure of Lobbying Activities" EXHIBIT C FIRST FEDERAL REGISTER NOTICE D 1 EXHIBIT D ENVIRONMENTAL PROTECTION AGENCY FINANCIAL ASSISTANCE PROGRAMS  CATALOG OF FEDERAL DOMESTIC ASSISTANCE ( CFDA) NUMBER AND TITLE Office of Air Radiation 66.001 Air Pollution Control Program Support 66.009 Air Information Center 66.032 State Indoor Radon Program 66.033 Ozone Transport 66.034 Survey, Studies, Investigations, Demonstrations and Special Purpose Activities Relating to the Clean Air Act 66.035 Community Action for a Renewed Environment ( CARE) Program Office of Water 66.418 Construction Grants for Wastewater Treatment Works 66.419 Water Pollution Control  State and Interstate Program Grants 66.424 Surveys, Studies, Demonstrations and Special Purpose Grants  Section 1442 of the Safe Drinking Water Act 66.432 State Public Water System Supervision 66.433 State Underground Water Source Protection 66.436 Surveys, Studies, Investigations, Demonstrations, and Training Grants and Cooperative Agreements  Section 104( b)( 3) of the Clean Water Act 66.437 Long Island Sound Program 66.439 Targeted Watershed Initiative 66.454 Water Quality Management Planning 66.456 National Estuary Program 66.458 Capitalization Grants for Clean Water State Revolving Funds 66.460 Nonpoint Source Implementation Grants 66.461 Regional Wetland Program Development Grants 66.462 National Wetland Program Development Grants 66.463 Water Quality Cooperative Agreements 66.466 Chesapeake Bay Program 66.467 Wastewater Operator Training Grant Program ( Technical Assistance) 66.468 Capitalization Grants for Drinking Water State Revolving Funds 66.469 Great Lakes Program 66.471 State Grants to Reimburse Operators of Small Water Systems for Training and Certification Costs 66.472 Beach Monitoring and Notification Program Implementation Grants 66.473 Direct Implementation Tribal Cooperative Agreements 66.474 Water Protection Grants to the States D 2 66.475 Gulf of Mexico Program 66.478 Water Security Training and Technical Assistance 66.479 State/ Tribal Environmental Outcome Wetland Demonstration Program 66.480 Assessment and Watershed Protection Program Grants 66.481 Lake Champlain Basin Program 66.926 Indian Environmental General Assistance Program ( GAP)

Office of Research and Development 66.509 Science to Achieve Results ( STAR) Program 66.510 Surveys, Studies, Investigations and Special Purpose Grants within the Office of Research and Development 66.511 Office of Research and Development Consolidated Research 66.512 Regional Environmental Monitoring Assessment Program 66.513 Greater Research Opportunities Fellowship Program 66.514 Science to Achieve Results ( STAR) Fellowship Program 66.515 Greater Opportunities Research Program 66.516 P3 Award: National Student Design Competition for Sustainability Office of Administration 66.605 Performance Partnership Grants 66.609 Protection of Children and Older Adults ( Elderly) from Environmental Health Risks 66.610 Surveys, Studies, Investigations and Special Purpose Grants within the Office of the Administrator 66.611 Environmental Policy and Innovation Grants 66.940 Environmental Policy and State Innovation Grants 66.950 Environmental Education and Training Program 66.951 Environmental Education Grants Office of Enforcement and Compliance Assurance 66.305 Compliance Assistance Support for Services to the Regulated Community and Other Assistance Providers 66.306 Environmental Justice Collaborative Problem Solving Cooperative Agreement Program 66.604 Environmental Justice Small Grants Program 66.700 Consolidated Pesticide Enforcement Cooperative Agreements 66.701 Toxic Substances Compliance Monitoring Cooperative Agreements 66.709 Multi Media Capacity Building Grants for States and Tribes Office of Prevention, Pesticides and Toxic Substances D 3 66.707 TSCA Title IV State Lead Grants: Certification of Lead Based Professionals 66.708 Pollution Prevention Grants Program 66.714 Pesticide Environmental Stewardship  Regional Grants 66.715 Childhood Blood Lead Screening and Lead Awareness ( Educational) Outreach for Indian Tribes 66.716 Surveys, Studies, Investigations, Training, Demonstrations and Educational Outreach 66.717 Source Reduction Assistance Office of Solid Waste and Emergency Response 66.801 Hazardous Waste Management State Program Support 66.802 Superfund State Political Subdivision and Indian Tribe Site Specific Cooperative Agreements 66.804 State and Tribal Underground Storage Tanks Program 66.805 Leaking Underground Storage Tank Trust Fund Program 66.806 Superfund Technical Assistance Grants ( TAG) for Community Groups at National Priority List ( NPL) Sites 66.808 Solid Waste Management Assistance 66.809 Superfund State and Indian Tribe Core Program Cooperative Agreements 66.810 Chemical Emergency Preparedness and Prevention ( CEPP) Technical Assistance Grants Program 66.812 Hazardous Waste Management Grant Program for Tribes 66.813 Alternative or Innovative Treatment Technology Research, Demonstration, Training and Hazardous Substance Research Grants 66.814 Brownfields Training  Research and Technical Assistance Grants and Cooperative Agreements 66.815 Brownfield Job Training Cooperative Agreements 66.816 Headquarter and Regional Underground Storage Tanks Program 66.817 State and Tribal Response Program Grants 66.818 Brownfields Assessment and Cleanup Cooperative Agreements Office of Administration and Resources Management 66.508 Senior Environmental Employment Program 66.518 State Senior Environmental Employment Program Office of International Affairs 66.931 International Financial Assistance Projects Sponsored by the Office of International Affairs Office of Congressional and Intergovernmental Relations D 4 66.605 Performance Partnership Grants Office of Environmental Information 66.608 Environmental Information Exchange Network Grant Program Region 1 66.110 Healthy Communities Grant Program Region 9 66.600 Environmental Protection Consolidated Grants Program Support Other 66.500 Environmental Protection Consolidated Research 66.606 Surveys, Studies; Investigations and Special Purpose Grants 66.607 Training And Fellowships for the Environmental Protection Agency


[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Rules and Regulations]
[Pages 19087-19089]
[FR Doc No: 2020-06809]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0150; FRL-10007-40-Region 1]

Air Plan Approval; New Hampshire; Negative Declaration for the
Oil and Gas Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. The revision provides the state's determination, via a
negative declaration, that there are no facilities within its borders
subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and
gas industry. The intended effect of this action is to approve this
item into the New Hampshire SIP. This action is being taken in
accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective June 5, 2020, unless
EPA receives adverse comments by May 6, 2020. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0150 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air and Radiation Division (Mail Code 05-2), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109-3912;<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Summary of SIP Revision and EPA Analysis
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On October 27, 2016, EPA published in the Federal Register the
``Final Control Techniques Guidelines for the

Oil and Natural Gas Industry.'' See 81 FR 74798. The CTG provided
information to state, local, and tribal air agencies to assist them in
determining reasonably available control technology (RACT) for volatile
organic compounds (VOC) emissions from select oil and natural gas
industry emission sources. CAA section 182(b)(2)(A) requires that for
ozone nonattainment areas classified as Moderate or above, states must
revise their SIPs to include provisions to implement RACT for each
category of VOC sources covered by a CTG document. CAA section
184(b)(1)(B) extends the RACT obligation to all areas of states within
the Ozone Transport Region (OTR). Pursuant to CAA section 184(a), New
Hampshire is a member state of the OTR. States subject to RACT
requirements are required to adopt controls that are at least as
stringent as those found within the CTG either via the adoption of
regulations, or by issuance of single source Orders or Permits that
outline what the source is required to do to meet RACT. If no source
for a particular CTG exists within a state, the state must submit as a
SIP revision a negative declaration documenting this fact.

II. Summary of SIP Revision and EPA Analysis

Negative Declaration for the 2016 Oil and Natural Gas Industry CTG

    On December 17, 2019, New Hampshire submitted a negative
declaration for the 2016 Oil and Natural Gas Industry CTG. The term
``negative declaration'' means that the state has explored whether any
facilities subject to the applicability requirements of the CTG exist
within the state and concluded that there are no such sources within
its borders. This is consistent with EPA's understanding of where
sources subject to the Oil and Natural Gas Industry CTG are located,
and so we are approving New Hampshire's negative declaration into the
SIP.

III. Final Action

    We are approving a negative declaration for EPA's 2016 CTG entitled
``Control Techniques Guidelines for the Oil and Natural Gas Industry''
into the New Hampshire SIP.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective June 5,
2020 without further notice unless the Agency receives relevant adverse
comments by May 6, 2020.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 5, 2020 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 5, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does

it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the proposed rules section of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Dated: March 27, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart EE--New Hampshire

0
2. In Sec.  52.1520, amend the table in paragraph (e) by adding an
entry for ``Negative declaration for the 2016 Control Techniques
Guideline for the Oil and Natural Gas Industry'' at the end of the
table, to read as follows:

Sec.  52.1520   Identification of plan.

* * * * *
    (e) * * *

                                           New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
                                       Applicable       State submittal
    Name of nonregulatory SIP        geographic or      date/ effective    EPA approved date     Explanations
            provision              nonattainment area         date                \3\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Negative declaration for the      Statewide..........         12/17/2019  4/6/2020 [Insert    Negative
 2016 Control Techniques                                                   Federal Register   declaration.
 Guidelines for the Oil and                                                citation].
 Natural Gas Industry.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2020-06809 Filed 4-3-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Page 44140]
[FR Doc No: 2022-15871]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4638-DR; Docket ID FEMA-2022-0001]

Alaska; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Alaska (FEMA-4638-DR), dated January 15, 2022, and
related determinations.

DATES: This change occurred on June 15, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Yolanda J.
Jackson, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Thomas J. Dargan as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-15871 Filed 7-22-22; 8:45 am]
BILLING CODE 9111-23-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C., 20460

                                            OFFICE  OF

PREVENTION, PESTICIDES AND

TOXIC SUBSTANCES

Date: October 30, 2007

Chemical: Fluopicolide

PC Code: 027412

DP Barcodes: D325803, D325092, D336218, D336631

MEMORANDUM

SUBJECT: 	Revised Environmental Fate and Effects Division Risk
Assessment for the

Section 3 New Chemical Registration of Fluopicolide

TO: 		Janet Whitehurst, Chemical Review Manager

		Tony Kish, Review Manager

		Registration Division (7505P)

FROM:	Holly Galavotti, Environmental Protection Specialist

		Nancy Andrews, Branch Chief

		Environmental Risk Branch I

		Environmental Fate and Effects Division (7507P)

Please find the attached Environmental Fate and Effects Division’s
(EFED) revised environmental risk assessment for the proposed new
chemical registration of fluopicolide. The revisions are corrected
errors regarding MRID numbers and study classifications. These revisions
will not change the risk conclusions of this assessment. Revisions were
made on pages 37, 39, 42, 229, and 231.


[Federal Register: June 29, 2009 (Volume 74, Number 123)]
[Notices]
[Page 31073-31076]
[DOCID:fr29jn09-109]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28769; File No. 812-13633]

Embarcadero Funds, Inc., et al.; Notice of Application

June 22, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'' or ``1940 Act'') for an exemption from
section 15(a) of the Act and rule 18f-2 under the Act, as well as from
certain disclosure requirements.

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Summary of Application:  Applicants request an order that would permit
them

to enter into and materially amend subadvisory agreements without
shareholder approval and would grant relief from certain disclosure
requirements.

Applicants:  Embarcadero Funds, Inc. (the ``Company'') and Van Wagoner
Capital Management, Inc. (the ``Adviser'').

Filing Dates:  The application was filed on February 18, 2009, and
amended on June 15, 2009.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on July 17, 2009 and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants, Three Embarcadero
Center, Suite 1100, San Francisco, CA 94111.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Attorney,
at<PHONE_NUMBER>, or Jennifer L. Sawin, Branch Chief, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    1. The Company, a Maryland corporation organized as a series
investment company, is registered under the Act as an open-end
management investment company and currently consists of five series:
The All-Cap Growth Fund, Small-Cap Growth Fund, Alternative Strategies
Fund, Absolute Return Fund and Market Neutral Fund (each a ``Fund'' and
collectively, the ``Funds'').\1\ Each series has separate investment
objectives, policies and restrictions. The Adviser, a Delaware
corporation, is an investment adviser registered under the Investment
Advisers Act of 1940, as amended (``Advisers Act''). The Adviser serves
as investment adviser to all five series of the Company under
investment advisory agreements with the Company (``Advisory
Agreements''). The Advisory Agreements have been approved by the
shareholders of each Fund and by the board of directors of the Company
(``Board''), including a majority of those directors who are not
``interested persons'' of the Company or the Adviser as defined in
section 2(a)(19) of the Act (``Independent Directors'').
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    \1\ Applicants also request relief with respect to existing and
future series of the Company and any other existing or future
registered open-end management investment company or series thereof
that: (i) Is advised by the Adviser or any person controlling,
controlled by, or under common control with the Adviser or its
successors; (ii) uses the management structure described in this
application; and (iii) complies with the terms and conditions of
this application (together with the Funds that use Subadvisers, as
defined below, the ``Subadvised Funds''). For purposes of the
requested order, ``successor'' is limited to an entity or entities
that result from a reorganization into another jurisdiction or a
change in the type of business organization. The only existing
registered open-end management investment company that currently
intends to rely on the requested order is named as an applicant. If
the name of any Subadvised Fund contains the name of a Subadviser,
the name of the Adviser or the name of the entity controlling,
controlled by, or under common control with the Adviser that serves
as the primary adviser to the Subadvised Fund will precede the name
of the Subadviser.
---------------------------------------------------------------------------

    2. Under the terms of the Advisory Agreements, the Adviser shall,
subject to and in accordance with the investment objective and policies
of a Fund and any directions which the Board may issue to the Adviser,
have overall responsibility for the general management and investment
of the assets and securities portfolios of the Fund. For the investment
management services it provides to each Fund, the Adviser receives from
that Fund the fee specified in the Advisory Agreements, payable monthly
at an annual rate based the average daily net assets of the Fund. The
Advisory Agreements permit the Adviser, to delegate certain asset
management responsibilities to one or more subadvisers
(``Subadvisers''). The Adviser has entered or intends to enter into
investment subadvisory agreements (``Subadvisory Agreements'') with
various Subadvisers to provide investment advisory services to four of
the Funds.\2\ Each Subadviser is, and any future Subadviser will be,
registered as an investment adviser under the Advisers Act. The Adviser
monitors and evaluates the Subadvisers and recommends to the Board
their hiring, retention or termination. Subadvisers recommended to the
Board by the Adviser are selected and approved by the Board, including
a majority of the Independent Directors. Subadvisers have discretionary
authority to invest the assets or a portion of the assets of a
particular Fund. The Adviser will compensate each Subadviser out of the
fees paid to the Adviser under the Advisory Agreements.
---------------------------------------------------------------------------

    \2\ The Adviser may enter into Subadvisory Agreements in the
future to provide investment advisory services to the fifth fund,
the Alternative Strategies Fund.
---------------------------------------------------------------------------

    3. Applicants request an order to permit the Adviser, subject to
Board approval, to select certain Subadvisers and materially amend an
existing Subadvisory Agreement without obtaining shareholder approval.
The requested relief will not extend to any Subadviser who is an
affiliated person, as defined in section 2(a)(3) of the Act, of the
Company or of the Adviser, other than by reason of serving as a
Subadviser to one or more Funds (``Affiliated Subadviser'').
    4. Applicants also request an exemption from the various disclosure
provisions described below that may require the Funds to disclose fees
paid by the Adviser to each Subadviser. An exemption is requested to
permit the Company to disclose for each Subadvised Fund (as both a
dollar amount and as a percentage of the Subadvised Fund's net assets):
(i) The aggregate fees paid to the Adviser and any Affiliated
Subadviser, if any; and (ii) the aggregate fees paid to Subadvisers
other than Affiliated Subadvisers (collectively, the ``Aggregate Fee
Disclosure''). Any Subadvised Fund that employs an Affiliated
Subadviser will provide separate disclosure of any fees paid to the
Affiliated Subadviser.

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by a vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires disclosure of
the method and

amount of the investment adviser's compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the
Securities Exchange Act of 1934 (``1934 Act''). Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together,
require a proxy statement for a shareholder meeting at which the
advisory contract will be voted upon to include the ``rate of
compensation of the investment adviser,'' the ``aggregate amount of the
investment adviser's fees,'' a description of the ``terms of the
contract to be acted upon,'' and, if a change in the advisory fee is
proposed, the existing and proposed fees and the difference between the
two fees.
    4. Form N-SAR is the semi-annual report filed with the Commission
by registered investment companies. Item 48 of Form N-SAR requires
investment companies to disclose the rate schedule for fees paid to
their investment advisers, including the Subadvisers.
    5. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b), and (c) of Regulation S-X require
that investment companies include in their financial statements
information about investment advisory fees.
    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that their requested relief meets this standard
for the reasons discussed below.
    7. Applicants assert that the shareholders rely on the Adviser's
experience to select one or more Subadvisers best suited to achieve the
Subadvised Fund's investment objectives. Applicants assert that, from
the perspective of the investor, the role of the Subadvisers is
comparable to that of the individual portfolio managers employed by
traditional investment company advisory firms. Applicants state that
requiring shareholder approval of each Subadvisory Agreement would
impose unnecessary delays and expenses on the Subadvised Funds, and may
preclude the Fund from acting promptly in a manner considered advisable
by the Adviser and the Board. Applicants note that each Subadvised
Fund's Advisory Agreements and Subadvisory Agreements with Affiliated
Subadvisers (if any) will continue to be subject to the shareholder
approval requirements of section 15(a) of the Act and rule 18f-2 under
the Act.
    8. Applicants assert that many investment advisers use a ``posted''
rate schedule to set their fees. Applicants state that while investment
advisers are willing to negotiate fees that are lower than those posted
on the schedule, they are reluctant to do so where the fees are
disclosed to other prospective and existing customers. Applicants
submit that the relief requested to use Aggregate Fee Disclosure will
encourage potential Subadvisers to negotiate lower subadvisory fees
with the Adviser.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Subadvised Fund may rely on the order requested in the
application, the operation of the Subadvised Fund in the manner
described in the application will be approved by a majority of the
Subadvised Fund's outstanding voting securities, as defined in the Act,
or, in the case of a Subadvised Fund whose public shareholders purchase
shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the sole initial shareholder
before offering the Subadvised Fund's shares to the public.
    2. The prospectus for each Subadvised Fund will disclose the
existence, substance, and effect of any order granted pursuant to the
application. Each Subadvised Fund will hold itself out to the public as
employing the management structure described in the application. The
prospectus will prominently disclose that the Adviser has ultimate
responsibility (subject to oversight by the Board) to oversee the
Subadvisers and recommend their hiring, termination, and replacement.
    3. Within 90 days of the hiring of any new Subadviser, the affected
Subadvised Fund's shareholders will be furnished all information about
the new Subadviser that would be included in a proxy statement, except
as modified to permit Aggregate Fee Disclosure. This information will
include Aggregate Fee Disclosure and any change in such disclosure
caused by the addition of the new Subadviser. To meet this obligation,
a Subadvised Fund will provide shareholders within 90 days of the
hiring of a new Subadviser with an information statement meeting the
requirements of Regulation 14C, Schedule 14C, and Item 22 of Schedule
14A under the 1934 Act, except as modified by the order to permit
Aggregate Fee Disclosure.
    4. The Adviser will not enter into a Subadvisory Agreement with any
Affiliated Subadviser without that agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Subadvised Fund.
    5. At all times, at least a majority of the Board will be
Independent Directors, and the nomination of new or additional
Independent Directors will be placed within the discretion of the then-
existing Independent Directors.
    6. When a Subadviser change is proposed for a Subadvised Fund with
an Affiliated Subadviser, the Board, including a majority of the
Independent Directors, will make a separate finding, reflected in the
applicable Board minutes, that such change is in the best interests of
the Subadvised Fund and its shareholders and does not involve a
conflict of interest from which the Adviser or the Affiliated
Subadviser derives an inappropriate advantage.
    7. Independent legal counsel, as defined in rule 0-1(a)(6) under
the Act, will be engaged to represent the Independent Directors. The
selection of such counsel will be within the discretion of the then
existing Independent Directors.
    8. The Adviser will provide the Board, no less frequently than
quarterly, with information about the profitability of the Adviser on a
per-Subadvised Fund basis. The information will reflect the impact on
profitability of the hiring or termination of any Subadviser during the
applicable quarter.
    9. Whenever a Subadviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
profitability of the Adviser.
    10. The Adviser will provide general management services to each
Subadvised Fund, including overall supervisory responsibility for the
general management and investment of the Subadvised Fund's assets and,
subject to review and approval of the Board, will: (i) Set each
Subadvised Fund's overall investment strategies; (ii) evaluate, select
and recommend Subadvisers to manage all or part of a Subadvised Fund's
assets; (iii) when appropriate, allocate and reallocate a Subadvised
Fund's assets among multiple Subadvisers; (iv) monitor and evaluate the
performance of Subadvisers; and (v) implement procedures reasonably
designed to

ensure that the Subadvisers comply with each Subadvised Fund's
investment objective, policies and restrictions.
    11. No director or officer of the Company, or director or officer
of the Adviser, will own directly or indirectly (other than through a
pooled investment vehicle that is not controlled by such person) any
interest in a Subadviser, except for: (i) Ownership of interests in the
Adviser or any entity that controls, is controlled by, or is under
common control with the Adviser; or (ii) ownership of less than 1% of
the outstanding securities of any class of equity or debt of a publicly
traded company that is either a Subadviser or an entity that controls,
is controlled by, or is under common control with a Subadviser.
    12. Each Subadvised Fund will disclose in its registration
statement the Aggregate Fee Disclosure.
    13. In the event the Commission adopts a rule under the 1940 Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-15225 Filed 6-26-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62787-62788]
[FR Doc No: 2016-21797]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736

Extension:
    Rule 17a-1, SEC File No. 270-244, OMB Control No. 3235-0208

    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 (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 17a-
1 (17 CFR 240.17a-1) under the Securities Exchange Act of 1934, as
amended (the ``Act'') (15 U.S.C. 78a et seq.).
    Rule 17a-1 requires that every national securities exchange,
national securities association, registered clearing agency, and the
Municipal Securities Rulemaking Board keep on file for a period of not
less than five years, the first two years in an easily accessible
place, at least one copy of all documents, including all
correspondence, memoranda, papers, books, notices, accounts, and other
such records made or received by it in the course of its business as
such and in the conduct of its self-regulatory activity, and that such
documents be available for examination by the Commission.
    There are 29 entities required to comply with the rule: 19 national
securities exchanges, 1 national securities association, 8 registered
clearing agencies, and the Municipal Securities Rulemaking Board. The
Commission staff estimates that the average number of hours necessary
for compliance with the requirements of Rule 17a-1 is 52 hours per
year. In addition, 4 national securities exchanges notice-registered
pursuant to Section 6(g) of the Act (15 U.S.C. 78f(g)) are required to
preserve records of determinations made under Rule 3a55-1 under the Act
(17 CFR 240.3a55-1), which the Commission staff estimates will take 1
hour per exchange, for a total of 4 hours. Accordingly, the Commission
staff estimates that the total number of hours necessary to comply with
the requirements of Rule 17a-1 is 1,512 hours. The total internal cost
of compliance for all respondents is $98,280, based on an average cost
per hour of $65.
    Compliance with Rule 17a-1 is mandatory. Rule 17a-1 does not assure
confidentiality for the records maintained pursuant to the rule. The
records required by Rule 17a-1 are available only for examination by
the Commission staff, state securities authorities, and the self-
regulatory organizations. Subject to the provisions of the Freedom of
Information Act, 5 U.S.C. 522, and the Commission's rules thereunder
(17 CFR 200.80(b)(4)(iii)), the Commission does not generally publish
or make available information contained in any reports, summaries,
analyses, letters, or memoranda arising out of, in anticipation of, or
in connection with an examination or inspection of the books and
records of any person or any other investigation.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503,

or by sending an email to<EMAIL_ADDRESS>and (ii) Pamela
Dyson, Director/Chief Information Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC
20549, or by sending an email to<EMAIL_ADDRESS>Comments must be
submitted to OMB within 30 days of this notice.

    Dated: September 6, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-21797 Filed 9-9-16; 8:45 am]
 BILLING CODE P


[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27342-27343]
[FR Doc No: 2019-12358]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0354]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0063

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0063,
Marine Occupational Health and Safety Standards for Benzene, without
change. Our ICR describe the information we seek to collect from the
public. Before submitting this ICR to OIRA, the Coast Guard is inviting
comments as described below.

DATES: Comments must reach the Coast Guard on or before August 12,
2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2019-0354] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. Consistent with
the requirements of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs, and Executive Order 13777, Enforcing the
Regulatory Reform Agenda, the Coast Guard is also requesting comments
on the extent to which this request for information could be modified
to reduce the burden on respondents. In response to your comments, we
may revise this ICR or decide not to seek an extension of approval for
the Collection. We will consider all comments and material received
during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2019-0354], and
must be received by August 12, 2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at

https://www.regulations.gov. If your material cannot be submitted using
https://www.regulations.gov, contact the person in the FOR FURTHER
INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Marine Occupational Health and Safety Standards for
Benzene--46 CFR 197 Subpart C.
    OMB Control Number: 1625-0063.
    Summary: To protect marine workers from exposure to toxic Benzene
vapor, the Coast Guard implemented Title 46 CFR 197 Subpart C.
    Need: This information collection is vital to verifying compliance.
    Forms: None.
    Respondents: Owners and operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated annual burden remains 38,165
hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: June 6, 2019.
James D. Roppel,
U.S. Coast Guard, Chief, Office of Information Management.
[FR Doc. 2019-12358 Filed 6-11-19; 8:45 am]
 BILLING CODE 9110-04-P