[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Notices]
[Page 17206]
[DOCID:fr06ap07-91]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collections; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extensions:
    Rule 155; OMB Control No. 3235-0549 ; SEC File No. 270-492.
    Rule 477; OMB Control No. 3235-0550; SEC File No. 270-493.

    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'') is soliciting comments on the collections
of information summarized below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget for extension and approval.
    Rule 155 (17 CFR 230.155) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) provides safe harbors for a registered offering
following an abandoned private offering, or a private offering
following an abandoned registered offering, without integrating the
registered and private offerings in either case. Rule 155 requires any
prospectus filed as a part of a registration statement after a private
offering to include disclosure regarding abandonment of the private
offering. Similarly, the rule requires an issuer to provide each
offeree in a private offering following an abandoned registered
offering with: (1) Information concerning withdrawal of the
registration statement; (2) the fact that the private offering is
unregistered; and (3) the legal implications of the offering's
unregistered status. The likely respondents will be companies. Rule 155
takes approximately 4 hours per response to prepare and is filed by 600
respondents. We estimate that 50% of the 4 hours per response (2 hours
per response) is prepared by the filer for a total annual reporting
burden of 1,200 hours (2 hours per response x 600 responses).
    Rule 477 (17 CFR 230.477) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) sets forth procedures for withdrawing a
registration statement or any amendment or exhibits thereto. The rule
provides that if a registrant applies for withdrawal in anticipation of
reliance on Rule 155's registered-to-private safe harbor, the
registrant must state in the withdrawal application that the registrant
plans to undertake a subsequent private offering in reliance on the
rule. Without this statement, the Commission would not be able to
monitor issuers' reliance on, and compliance with, Rule 155(c). The
likely respondents will be companies. We estimate that 300 issuers will
file Rule 477 submissions annually at an estimated one-hour per
response for a total annual burden of 300 hours. We estimate that 100%
of the reporting burden is prepared by the issuer.
    Written comments are invited on: (a) Whether these proposed
collections of information are necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to<EMAIL_ADDRESS>
    Dated: March 29, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6495 Filed 4-5-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34582-34584]
[FR Doc No: 2013-13661]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0312]
RIN 1625-AA00

Safety Zone; Rochester Yacht Club Fireworks, Genesee River,
Rochester, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Genesee River, Rochester, NY. This safety zone is intended to restrict
vessels from a portion of the Genesee River during the Rochester Yacht
Club fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with a
fireworks display.

DATES: This rule will be effective between 9:30 p.m. until 11:00 p.m.
on June 22, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0312]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christopher Mercurio, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior

notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect spectators and
vessels from the hazards associated with a maritime fireworks display,
which are discussed further below.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No.0170.1.
    Between 10:00 p.m. and 10:30 p.m. on June 22, 2013, a fireworks
display will be held on the Genesee River near the east pier of the
river entrance, Rochester, NY. The Captain of the Port Buffalo has
determined that fireworks launched proximate to a gathering of
watercraft pose a significant risk to public safety and property. Such
hazards include premature and accidental detonations, dangerous
projectiles, and falling or burning debris.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Rochester Yacht
Club fireworks display. This zone will be effective and enforced from
9:30 p.m. until 11:00 p.m. on June 22, 2013. This zone will encompass
all waters of the Genesee River, Rochester, NY within a 560 foot radius
of position 43[deg]15'36.6'' N and 77[deg]36'00.6'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which might be small entities: the owners or operators of
vessels intending to transit or anchor in a portion of the Genesee
River on the evening of June 22, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
safety zone would be activated, and thus subject to enforcement, for
only 90 minutes late in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the activation of
the zone, we would issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,

Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0312 to read as follows:

Sec.  165.T09-0312  Safety Zone; Rochester Yacht Club Fireworks,
Genesee River, Rochester, NY.

    (a) Location. This zone will encompass all waters of the Genesee
River, Rochester, NY within a 560 foot radius of position
43[deg]15'36.6'' N and 77[deg]36'00.6'' W (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced on June 22, 2013 from 9:30 p.m. until 11:00 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: May 23, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-13661 Filed 6-7-13; 8:45 am]
BILLING CODE 9110-04-P


STANDARD FORM 83 SUPPORTING STATEMENT

FOR ICR No. 2163.02 - REPORTING AND RECORDKEEPING REQUIREMENTS FOR
STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES:

OTHER SOLID WASTE INCINERATION (OSWI) UNITS

(40 CFR PART 60, SUBPART EEEE)

	U.S. Environmental Protection Agency

	Office of Air Quality Planning and Standards

	Research Triangle Park, NC  27711

	October 2005

	PART A OF THE SUPPORTING STATEMENT FOR STANDARD FORM 83

	Other Solid Waste Incineration Units

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)  Title of the Information Collection.

(Reporting and Recordkeeping Requirements for Standards of Performance
for New Stationary Sources: Other Solid Waste Incineration (OSWI) Units
(40 CFR Part 60, Subpart EEEE).(

1(b)  Short Characterization/Abstract.

This supporting statement addresses information collection activities
imposed by the (Standards of Performance for New Stationary Sources:
Other Solid Waste Incineration (OSWI) Units,( 40 CFR Part 60, subpart
EEEE.  The new source performance standards (NSPS) fulfill the
requirements of sections 111 and 129 of the Clean Air Act (CAA), which
require EPA to promulgate NSPS for solid waste incineration units.  The
NSPS regulate two subcategories of OSWI units:  very small municipal
waste combustion (VSMWC) units and institutional waste incineration
(IWI) units.

The information collection activities required by the  NSPS include:
siting requirements, operator training and qualification requirements,
testing, monitoring and reporting requirements, one-time and periodic
reports, and the maintenance of records.  These activities will enable
EPA to determine initial compliance with the emission limits for the
regulated pollutants, monitor compliance with operating parameters, and
ensure that facilities conduct the proper planning and operator
training.

No new OSWI units are expected to be constructed or operated, so there
will be no annual burden.  The population of OSWI units has been
declining for several years.  No new OSWI units are being constructed,
even in the absence of regulations, because other waste disposal
alternatives, such as landfilling, are more economical.  The cost of
complying with the NSPS makes it even more likely that sources will
select an alternative method of waste disposal and no new OSWI units
will be constructed.

1(c)  OMB Comments.

      Prior to publication of a final rule, OMB requires that an agency
provide to OMB a summary of all public comments pertaining to the
information collection burden imposed by the rule and any changes made
in response to the comments.  No such comments regarding the information
collection burden imposed by the NSPS were received.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)  Need/Authority for the Collection.

The EPA is required under sections 111 and 129 of the CAA to establish
standards of performance for new stationary sources that reflect the
maximum achievable control technology (MACT) for achieving continuous
emission reductions:

CAA section 129(a)(1) states:

Standards applicable to solid waste incinerator units promulgated under
section 111 and this section shall reflect the maximum degree of
reduction in emissions of air pollutants listed under section (a)(4)
that the Administrator, taking into consideration the cost of achieving
such emission reduction, and any non-air quality health and
environmental impacts and energy requirements, determines is achievable
for new or existing units in each category.

CAA section 111(e) further states:

After the effective date of standards of performance promulgated under
this section, it shall be unlawful for any owner or operator of any new
source to operate such source in violation of any standards of
performance applicable to such source.

2(b)  Practical Utility/Users of the Data.

Although no new OSWI units are expected, the NSPS must include
information collection requirements necessary for enforcement.  In the
unlikely event that any new OSWI units are constructed, this information
will be used by EPA to:  (1) identify new, modified, and reconstructed
sources subject to the NSPS; (2) ensure that the NSPS are being
properly applied; (3) ensure that the emission limits are being
complied with; and (4) ensure, on a continuous basis, that the operating
limits established during the initial performance test are not exceeded.

In addition, records and reports are necessary to enable EPA to identify
facilities that may not be in compliance with the NSPS.  Based on
reported information, EPA will decide which facilities should be
inspected and what records or units should be inspected at the
facilities. The records that facilities maintain will indicate to EPA
whether facility personnel are properly operating and maintaining the
incinerator and control equipment and whether facility personnel have
met the training and qualification requirements.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)  Nonduplication.

The information collected pursuant to the NSPS consists primarily of a
siting analysis, operator training, emissions testing, and monitoring of
operating parameters.  This information is currently not collected for
OSWI units by EPA or any other Federal agency.

In more than 95 percent of the cases, the enforcement of NSPS has been
delegated to State air pollution control agencies.  In such cases, the
actual emission data reports required by the NSPS will be submitted to
the appropriate State agency, and not directly to EPA.  Thus, there is
minimal possibility for the submittal of duplicate information to State
agencies and EPA.  In the few cases where State agencies have not
requested delegation of NSPS enforcement, yet still require information
from the facility, the facility owner or operator may submit a copy of
the State or local reports to EPA in lieu of the report required by the
NSPS, as specified in the General Provisions of 40 CFR part 60.

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

A public notice of this collection was provided in the notice of
proposed rulemaking for the NSPS on December 9, 2004.

3(c) Consultations.

While collecting technical information pertaining to the OSWI category,
EPA contacted incinerator manufacturers and associations as well as
State and Federal agencies.  In addition to these contacts, EPA
chartered an Industrial Combustion Coordinated Rulemaking advisory
committee in 1996, under the Federal Advisory Committee Act.  The
committee(s objective was to develop recommendations for regulations for
several combustion source categories under sections 112 and 129 of the
CAA.  The EPA considered information received from all of these sources
in the development of the NSPS.

The public had the opportunity to review and comment on the proposed
NSPS and the ICR during the specified comment period.

3(d)  Effects of Less Frequent Data Collection.

The NSPS require initial and annual performance tests for nine
pollutants and opacity, continuous emission monitoring for carbon
monoxide (CO), continuous operating parameter monitoring, annual
operator training, and annual reporting (semiannual deviation reports
are required if any of the emission limits or operating limits are
exceeded).  The frequency of these activities was chosen by EPA as the
period that will provide an adequate margin of assurance that affected
facilities will not operate for extended periods in violation of the
NSPS.

The annual performance testing will ensure, on an ongoing basis, that
the air pollution control device is operating properly and its
performance has not deteriorated. The NSPS allows the owner or operator
to skip two annual tests for a pollutant if all performance tests over
the previous three years show compliance with the emission limit.

During the initial performance test for particulate matter (PM),
dioxins/furans, opacity, hydrochloric acid (HCl), cadmium (Cd), lead
(Pb), mercury (Hg), CO, nitrogen oxides (NO ADVANCE \d3 x ADVANCE \u3 )
and sulfur dioxide (SO ADVANCE \d3 2 ADVANCE \u3 ), the owner or
operator must establish maximum or minimum values for each operating
parameter.  Thereafter, the owner or operator must conduct annual
performance tests for the nine previously listed pollutants and opacity,
and continuously monitor CO  emissions and the operating parameters.

Although continuous monitoring of operating parameters cannot provide a
direct measurement of emissions, it is less expensive than continuous
emission monitoring systems (CEMS), and the information provided can be
used to ensure that the incinerator and associated air pollution control
equipment are operating properly.  This information assures EPA and the
public that the reductions envisioned by the regulations are being
achieved.  Less frequent monitoring would not ensure continuous
compliance.

The NSPS include initial and annual operator training requirements for
OSWI unit operators.  (The NSPS requires at least one qualified operator
or supervisor per facility.)  The annual training requirements include
annual refresher training to maintain operator qualification and an
annual review of site-specific documentation.  The way in which an
incinerator is operated has a significant impact on the emissions from
that incinerator.  The annual operator training is essential to ensure
that the incinerator is being operated properly.  The NSPS contains
flexibility in the operator training by allowing the use of
State-approved training and qualification programs.

Annual reporting allows the submittal of required information and data
parameters so that any potential problems can be identified in a timely
fashion.  A semiannual deviation report is required for deviations from
the operating limits and the emission limits so that EPA can ensure that
rapid corrective action is being taken.

3(e)  General Guidelines.

With the exception of requiring records to be maintained for more than
3 years, none of the guidelines in 5 CFR 1320.5 are being exceeded.
The NSPS requires all records to be maintained by the source for a
period of 5 years.  In 40 CFR part 63, subpart A, "General
Provisions for National Emission Standards for Hazardous Air Pollutants
(NESHAP) for Source Categories," owners or operators of facilities are
required to keep and maintain records for a period of 5 years.  Records
must be kept on file for use, if needed, by the regulating authority to
ensure that the plant personnel are operating and maintaining control
equipment properly.  Under section 129 of the CAA, OSWI facilities are
subject to regulation under similar MACT-based regulations, therefore,
this 5-year record retention requirement was adopted for OSWI
facilities.  Furthermore, CAA section 129 requires all OSWI units to
obtain title V operating permits under 40 CFR part 70 or 71 permit
programs.  The title V permit programs also require records to be
retained for 5 years.  To minimize the burden, the NSPS allows files to
be kept in paper or electronic format.  Files must be kept on site for 2
years but may be kept off site for the remaining 3 years.

3(f)  Confidentiality.

All information submitted to EPA for which a claim of confidentiality is
made will be safeguarded according to EPA policies set forth in
title 40, chapter 1, part 2, subpart B, Confidentiality of Business
Information (see 40 CFR 2; 41 FR 36902, September 1, 1976, amended
by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28,
1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions.

	The ICR for the NSPS does not involve matters of a

sensitive nature.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)  Respondents/NAICS Codes.

	As stated previously in section 1(b) of this supporting statement, EPA
does not expect any new OSWI units to be constructed or operated in the
future; however, respondents (if any) would be owners or operators of
OSWI units for which construction commences after December 9, 2004 or
for which reconstruction or modification commences 6 months (or later)
after promulgation of the final NSPS.  OSWI units include VSMWC units
that combust less than 35 tons per day of waste collected from multiple
residences, businesses, etc.  In the unlikely event there are any new
VSMWC, they would be operated by municipalities (NAICS Codes 562213 and
92411).  OSWI units also include IWI units, as defined in the
regulation, that are located at an institutional facility and combust
waste generated at that facility.  In the unlikely event there are any
new IWI units, they could be located at institutions such as schools,
universities, prisons, military bases, government facilities, churches
and other institutions (NAICS Codes 623, 922, 928, 6111, 6112, 6113,
7121, 8131, and 8134).4(b)  Information Requested.

(i)  Data items.  The recordkeeping and reporting requirements of the
NSPS are described in section 4(b)(ii) and include the following:

pre-construction notification;

siting analysis;

waste management plan;

records of operator training and qualification;

performance test reports;

records of CO and operating parameter monitoring;

annual compliance reports; and

semiannual deviation reports.

(ii)  Respondent activities.  No respondent activities are estimated
since no growth of the source category is expected.  However, in the
unlikely event that a new OSWI unit is constructed or operated in the
future, the

information collection activities in this ICR include the following:
performance tests, CO emissions monitoring, operating parameter
monitoring, preparation of a siting analysis, preparation of a waste
management plan, operator training, one-time and periodic reports, and
the maintenance of records.

Testing and Monitoring:  The NSPS requires an initial performance test
for PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO, NO ADVANCE \d3 x
ADVANCE \u3  and SO ADVANCE \d3 2 ADVANCE \u3 .  During the initial
performance test, the owner or operator must establish limits for each
operating parameter.  Thereafter, the owner or operator must conduct
annual performance tests for the nine pollutants and opacity, and must
continuously monitor CO and the operating parameters.  The NSPS allows
the owner or operator to skip two annual performance tests for a
pollutant if all performance tests over the three previous years show
compliance with the emission limit.

Operator Training:  To ensure the proper operation of the incinerator,
the NSPS requires that each facility establish and maintain at least one
qualified OSWI unit operator or supervisor.  The operator qualification
process includes training, an exam, and review of site-specific
materials.  The operator qualification requirements allow the
flexibility to use State-approved training and qualification programs.
To maintain qualification the operators or supervisors must attend an
annual refresher course and review site-specific materials annually.

Reporting:  Prior to commencing construction, the owner or operator must
submit a report that includes a statement of intent to construct, the
anticipated date of commencement of construction, the siting analysis,
the waste management plan, and the anticipated date of initial start-up.
 The siting analysis considers air pollution control alternatives that
minimize, on a site-specific basis, potential risks to public health or
the environment.  The waste management plan identifies both the
feasibility and the approach to separate

certain components of solid waste from the waste stream to reduce the
amount of toxic emissions from incinerated waste.

 	Prior to initial startup, the owner or operator must submit a report
that documents the types of wastes burned, the maximum design waste
burning capacity, the anticipated maximum charge rate, and any petitions
for site-specific operating parameters.

Following the initial performance test, the owner or operator must
submit a report that documents the results of the performance test for
the nine pollutants and opacity and the values for the facility(s
operating limits.

An annual compliance report is required that documents  the values for
the operating limits, performance test results and any deviations from
the emission limits, operating limits or other requirements.

If there is a deviation from the operating limits or emission limits,
the owner or operator must submit a deviation report that provides
details on the deviation.  These reports are submitted semiannually if a
deviation occurs during the 6-month period.

Recordkeeping:  As specified in the NSPS, owners or operators of OSWI
units are required to keep records of certain parameters and information
for a period of 5 years. Owners or operators are required to maintain
records of the initial performance test, annual performance tests, and
any subsequent performance tests.  Owners or operators must also
maintain records of the monitoring data for CO and the operating
parameters, and records of monitoring device calibration.

Records must be maintained for any incinerator malfunctions, any
deviations from the operating limits, and days for which CO or operating
parameter monitoring data were not obtained.

Owners or operators must maintain the names of persons who have
completed the review of site-specific information and who have met the
operator qualification requirements.  Records must also be maintained of
all documentation for the siting analysis and the waste management plan.

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

5(a)  Agency Activities.

No agency activities are expected because no respondents are likely.
As previously explained in section 1(b), no new OSWI units are expected
to be constructed during the three years after promulgation of the NSPS.

5(b)  Collection Methodology and Management.

This collection of information does not require the use of automated
collection techniques because no respondents are expected.

5(c)  Small Entity Flexibility.

Because no OSWI units are expected to be affected by the NSPS, no small
businesses or small entities will be affected.  Therefore, the NSPS will
not have a significant impact on small entities.

The NSPS does not contain any provisions reserved exclusively for the
benefit of small entities.  However, the NSPS does contain provisions
that reduce the impact on all regulated entities, which would include
any small entities (in the unlikely event that any new OSWI units are
built). Operating parameter monitoring is required instead of CEMS for
all pollutants other than CO.  The owner or operator is allowed to skip
two annual performance tests for a pollutant if all performance tests
over the previous three years show compliance.  Semiannual deviation
reports are required only if there is a deviation, otherwise reporting
is annual.

5(d)  Collection Schedule.

Although no respondents are expected, typical information collected
includes the following one-time-only activities: reading the NSPS,
initial performance tests (PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg,
CO, NO ADVANCE \d2 x ADVANCE \u2 , and SO ADVANCE \d2 2 ADVANCE \u2 ),
initial operator training and qualification, notification of intent to
construct (includes a study addressing siting requirements), waste
management plan, report prior to initial start-up, and report following
initial performance test (includes operating parameter values).  The
data will be entered into the Aerometric Information Retrieval System
(AIRS), operated and maintained by EPA(s Office of Air Quality Planning
and Standards.

Annual performance tests are required for the nine pollutants and
opacity.  Continuous parameter monitoring and continuous emission
monitoring of CO is required.  An annual operator training refresher
course and site-specific information review is required.

An annual report is required that includes compliance data on the
operating limits, performance test results, identification of deviations
from emission limits, operating limits or other requirements.

Additionally, if the operating limits or emission limits are exceeded,
the owner or operator must submit a deviation report that provides
details on the deviation.  If all qualified operators are unavailable
for more than 2 weeks, notification must be made within 10 days and a
status report must be submitted every 4 weeks until compliance with the
operator qualification requirements is achieved.

Information obtained from annual compliance reports will be published
and distributed through the EPA compliance data system (CDS).  Data
obtained during periodic visits by

EPA personnel from records maintained by the respondents will be
tabulated and published for internal EPA use in compliance and
enforcement programs.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

No new growth is anticipated for the OSWI source category.  It is
assumed that potential respondents would use alternative waste disposal
options rather than replacing existing OSWI units.  The population of
OSWI units has been declining for several years.  No new OSWI units are
being constructed, even in the absence of regulations, because other
waste disposal alternatives, such as landfilling, are more economical.
The cost of complying with the NSPS makes it even more likely that
sources will select an alternative method of waste disposal and no new
OSWI units will be constructed.  As a result, no respondent or agency
burdens or costs have been estimated.  We expect that there will be no
annual burden.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2003-0156, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket and Information Center in
the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.  The telephone number for the Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket and
Information Center is<PHONE_NUMBER>.  An electronic version of the
public docket is available at www.regulations.gov.  This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OAR-2003-0156 in any correspondence.

	PART B OF THE SUPPORTING STATEMENT

This section is not applicable because statistical methods are not used
in data collection associated with this regulation.

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