[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56108-56110]
[FR Doc No: 2017-25519]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0252]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from two individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before December 27, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0252 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can

be reviewed at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The two individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria\1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not require
anti-seizure medication, the decision whether that person's condition
is likely to cause the loss of consciousness or loss of ability to
control a CMV should be made on an individual basis by the Medical
Examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified Medical
Examiner based on the physical qualification standards and medical best
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

David W. Pamperin

    Mr. Pamperin, 55, has a history of a seizure disorder and has
remained seizure free since 2006. He takes anti-seizure medication,
with the dosage and frequency remaining the same since 2007. His
physician states that he is supportive of Mr. Pamperin receiving an
exemption.

Sury L. Seijas

    Mr. Seijas, 34, has a history of epilepsy and has remained seizure
free since 2007. He takes anti-seizure medication, with the dosage and
frequency remaining the same since 2007. His physician states that he
is supportive of Mr. Seijas receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0252 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for

copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0252 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25519 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P


ICR SUPPORTING STATEMENT OUTLINE
Part A

1. Identification of the Information Collection

1(a) Title of the Information Collection

Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency (Renewal); EPA ICR No. 2260.07, OMB Control No. 2090-0029

1(b) Short Characterization/Abstract

The purpose of this information collection request is to assist the United States Environmental Protection Agency (EPA or the Agency) in selecting federal advisory committee members who will be appointed as Special Government Employees (SGEs), mostly to EPA's scientific and technical committees and panels. To select SGE members as efficiently and cost effectively as possible, the Agency needs to evaluate potential conflicts of interest before a candidate is hired as an SGE and appointed as a member to a committee or panel.

Agency officials developed the "Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency," also referred to as Form 3110-48, for a greater inclusion of information to discover any potential conflicts of interest as recommended by the Government Accountability Office.

2. Need for and use of the Collection

2(a) Need/Authority for the Collection

In June 2001, the Government Accountability Office (GAO) issued a report entitled "EPA's Science Advisory Board Panels  -  Improved Policies and Procedures Needed to Ensure Independence and Balance." GAO recommended that EPA develop policies and procedures that better identify and mitigate potential conflicts of interest and support the development of balanced panels. Recommendations included gathering the required conflict of interest information before a member is selected, specifically:

::	Determine whether each panel will be reviewing a "particular matter" before selecting the panel in order to identify the financial conflict-of-interest requirements, if any, to which the panelists will be subject.

::	Obtain and evaluate relevant background information on peer review panel candidates before appointing panel members. The evaluation should include explicitly discussing with potential panelists: (1) items not adequately reported on the confidential financial disclosure form as well as items reported that could present conflicts of interest; (2) other information relevant to assessing impartiality, such as research conducted and previous public statements or positions on the matter being reviewed, interest of the employer or clients in the matter, participation in legal proceedings, work for chemical companies or other affected industries, and prior or current research grants that could be affected by the matter; and (3) whether they have any potential conflicts of interest related to the specific panel being established. Further, pertinent information obtained from discussions with panelists should be documented."

As part of that effort to respond to GAO's recommendations, EPA developed a new and improved form for its scientific and technical committee's Special Government Employees.

EPA's Designated Federal Officers (DFOs) who manage EPA federal advisory committees experienced great difficulty trying to use the OGE Form 450 to identify actual or potential conflicts of interest of potential candidates for Federal Advisory Committee membership. The OGE Form 450 was confusing for the proposed members and they did not identify all financial interests of possible concern. In response to the GAO's recommendations, EPA developed the Form 3110-48 to ensure that all relevant financial interests are identified and considered during the member selection process. It is important for EPA to have this information collection in place because we continuously need to appoint new SGE members as new advisory committees are created or as members' terms of appointment expire.

The Form 3110-48 is completed by candidates for membership as SGEs on EPA federal advisory committees. The form is completed as part of the member selection process and before they are invited to serve as a member of a federal advisory committee at EPA. The Form 3110-48 is reviewed by the Committee's Designated Federal Officer, and the Program Office Deputy Ethics Official (DEO) to determine whether there is a financial conflict of interest between the proposed member's public responsibilities and private interests/activities and whether there is any appearance of a lack of impartiality. In some cases, the Alternate Designated Agency Ethics Official also reviews the form. As GAO recommended, it is important to collect this information before the potential member is appointed to the advisory committee, because if a conflict of interest is identified after the person is appointed, the Agency may have to terminate the person's membership and identify another person to serve on the committee. This is potentially embarrassing to both the Agency and the appointed member. It is also important to know upfront that a candidate could serve if appointed, as the appointment process is time consuming and, as required by the Federal Advisory Committee Act, the Agency must ensure that the advisory committee is balanced in the points of view represented. If a conflict is identified after a person is appointed to an advisory committee as an SGE, additional time is needed to select a replacement and the Agency loses valuable time and expertise in receiving the advice it needs. Also important is the fact that finding replacement members creates a burden of additional cost and staff hours. Using the Form 3110-48 benefits EPA by increasing efficiency and saving time and money.

Currently ten of EPA's 20 federal advisory committees appoint members as SGEs and have a need to use the Form 3110-48. This number may increase as new committees are added, or decrease as committees are terminated. EPA anticipates averaging approximately 325 SGEs during the next 3 years.

2(b) Practical Utility/Users of the Data

Information gathered from Form 3110-48 will continuously help EPA to evaluate relevant background information on Special Government Employee candidates before appointing members. Using this form enables DFOs to expedite the process of selecting viable candidates for membership on EPA's federal advisory committees.

3. Non duplication, Consultations, and Other Collection Criteria-

3(a) Non duplication

Almost all information requested from respondents under this ICR is personal in nature, and in most cases, is not available from other sources.

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

In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on October 30, 2020 (85 FR 68872) and provided a 60-day comment period.  No significantly relevant comments were received.
3(c) Consultations

In accordance with OMB's Terms of Clearance on the previous approval of this ICR, EPA has reviewed the actual number of SGE confidential disclosure forms received over the last three years and consulted with various agency staff to determine trends in expected committee membership over the next three years. While committee membership can vary year to year, EPA anticipates that the number of SGEs completing the form during the period of this ICR will average 325 per year.

The below respondents were contacted for feedback on this ICR. They confirmed that, on average, it takes approximately an hour to fill out the form.

Robert (Bob) Chapin, Ph.D.
Chair of EPA's FIFRA Scientific Advisory Panel
<EMAIL_ADDRESS>
Sheri Blystone, Ph.D.
Member of EPA's TSCA Science Advisory Committee on Chemicals (SACC)
<EMAIL_ADDRESS>

(3(d) Effects of Less Frequent Collection

The form is required to be updated once a year. The form allows government officials to determine whether there is a statutory conflict between Special Government Employees public responsibilities and private interests and activities, or the appearance of a lack of impartiality, as defined by federal regulation.

18 U.S.C. 208: "An employee is prohibited from participating personally and substantially in an official capacity in any particular matter in which, to his knowledge, he or any person whose interests are imputed to him under this statute has a financial interest, if the particular matter will have a direct and predictable effect on that interest."

5 C.F.R. 2635.502: Appearance of lack of impartiality: "Where an employee knows that a particular matter involving specific parties is likely to have a direct and predictable effect on the financial interest of a member of his household, or knows that a person with whom he has a covered relationship is or represents a party to such matter, and where the person determines that the circumstances would cause a reasonable person with knowledge of the relevant facts to question his impartiality in the matter, the employee should not participate in the matter unless he has informed the agency designee of the appearance of a problem and received authorization from the agency designee".

3(e) General Guidelines

This ICR complies with OMB's general guidelines for the collection of information.

3(f) Confidentiality

Title I of the Ethics in Government Act of 1978 (the Act), 5 USC App., Executive Order 12674, and 5 CFR Part 2634, Subpart I, of the Office of Government Ethics regulations require the reporting of financial information that is relevant to the administration and application of the criminal financial conflict of interest laws, administrative standards of conduct, and agency-specific statutory and program-related restrictions. The primary use of the information collected on this form is to allow EPA to conduct the conflicts reviews in accordance with applicable Federal laws and regulations. The information reported on the Form 3110-48 is "confidential" and required to be withheld from the public pursuant to Section 107(a) of the Act. Agency personnel shall not publicly release the reports or the information contained therein except that disclosures may be pursuant to (1) a Federal, State or local law enforcement agency if the disclosing agency becomes aware of a violation or potential violation of law or regulation; (2) a court or party in a court or Federal administrative proceeding if the Government is a party or in order to comply with a judge-issued subpoena; (3) a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) the National Archives and Records Administration or the General Services Administration in records management inspections; (5) the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. The confidential report will not be disclosed to any requesting person unless authorized by law.

EPA requires SGEs who are new to a federal advisory committee to complete parts 2-9 of Form 3110-48 before participating in a Committee activity. Subsequently, SGEs must file reports annually to report on the previous calendar year. For these annual reports, the SGEs must complete parts 2-8. In addition, they must complete Part 1 ("Statement regarding any change since annual submission of the form") and Part 9 ("Identification of any other information related to conflicts of interest or appearance of a lack of impartiality") before participating in any new advisory activity. Filers must provide sufficient information about outside interests and activities so that EPA DFOs and ethics officials can make an informed judgment regarding any conflict of interest or appearance of lack of impartiality. EPA staff may contact proposed SGEs to obtain additional information if necessary, to determine whether there is a conflict between an SGE's public responsibilities and his/her or his/her spouse's private interests and activities.

3(g) Sensitive Questions

See response to 3(f).

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

A Special Government Employee (SGE) is a person who is retained, designated, appointed, or employed to perform, with or without compensation, for a period not to exceed 130 days during any period of 365 consecutive days, temporary duties for the Federal Government either on a full-time or intermittent basis. SGEs who provide advice to EPA are required to file the Form 3110-48 in lieu of the Office of Government Ethics Form 450 to disclose confidential financial information. Form 3110-48 has been reviewed and approved for use by the Office of Government Ethics.

4(b) Information Requested

 Data items, including record keeping requirements

The Agency will maintain records of the Form 3110-48. Designated Federal Officers from Offices sponsoring federal advisory committees will retain files of the completed form. The Agency does not anticipate any record keeping activities on the part of the respondents under this ICR.

 Respondent Activities

After being nominated by an outside party or themselves, respondents will be asked to
complete the Form 3110-48. The form will require one hour to complete. Subsequent forms filed annually should take less time to complete as respondents gain familiarity with its information requirements and may only need to make slight changes to information filed previously.

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

5(a) Agency Activities

To respond to this ICR, we estimated the DFO spends one hour reviewing each Form 3110-48 (sometimes calling and asking for further clarification or to address areas not filled out completely). The DFO labor cost is estimated to be a GS-14 Step 6, which is $68.50  per hour (rounded to $69  per hour) according to the Office of Personnel Management's 2021 Salary Table (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/21Tables/html/DCB_h.aspx).

The EPA Deputy Ethics Official (DEO) labor cost is estimated to be a GS-15 Step 7, which is $82.65 rounded to $83 per hour at one hour per form. Both DFO and DEO total labor rates below include a factor of 1.6 (60%) for overhead costs.

DFO Cost
EPA estimates that approximately 325 SGEs will serve on EPA's federal advisory committees over the next 3 years. Multiplying the number of SGEs (325) by the 3-year average dollar amount paid to EPA's DFOs ($69), and multiplying the subtotal cost of $22,425 by 1.6 (60% overhead) to allow for employee overhead costs, we estimate the subtotal to be $35,880.

Year 1 @ $69 for 1 hour x 325 = $22,425 x 1.6 = $35,880
Year 2 @ $69 for 1 hour x 325 = $22,425 x 1.6 = $35,880
Year 3 @ $69 for 1 hour x 325 = $22,425 x 1.6 = $35,880

DEO Cost
Multiplying the number of SGEs (325) by the dollar amount paid to EPA's DEO with a 3-year average cost ($83), and multiplying the cost of $26,975 by 1.6 (60% overhead) to allow for employee overhead costs, we estimate the subtotal to be $43,160.

Year 1 @ $83 for 1 hour x 325 = $26,975 x 1.6 = $43,160
Year 2 @ $83 for 1 hour x 325 = $26,975 x 1.6 = $43,160
Year 3 @ $83 for 1 hour x 325 = $26,975 x 1.6 = $43,160

Total DFO and DEO Cost Using 3-Year Average
The total 3-year average dollar burden estimate for this ICR (for both DFOs and DEO) is approximately $79,040 each year.

DFO 3-year average $35,880 + DEO 3-year average $43,160 = $79,040

Agency (EPA) activities associated with the collection of information include:

Designated Federal Officers (DFOs) for each committee with Special Government Employees (SGEs), Deputy Ethics Official, Assistant Deputy Ethics Official:
   ::	First internal EPA review and approval of Form 3110-48 (completed 2003)
   ::	Second internal EPA review and approval of Form 3110-48 (completed 2007)
   ::	Taking actions to review the form, ascertain improvements, and revise periodically (approximately 3-year intervals or more if needed)

Designated Federal Officers (DFOs) for each committee with Special Government Employees (SGEs):
   ::	Providing copies of the mandatory form
   ::	Answering any respondent questions, follow-up
   ::	Gathering respondents completed forms
   ::	Reviewing and analyzing data
   ::	Recordkeeping/storing completed form
   ::	Forwarding form to EPA's Deputy Ethics Official for review and analyzing

Deputy Ethics Official:
   ::	Review, analyze, follow-up, and approve or disapprove form

5(b) Collection Methodology and Management

In collecting and analyzing the information associated with this ICR, EPA will use a telephone system, personal computers, e-mail and websites from which the respondents can obtain blank forms, as well as using the mail and committee meetings for distribution of the form. Although candidates (respondents) may type their information on the form on-line, they must then print the form and sign it. They may return the form by mail but may not return the form by e-mail as an original signature is required.

Although EPA uses internet websites and e-mail to distribute the blank forms, this form is not a survey instrument, and no database is necessary to aggregate results. This information is not available to the public.

5(c) Small Entity Flexibility

Not applicable.

5(d) Collection Schedule

   ::	After being nominated by an outside party or themselves, respondents are asked to Complete the Form 3110-48 (No schedule  -  dates are variable).

   ::	After the initial completion of the Form 3110-48, respondents are asked to update the form annually (generally during January of each year). Respondent's confidential financial information is not made public.

6. Estimating the Burden and Cost of the Collection

6(a) Estimating Respondent Burden

To respond to this ICR, we estimated that each responding SGE candidate will take one hour to complete the Form 3110-48. We anticipate that EPA will pay an estimated labor cost of $697 (GS-14 Step 6), which including the standard overhead factor of 1.6 produces a loaded wage rate of $110.40. We estimate that approximately 325 SGEs will have to respond to this request each year. Multiplying the estimated number of SGE members (325) by the dollar amounts to be paid to EPA's SGEs each successive year, and multiplying the subtotal costs of each successive year by 1.6 to allow for respondent overhead costs, we estimate that the total dollar burden estimate for this ICR to be approximately $35,880 for year 1, $35,880 for year 2 and $35,880 for year 3. The grand total for all 3 years is estimated at $107,640. The annual average respondent cost over the three years is $35,880, as indicated in the following annual respondent burden and cost table.

6(b) Estimating Respondent Costs

 Estimating Labor Costs

Respondent Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
Complete and submit form
1
$110
325
$35,880

(ii) Estimating Capital and Operations and Maintenance Costs

Not applicable.

 Capital/Start-up Operating and Maintenance (O&M) Costs

Not applicable.

 Annualizing Capital Costs

Not applicable.

6(c) Estimating Agency Burden and Cost

Agency Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
DFO:
Review form and forward to DEO for approval; Maintain record copy
1
$110
325
$35,880
DEO:
Review and approve form
1
$133
325
$43,160
Total Cost

$79,040

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

See 6(a) and (b).

6(e) Bottom Line Burden Hours and Cost Tables

 Respondent Tally

Respondent Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
Complete and submit form
1
$110
325
$35,880

 The Agency Tally

Agency Activity
Burden Hours/Respondent
Labor Cost/Hour (Loaded)
Number of Respondents
Total Cost/Year
DFO:
Review form and forward to DEO for approval; Maintain record copy
1
$110
325
$35,880
DEO:
Review and approve form
1
$133
325
$43,160
Total

$79,040

(iii) Variations in the Annual Bottom Line

We do not anticipate major variations in the annual bottom line burden hours and costs for the respondents or the Agency.

6(f) Reasons for Change in Burden

There is a decrease of 175 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This change is due to a decrease in the estimated number of respondents (from 500 to 325).

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average one hour per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OA-2010-0757, which is available for online viewing at www.regulations.gov, or in person viewing at the Office of Mission Support Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Office of Mission Support Docket is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. 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-OA-2010-0757 and OMB Control No. 2090-0029 in any correspondence.


[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]
[Page 49506-49507]
[DOCID:fr13au10-76]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2010-0048]

Recovery Policy, RP9525.16, Research-Related Equipment and
Furnishings

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on Recovery Policy RP9525.16 Research-related Equipment and
Furnishings. This is an existing policy that is scheduled for review to
ensure that Recovery Directorate policies are consistent with current
laws and regulations. This policy identifies the expenses associated
with disaster-damaged research-related equipment and furnishings of
eligible private nonprofit or public facilities that are eligible for
reimbursement under the Public Assistance Program.

DATES: Comments must be received by September 13, 2010.

ADDRESSES: Comments must be identified by docket ID FEMA-2010-0048 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
    Mail: Rules Docket Manager, Office of Chief Counsel, Federal
Emergency Management Agency, Room 835, 500 C Street, SW., Washington,
DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Deborah Atkinson, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
in the footer of www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESSES section above. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2010-
0048. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://
www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C
Street, SW., Washington, DC 20472.

II. Background

    Eligible Public Assistance applicants conducting active research
programs, and that have incurred damages to their facility as a result
of a declared major disaster, may be eligible for Public Assistance
grant funding for replacement or repair of facilities and the equipment
and/or furnishings contained within. The cost of performing research
itself is not eligible for Public Assistance grant funding. Because
research is not identified as an eligible PNP service under 44 CFR
206.221(e), an active research program must support an eligible
function such as an educational or medical function in order for the
facilities, equipment and/or furnishings to be eligible. The draft
updated policy proposes to include insurance considerations for the
applicant that may affect Public Assistance funding.
    FEMA seeks comment on the proposed policy, which is available
online at http://www.regulations.gov in docket ID FEMA-2010-0048. Based
on the comments received, FEMA may make appropriate revisions to the
proposed policy. Although FEMA will consider any comments received in
the drafting of the final policy, FEMA will not provide a response to
comments document. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final policy available at http://www.regulations.gov.

    Authority: 42 U.S.C. 5121-5207; 44 CFR part 206.

David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2010-20071 Filed 8-12-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Page 1148]
[FR Doc No: 2011-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12576-004]

CRD Hydroelectric LLC, Iowa; Notice of Availability of
Environmental Assessment

December 23, 2010.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission) regulations,
18 CFR Part 380 (Order No. 486, 52 FR 47879), the Office of Energy
Projects has reviewed the application for an original license for the
Red Rock Hydroelectric Project (FERC Project No. 12576-004), to be
located on the Des Moines River, in Marion County, Iowa, at the U.S.
Army Corps of Engineers' Red Rock Dam.
    Staff prepared an environmental assessment (EA), which analyzes the
potential environmental effects of licensing the project, and concludes
that licensing the project, with appropriate environmental protection
measures, would not constitute a major federal action that would
significantly affect the quality of the human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>toll-free at 1-866-208-3676, or for TTY,
202-502-8659.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Any comments should be filed within 30 days from the date of this
notice. Comments may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/doc-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    For further information, contact Lesley Kordella at<PHONE_NUMBER>
or by e-mail at<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-45 Filed 1-6-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Page 26857]
[FR Doc No: 2016-10364]

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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 19d-1, SEC File No. 270-242, OMB Control No. 3235-0206.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), 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 19d-
1 (17 CFR 240.19d-1) under the Securities Exchange Act of 1934 (17
U.S.C. 78a et seq.) (``Exchange Act'').
    Rule 19d-1 prescribes the form and content of notices to be filed
with the Commission by self-regulatory organizations (``SROs'') for
which the Commission is the appropriate regulatory agency concerning
the following final SRO actions: (1) Disciplinary actions with respect
to any person; (2) denial, bar, prohibition, or limitation of
membership, participation or association with a member or of access to
services offered by an SRO or member thereof; (3) summarily suspending
a member, participant, or person associated with a member, or summarily
limiting or prohibiting any persons with respect to access to or
services offered by the SRO or a member thereof; and (4) delisting a
security.
    The Rule enables the Commission to obtain reports from the SROs
containing information regarding SRO determinations to delist a
security, discipline members or associated persons of members, deny
membership or participation or association with a member, and similar
adjudicated findings. The Rule requires that such actions be promptly
reported to the Commission. The Rule also requires that the reports and
notices supply sufficient information regarding the background, factual
basis and issues involved in the proceeding to enable the Commission:
(1) To determine whether the matter should be called up for review on
the Commission's own motion; and (2) to ascertain generally whether the
SRO has adequately carried out its responsibilities under the Exchange
Act.
    It is estimated that approximately eighteen respondents will
utilize this application procedure annually, with a total burden of
approximately 2,250 hours, based upon past submissions. This figure is
based on eighteen respondents, spending approximately 125 hours each
per year. It is estimated that each respondent will submit
approximately 250 responses. Commission staff estimates that the
average number of hours necessary to comply with the requirements of
Rule 19d-1 for each submission is 0.5 hours. The average cost per hour,
per each submission is approximately $101. Therefore, it is estimated
that the internal labor cost of compliance for all respondents is
approximately $227,250 (18 respondents x 250 responses per respondent x
0.5 hours per response x $101 per hour).
    The filing of notices pursuant to Rule 19d-1 is mandatory for the
SROs, but does not involve the collection of confidential information.
Rule 19d-1 does not have a record retention requirement.
    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 C. 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: April 28, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-10364 Filed 5-3-16; 8:45 am]
 BILLING CODE 8011-01-P