Supporting Statement for a Request for OMB Review under The Paperwork Reduction Act 1 IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection Title: Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment ( TSCA Section 8( c))

EPA ICR No.: 1031.08 OMB Control No.: 2070 0017 1( b) Short Characterization Section 8( c) of the Toxic Substances Control Act ( TSCA), 15 U. S. C. 2607( c), P. L. 94 469 ( see Attachment 1), requires that " any person who manufactures ( including imports), processes, or distributes in commerce any chemical substance or mixture" must keep " records of significant adverse reactions to health or the environment, as determined by the Administrator by rule, alleged to have been caused by the substance or mixture."

EPA promulgated 40 CFR 717, " Allegations that Chemical Substances Cause Significant Adverse Reactions to Health or the Environment; Subpart A  Recordkeeping and Reporting," on August 22, 1983 ( 48 FR 38178) ( see Attachment 2). This rule became effective on November 21, 1983. The rule requires manufacturers ( including importers) and processors of chemical substances and mixtures to keep records of " significant adverse reactions" alleged to have been caused by such substances or mixtures. The rule also prescribes the conditions under which a firm must submit or make the records available to a duly designated representative of the Administrator.

TSCA section 8( c) requires that allegations of adverse reactions to the health of employees be kept for thirty years, and all other allegations be kept for five years.

2 NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection TSCA section 8( c) requires any person who manufactures ( including imports), processes, or distributes in commerce any chemical substance or mixture to maintain records of significant adverse reactions to health or the environment, as determined by the Administrator by rule, alleged to have been caused by the substance or mixture.  2 Because the rule contains no automatic reporting provision, the only way EPA can obtain and use the information contained in company files is to either inspect the files or require reporting of records that relate to specific substances of concern. 40 CFR 717.17 contains such authority to inspect and require such reporting. EPA will review relevant TSCA section 8( c) records in connection with its TSCA chemical assessment activities.

All studies submitted to EPA will be verified and the contents of the submissions recorded and inspected for the inclusion of confidential business information. Photocopies of the documents will then be prepared for inclusion in EPA's public docket and distributed, as appropriate and based on the associated chemical identity, to program offices at EPA and/ or to other federal agencies for scientific analysis. A coding form will be completed to capture certain descriptive information such as identity, document control number, confidentiality indicator, document title, document date, receipt date and chemical identity. The document will be microfiched and stored for archival purposes.

2( b) Use/ Users of the Data Information contained in the TSCA section 8( c) allegation records will have several uses. The information collected will be used on a case specific basis to evaluate suspected adverse health or environmental effects of a chemical substance or mixture already under assessment by OPPT. Most of these substances will be " existing" chemicals, e. g., chemicals for test rule consideration, substances that are the subjects of TSCA section 8( e) notices of substantial risk, or substances or mixtures brought to the attention of OPPT by other EPA programs, other government agencies, industry, or the public. However, TSCA section 8( c) reports also may be required on " new" chemicals as one means of monitoring for any suspected or potential hazards identified during the premanufacture notification ( PMN) review period.

By using TSCA section 8( c)' s reporting authority, EPA can examine such records whenever a chemical is discovered to present possible risks to human health or the environment.

On a case specific basis, requiring reporting of TSCA section 8( c) records will also serve as a discovery function. It will help identify trends of adverse affects across the industry that may not be apparent to any one company. It will also serve as a long term trend identification function because of the 5 year and 30 year recordkeeping feature of the statute.

As the recordkeeping and reporting provisions of section 8( c) are of central importance in the administration of section 8 of TSCA, EPA would not be able to meet its obligation under TSCA without having the capability to carry them out.  3 3 NON DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA 3( a) Non Duplication Information recorded and reported is specific for compliance with the TSCA section 8( c) rule. There are no other EPA programs or other agencies/ departments that would have this specific information nor does any other program have direct authority to access such information.

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

3( c) Consultations Prior to proposing the TSCA section 8( c) rule, EPA held information meetings with the following groups:

" Oil, Chemical, and Atomic Workers Union " AFL/ CIO " Environmental Defense Fund " American Textile Manufacturing Association " Chemical Manufacturers Association " Chemical Specialty Manufacturers Association " Rubber Manufacturers Association " National Congress of Petroleum Retailers " National Association of Chain Drugstores During the public comment period, EPA received 160 comments from a wide variety of groups including the Chemical Manufacturers Association, American Petroleum Institute, chemical manufacturers and processors, chemical industry representatives, and environmental and labor organizations. In addition, EPA held public meetings on the proposed rule in Washington, D. C., Newark, New Jersey, and Houston, Texas.

In promulgating the final TSCA section 8( c) rule, EPA contacted Allied Chemical, American Cyanamid, Monsanto, Proctor and Gamble, Stauffer Chemical, and Union Carbide to obtain industry estimates on the number of expected allegations and company indirect costs. In addition, the TSCA section 8( c) final rule concept was reviewed by the Administrator's Toxic Substance Advisory Committee, which was composed of representatives of business and environmental groups.  4 Since promulgation, provisions of the final rule have been thoroughly discussed in briefings with representatives of the chemical industry. Also, certain aspects of the rule were subsequently modified via notice and comment rulemaking based upon recommendations by members of the industry and after full consideration of comments from representatives of industry, labor groups, environmental groups, and the general public.

OPPT has provided continuing interpretive guidance to interested parties whenever the need has arisen. In July of 1986, OPPT conducted a seminar for industry representatives on TSCA that included information exchange regarding TSCA section 8( c). Another such industry seminar was conducted in 1990. TSCA section 8( c) has also been discussed at a variety of other seminars and meetings with industry over the last 15 years.

3( d) Effects of Less Frequent Collection Currently, EPA uses its authority to collect information pursuant to the TSCA section 8( c) rule sparingly. It would be irresponsible and contrary to the intent of TSCA to arbitrarily limit the number of collections available to EPA under TSCA section 8( c). Currently, EPA anticipates issuing infrequent requests (< 2/ year) for TSCA section 8( c) reporting. However, reporting requests may occur more frequently because individual notices or letters containing such TSCA section 8( c) requests may be clustered in the same year. If EPA were limited to only two such actions per year, it would prevent the agency from exercising its responsibility under the law. In addition, chemical disasters such as the Bhopal incident are obviously unpredictable. OPPT must reserve the capability to require records submission on an as needed basis in order to gather relevant information related to such matters. TSCA section 8( c) allegation records are part of such related information.

3( e) General Guidelines The record retention provisions of TSCA section 8( c) and 40 CFR part 717 exceed the Paperwork Reduction Guidelines ( 5 CFR 1320.6) in that they require respondents to maintain records other than health, medical, or tax records, for more than three years. TSCA section 8( c) authorizes EPA to require persons ( i. e., manufacturers ( including importers), processors, or distributors) to maintain records of adverse reactions to the health of employees for a period of 30 years from the date such reactions were first reported or known to the person maintaining the record. Any other record of such adverse reactions ( e. g., to the environment, non employees) is required to be retained for a period of 5 years. 40 CFR part 717 incorporates these record retention provisions authorized by TSCA.

3( f) Confidentiality Respondents may assert a claim of business confidentiality with respect to all or part of an allegation submission. Such submissions will be handled in accordance with the provisions at 40 CFR Part 2.  5 3( g) Sensitive Questions This section is not applicable. The information does not include responses to questions of a sensitive nature.

4 THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondent NAICS Codes Respondents affected by this collection activity are mainly NAICS categories 325  Chemicals and Allied Products Manufacturers and 32411 Petroleum Refining.

4( b) Information Requested ( i) Data Items Records maintained pursuant to 40 CFR Part 717 must consist of the following:

a. The original allegation as received. b. An abstract of the allegation and other pertinent information as follows:

1. The name and address of the plant site that received the allegation. 2. The date the allegation was received at that site. 3. The implicated substance, mixture, article, company process or operation, or site discharge. 4. A description of the alleger ( e. g., employee, neighbor), including age and sex, if ascertainable. 5. A description of the health effects, including explanation of how the effects became known and the route of exposure, if explained in the allegation.

c. The results of any self initiated investigation with respect to an allegation. EPA does not require such investigation under the section 8( c) rule.) d. Copies of any further required records relating to the allegation ( e. g., records required under OSHA).

Each person who is required to keep records under this part must submit copies of those records to EPA as required by the Administrator or appropriate designee. EPA will notify those responsible for reporting by letter or will announce any such requirements by notice in the Federal Register.  6 ( ii) Respondent Activities Respondents must do two things: ( 1) maintain records of significant adverse reactions, and ( 2) submit copies of these allegation records when required by EPA.

Persons subject to the rule must record significant reactions alleged to have been caused by substances or mixtures that they manufacture, import, or process. These firms must establish a recordkeeping system for such allegations and monitor incoming complaints to determine if they meet the criteria for filing. Allegations that are filed must be retained for 30 years if they are employee related and for 5 years for all other types/ sources of allegations.

Firms subject to the rule must keep their TSCA section 8( c) records at company headquarters or at a site central to their chemical operations. A multi site company will usually require the responsible official at the individual plant site to forward potentially recordable TSCA section 8( c) allegations to a designated TSCA coordinator at their operations headquarters. Depending on the size of the company, such allegations will be reviewed by a committee to determine if the allegations relate to the company's product, operations, or discharges. If so, the effects cited in the allegation are compared against the rule's definition and examples of " significant adverse reaction." If the allegation meets this test, it is recorded. The actual allegation record is to be comprised of an abstract of the allegation along with a record of any company initiated investigation and other pertinent documents. The rule does not require further investigation. EPA requires that allegations be filed so that they may be readily retrievable by the alleged " cause" of the reaction. EPA does not, however, require a specific form under this rule.

Firms subject to this rule must maintain an awareness of their reporting requirements. A reporting requirement will take the form of a letter directed to selected respondents or it will be a notice in the Federal Register. Respondents are responsible for monitoring the Federal Register for such notices. Whenever feasible, EPA will also notify those companies that can be identified with the production, importation or processing of a substance or mixture in question. Respondents must then determine if they manufacture or process the chemical substance or mixture. If so, they must conduct a search of their TSCA section 8( c) files to determine if there are any relevant records of significant adverse reactions alleged to have been caused by the substance or mixture. If such records are present, they must make a photocopy of those records and mail it with a cover letter to EPA. The company should note that they have submitted such records to EPA so that future duplicative reporting will not occur.  7 5 THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities OPPT is the primary user of the information gathered under the authority of this rule. In addition, information may be gathered for other EPA program offices/ regions, and other Federal or state health or environmental agencies.

EPA personnel involved in monitoring recordkeeping, initiating reporting requests, and reviewing responses will be staff of the Chemical Information and Testing Branch ( CITB) of the Chemical Control Division ( CCD), the Director of CCD and the Director of the Office of Pollution Prevention and Toxics ( OPPT). ( For more information about the Chemical Testing Program, go to: http:// www. epa. gov/ opptintr/ chemtest/ index. htm.)

As OPPT receives submissions, they will be logged in and reviewed for confidentiality considerations. Copies of submissions will be made available to offices within OPPT that are assessing the substances of concern. Non confidential versions of the submissions will be placed in a public docket and will be available for review by other government agencies and the public.

5( b) Collection Methodology and Management EPA has not been able to identify a more efficient, less expensive or more flexible means of obtaining the required data. At present there is no new technology applicable to the collection of this information that would minimize the collection burden.

Any reporting requirements will have a minimum reporting schedule of forty five days as outlined in the regulation. Neither the rule nor EPA requires the use of any particular methodology or technology for the retention or transmittal of TSCA section 8( c) records.

To aid persons subject to this information collection, OPPT has set up a TSCA Hotline that provides information regarding TSCA section 8( c) reporting as well as other regulatory information. When Hotline staff are unable to answer questions regarding TSCA section 8( c), the questions are referred to OPPT/ CCD staff for appropriate resolution.

5( c) Small Entity Flexibility Unlike section 8( a) of TSCA, Congress did not include a specific exemption of small businesses in TSCA section 8( c). This rule does not exempt small manufacturers ( including importers) or processors of chemicals from its provisions. This is due to EPA's belief that workers, plant neighbors and consumers may be adversely affected by products, emissions, etc., produced or created by firms of all sizes.  8 However, the TSCA section 8( c) rule was written to concentrate the recordkeeping and reporting burdens on those firms generally associated with the mainstream chemical industry. EPA specifically eliminated most distributors and effectively limits the number of processors subject to the rule. By doing so, EPA has eliminated a large number of small businesses from the purview of the rule without compromising its objectives.

5( d) Collection Schedule If EPA publishes in the Federal Register a reporting requirement relating to a chemical substance or mixture, or requests such reporting by letter, then manufacturers ( including importers) and processors of such substance or mixture must submit a copy of relevant allegation records in their files. TSCA section 8( c) reporting requirements will be developed on an asneeded basis and could initially require only the submission of an abstract of the allegation record, which is generally one page in length, not the full allegation file.

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION This section presents the estimates of the industry burden hours and costs associated with TSCA section 8( c) activities. The specific action required to comply with a TSCA section 8( c) reporting are assumed to include review of the Federal Register for notices regarding specific chemicals, recording pertinent information on allegations and storing such records, and reporting allegations to EPA when required.

6( a) Estimating Respondent Cost and Burden Steps required to estimate burden associated with these activities include estimating the number of affected firms, the number of allegations, and number of reports. Unit estimates of burden for the various activities are also required. These unit estimates are then coupled with the number of allegations, reports, and notice reviews to develop total burden estimates for the industry.

Estimates of costs require estimation of wage rates for personnel who are expected to participate in TSCA section 8( c) activities. These, coupled with the burden hours associated with the various tasks, provide the basis for industry cost estimates.

Estimate of the Number of Firms For previous TSCA section 8( c) ICR analyses, EPA investigated potential data sources of numbers of firms/ plants and their employment and parent company sales to estimate the number of firms subject to TSCA section 8( c) requirements. EPA initially concluded that a Dun and Bradstreet database, Dun's Market Identifiers, ( DMI), provided the most complete and timely 1 USEPA, " Comparison of Data Sources for Characterizing Manufacturers and Processors," Draft Report, Prepared by Centaur Associates, Inc. under EPA contract No. 68 02 3980, Washington, DC; November 6, 1986.

 9 data. 1 The DMI data base contains employment data for each of a firm's plants as well as parent firm sales data. For this ICR, EPA used publically available data from the Bureau of the Census, to allow for transparency in its analyses.

The first step in the analysis was to gather information on the number of firms and employees from the Bureau of the Census's 2002 County Business Patterns for NAICS code 325 ( Chemical and Allied Products) or NAICS code 32411 ( Petroleum Refining and Related Industries). EPA chose those NAICS codes to define the firms who manufacture ( including import) and process chemical substances.

The number of employees for these firms was calculated using only employment figures from County Business Patterns for those plants that fall under NAICS 325 or NAICS 32411. Data from Country Business Patterns show that since the earlier analyses, the number of firms has risen slightly, while the number of employees has fallen slightly.

The following table lists the number of firms and employees.

Table 1. Numbers of Firms and Employees Number of Firms Total Number of Employees Avg. Employees per Firm 13,445 909,562 68 Estimate of the Number of Allegations of Significant Adverse Health Reactions The total number of allegations was based upon the average number of employees per firm and number of firms multiplied by a standard annual allegation rate per employee.

The Agency received numerous public comments following the issuance of the initial TSCA section 8( c) proposal, including many comments about the Agency's estimate of the number of allegations. In response to these comments, EPA contacted a number of firms to develop a consensus estimate. According to the 1983 ICR, the consensus opinion of the firms contacted was that recordable TSCA section 8( c) allegations are likely to made by 0.5 percent of the workforce.

For the 1983 ICR, EPA assumed that the allegation rate made by the general public would be about one third the employee allegation rate. Based on the average number of employees per firm, the estimate of annual per firm allegations is presented below. 2 Abt Associates, Inc. " ICR Burden Estimates: SIC 28 and SIC 2911." Memorandum to Wendy Hoffman, RIB/ OPPT/ EPA; September 22, 1995.

3 USEPA, " Chemical on Reporting Rules Database ( CORR)," CCD and CSB, June 1990; and EPA, " Chemical on Reporting Rules Database ( CORR): Update," CCD and CSB; October 31, 1992.

4 USEPA, [ Untitled Computer Printout], IMD; June 3, 1992.

5 Sherlock, Scott, Information Management Division. Phone conversation with Wendy Hoffman based upon " TSCA Reports to Congress for EPA Fiscal Years 1992 93;" August 1994.

5 Rice, Cody. " Wage Rates for Economic Analysis of the Toxics Release Inventory Program;" June 10, 2002.

 10 Table 2. Estimated Number of Allegations Firms Avg. Number of Employees Average Annual # of Allegations Total Allegations Employee Public Total 13,445 68 0.34 0.11 0.45 6,050 Estimate of the Number of Reports For previous TSCA section 8( c) ICR analyses, EPA estimated that it would issue a maximum of six industry wide notices per year requiring reporting on a maximum of 100 chemicals. The Agency estimated that an average of approximately five firms per chemical would actually be subject to reporting, resulting in the submission of an industry wide total of 500 reports. However, to date, only a very limited amount of reporting has been required under TSCA section 8( c), and this is not expected to change during the period covered by this ICR. 2 To date, only two reporting notices have been issued under TSCA section 8( c) 3 and these two notices covered two chemicals and two chemical categories. A total of 31 reports have been received under TSCA section 8( c) 4 5. This represents an average of only about 1.5 reports per year since the rule was promulgated in 1983.

Estimated Wage Rates The basic methodology used to derive loaded wage rates for technical, managerial, and clerical personnel is described more fully in Wage Rates for Economic Analysis of the Toxics Release Inventory Program. 5 These rates differ from those used in previous versions of the TSCA 8( c) ICR, and represent a more accurate picture of industry wages, based on public information. 6 Employer Costs for Employee Compensation, Private industry workers, Goods producing industries, white collar occupations, as published by the U. S. Department of Labor, Bureau of Labor Statistics. The December 2003 values for these series were extracted on June 21, 2004.

7 An overhead rate of 17 percent applied only to wages is consistent with recent economic analyses. See " Wage Rates for Economic Analyses of the Toxics Release Inventory Program," June 10, 2002; and the " Revised Economic Analysis for the Amended Inventory Update Rule: Final Report," August 2002.

 11 December 2003 average wages for technical, managerial, and clerical labor were taken from the Employer Costs for Employee Compensation ( ECEC) report from the Bureau of Labor Statistics for all goods producing, private industries. 6 The additional cost of benefits, such as paid leave and insurance (" fringe benefits"), specific to each labor category, are also taken from the same BLS series. Fringe benefit as a percentage of wage is then calculated separately for each labor category. For example, the average wage rate in December 2003 for technical labor was $ 28.36; the average fringe benefit was $ 12.90. So fringe benefit as a percentage of wage rate for technical labor was 12.90/ 28.36, or approximately 45.5%.

An additional loading factor of 17 percent is applied to wages for overhead. 7 This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage. The fully loaded wage for technical labor, for example, is $ 28.36*( 1+ 0.455 + 0.17) = $ 28.36*( 1.625) = $ 46.08.

Fully loaded costs for managerial and clerical labor were calculated in a similar manner.  12

Table 3. Derivation of Loaded Wage Rates Labor Category Data Sources Wages and Fringes / Hour Fringe Benefits as % of Wage Overhead as % of Wage* Fringe + Overhead Factor Loaded Wage Rate Date Wages $ Fringe Benefits $

Technical BLS Employer Costs for Employee Compensation. Private industry,

goodsproducing industries, Professional,

Specialty, & Technical. Dec 2003 $ 28.36 $ 12.90 45.5% 17% 1.625 $ 46.08 Managerial BLS Employer Costs for Employee Compensation. Private industry,

goodsproducing industries, Executive,

administrative, & Managerial. Dec 2003 $ 32.90 $ 15.33 46.6% 17% 1.636 $ 53.82 Clerical BLS Employer Costs for Employee Compensation. Private industry,

goodsproducing industries, Administrative support, including clerical. Dec 2003 $ 15.09 $ 6.81 45.1% 17% 1.621 $ 24.47 * An overhead rate of 17 percent applied to wages is used for consistency with recent EPAB economic analyses for two major rulemakings: " Wage Rates for Economic Analyses of the Toxics Release Inventory Program," June 10, 2002, and the " Revised Economic Analysis for the Amended Inventory Update Rule:

Final Report;" August 2002.

Note: Calculations are based on unrounded values, so the total may not equal the product of the rounded factors. 8 EPA, " Economic Analysis of TSCA Section 8( c) Significant Adverse Reaction Recordkeeping Rule, OTS/ ETD/ RIB," January 1983.

 13 Unit Burden Hours and Costs Unit costs for each of the burdens associated with the TSCA section 8( c) requirements are calculated in this section using the wage rates presented above ( see Table 4).

i. Unit Recordkeeping Burden and Costs Based on the original TSCA section 8( c) analysis, EPA estimates that a firm's TSCA section 8( c) coordinator will spend 2 to 3 hours to determine the status of an allegation. 8 For the purposes of this analysis, it is assumed that 3 hours are needed. This level of effort will occur for all allegations received. If the allegation is found to be recordable, the coordinator completes a form, has it typed and checks it for accuracy. This will require 0.5 hours of clerical time and an additional 0.5 hours of managerial time. Assuming that all allegations are recordable, a total of 4 hours are expended per allegation ( 3.5 hours managerial plus 0.5 hours clerical). Storage costs for the allegations are believed to be negligible.

ii. Unit Reporting Burden and Costs Based on the original TSCA section 8( c) analysis, EPA estimates that a management level company official will spend one hour reviewing the Federal Register notice or letter from EPA to determine whether the company manufactures ( including imports) or processes substances subject to the reporting requirement.

Technical personnel would then spend an estimated two hours conducting a search of the company's TSCA section 8( c) files for any relevant allegation records. Once the file search is complete, EPA estimates that a managerial employee would spend two hours preparing a transmittal letter and other explanatory material to accompany the allegation records. An upperlevel management official would spend an additional two hours reviewing these materials. One hour of clerical labor would be required to prepare and mail the response. A total of eight hours is expended per report ( five managerial hours, two technical hours and one clerical hour) ( See Table 4).

iii. Unit Reviewing Burden and Cost Based on the original TSCA section 8( c) analysis, EPA estimates that 0.25 hour of managerial labor would be required to review each Federal Register notice ( see Table 4).  14 Table 4. Unit Respondent Burden and Cost Estimates Activity Clerical Hours Technical Hours Manager Hours Total Hours Total Cost Recordkeeping, per allegation 0.5 3.5 4.0 $ 200.61 Reporting, per report 1.0 2.0 5.0 8.0 $ 385.73 Federal Register Notice review, per Notice 0.25 0.25 $ 13.46 Total unit burden per respondent 1.5 2.0 8.75 12.25 $ 599.80 Total Industry Costs and Burden i. Total Recordkeeping Costs and Burden The unit cost for recordkeeping is multiplied by the average annual number of allegations per firm. This figure is then multiplied by the number of firms. These results are presented in the table below.

Table 5. Total Industry Recordkeeping Costs # of Firms Allegations per Firm Cost per Allegation Total Cost 13,445 0.45 $ 200.61 $ 1,213,741 Table 6. Total Industry Recordkeeping Burden # of Firms Average Annual Number of Allegations Total Allegations Hours per Allegation Total Burden Hours 13,445 0.45 6,050 4 24,200 Total annual burden hours is 24,200 hours ( 6,050 allegations * 4 hours per allegation).

ii. Total Reporting Burden and Cost The EPA assumes that 1.5 TSCA section 8( c) reports will be required annually, based on the 31 reports received in 21 years of the rule. The cost of submitting these reports is determined by multiplying the annual number of reports by the unit reporting cost.  15 Table 7. Industry Reporting Cost Annual Number of Reports Cost per Report Total Cost 1.5 $ 385.73 $ 578.60 Total burden hours are 1.5 reports * 8 hours/ report ( from Unit Reporting Burden and Costs) = 12 hours.

iii. Federal Register Notice Review Burden and Cost Historically, the Agency has published an average of only 0.1 notices each year. Therefore, each firm would require only slightly more than two minutes, or 0.025 hour of managerial labor per year for notice review. The total cost to industry of reviewing the Federal Register notices is estimated below.

Table 8. Federal Register Notice Review Cost Number of Firms Cost per Firm Total Cost 13,445 $ 1.35 $ 18,097 Total Federal Register notice review cost is $ 18,097.

Table 9. Federal Register Notice Review Burden Number of Firms Notices per Firm Hours per Notice Total Hours 13,445 0.10 0.25 336 Total burden is estimated to be 336 hours.  16 Table 10. Annual Burden to Industry Collection Activity Hours per Respondent Respondents per Year Hours per Year Recordkeeping 4.00 6,050( 1) 24,200 Reporting 8.00 1.5 12 Notice Review 0.25 1,345( 2) 336 Annual Burden Hours 12.25 24,548 ( 1) Calculated as 13,445 firms subject to recordkeeping * 0.45 average number of allegations per firm each year = 6,050. ( 2) Historically, EPA has issued an average of only 0.1 notices per year. Therefore, on an average annual basis, 1,345 of the estimated total of 13,445 firms subject to TSCA section 8( c) would conduct notice reviews.

iv. Total Industry Burden and Costs The total economic burden on the regulated community imposed by TSCA section 8( c) is the sum of the three components identified above ( recordkeeping, reporting and Federal Register notice review. These costs, shown in the table below, would be incurred in each of the three years covered by this ICR.

Table 11. Total Industry Costs and Burden Collection Activity Total Annual Cost Total Annual Burden Recordkeeping $ 1,213,741 24,200 Reporting $ 579 12 Federal Register Review $ 18,097 336 Total $ 1,232,417 24,548 Regulatory Flexibility Analysis TSCA section 8( c) does not include a specific exemption for small businesses ( annual parent company sales of less than $ 40 million). The costs of TSCA section 8( c) for an average company are listed below. The costs for a small business can be expected to be less.  17 Table 12. Average Total Costs per Firm Type of Cost Cost Avg. recordkeeping costs $ 90.27( 1)

Reporting costs per firm $ 0.04( 2)

Federal Register notice review costs per firm $ 1.35( 3)

Avg. total cost per firm $ 91.66 ( 1) Calculated as the average cost per allegation times the average number of allegations per year ($ 200.61 * 0.45 = $ 90.27). Smaller firms with fewer employees can expect fewer allegations, and thus lower costs. ( 2) Calculated as the total industry reporting costs divided by the total number of firms ($ 578.60/ 13,445 = $ 0.04). ( 3) Calculated as the total industry review costs divided by the total number of firms ($ 18,097/ 13,445 = $ 1.35).

The average annual recordkeeping, reporting, and review costs to an average firm are $ 91.66. A firm would have to have less than $ 10,000 in annual sales for these costs to amount to 1% of annual sales. Based on previous ICRs, and average small firm can be expected to have greater than $ 10 million in annual sales. Therefore these requirements do not appear to impose a significant burden on small firms.

6( c) Estimating Agency Burden and Cost Annual costs to the EPA for TSCA section 8( c) for each of the three years covered by this ICR are estimated to be $ 47,693. The cost to the EPA for TSCA section 8( c) was calculated from cost estimates provided in the 1986 and 1989 ICRs. These costs were adjusted based on the 2004 GS schedule.

Annual costs to EPA associated with the recordkeeping portion of the rule include general administration of the rule, education and outreach activities, and compliance monitoring. Costs associated with reporting involve preparation of reporting notices, Federal Register printing costs, document control, and document review. Annual costs to EPA were derived based on an analysis of the cost of performing these various activities. The various elements involved in calculating EPA costs are described in more detail below.

o Each year, general administration of the rule involves approximately one tenth of a staff specialist's time plus approximately one weeks time each for two management personnel at the branch, division and OPPT Office Director's level.

o Education and outreach activities will include ongoing rule support by the Environmental Assistance Division ( EAD) in OPPT.  18 o Compliance monitoring costs primarily involve the costs of the TSCA section 8( c) portion of inspection carried out by regional personnel and other administrative costs for headquarters personnel to target and review results of such inspections.

o EPA previously estimated that a maximum of six industry wide reporting notices involving a total of 100 chemicals would be developed each year. However, to date only two notices involving two chemicals and two chemical categories have been issued. EPA also estimated that the notices would generate a maximum 500 reports per year. To date, however, a total of only 31 reports have been received. Based on historical data, over the life of the rule an average of only 0.1 notices have been issued per year and an average of only 1.5 reports received. The Agency believes that reporting activity under TSCA section 8( c) will remain at this low level during the period covered by the ICR. Therefore, EPA costs associated with reporting have been adjusted to reflect this large decrease in the level of expected activity. Labor involved in developing the reporting notices will require several decision meetings and either the development of letters, separate Federal Register notices, or the insertion of brief boilerplate segments in other rule preambles.

o Time will be required to process submissions based upon such reporting requirements and to review them for confidentiality considerations.

o The Federal Register notices will be reviewed by the office directly requesting the information as well as by the Chemical Information and Testing Branch ( CITB).

EPA will incur costs related to the above activities in each of the three years covered by the ICR. The following table provides the projected annual costs to the government for activities related to TSCA section 8( c). These costs and their associated burden are presented in Table 13.  19 Table 13. Annual Burden and Cost to the Federal Government Activity Hourly Wage Burden Hours Annual Cost Administrative maintenance $ 55.47/$ 77.10 ( 1) 288 $ 17,706 Education/ Outreach $ 46.64 ( 2) 240 $ 11,194 Compliance monitoring $ 46.64 ( 2) 400 $ 18,656 Develop reporting notices $ 46.64 ( 2) 1.1 $ 51 Document control functions $ 46.64 ( 2) 0.75 $ 35 Notice review, referral and data entry $ 46.64 ( 2) 1.1 $ 51 Totals 931 $ 47,693 ( 1) This activity is estimated to require 208 hours at the GS 13 level and 80 hours at the GS 15 level. The base wage for a GS 13, Step 1 is $ 72,108, plus 60 percent overhead and benefits of $ 43,265, for a total of $ 115,373. Dividing this by the number of hours in a work year, 2080, yields an hourly wage rate of $ 55.47. The base wage for a GS 15, Step 1 is $ 100,231, plus overhead and benefits of $ 60,139, for a total of $ 160,370. Dividing this by the number of hours in a work year, 2080, yields an hourly wage rate of $ 77.10. ( 2) The estimated total cost to the EPA of an average full time employee ( FTE) at a GS 12, Step 1 level for 2004 is $ 97,021. This includes a base wage of $ 60,638, and 60 percent for overhead and benefits, or $ 36,383. Dividing this by the number of hours in a work year, 2080, yields an hourly wage rate of $ 46.64.

6( e) Reasons for Change in Burden There is a decrease of 5,391 hours ( from 29,939 hours to 24,548 hours) in the total estimated respondent burden compared with that identified in the information collection request most recently approved by OMB. This decrease reflects a reduced estimated burden for respondents based on several factors. Most importantly, while the number of firms rose since the last ICR ( 12,287 to 13,445), the number of employees fell ( from 1,000,000+ to 909,562). Since the allegation rate is based on the number of employees, this results in a decrease in total allegations ( 7,397 to 6,050), and thus a reduction in burden. There is also a small reduction in burden associated with reviewing Federal Register notices. Based on experience over the life of the rule, the average annual number of notices the Agency is expected to issue fell from an estimated 0.11 in the most recent ICR, to 0.1 notices per year estimated in this renewal. An additional small reduction is attributable to reduced industry reporting requirements, which have fallen from an estimated 1.75 reports per year ( 31 reports total/ 18 years of the rule), to 1.5 reports per year, over the 21 years of the rule ( 31 reports/ 21 years). None of the unit burden estimates have been changed since the previous ICR renewal, nor do these changes reflect any actual changes in the collection activity. The decrease represents an adjustment.  20 6( f) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0034, is estimated to range between 0.25 hours and 8.0 hours per response. According to the Paperwork Reduction Act, " 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. For this collection it 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 number for this information collection appears above. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

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. OPPT 2005 0003, which is available for public viewing at the Pollution Prevention and Toxics 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 1544 and the telephone number for the Pollution Prevention and Toxics Docket is ( 202) 566 0280. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET 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 EPA Docket ID No. OPPT 2005 0003 and OMB control number 2070 0017 in any correspondence. ATTACHMENT 1 Toxic Substances Control Act Section 8( c)

15 USC 2607( c) US Code as of: 01/ 23/ 00 Sec. 2607. Reporting and retention of information * * *

( c) Records Any person who manufactures, processes, or distributes in commerce any chemical substance or mixture shall maintain records of significant adverse reactions to health or the environment, as determined by the Administrator by rule, alleged to have been caused by the substance or mixture. Records of such adverse reactions to the health of employees shall be retained for a period of 30 years from the date such reactions were first reported to or known by the person maintaining such records. Any other record of such adverse reactions shall be retained for a period of five years from the date the information contained in the record was first reported to or known by the person maintaining the record. Records required to be maintained under this subsection shall include records of consumer allegations of personal injury or harm to health, reports of occupational disease or injury, and reports or complaints of injury to the environment submitted to the manufacturer, processor, or distributor in commerce from any source. Upon request of any duly designated representative of the Administrator, each person who is required to maintain records under this subsection shall permit the inspection of such records and shall submit copies of such records. ATTACHMENT 2 Records and Reports of Allegations that Chemical Substances Cause Significant Adverse Reactions to Health or the Environment 40 CFR 717 Code of Federal Regulations Revised as of July 1, 2000 TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY ( CONTINUED)

PART 717 RECORDS AND REPORTS OF ALLEGATIONS THAT CHEMICAL SUBSTANCES CAUSE SIGNIFICANT ADVERSE REACTIONS TO HEALTH OR THE ENVIRONMENT Table of Contents Subpart A General Provisions Sec. 717.1 Scope and compliance.

Section 8 ( c) of the Toxic Substances Control Act ( TSCA) requires manufacturers, processors, and distributors of chemical substances and mixtures: ( a) To keep " records of significant adverse reactions to health or the environment, as determined by the Administrator by rule, alleged to have been caused by the substance or mixture." ( b) To " permit inspection and submit copies of such records," upon request of any designated representative of the Administrator. This rule implements section 8( c) of TSCA. It describes the records to be kept and prescribes the conditions under which certain firms must submit or make the records available to a duly designated representative of the Administrator.

Sec. 717.3 Definitions.

The definitions set forth in section 3 of TSCA and the following definitions apply to this part: ( a) Allegation means a statement, made without formal proof or regard for evidence, that a chemical substance or mixture has caused a significant adverse reaction to health or the environment. ( b) Firm or company means any person, that is subject to this part, as defined in Sec. 717.5. ( c)( 1) Known human effects means a commonly recognized human health effect of a particular substance or mixture as described either in: ( i) Scientific articles or publications abstracted in standard reference sources. ( ii) The firm's product labeling or material safety data sheets ( MSDS). ( 2) However, an effect is not a " known human effect" if it: ( i) Was a significantly more severe toxic effect than previously described. ( ii) Was a manifestation of a toxic effect after a significantly shorter exposure period or lower exposure level than described. ( iii) Was a manifestation of a toxic effect by an exposure route different from that described. ( d) Manufacture or process means to manufacture or process for commercial purposes. ( e)( 1) Manufacture for commercial purposes means to import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer, and includes, among other things, such " manufacture" of any amount of a chemical substance or mixture: ( i) For distribution in commerce, including for test marketing. ( ii) For use by the manufacturer, including use for product research and development, or as an intermediate. ( 2) Manufacture for commercial purposes also applies to substances that are produced coincidentally during the manufacture, processing, use, or disposal of another substance or mixture, including both byproducts that are separated from that other substances or mixture and impurities that remain in that substance or mixture. Such byproducts and impurities may, or may not, in themselves have commercial value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose. ( f) Person includes any individual, firm, company, corporation, joint venture, partnership, sole proprietorship, association, or any other business entity, any State or political subdivision thereof, and any department, agency, or instrumentally of the Federal Government. ( g) Process for commercial purposes means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce with the purpose of obtaining an immediate or eventual commercial advantage for the processor. Processing of any amount of a chemical substance or mixture is included. If a chemical substance or mixture containing impurities is processed for commercial purposes, then those impurities are also processed for commercial purposes. ( h) Retailer means a person who distributes in commerce a chemical substance, mixture, or article to ultimate purchasers who are not commercial entities. ( i) Significant adverse reactions are reactions that may indicate a substantial impairment of normal activities, or long lasting or irreversible damage to health or the environment. ( j) Site means a contiguous property unit. Property divided only by a public right of way is considered one site. There may be multiple manufacturing, processing, or distribution activities occurring within a single site. ( k) Substance means a chemical substance or mixture unless otherwise indicated.

Sec. 717.5 Persons subject to this part.

( a) Manufacturers. ( 1) All manufacturers of chemical substances are subject to this part except as provided in Sec. 717.7( a). If manufacture of a chemical substance occurs at any site owned or controlled by a firm then that firm is subject to this part. ( 2) A manufacturer must collect: ( i) Any allegation identifying a chemical substance it manufactures and any allegation identifying the operations in the manufacture of any chemical substance it manufactures. ( ii) Any allegation identifying any of its own processing or distribution in commerce activities with respect to any chemical substance it manufactures. ( iii) Any allegation identifying emissions, effluents, or other discharges from activities described in this paragraph. ( iv) Any allegation identifying a substance produced coincidentally during processing, use, storage or disposal of a chemical substance it manufactures. ( 3) For the purpose of this part, owned or controlled means ownership of 50 percent or more of a firm's voting stock or other equity rights, or the power to control the management and policies of that firm. ( b) Processors. ( 1) A person who processes chemical substances, who is not also a manufacturer of those chemical substances, is subject to this part if ( i) the person processes chemical substances to produce mixtures, or ( ii) the person repackages chemical substances or mixtures. ( 2) As a processor subject to this part such person must collect: ( i) Any allegation identifying any mixture it produces and distributes in commerce and any allegation identifying any chemical substance or mixture it repackages and distributes in commerce. ( ii) Any allegation identifying any of its own further processing or distribution in commerce activities of the products described in paragraph ( b)( 2)( i) of this section. ( iii) Any allegation identifying emissions, effluents, or other discharges from activities described in this paragraph. ( iv) Any allegation identifying a substance produced coincidentally during the processing, use, storage or disposal of the products described in paragraph ( b)( 2)( i) of this section. ( c) SIC code. SIC codes applicable to this part are published in Standard Industrial Classification Manual 1972 and the 1977 Supplement. This manual and supplement may be obtained from the U. S. Government Printing Office, Washington, D. C. 20402 stock number 4101 0006 and stock number 003 005 0170 0 respectively. Where there is a conflict between the SIC code use of a term and the definition of that term in this part, the definition in this part applies.

[ 48 FR 38187, Aug 22, 1983, as amended at 50 FR 46769, Nov. 13, 1985]

Sec. 717.7 Persons not subject to this part.

( a) Manufacturers. ( 1) Persons or site activities are exempt from this part if the means by which they manufacture a chemical substance solely involves mining or other solely extractive functions, e. g., those companies or sites within a company whose sole function is to mine mineral ores, extract petroleum or natural gas, quarry non metallic minerals ( including extraction of salts from seawater or brines), mine or otherwise extract coal, or separate gases from the atmosphere. This exemption may include, but is not necessarily limited to, firms engaged in activities as described in SIC Division B Mining and SIC Code 2813 Industrial Gases. ( 2) A person is not subject to this part if the chemical substances that person causes to be produced are limited to: ( i) Chemical substances that result from chemical reactions that occur incidental to exposure of another chemical substance, mixture, or article to environmental factors such as air, moisture, microbial organisms, or sunlight. ( ii) Chemical substances that result from chemical reactions that occur incidental to storage or disposal of other chemical substances, mixtures, or articles. ( iii) Chemical substances that result from chemical reactions that occur upon end use of other chemical substances, mixtures, or articles such as adhesives, paints, miscellaneous cleaners or other housekeeping products, fuel additives, water softening and treatment agents, photographic films, batteries, matches, or safety flares, and that are not themselves manufactured or imported for distribution in commerce for use as chemical intermediates. ( iv) Chemical substances that result from chemical reactions that occur upon use of curable plastic or rubber molding compounds, inks, drying oils, metal finishing compounds, adhesives, or paints, or other chemical substance formed during the manufacture of an article destined for the marketplace without further chemical change of the chemical substance. ( v) Chemical substances that result from chemical reactions that occur when ( A) a stabilizer, colorant, odorant, antioxidant, filler, solvent, carrier, surfactant, plasticizer, corrosion inhibitor, antifoamer or defoamer, dispersant, precipitation inhibitor, binder, emulsifier, deemulsifier, dewatering agent, agglomerating agent, adhesion promoter, flow modifier, pH adjuster, sequestrant, coagulant, flocculant, fire retardant, lubricant, chelating agent, or quality control reagent functions as intended, or ( B) a chemical substance, which is intended solely to impart a specific physicochemical characteristic, functions as intended. ( b) [ Reserved] ( c) Sole distributors. A person solely engaged in the distribution of chemical substances is exempt from this part, unless such person is also a manufacturer or processor subject to this part. For example, a " distributor" who repackages chemical substances or mixtures is considered to be a processor and, thus, is not a sole distributor. Sole distributors may include, but are not limited to, those firms that distribute chemical substances as described in the wholesale trade SIC codes 5161 Chemicals and Allied Products, 5171 Petroleum Bulk Stations and Terminals, and 5172 Petroleum and Petroleum Products Wholesalers, Except Bulk Stations and Terminals. ( d) Retailers. A person who is a retailer is exempt from this part unless such person is also a manufacturer or a processor subject to this part.

[ 48 FR 38187, Aug 22, 1983, as amended at 50 FR 46770, Nov. 13, 1985]

Sec. 717.10 Allegations subject to this part.

( a) Allegations subject to this part are those allegations received on or after November 21, 1983 by persons subject to this part. ( b) Allegations subject to this part are those that: ( 1) Are submitted either in writing and are signed by the alleger, or are submitted orally. In the case of an oral allegation, the firm must transcribe the allegation into written form, or it must inform the alleger that such allegation may be subject to this part and request that the alleger submit such allegation to the firm in writing and signed. ( 2) Implicate a substance that caused the stated significant adverse reaction by one of the following: ( i) Naming the specific substance. ( ii) Naming a mixture that contains a specific substance. ( iii) Naming an article that contains a specific substance. ( iv) Naming a company process or operation in which substances are involved. ( v) Identifying an effluent, emission, or other discharge from a site of manufacturing, processing or distribution of a substance. ( c) Allegations subject to this part may be made to a firm by any person, such as an employee of the firm, individual consumer, a neighbor of the firm's plant, another firm on behalf of its employees or an organization on behalf of its members. ( d) EPA intends that firms should, to the maximum practical extent, provide allegers with information regarding the ultimate disposition of their allegations. For example, firms could provide a brief notice to the alleger stating that a record was created under this part based upon their allegation, or that a record was not created and briefly explain the reasons why not. Sec. 717.12 Significant adverse reactions that must be recorded.

( a) Except as provided in paragraph ( b) of this section, significant adverse reactions to human health that must be recorded include but are not limited to: ( 1) Long lasting or irreversible damage, such as cancer or birth defects. ( 2) Partial or complete impairment of bodily functions, such as reproductive disorders, neurological disorders or blood disorders. ( 3) An impairment of normal activities experienced by all or most of the persons exposed at one time. ( 4) An impairment of normal activities which is experienced each time an individual is exposed. ( b) Firms are not required to record significant adverse reactions that are known human effects as defined in Sec. 717.3( c). ( c) Except as provided in paragraph ( d) of this section, significant adverse reactions to the environment that must be recorded, even if restricted to the environs of a plant or disposal site, include but are not limited to: ( 1) Gradual or sudden changes in the composition of animal life or plant life, including fungal or microbial organisms, in an area. ( 2) Abnormal number of deaths of organisms ( e. g., fish kills). ( 3) Reduction of the reproductive success or the vigor of a species. ( 4) Reduction in agricultural productivity, whether crops or livestock. ( 5) Alterations in the behavior or distribution of a species. ( 6) Long lasting or irreversible contamination of components of the physical environment, especially in the case of ground water, and surface water and soil resources that have limited self cleansing capability. ( d) Firms are not required to record a significant adverse reaction to the environment if the alleged cause of that significant adverse reaction can be directly attributable to an accidental spill or other accidental discharge, emission exceeding permitted limits, or other incident of environmental contamination that has been reported to the Federal Government under any applicable authority.

[ 48 FR 38187, Aug. 22, 1983, as amended at 49 FR 23183, June 5, 1984; 58 FR 34204, June 23, 1993]

Sec. 717.15 Recordkeeping requirements.

( a) Establishment and location of records. A firm subject to this part shall establish and maintain records of significant adverse reactions alleged to have been caused by chemical substances or mixtures manufactured or processed by the firm. Such records shall be kept at the firm's headquarters or at any other appropriate location central to the firm's chemical operations. ( b) Content of records. The record shall consist of the following: ( 1) The original allegation as received. ( 2) An abstract of the allegation and other pertinent information as follows: ( i) The name and address of the plant site which received the allegation. ( ii) The date the allegation was received at that site. ( iii) The implicated substance, mixture, article, company process or operation, or site discharge. ( iv) A description of the alleger ( e. g., " company employee," " individual consumer," " plant neighbor"). If the allegation involves a health effect, the sex and year of birth of the individual should be recorded, if ascertainable. ( v) A description of the alleged health effect( s). The description must relate how the effect( s) became known and the route of exposure, if explained in the allegation. ( vi) A description of the nature of the alleged environmental effect( s), identifying the affected plant and/ or animal species, or contaminated portion of the physical environment. ( 3) The results of any self initiated investigation with respect to an allegation. ( EPA does not require persons subject to this part to investigate allegations received, and no provision of this part shall be construed to imply that EPA recommends, encourages or requires such investigation.) ( 4) Copies of any further required records or reports relating to the allegation. For example, if an employee allegation results in a requirement for the firm to record the case on Occupational Safety and Health Form 101 or appropriate substitute ( see 29 CFR part 1904 for requirements under the Occupational Safety and Health Act of 1970), a copy of that OSHA record must be included in the allegation record. ( c) File structure. Records must be retrievable by the alleged cause of the significant adverse reaction, which cause may be one of the following: ( 1) A specific chemical identity. ( 2) A mixture. ( 3) An article. ( 4) A company process or operation. ( 5) A site emission, effluent or other discharge. ( d) Retention period. Records of significant adverse reactions to the health of employees shall be retained for a period of 30 years from the date such reactions were first reported to or known by the person maintaining such records. This provision requires persons subject to this part to retain for 30 years an employee health related allegation, arising from any employment related exposure, whether or not such allegation was submitted by or on the behalf of that recordkeeper's own employee. Any other record of significant adverse reactions shall be maintained for a period of five years from the date the information contained in the record was first reported to or known by the person maintaining the record. ( e) Transfer of records. ( 1) If a firm ceases to do business, the successor must receive and keep all the records that must be kept under this part. ( 2) If a firm ceases to do business and there is no successor to receive and keep the records for the prescribed period, these records must be transmitted to EPA. See Sec. 717.17( c) for the address to which such records must be sent.

[ 48 FR 38187, Aug. 22, 1983, as amended at 49 FR 23183, June 5, 1984; 58 FR 34204, June 23, 1993]

Sec. 717.17 Inspection and reporting requirements.

( a) Inspection. Firms must make records of allegations available for inspection by any duly designated representative of the Administrator. ( b) Reporting. Each person who is required to keep records under this part must submit copies of those records to the Agency as required by the EPA Administrator or appropriate designee. EPA will notify those responsible for reporting by letter or will announce any such requirements for submitting copies of records by a notice in the Federal Register. Such letter or notice will be signed by the Administrator or appropriate designee, and will specify which records or portion of records must be submitted. The reporting period will be specified by the letter or notice but in no case will such reporting period be less than 45 days from the date of the letter or the effective date of the notice. ( c) How to report. When required to report, firms must submit copies of records ( preferably by certified mail) to the Document Control Office ( 7407), Office of Pollution Prevention and Toxics, U. S. Environmental Protection Agency, Room G 099, 401 M St., SW., Washington, DC., 20460, ATTN: 8( c) Allegations.

[ 48 FR 38187, Aug. 22, 1983, as amended at 49 FR 23183, June 5, 1984; 52 FR 20084, May 29, 1987; 53 FR 12523, Apr. 15, 1988; 58 FR 34204, June 23, 1993; 60 FR 34464, July 3, 1995]

Sec. 717.19 Confidentiality.

( a) Any person submitting copies of records may assert a business confidentiality claim covering all or part of the submitted information. Any information covered by a claim will be disclosed by EPA only as provided in procedures set forth at part 2 of this title. ( b) If no claim accompanies a document at the time it is submitted to EPA, the document will be placed in an open file available to the public without further notice to the respondent. ( c) To asset a claim of confidentiality for information contained in a submitted record, the respondent must submit two copies of the document. ( 1) One copy must be complete. In that copy, the respondent must indicate what information, if any, is claimed as confidential by marking the specific information on each page with a label such as " confidential," " proprietary," or " trade secret" and briefly state the basis of the claim. ( 2) If some information is claimed as confidential, the respondent must submit a second copy of the record. The second copy must be complete, except that all information claimed as confidential in the first copy must be deleted. ( 3) The first copy will be for internal use by EPA. The second copy will be placed in an open file to be available to the public. ( 4) Failure to furnish a second copy when information is claimed as confidential in the first copy will be considered a presumptive waiver of the claim of confidentiality. EPA will notify the respondent by certified mail that a finding of a presumptive waiver of the claim of confidentiality has been made. The respondent will be given 30 days from the date of receipt of notification to submit the required second copy. If the respondent fails to submit the second copy within the 30 days, EPA will place the first copy in the public file.


      For the reasons set forth in the preamble, 40 CFR part 60 is amended as follows:
PART 60 -- STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AAA -- Standards of Performance for New Residential Wood Heaters
2. Section 60.532 is amended by revising paragraph (b) to read as follows:
§60.532 What standards and associated requirements must I meet and by when?
* * * * *
	(b) 2020 particulate matter emission standards. Unless exempted under §60.530(b) or electing to use the cord wood alternative means of compliance option in paragraph (c) of the section, each affected wood heater manufactured or sold at retail for use in the United States on or after May 15, 2020 must not discharge into the atmosphere any gases that contain particulate matter in excess of a weighted average of 2.0 g/hr (0.0044 lb/hr). However, an affected wood heater manufactured or imported on or before May 15, 2020, and certified as of May 15, 2020, to meet the 2015 particulate matter emission limit in paragraph (a) of this section may be sold at retail on or before November 30, 2020. Compliance for all heaters must be determined by the test methods and procedures in §60.534.
	* * * * *
3. Section 60.533 is amended by revising paragraphs (h)(1) and (h)(2) to read as follows.
§60.533 What compliance and certification requirements must I meet and by when?
*****
      (h) ***
      (1) For a model line that was previously certified as meeting the 1990 Phase II emission standards under the 1988 NSPS, in effect prior to May 15, 2015, at an emission level equal to or less than the 2015 emission standards in §60.532(a), the model line is deemed to have a certificate of compliance for the 2015 emission standards in §60.532(a), which is valid until the effective date for the 2020 standards in §60.532(b) (i.e., until May 15, 2020). However, a model line, manufactured or imported on or before May 15, 2020, with a certificate of compliance for the 2015 emission standards that was in effect as of May 15, 2020, may be sold at retail on or before November 30, 2020.
      (2) For a model line certified as meeting emission standards in §60.532, a certificate of compliance will be valid for 5 years from the date of issuance or until a more stringent standard comes into effect, whichever is sooner.
*****
Subpart QQQQ -- Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces
4. Section 60.5474 is amended by revising paragraphs (a)(2) and (a)(6) to read as follows.
§60.5474 What standards and associated requirements must I meet and by when?
 ***
      (2) On or after May 15, 2020, manufacture or sell at retail a residential hydronic heater unless it has been certified to meet the 2020 particulate matter emission limit in paragraph (b)(2) or (b)(3) of this section, except that a residential hydronic heater manufactured or imported on or before May 15, 2020, and certified as of May 15, 2020, to meet the 2015 particulate matter emission limit in paragraph (b)(1) of this section, may be sold at retail on or before November 30, 2020.
*****
      (6) On or after May 15, 2020, manufacture or sell at retail a small or large residential forced-air furnace unless it has been certified to meet the 2020 particulate matter emission limit in paragraph (b)(6) of this section, except that a small or large residential forced-air furnace manufactured or imported on or before May 15, 2020, and certified as of May 15, 2020, to meet the applicable particulate matter emission limit in paragraph (b)(4) or (5) of this section, respectively, may be sold at retail on or before November 30, 2020.
*****
5. Section 63.5475 is amended by revising paragraphs (a)(3) through (7) and (h) to read as follows.
§60.5475 What compliance and certification requirements must I meet and by when?
      (a) ***
      (3) Models qualified as meeting the Phase 2 emission levels under the 2011 EPA hydronic heater partnership agreement are automatically deemed to have a certificate of compliance for the 2015 particulate matter emission standards and be valid until the effective date for the 2020 particulate matter emission standards. However, a model line, manufactured or imported on or before May 15, 2020, with a certificate of compliance for the 2015 emission standards that was in effect as of May 15, 2020 may be sold at retail on or before November 30, 2020.
       (4) Models certified by the New York State Department of Environment and Conservation to meet the emission levels in §60.5474(b) are automatically deemed to have a certificate of compliance for the 2015 particulate matter emission standards and be valid until the effective date for the 2020 particulate matter emission standards. However, a model line, manufactured or imported on or before May 15, 2020, with a certificate of compliance for the 2015 emission standards that was in effect as of May 15, 2020, may be sold at retail on or before November 30, 2020.
      (5) Models approved by the New York State Energy Research and Development Authority under the Renewable Heat New York (RHNY) Biomass Boiler Program are automatically deemed to have a certificate of compliance for the 2015 particulate matter emission standards and be valid until the effective date for the 2020 particulate matter emission standards provided that they comply with the thermal storage requirements in the RHNY program. However, a model line, manufactured or imported on or before May 15, 2020, with a certificate of compliance for the 2015 emission standards that was in effect as of May 15, 2020, may be sold at retail on or before November 30, 2020.
      (6) Small forced-air furnace models that are certified under CSA B415.1-10 (IBR, see §60.17), by an EPA approved third-party certifier, to meet the 2016 particulate matter emission level will be automatically deemed to have a certificate of compliance for the 2016 particulate matter emission standards and be valid until the effective date for the 2020 particulate matter emission standards. However, a model line, manufactured or imported on or before May 15, 2020, with a certificate of compliance for the 2016 emission standards that was in effect as of May 15, 2020, may be sold at retail on or before November 30, 2020.
      (7) Large forced-air furnace models that are certified under CSA B415.1-10 (IBR, see §60.17), by an EPA approved third-party certifier, to meet the 2017 particulate matter emission level will be automatically deemed to have a certificate of compliance for the 2017 particulate matter emission standards and be valid until the effective date of the 2020 particulate matter emission standards. However, a model line, manufactured or imported on or before May 15, 2020, with a certificate of compliance for the 2017 emission standards that was in effect as of May 15, 2020, may be sold at retail on or before November 30, 2020.
*****
      (h) Certification period. Unless revoked sooner by the Administrator, a certificate of compliance will be valid for 5 years from the date of issuance or until a more stringent standard comes into effect, whichever is sooner. However, a model line, manufactured or imported on or before May 15, 2020, with a certificate of compliance for the applicable 2015, 2016, or 2017 emission standards that was in effect as of May 15, 2020, may be sold at retail on or before November 30, 2020.
*****


[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]
[Page 41717-41718]
[DOCID:fr31jy07-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-418-000]

Encinal Gathering, Ltd.; Notice of Application

July 25, 2007.
    Take notice that on July 12, 2007, Encinal Gathering, Ltd. (EGL),
10101 Reunion Place, Suite 1000, San Antonio, TX 78216, filed with the
Federal Energy Regulatory Commission (Commission) an application
pursuant to Section 3 of the Natural Gas Act (NGA) and Part 153 of the
Commission's regulations, for an order authorizing the siting,
construction, and operation of pipeline and appurtenant facilities for
the import and export of natural gas at the International Boundary
between the United States and Mexico in Webb County, Texas, and for a
Presidential Permit for such facilities. EGL proposes to construct two
parallel 12-inch pipelines, each approximately 1435 feet in length (683
feet of which will be in the U.S.), which would connect to EGL's Big
Reef Gathering System, all as more fully set forth in the application
which is on file with the Commission and open to public inspection.
This filing also 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, please contact FERC Online Support at:
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Brandon Seale, Encinal Gathering, Ltd.,

at (telephone)<PHONE_NUMBER>or (fax)<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 C.F.R.
157.9, within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link at: http://www.ferc.gov. The Commission strongly encourages

intervenors to file electronically. Persons unable to file
electronically should submit an original and 14 copies of the protest
or intervention to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    Comment Date: 5 p.m. Eastern Time on August 15, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-14800 Filed 7-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Proposed Rules]
[Pages 59575-59576]
[FR Doc No: 2012-23771]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 181

[Docket No. USCG-2012-0843]

Hull Identification Numbers for Recreational Vessels

AGENCY: Coast Guard, DHS.

ACTION: Request for public comments.

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

SUMMARY: The Coast Guard announces that it is requesting public
comments regarding the existing regulatory requirement to indicate a
boat's model year as part of the 12-character Hull Identification
Number (HIN). Under current regulations in 33 CFR part 181, the HIN
must consist of 12 characters, the last two of which indicate the
boat's model year. This notice requests public comments on whether we
should continue to require model year as part of the HIN or change the
regulatory definition of ``model year.''

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before November 27,
2012 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0843 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email Mr. Jeff Ludwig, U.S. Coast Guard; telephone 202-
372-1061, email<EMAIL_ADDRESS>If you have questions about
viewing or submitting material to the docket, call Ms. Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material on this
notice. All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have
provided.
    Submitting comments: If you submit a comment, please include the
docket number for this notice (USCG-2012-0843) and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an email address, or a telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov and
use ``USCG-2012-0843'' as your search term. Locate this notice in the
search results and click the ``Comment Now'' box to submit your
comment. 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 them 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
material received during the comment period.
    Viewing Public Comments: To view the comments, go to http://www.regulations.gov and use ``USCG-2012-0843'' as your search term. If
you do not have access to the Internet, you may view the docket online
by visiting 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. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.
    Privacy Act: Anyone can search the electronic form of comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    Under 46 U.S.C. 4302, the Coast Guard is authorized to promulgate
regulations that require the display of a HIN on recreational boats as
part of the Coast Guard's boating safety requirements. HINs are used in
recall notification campaigns to identify all boats that may contain a
defect which creates a substantial risk of personal injury to the
public or fail to comply with required recreational boating safety
standards. Accurate HINs are an important tool in recall campaigns.
    When originally adopted in 1972, 33 CFR 181.25 required that boats
display a 12-character HIN. Characters 1-3 consisted of the
manufacturer identification number. Characters 4-8 consisted of the
manufacturer serial number specific for that boat. Characters 9-12
could indicate either the boat's date of certification or model year.
Also, as originally adopted, 33 CFR 181.3 defined the term ``model
year'' to mean ``the period beginning August 1 of any year and ending
on July 31 of the following year. Each model year is designated by the
year in which it ends.''
    This notice deals with the portion of the HIN that indicates a
boat's model year. Since the HIN requirement was originally adopted,
the Coast Guard has received numerous comments and suggestions
regarding whether and how HINs should indicate the boat's model year.
In 1983, the Coast Guard changed the HIN requirement with respect to
characters 9-12 to the current regulatory requirement as follows:
Characters 9-10 indicate the month and year of certification, when
certification is

required. When certification is not required, characters 9-10 indicate
the date of manufacture. Characters 11-12 indicate the vessel's model
year. The definition of ``model year'' remains as ``the period
beginning August 1 of any year and ending on July 31 of the following
year. Each model year is designated by the year in which it ends.''
    Some manufacturers desire more flexibility to vary the introduction
date of the new model year from year to year, and argue that the
current regulatory definition of ``model year'' prevents them from
doing so. We attempted to address this issue in a rulemaking effort
that commenced in 1994 and ended in 2000. On May 6, 1994, we published
a notice of proposed rulemaking (NPRM) regarding HIN requirements that
included a proposal to remove the regulatory definition of ``model
year'' altogether in response to manufacturer calls for flexibility
(See 59 FR 23651). In response to this proposal, we received public
comments both in favor of and opposed to removing the definition of
``model year'' from the regulations. Accordingly, in a supplemental
notice of proposed rulemaking (SNPRM) published on February 21, 1997,
we proposed to revise the definition of ``model year'' instead of
removing it altogether (See 62 FR 7971). The SNPRM proposed to define
``model year'' to mean ``the calendar year (January 1 through December
31) of, or the calendar year following (1) The boat's date of
manufacture; or (2) If the boat is required to be certified, its date
of certification.'' We note that in October 1997, the National Boating
Safety Advisory Council passed a motion in favor of the existing
regulatory definition instead of the one we proposed in the SNPRM. For
reasons beyond the scope of this notice, we terminated the rulemaking
effort on June 29, 2000 (See 65 FR 40069).
    The definition of ``model year'' for HIN purposes and the
requirement to indicate model year as part of the HIN continue to
remain issues of concern to multiple interests. We are reconsidering
whether the regulatory requirement to indicate model year as part of
the HIN advances boating safety. Therefore, we are seeking public
comments on how to address these issues. We encourage public comment on
these issues in general, and particularly request public comments on
any or all of the following specific questions:
    1. Should Coast Guard regulations retain the current definition of
``model year'' in 33 CFR 181.3?
    2. Should Coast Guard regulations revert to a previous HIN format
that did not specify model year, but simply indicated the date of
certification or date of completion of the boat by month and year
(e.g., ``0612'' to indicate June 2012)?
    3. Should Coast Guard regulations change the definition of ``model
year'' in 33 CFR 181.3 as proposed in the February 17, 1997 SNPRM to
mean ``the calendar year (January 1 through December 31) of, or the
calendar year following (1) The boat's date of manufacture; or (2) If
the boat is required to be certified, its date of certification''?
    4. Should Coast Guard regulations replace the definition of ``model
year'' in 33 CFR 181.3 with some other definition?
    5. Should the Coast Guard delete the current definition of model
year, revert to a previous HIN format that did not specify model year
but simply showed the date of certification or date of production of
the boat by month and year, and allow the manufacturer the option of
adding a model year designation separate from the HIN, e.g.
ABC123450412 [2013] (showing the boat was completed in April of 2012
and the manufacturer has determined it to be a 2013 model)?
    6. In what ways does the requirement to indicate model year as part
of the HIN advance boating safety?
    We request comments from all interested parties to ensure that we
identify the full range and significance of these issues.
    This notice is issued under authority of 46 U.S.C. 4302, 5 U.S.C.
552(a), 33 CFR 1.05-1, and DHS Delegation 0170.1(92).

    Dated: September 14, 2012.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2012-23771 Filed 9-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26851-26853]
[FR Doc No: 2014-10759]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0256]

Safety Zones; Fireworks Events in Captain of the Port New York
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce various safety zones within the
Captain of the Port New York Zone on the specified dates and times.
This action is necessary to ensure the safety of vessels

and spectators from hazards associated with fireworks displays. During
the enforcement period, no person or vessel may enter the safety zones
without permission of the Captain of the Port (COTP).

DATES: The regulation for the safety zones described in 33 CFR 165.160
will be enforced on the dates and times listed in the table in the
SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Junior Grade Kristopher Kesting, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.160 on the specified dates and times as
indicated in Table 1 below. This regulation was published in the
Federal Register on November 9, 2011 (76 FR 69614).

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
1. N.E.C.O Awards Fireworks, Liberty      Launch site: A barge
 Island Safety Zone, 33 CFR               launch located in approximate
 165.160(2.1).                            position 40[deg]41'16.5'' N,
                                          074[deg]02'23'' W (NAD 1983),
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island. This Safety
                                          Zone is a 360-yard radius from
                                          the barge.
                                          Date: May 10, 2014.
                                          Time: 11:00 p.m.-12:10
                                          a.m.
2. Town of N. Hempstead Summer Kick Off   Launch site: A barge
 Fireworks, Bar Beach, Hempstead Harbor   launch located in approximate
 Safety Zone, 33 CFR 165.160(3.9).        position 40[deg]49'50'' N,
                                          073[deg]39'12'' W (NAD 1983),
                                          approximately 190 yards north
                                          of Bar Beach, Hempstead
                                          Harbor, New York. This Safety
                                          Zone is a 180-yard radius from
                                          the barge.
                                          Date: May 24, 2014.
                                          Time: 8:30 p.m.-9:50
                                          p.m.
3. Dominick Neri Wedding Fireworks,       Launch site: A barge
 Glen Island, Western Long Island Sound   launch located in approximate
 Safety Zone, 33 CFR 165.160(3.5).        position 40[deg]53'12'' N,
                                          073[deg]46'33'' W (NAD 1983),
                                          approximately 350 yards east
                                          of the northeast corner of
                                          Glen Island, New York. This
                                          Safety Zone is a 240-yard
                                          radius from the barge.
                                          Date: June 12, 2014.
                                          Time: 8:30 p.m.-9:50
                                          p.m.
4. Heritage of Pride Fireworks, Pier D,   Launch site: A barge
 Hudson River Safety Zone, 33 CFR         launch located in approximate
 165.160(5.7).                            position 40[deg]42'57.5'' N,
                                          074[deg]0134'' W (NAD 1983),
                                          approximately 375 yards
                                          southeast of Pier D, Jersey
                                          City, New Jersey. This Safety
                                          Zone is a 360-yard radius from
                                          the barge.
                                          Date: June 29, 2014.
                                          Time: 9:15 p.m.-10:30
                                          p.m.
5. Larchmont Yacht Club Fireworks,        Launch site: A barge
 Larchmont Harbor North Western Long      launch located in approximate
 Island Sound Safety Zone, 33 CFR         position 40[deg]55'21.8'' N,
 165.160(3.10).                           073[deg]44'21.7'' W (NAD
                                          1983), approximately 560 yards
                                          north of Umbrella Rock. This
                                          Safety Zone is a 240-yard
                                          radius from the barge.
                                          Date: July 4, 2014.
                                          Time: 9:00 p.m.-10:22
                                          p.m.
6. Glen Cove Independence Day             Launch site: A barge
 Fireworks, Glen Cove, Hempstead Harbor   launch located in approximate
 Safety Zone, 33 CFR 165.160(3.8).        position 40[deg]51'58'' N,
                                          073[deg]39'34'' W (NAD 1983),
                                          approximately 500 yards
                                          northeast of Glen Cove
                                          Breakwater Light 5 (LLNR
                                          27065). This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: July 4, 2014.
                                          Time: 8:45 p.m.-10:00
                                          p.m.
7. City of New Rochelle Fireworks, Echo   Launch site: A shore
 Bay, Western Long Island Sound Safety    launch located in approximate
 Zone, 33 CFR 165.160(3.14).              position 40[deg]54'34.41'' N,
                                          073[deg]45'56.61'' W (NAD
                                          1983), southeast portion of
                                          Harrison Island, New York.
                                          This Safety Zone is a 180-yard
                                          radius from the barge.
                                          Date: July 4, 2014.
                                          Time: 9:30 p.m.-10:30
                                          p.m.
8. City of Newburgh Fireworks,            Launch site: A barge
 Newburgh, NY Safety Zone, 33 CFR         launch located in approximate
 165.160(5.12).                           position 41[deg]30'01.2'' N,
                                          073[deg]59'42.5'' W (NAD
                                          1983), approximately 930 yards
                                          east of Newburgh, New York.
                                          This Safety Zone is a 360-yard
                                          radius from the barge.
                                          Date: July 4, 2014.
                                          Time: 9:00 p.m.-10:30
                                          p.m.
9. Edleman Fireworks, Pier 60, Hudson     Launch site: A barge
 River Safety Zone, 33 CFR 165.160(5.1).  launch located in approximate
                                          position 40[deg]44'49'' N,
                                          074[deg]01'02'' W (NAD 1983),
                                          approximately 500 yards west
                                          of Pier 60, Manhattan, New
                                          York. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: July 8, 2014.
                                          Time: 8:14 p.m.-9:30
                                          p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, vessels may not enter the
safety zones unless given permission from the COTP or a designated
representative. Spectator vessels may transit outside the safety zones
but may not anchor, block, loiter in, or impede the transit of other
vessels. The Coast Guard may be assisted by other Federal, State, or
local law enforcement agencies in enforcing this regulation.
    This document is issued under authority of 33 CFR 165.160(a) and 5
U.S.C. 552 (a). In addition to this

document in the Federal Register, the Coast Guard will provide mariners
with advanced notification of enforcement periods via the Local Notice
to Mariners and marine information broadcasts. If the COTP determines
that a safety zone need not be enforced for the full duration stated in
this document, a Broadcast Notice to Mariners may be used to grant
general permission to enter the safety zone.

    Dated: April 17, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-10759 Filed 5-9-14; 8:45 am]
BILLING CODE 9110-04-P