60858 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 

affecting the meaning of the 

statement(s), are discussed below. 

Comment: Western received a letter 

supporting the allocation plan for the 

Post-2005 Resource Pool. Western also 

received a letter expressing frustration 

with the process and allocations. 

Response: Western exercised its 

discretion under Reclamation Law in 

shaping the final Procedures in response 

to public input provided during the 

public process in allocating this 

resource to eligible applicants. Western 

followed these Procedures in 

determining the Power Allocations. 

Comment: Western received a 

comment from a current customer 

concerned with the Post-2005 Resource 

Pool process overburdening a specific 

class of existing customers by using a 

reallocation methodology which does 

not impact all existing customers 

equally. The commenter believes this 

results in an increase to retail power 

rates for the benefit of new customers 

under the Post-2005 Resource Pool. The 

commenter suggests that all customers, 

regardless of class, should bear the 

burden of the proposed allocation. 

Response: Western agrees that all 

customers should be impacted equally 

and the Post-2005 Resource Pool 

process accomplishes that. Customers 

who hold allocations from a Western 

resource pool are impacted the same; as 

each customer’s current allocation is 

reduced by the same percentage. 

Western’s customers who received 

allocations from the Post-2000 Resource 

Pool will see a reduction in their 

allocations at the same percentage as 

those who hold allocations from 

previous marketing initiatives. This 

process avoids any discrimination 

among customers. 

Comment: Western received a letter 

from an entity expressing hope that a 

power allocation to an entity from the 

Post-2005 Resource Pool would not 

automatically disqualify other State 

entities or university units from 

consideration for power allocations in 

future. 

Response: The determination of future 

resource pool criteria is outside of this 

public process.

Final Allocations of Power 

The Power Allocations for new 

customers were calculated using the 

Procedures. As defined in the Post-1985 

Marketing Plan criteria under the 

Procedures, the summer allocations are 

24.84413 percent of total summer load; 

the winter allocations are 35.98853 

percent of total winter load. The final 

Power Allocations for new eligible 

customers and the loads these 

allocations are based upon are as 

follows:

New customers 

2002 summer

season load

kilowatts 

2002 winter

season load

kilowatts 

Post-2005

resource pool

power allocations 

Summer

kilowatts 

Winter

kilowatts 

City of Auburn, IA ............................................................................................ 515 409 128 147 

City of Pocahontas, IA ..................................................................................... 4,236 2,980 1,052 1,072 

Montana State University—Bozeman, MT ...................................................... 8,506 8,536 2,113 3,072 

The final Power Allocations for new 

customers listed in the table above are 

based on the P–SMBP—ED marketable 

resource available at this time. Firm 

Electric Service Contracts will be 

offered to the customers listed in the 

table above. If the P–SMBP—ED 

marketable resource is adjusted in the 

future, Power Allocations may be 

adjusted accordingly. 

Regulatory Procedure Requirements 

Regulatory Flexibility Analysis 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601, et seq.) requires Federal 

agencies to perform a regulatory 

flexibility analysis if a final rule is likely 

to have a significant economic impact 

on a substantial number of small entities 

and there is a legal requirement to issue 

a general notice of proposed 

rulemaking. This action does not require 

a regulatory flexibility analysis since it 

is a rulemaking of particular 

applicability involving rates or services 

applicable to public property. 

Small Business Regulatory Enforcement 

Fairness Act 

Western has determined that this rule 

is exempt from congressional 

notification requirements under 5 U.S.C. 

801 because the action is a rulemaking 

of particular applicability relating to 

rates or services and involves matters of 

procedure. 

Determination Under Executive Order 

12866 

Western has an exemption from 

centralized regulatory review under 

Executive Order 12866; accordingly, no 

clearance of this notice by the Office of 

Management and Budget is required.

Dated: September 27, 2004. 

Michael S. Hacskaylo, 

Administrator.

[FR Doc. 04–22914 Filed 10–12–04; 8:45 am] 

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPPT–2004–0077; FRL–7827–2] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Asbestos-Containing 

Materials in Schools Rule and Revised 

Asbestos Model Accreditation Plan 

Rule, EPA ICR No. 1365.07, OMB No. 

2070–0091

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that the following Information 

Collection Request (ICR) has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval: Asbestos-Containing Materials 

in Schools Rule and Revised Asbestos 

Model Accreditation Plan Rule, EPA 

ICR No. 1365.07, OMB No. 2070–0091. 

This is a request to renew an existing 

approved collection. This ICR is 

scheduled to expire on October 31, 

2004. Under OMB regulations, the 

Agency may continue to conduct or 

Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 60859

sponsor the collection of information 

while this submission is pending at 

OMB. This ICR describes the nature of 

the information collection and its 

estimated burden and cost.

DATES: Additional comments may be 

submitted on or before November 12, 

2004.

ADDRESSES: Submit your comments, 

referencing docket ID Number OPPT–

2004–0077, to (1) EPA online using 

EDOCKET (our preferred method), by 

email to oppt.ncic@epa.gov or by mail 

to: EPA Docket Center, Environmental 

Protection Agency, Office of Pollution 

Prevention and Toxics (OPPT), 

Mailcode: 7407T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, and 

(2) OMB at: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget (OMB), 

Attention: Desk Officer for EPA, 725 

17th Street, NW., Washington, DC 

20503.

FOR FURTHER INFORMATION CONTACT:

Barbara Cunningham, Acting Director, 

Environmental Assistance Division, 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, Mailcode: 7408, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 202–554–

1404; e-mail address: TSCAHotline@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On March 19, 2004, EPA sought 

comments on this renewal ICR (69 FR 

13032). EPA sought comments on this 

ICR pursuant to 5 CFR 1320.8(d). EPA 

received no comments during the 

comment period. 

EPA has established a public docket 

for this ICR under Docket ID No. OPPT–

2004–0077, which is available for public 

viewing at the OPPT 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 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is 202–566–1744, and the 

telephone number for the 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. 

Any comments related to this ICR 

should be submitted to EPA and OMB 

within 30 days of this notice. EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EDOCKET as EPA receives 

them and without change, unless the 

comment contains copyrighted material, 

CBI, or other information whose public 

disclosure is restricted by statute. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EDOCKET. The entire printed comment, 

including the copyrighted material, will 

be available in the public docket. 

Although identified as an item in the 

official docket, information claimed as 

CBI, or whose disclosure is otherwise 

restricted by statute, is not included in 

the official public docket, and will not 

be available for public viewing in 

EDOCKET. For further information 

about the electronic docket, see EPA’s 

Federal Register notice describing the 

electronic docket at 67 FR 38102 (May 

31, 2002), or go to http://www.epa.gov/

edocket.

Title: Asbestos-Containing Materials 

in Schools Rule and Revised Asbestos 

Model Accreditation Plan Rule. 

Abstract: The Asbestos Hazard 

Emergency Response Act (AHERA) 

requires local education agencies (LEAs) 

to conduct inspections, develop 

management plans, and design or 

conduct response actions with respect 

to the presence of asbestos-containing 

materials in school buildings. AHERA 

also requires states to develop model 

accreditation plans for persons who 

perform asbestos inspections, develop 

management control plans, and design 

or conduct response actions. This 

information collection addresses the 

burden associated with recordkeeping 

requirements imposed on LEAs by the 

asbestos in schools rule, and reporting 

and recordkeeping requirements 

imposed on states and training 

providers related to the model 

accreditation plan rule. 

Responses to the collection of 

information are mandatory (see 40 CFR 

part 763, subpart E). Respondents may 

claim all or part of a notice as CBI. EPA 

will disclose information that is covered 

by a CBI claim only to the extent 

permitted by, and in accordance with, 

the procedures in 40 CFR part 2.

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and 

included on the related collection 

instrument or form, if applicable. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to be 20.5 hours per response 

for schools, 140 hours per response for 

states, and 5.5 hours per response for 

training providers. Burden means the 

total time, effort or financial resources 

expended by persons to generate, 

maintain, retain or disclose or provide 

information to or for a Federal agency. 

This includes the time needed to review 

instructions; develop, acquire, install 

and utilize technology and systems for 

the purposes of collecting, validating 

and verifying information, processing 

and maintaining information, and 

disclosing and providing information; 

adjust the existing ways to comply with 

any previously applicable instructions 

and requirements; train personnel to be 

able to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

Respondents/Affected Entities: Local 

education agencies (e.g., elementary or 

secondary school districts); asbestos 

training providers to schools and 

educational systems; state education 

departments or commissions; and 

public health programs. 

Frequency of Collection: On occasion. 

Estimated No. of Respondents:

121,321. 

Estimated Total Annual Burden on 

Respondents: 2,485,440 hours. 

Estimated Total Annual Costs:

$66,571,300. 

Changes in Burden Estimates: This 

request reflects an increase in the total 

estimated burden of 273,289 hours 

(from 2,212,151 hours to 2,485,440 

hours) from that currently in the OMB 

inventory. This increase is attributable 

to a change in the method of calculating 

total annual burden for LEAs. In 

previous ICRs, total burden was 

estimated for the remainder of the 30-

year implementation period, then 

averaged over each of the remaining 

years to estimate annual burden. 

Because burden is expected to decline 

over time as schools abate friable ACM, 

this method produced lower annual 

burden estimates for the earlier years in 

the period because total burden was 

averaged over a larger number of years. 

For this ICR renewal, the average 

estimated number of schools of each 

type in the three years of the renewal 

period (years 17–19 of the 

implementation period) is used with the 

unit burden estimates to derive an 

60860 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 

annual burden estimate. This is a more 

transparent method since it relies on 

simple multiplication of the estimated 

number of respondents by the unit 

burden associated with each.

Dated: October 4, 2004. 

Oscar Morales, 

Director, Collection Strategies Division.

[FR Doc. 04–22959 Filed 10–12–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[OECA–2004–0093; FRL–7827–1] 

Agency Information Collection 

Activities; Submission for OMB Review 

and Approval; Comment Request; 

Clean Air Act Tribal Authority 

(Renewal), ICR Number 1676.04, OMB 

Number 2060–0306

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that an Information Collection Request 

(ICR) has been forwarded to the Office 

of Management and Budget (OMB) for 

review and approval. This is a request 

to renew an existing approved 

collection. This ICR is scheduled to 

expire on October 31, 2004. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. This ICR describes the 

nature of the information collection and 

its estimated burden and cost.

DATES: Comments must be submitted on 

or before November 12, 2004.

ADDRESSES: Submit your comments, 

referencing docket ID number OAR–

2004–0093, to (1) EPA online using 

EDOCKET (our preferred method), by 

email to a-and-r-Docket@epa.gov, or by 

mail to: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Air and Radiation Docket and 

Information Center, EPA West, Mail 

Code 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

and (2) OMB at: Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB), 

Attention: Desk Officer for EPA, 725 

17th Street, NW., Washington, DC 

20503.

FOR FURTHER INFORMATION CONTACT:

Darrel Harmon, Immediate Office, Office 

of Air and Radiation, Mail Code 6101A, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: (202) 564–7416; fax number 

(202) 501–0394, E-mail address: 

harmon.darrel@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On July 13, 2004 (69 FR 42052), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received no 

comments. 

EPA has established a public docket 

for this ICR under Docket ID Number 

OAR–2004–0093, which is available for 

public viewing at the Air and Radiation 

Docket and Information Center in the 

EPA Docket Center (EPA/DC), EPA 

West, Room B102, 1301 Constitution 

Avenue, NW., Washington, DC. The 

EPA Docket Center Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket and Information 

Center Docket is: (202) 566–1741. 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. When in the system, 

select ‘‘search,’’ then key in the docket 

ID number identified above.

Any comments related to this ICR 

should be submitted to EPA and OMB 

within 30 days of this notice. EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EDOCKET as EPA receives 

them and without change, unless the 

comment contains copyrighted material, 

Confidential Business Information (CBI), 

or other information whose public 

disclosure is restricted by statute. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EDOCKET. The entire printed comment, 

including the copyrighted material, will 

be available in the public docket. 

Although identified as an item in the 

official docket, information claimed as 

CBI, or whose disclosure is otherwise 

restricted by statute, is not included in 

the official public docket, and will not 

be available for public viewing in 

EDOCKET. For further information 

about the electronic docket, see EPA’s 

Federal Register notice describing the 

electronic docket at 67 FR 38102 (May 

31, 2002), or go to http://www.epa.gov/

edocket.

Title: Clean Air Act Tribal Authority 

(Renewal). 

Abstract: This Information Collection 

Request (ICR) seeks authorization for 

Tribes to demonstrate their eligibility to 

be treated in the same manner as states 

under the Clean Air Act (CAA) and to 

submit applications to implement a 

CAA program. This ICR extends the 

collection period of information for 

determining eligibility, which expires 

October 31, 2004. The ICR also is 

revising the estimates of burden costs 

for Tribes in completing a CAA 

application. 

The program regulation provides for 

Indian Tribes, if they so choose, to 

assume responsibility for the 

development and implementation of 

CAA programs. The regulation, Indian 

Tribes: Air Quality Planning and 

Management (Tribal Authority Rule 

[TAR] 40 CFR parts 9, 35, 49, 50 and 

81), sets forth how Tribes may seek 

authority to implement their own air 

quality planning and management 

programs. The rule establishes: (1) 

Which CAA provisions Indian Tribes 

may seek authority to implement, (2) 

what requirements the Tribes must meet 

when seeking such authorization, and 

(3) what Federal financial assistance 

may be available to help Tribes establish 

and manage their air quality programs. 

The TAR provides Tribes the authority 

to administer air quality programs over 

all air resources, including non-Indian 

owned fee lands, within the exterior 

boundaries of a reservation and other 

areas over which the tribe can 

demonstrate jurisdiction. An Indian 

Tribe that takes responsibility for a CAA 

program would essentially be treated in 

the same way as a State would be 

treated for that program. An agency may 

not conduct or sponsor, and a person is 

not required to respond to, a collection 

of information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations are listed in 40 CFR part 9 

and 48 CFR chapter 15, and are 

identified on the form and/or 

instrument, if applicable. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 40 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying