49512 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Notices

(EIA) requirement that it file Form EIA–

782B, the ‘‘Resellers’/Retailers’ Monthly

Petroleum Product Sales Report.’’ In

considering this request, the DOE found

that the firm was not suffering gross

inequity or serious hardship. Therefore,

the DOE denied Patriot’s Application for

Exception.

Refund Application

Primerica Corporation, 8/8/97, RG272–

1074

The Department of Energy considered

a portion of a refund application filed

by Primerica Corporation in Case No.

RF272–68493. The DOE considered

whether Primerica, as the successor to

the American Can Company, was

entitled to a refund for two businesses

sold by American Can after the refund

period. The DOE determined that the

agreement pursuant to which American

Can sold the can business contained

language sufficiently broad in scope to

transfer the right to the refund. The DOE

also determined that American Can’s

incorporation of its interest in

Chemplex, a joint venture engaged in

chemical production, and American

Can’s subsequent sale of the stock to

another firm, transferred the right to a

refund. The DOE provided Primerica

with an opportunity to file comments on

whether its refund for the chemical

business in Geety Oil Company/

Primerica, 17 DOE ¶85,354 (1988),

should be rescinded.

Refund Applications

The Office of Hearings and Appeals

issued the following Decisions and

Orders concerning refund applications,

which are not summarized. Copies of

the full texts of the Decisions and

Orders are available in the Public

Reference Room of the Office of

Hearings and Appeals.

Adeline Blumhorst Et Al ..................................................................................................................................... RK272–02270 8/7/97

Asamera Oil (U.S.) Inc ......................................................................................................................................... RC272–367 8/8/97

Steuart Transportation Co ................................................................................................................................... RC272–368

Asamera Oil (U.S.) Inc ......................................................................................................................................... RK272–4336

Steuart Transportation Co ................................................................................................................................... RK272–4337

Branson R–V School District Et Al ..................................................................................................................... RF272–96300 8/7/97

Fearnley & Eger AS Et Al .................................................................................................................................... RA272–79 8/8/97

Morris Hertling & Co ............................................................................................................................................ RF272–79057 8/6/97

North Point Cab Co .............................................................................................................................................. RF272–97051 8/4/97

Plastics Universal Corp ........................................................................................................................................ RC272–366 8/7/97

Pet, Inc .................................................................................................................................................................. RK272–4335

Plastics Universal Corp ........................................................................................................................................ RK272–4069

Pet, Inc .................................................................................................................................................................. RC272–369

Ray G. Andis Et Al ............................................................................................................................................... RF272–39798 8/4/97

Service America Corp .......................................................................................................................................... RK272–04232 8/4/97

Tri-County FS, Inc ............................................................................................................................................... RR272–00298 8/7/97

[FR Doc. 97–25074 Filed 9–19–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5896–2]

Agency Information Collection

Activities: Proposed Collection;

Emergency Clearance Request;

Comment Request; State Use of EPA’s

Policy on Compliance Incentives for

Small Businesses or Comparable State

Policy on Reducing Penalties for Small

Entities/State Use of Penalty Reduction

Policies for Small Entities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

EPA has submitted an emergency

clearance request for the following

proposed Information Collection

Request (ICR) to the Office of

Management and Budget (OMB): State

Use of EPA’s Policy on Compliance

Incentives for Small Businesses or

Comparable State Policy on Reducing

Penalties for Small Entities. The

emergency clearance request has been

submitted for emergency processing

within 14 days. During this time period,

EPA is soliciting comments on specific

aspects of the proposed information

collection. The Agency is seeking this

Information Collection Request to cover

a six month period. The Agency is

preparing another Information

Collection Request that will go through

full approval process to cover

subsequent requests for information

concerning State use of EPA’s Policy on

Compliance Incentives for Small

Businesses or similar State penalty

reduction policies/programs for small

entities.

DATES: Please submit comments on or

before October 6, 1997.

ADDRESSES: U.S. EPA, Office of

Enforcement and Compliance Assurance

(2201A) 401 M St., SW., Washington,

D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

Karin Leff, 202–564–7068/202–564–

0037 fax, Leff.Karin @

EPAmail.EPA.gov.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially

affected by this action are the

individuals in each state responsible for

implementing EPA’s Policy on

Compliance Incentives for Small

Businesses or comparable state policies

reducing penalties for small entities.

Title: State Use of EPA’s Policy on

Compliance Incentives for Small

Businesses or State Policy on Reducing

Penalties for Small Entities.

Abstract: Section 223 of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (SBREFA) requires

EPA to report to Congress no later than

March 29, 1998, on the impact of its

program or policy to reduce/waive

penalties for small entities including the

scope of its program or policy, the

number of enforcement actions against

small entities that qualified/did not

qualify for the program or policy and

the total amount of penalty reductions/

waivers. EPA’s program consists of its

Policy on Compliance Incentives for

Small Businesses (Small Business

Policy), Policy on Flexible State

Enforcement Responses to Small

Community Violations and Incentives

for Self-Policing: Discovery, Disclosure,

Correction and Prevention of Violations

policy. These policies waive or reduce

penalties for entities who discover firsttime violations through on-site

government-sponsored compliance

assistance or audits, promptly disclose

and correct the violations and meet

certain other criteria. The Agency is

tracking the use of these policies by the

ten EPA Regions. However, the Policy

on Compliance Incentives for Small

Businesses (Small Business Policy) will
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Notices 49513

be implemented primarily in the states

as states are delegated the majority of

EPA programs and will be the

predominant providers of on-site

compliance assistance. States may be

implementing EPA’s small business

policy or a comparable state policy.

Accordingly, in order to report

comprehensively to Congress on the

impact of the Agency’s program to

reduce/waive penalties for small

entities, it is important that EPA obtain

information from the states on their

implementation of a comparable policy

or program.

EPA, working alone or with stateaffiliated organizations, will send a brief

questionnaire to each state

environmental regulatory agency .

Specifically, the Agency will request

information on: the scope of a state’s

program or policy to reduce/waive

penalties for small entities, the number

of enforcement actions against small

entities that qualified/did not qualify for

the program or policy, the total amount

of penalty reductions/waivers and the

behavioral/environmental impact of a

state’s program or policy. Responses to

the collection of information are

voluntary. This information will enable

the Agency to: fulfill its statutory

obligation to Report to Congress; better

understand the impact of its Small

Business Policy or comparable state

policies on small entities and the

environment; tailor its policies and

programs to assist small entities in

complying with regulatory requirements

and reduce or waive penalties levied on

first-time violators. The information, in

addition, will be used by Congress to

evaluate the implementation of the

Small Business Regulatory Enforcement

Fairness Act of 1996.

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.

The EPA would like to solicit

comments to:

(i) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility

(ii) Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used

(iii) Enhance the quality, utility, and

clarity of the information to be

collected; and

(iv) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses.

Burden Statement: The total burden

of responding to the questionnaire is

summarized by the following

information: Review instructions (.25

person/hour); Collection/aggregation

and validation of information (10

person/hours); Filling out the

questionnaire (.5 person/hours). The

average hourly burden to the states for

this one-time report to Congress is

estimated to be 10.75 person/hours. The

respondent costs have been calculated

on the basis of $33 per hour for a total

of $354.75. The total cost burden for this

one-time report to Congress for all states

is estimated to be $17,737.50. 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.

Dated: September 12, 1997.

Elaine G. Stanley,

Director, Office of Compliance.

[FR Doc. 97–25091 Filed 9–19–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5896–5]

National Environmental Justice

Advisory Council; Notification of

Charter Renewal

Pursuant to the Federal Advisory

Committee Act (FACA), Public Law 92–

463, the U.S. Environmental Protection

Agency hereby announces the

recharting of the National Environment

Justice Advisory Council (NEJAC) for an

additional 2 year period effective

9/29/97. The Advisory Council provides

advice to the Administrator of EPA on

issues related to managing

environmental justice. This council

consists of 25 individuals selected to

represent the seven major stakeholder

categories; academia, community

organizations, industry, state/local

governments, tribal governments, nongovernment organizations, and

environmental organizations. This

council convenes to review resolutions

prepared in the subcommittees and to

hear public comments during the Public

Comment Period held during each

meeting, normally for two nights for at

least two hours each night. The

Advisory Council has six

subcommittees to help develop strategic

options for EPA. Each subcommittee is

comprised of approximately ten

individuals knowledgeable in the

subject area, from the NEJAC Council as

well as from other stakeholder

organizations. These subcommittees are:

Waste and Facility Siting, Enforcement,

Health and Research, Public

Participation and Accountability,

Indigenous Peoples, and International.

Copies of the new revised charter,

information regarding the NEJAC

membership and other pertinent

Environmental Justice knowledge can be

obtained by dialing the 24 Hour Office

of Environment Justice Line on 1–800–

962–6215;

FOR FURTHER INFORMATION CONTACT:

Marva E. King, NEJAC Program Manager

at 202–564–2599.

Dated: September 11, 1997.

Robert J. Knox,

Designated Federal Official, National

Environmental Justice Advisory Council.

[FR Doc. 97–25093 Filed 9–19–97; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–140262; FRL–5744–5]

Access to Confidential Business

Information by General Sciences

Corporation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has authorized its

contractor, General Sciences

Corporation (GSC), of Laurel, Maryland,

access to information which has been

submitted to EPA under sections 4, 5, 6,

and 8 of the Toxic Substances Control

Act (TSCA). Some of the information

may be claimed or determined to be

confidential business information (CBI).