63542 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Notices

Dated: November 20, 1997.

George B. Breznay,

Director, Office of Hearings and Appeals.

Decision List No. 50; Week of

September 8 Through September 12,

1997

Appeals

Bruce Darrow Gaither, 9/8/97; VFA–

0324

The Department of Energy denied a

Freedom of Information Act Appeal

filed by Bruce Darrow Gaither. In his

Appeal, Gaither contested the adequacy

of the search for responsive documents

performed by the DOE’s Freedom of

Information and Privacy Act Division.

After reviewing the scope of the search,

the DOE concluded that the search was

adequate.

Greenpeace USA, 9/11/97; VFA–0311

Greenpeace USA appealed a

Determination issued to it in response to

a request made under the Freedom of

Information Act (FOIA) for information

on contracts for technical assistance that

DOE’s Idaho Operations Office (ID)

provided to California in the

development of new commercial lowlevel radioactive waste management

systems. ID withheld some documents

under Exemptions 3, 4, and 6 of the

FOIA. Material withheld under

Exemption 3 was categorized as exempt

under the National Defense

Authorization Act of 1997 (NDAA),

which generally prohibits the release of

proposals. The DOE found on Appeal

that some of the withheld material did

not meet the NDAA’s requirement of a

solicitation for a competitive proposal.

In addition, the DOE found that some

material withheld was non-exempt.

Accordingly, the Appeal was granted in

part and the case was remanded to ID

for further action.

Janice C. Curry, 9/9/97; VFA–0313

The DOE granted an Appeal by a

former DOE contractor employee for

documents related to her employment.

The DOE found that the Office of

Environmental Management (EM) did

not adequately address the basis for its

withholding of information under FOIA

Exemption 6, and that EM’s search for

responsive documents was inadequate.

The matter was, therefore, remanded to

EM.

Ralph C. Elkins, 9/12/97; VFA–0317

Ralph C. Elkins appealed a denial by

the Freedom of Information and Privacy

Act Division of a request for his security

clearance file that he submitted under

the Privacy Act. The FOIA Division had

not found the requested file. In

considering the Appeal, the DOE found

that the FOIA Division had conducted

an adequate search for responsive

documents, and it accordingly denied

the Appeal.

Personnel Security Hearing

Personnel Security Hearing, 9/10/97;

VSO–0151

A Hearing Officer issued an Opinion

regarding the eligibility of an individual

for access authorization under the

provisions of 10 C.F.R. Part 710. The

Hearing Officer found the individual

had harassed his ex-spouse and three

co-workers and that this conduct, as

specified by Criterion L, indicated that

he may not be honest, reliable or

trustworthy or may be subject to

pressure, coercion, exploitation or

duress. The Hearing officer found that

the individual had engaged in a number

of harassing acts towards his ex-spouse

and three co-workers and that he had

not demonstrated sufficient evidence of

reformation. The Hearing officer also

found that the individual had been

diagnosed by a psychiatrist as suffering

from mixed personality disorder and

depressive disorder and that in the

psychiatrist’s opinion these illnesses

could cause a significant defect in

judgment and reliability, as specified by

Criterion H. Although the individual

presented witnesses testifying that he

did not exhibit the personality

characteristics described by the DOE

psychiatrist, the Hearing Officer

concluded that he had not presented

sufficient evidence to warrant rejection

of the psychiatrist’s opinion. Given the

above findings, the Hearing Officer

recommended that the individual’s

access authorization should not be

restored.

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.

Buttler County Commission, et al:

RF272–76385, 9/10/97

Crude Oil Ref. Dist.: RB272–00117,

9/11/97

Empire Gas Corp./Howe Laundry: et al:

RF335–00001, 9/12/97

Estate of Victor G. Zonver et al: RK272–

01788, 9/11/97

Godwin Constsruction Co. et al: RF272–

98611, 9/11/97

Worley’s Asphalt & Paving Co. et al:

RK272–04466, 9/11/97

Dismissals

The following submissions were

dismissed.

American Building Components Co.,

Case No. RF272–57013

Arka, Inc., Case No. RF272–94509

Damar Worldwide, Inc., Case No. VEE–

0048

Houston Slag Materials Company, Case

No. RK272–04476

Midwest Paving Company, Case No.

RG272–00836

[FR Doc. 97–31386 Filed 11–28–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5930–3]

Agency Information Collection

Activities: Proposed Collection;

Comment Request; National Oil and

Hazardous Substances Pollution

Contingency Plan

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 EPA is planning to submit the

following continuing Information

Collection Request (ICR) to the Office of

Management and Budget (OMB):

National Oil and Hazardous Substances

Pollution Contingency Plan, EPA ICR

No. 1463.03, OMB No. 2050–0096,

expiring on January 31, 1998. Before

submitting the ICR to OMB for review

and approval, EPA is soliciting

comments on specific aspects of the

proposed information collection as

described below.

DATES: Comments must be submitted on

or before January 30, 1998.

ADDRESSES: Community Involvement

and Outreach Center, Office of

Emergency and Remedial Response, 401

M Street, SW, Washington, DC 20460,

Mail Code: 5204–G, 703–603–8889.

Persons interested in obtaining a copy of

the ICR without charge may call the

telephone number above to request a

free copy.

FOR FURTHER INFORMATION CONTACT: Lois

Gartner, telephone number: 703–603–

8889, facsimile number: 703–603–9100,

e-mail address:

gartner.lois@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially

affected by this action are those states

and members of the public that
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Notices 63543

voluntarily participate in the remedial

phase of the Superfund process and

those members of the public that

voluntarily participate in community

involvement activities during some or

all phases of the Superfund process.

Title: National Oil and Hazardous

Substances Pollution Contingency Plan

(OMB Control No. 2050–0096, EPA ICR

No. 1463.03) expiring on January 31,

1998.

Abstract: The Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA or Superfund; 42 U.S.C. 9601

et seq.), as amended, establishes broad

Federal authority to undertake removal

and remedial actions in response to

releases or threats of releases of

hazardous substances and certain

pollutants and contaminants into the

environment. The NCP sets forth

requirements for carrying out the

response authorities established under

CERCLA. In addition, the Government

Performance and Results Act of 1993

requires EPA to determine and report to

Congress on its effectiveness, including

community involvement activities.

For states, this ICR addresses the

record keeping and reporting provisions

of the NCP that affect those states that

voluntarily participate in the remedial

phase of the Superfund program.

(Record keeping and reporting

requirements of the pre-remedial

phase—except those tied to community

involvement—have been addressed in

the ICR prepared for the revisions to the

Hazard Ranking System (HRS) (OMB

Control No. 2050–0095). Record keeping

and reporting provisions for the removal

program—except, again, those tied to

community involvement—also are not

included in this ICR because the Federal

government has the lead for removal

actions.) Remedial responses under the

Superfund program fall into the preremedial phase (during which the extent

of site contamination is assessed) and

the remedial phase (during which

investigations are conducted to identify

and characterize contaminants present

and to determine viable remedies for a

site, the remedy is chosen and the

cleanup or construction is completed).

The NCP includes the following

reporting and record keeping provisions

for the remedial phase of the Superfund

program:

(1) States that voluntarily take the lead in

remedial activities at Superfund sites must

conduct the activities in a manner consistent

with CERCLA (40 CFR 300.515(a)). Therefore,

at a state-led site, the state must: develop a

Remedial Investigation and Feasibility Study

(RI/FS); prepare a Proposed Plan; issue a

Record of Decision (ROD); complete

community interviews; prepare a Community

Involvement Plan (CIP), and provide

information to the public; and

(2) States must identify and communicate

potential state applicable or relevant and

appropriate requirements (ARARs) at all

Superfund sites within the state (40 CFR

300.400(g)).

In addition, this ICR addresses the

record keeping and reporting provisions

of the NCP that affect communities

voluntarily providing their concerns to

the lead agency about the Superfund

process. This ICR also addresses the

record keeping and reporting provisions

imposed on communities when those

communities provide feedback on

community involvement activities tied

to GPRA. Community involvement

related to NCP requirements and GPRA

reporting may occur during all phases of

the Superfund process including, preremedial, remedial, removal (short-term

response actions), and operation and

maintenance (which may include such

activities as ground water and air

monitoring, inspection and maintenance

of the treatment equipment remaining

on site, and maintenance of any security

measures or institutional controls.)

Specifically, members of the community

surrounding a Superfund site may

participate in community interviews (40

CFR 300.43(c)) conducted by EPA in

order to prepare a CIP or serve on

Technical Assistance Grant (TAG)

groups, as provided for in Superfund

Amendments and Reauthorization Act

(SARA) of 1986, as well as in

Community Advisory Groups (CAG), as

provided in Superfund Administrative

Reforms. Community groups focused on

the technical assistance provided

through the Technical Outreach

Services for Communities (TOSC)

program may also participate.

Participation may also take the form of

attending informal and formal meetings,

open houses and public availability

sessions, responding to questionnaires

and telephone interviews, and/or

participation in focus groups.

EPA uses the information provided by

the states to ensure state actions are

consistent with the provisions of

CERCLA and SARA and that their

decisions are protective of human

health and the environment. EPA uses

the information gathered from private

citizens to plan activities geared to

educating them where necessary,

keeping them informed of activities

within the community, and ensuring

they have had an opportunity to assume

an active role in the decision making

process that affects their community.

EPA also uses information from private

citizens to measure the effectiveness of

community involvement activities, as

required by GPRA, and to improve those

activities as needed. EPA believes

involvement of the members of the

community surrounding a Superfund

site is critical to ensuring effective site

cleanups.

Burden Statement: 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.

EPA estimates that 30 new sites will

be added to the NPL each year over the

three-year period of this ICR. Of those

30 sites, EPA estimates six will be stateled cleanups. It is estimated that states

will incur an annual burden of 6,026

hours per site, for a cost of $178,100, of

which $178,011 is reimbursed by EPA.

States are reimbursed from the CERCLA

Hazardous Susbstances Trust Fund (the

Fund) for state-led activities via

cooperative agreements with EPA as

provided in CERCLA section 104(d)(1).

States are not reimbursed from the Fund

for identification of state ARARs. It is

also estimated that communities will

incur a collective annual burden of 539

hours per site, for a cost of $16,062

(assuming the value of their time at

$29.57) or an estimated average annual

burden of 11 hours per person. While

EPA does not reimburse community

members for their participation, this ICR

nonetheless estimates the monetary

value of burden their participation

imposes on them.

The burden data in this section are

based on estimates by EPA personnel

knowledgeable of the remedial

program’s record keeping and reporting

requirements and the costs and level of

effort required to meet the requirements.

Estimated Unit Burdens to State

Governments

A ‘‘unit’’ burden is the burden

incurred by a respondent for performing

an individual site-specific activity.

States incur burdens at: (1) An

estimated six new state-led sites per

year for several reporting and record

keeping activities; and (2) all of the

estimated 30 NPL sites on an annual
63544 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Notices

basis with RI/FS starts for identifying

and reporting ARARs.

The burden is calculated using a

weighted average hourly rate of $29.57

multiplied times the number of hours to

undertake a given activity. For purposes

of this ICR, wage rates for state

government personnel are estimated to

be comparable to those for Federal

government personnel. Labor rates for

government workers reflect the median

GS level salaries for managerial,

technical and clerical positions. These

rates include direct salary and fringe

benefits (calculated at 60 percent of

direct salary). The hourly rates, as of

November 1997, are:

Management (GS 13, Step 1): $42.01/

hour

Technical (GS 11, Step 1): $29.48/hour

Clerical: $17.92/hour

Based on these assumptions, the

weighted hourly wage rate for state and

Federal personnel is $29.57

[(0.1)*(42.01) +(0.8)*(29.48)+

(0.1)*(17.92)].

At a state-led site, states incur a

burden for the following activities:

• Development of the RI/FS—5,200

hours/yr/site, $153,764.

• Development of the Proposed

Plan—160 hours/yr/site, $4,731.

• Preparation of the ROD—360 hours/

yr/site, $10,645.

• Development of the CIP—150

hours/yr/site, $4,435.

• Providing information to the

public—153 hours/yr/site, $4,524.

At all sites, states incur a unit burden

of three hours per site per year, or a cost

of $88.71, for providing information on

state ARARs.

Estimated Unit Burdens to Community

Members

During their participation in the

Superfund process, community

members may perform any or all of the

following activities (as with burden

estimates for state activities, an hourly

rate of $29.57 is used to estimate the

value of community members’ time):

• Participate in interviews—20 hours/

yr/site, $591.

• Attend informal and formal

meetings, open houses, and public

information availability sessions—240

hours/yr/site, $7,096.

• Participate in community groups—

160 hours/yr/site with such groups.

$4,731.

• Respond to surveys—47 hours/yr/

site, $1,389.

• Participate in focus groups—72

hours/yr/site with such groups, $2,129.

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.

Please send comments to the address

appearing in the ADDRESSES segment of

this document.

Dated: November 20, 1997.

Elaine F. Davies,

Deputy Director, Office of Emergency and

Remedial Response.

[FR Doc. 97–31405 Filed 11–28–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5930–4]

Agency Information Collection

Activities: Continuing Collection;

Comment Request; Registration of

Fuels and Fuel Additives—Healtheffects Research Requirements

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 is planning to submit the following

continuing Information Collection

Request (ICR) to the Office of

Management and Budget (OMB):

Registration of Fuels and Fuel

Additives: Health-effects Research

Requirements for Manufacturers (EPA

ICR Number 1696.02, OMB Control

Number 2060–0297, expiration date: 1–

31–98). Before submitting the ICR to

OMB for review and approval, EPA is

soliciting comments on specific aspects

of the proposed information collection

as described below.

DATES: Comments must be submitted on

or before January 30, 1998.

ADDRESSES: Fuels and Energy Division,

Office of Mobile Sources, Office of Air

and Radiation, Mail Code 6406J, U.S.

Environmental Protection Agency,

Washington, DC 20460. A paper or

electronic copy of the ICR may be

obtained without charge by contacting

the person listed below.

FOR FURTHER INFORMATION CONTACT:

James W. Caldwell, (202) 564–9303, fax:

(202) 565–2085,

caldwell.jim@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially

affected by this action are those which

manufacture or import gasoline or diesel

fuel, or manufacture or import an

additive for gasoline or diesel fuel.

Title: Registration of Fuels and Fuel

Additives: Health-effects Research

Requirements for Manufacturers

OMB Control Number 2060–0297

EPA ICR Number 1696.02

Expiring: 1–31–98

Abstract: In accordance with the

regulations at 40 CFR 79, subparts A, B,

C, and D, Registration of Fuels and Fuel

Additives, manufacturers (including

importers) of gasoline and diesel fuel,

and manufacturers (including

importers) if additives for gasoline or

diesel fuel, are required to have their

products registered by EPA prior to their

introduction into commerce.

Registration involves providing a

chemical description of the fuel or

additive, and certain technical,

marketing, and health-effects

information. The development of

health-effects data, as required by 40

CFR 79, subpart F, is the subject of this

ICR. The information collection

requirements for subparts A through D,

and the supplemental notification

requirement of Subpart F (indicating

how the manufacturer will satisfy the

research requirements) are covered by a

separate ICR (EPA ICR Number 309.09,

OMB Control Number 2060–1050). The

health-effects information will be used

to determine if there are any products

whose evaporative or combustion

emissions pose an unreasonable risk to

public health, thus meriting further

investigation and potential regulation.

This information is required for specific

groups of fuels and additives as defined

in the regulations. For example, all

gasolines and gasoline additives which

consist of only carbon, hydrogen,

oxygen, nitrogen, and/or sulphur, and

which involve a gasoline oxygen