6130 Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPA–2010–0987, FRL–9261–7] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; Implementation of 

the Oil Pollution Act Facility Response 

Plan Requirements (Renewal) 

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 a 

continuing Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This is 

a request to renew an existing approved 

collection. This ICR is scheduled to 

expire on March 31, 2011. 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 April 4, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2010–0987, to EPA, by one of the 

following methods: 

(1) http://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. 

(2) E-mail: Docket.RCRA@epa.gov, 

Attention Docket ID No, EPA–HQ– 

OPA–2010–0987. 

(3) Fax: 202–566–9744, Attention 

Docket ID No. EPA–HQ–OPA–2010– 

0987. 

(4) Mail: EPA Docket Center, (EPA/ 

DC), Docket ID No. EPA–HQ–OPA– 

2010–0987, Mail Code 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

(5) Hand Delivery: EPA Docket Center, 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. Attention Docket ID No. 

EPA–HQ–OPA–2010–0987. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OPA–2010– 

0987. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

J. Troy Swackhammer, Office of 

Emergency Management, Mail Code 

5104A, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 564–1966; fax number: 

(202) 564–2625; e-mail address: 

swackhammer.j-troy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or 

submit comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OPA–2010–0987, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the EPA Docket Center, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC 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 to make an 

appointment to view the docket is (202) 

566–0276. 

Use http://www.regulations.gov to 

obtain a copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the 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 in this 

document. 

What information is EPA particularly 

interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

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. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What should I consider when I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 


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Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Notices 6131 

What information collection activity or 

ICR does this apply to? 

Affected entities: Entities potentially 

affected by this action are a subset of 

facilities that are required to have a 

Spill Prevention, Control, and 

Countermeasure (SPCC) plan under the 

Oil Pollution Prevention regulation (40 

CFR part 112) and which, because of 

their location, could reasonably 

expected to cause ‘‘substantial harm’’ to 

the environment by discharging oil into 

or on navigable waters or adjoining 

shorelines. Owners and operators of 

these facilities must prepare and submit 

an Facility Response Plan (FRP) to EPA. 

The criteria for a substantial harm 

facility include: 

• Oil transfers over water to or from 

a vessel and a total storage capacity of 

greater than or equal to 42,000 gallons; 

or 

• Total oil storage capacity of greater 

than or equal to one million gallons and 

meet one or more of the following harm 

factors: insufficient secondary 

containment; proximity to fish and 

wildlife and sensitive environments; 

discharge of oil could shut down a 

drinking water intake; and/or facility 

experienced a reportable oil discharge of 

10,000 gallons or more in last 5 years; 

or 

• Other factors considered by the 

Regional Administrator. (See 40 CFR 

112.20(b)(1) and (f) for further 

information about the criteria for 

substantial harm.) 

The specific private industry sectors 

subject to this action include, but are 

not limited to: (1) Petroleum Bulk 

Stations and Terminals (NAICS 42271); 

(2) Electric Power Generation, 

Transmission, and Distribution (NAICS 

2211); (3) Gasoline Stations/Automotive 

Rental and Leasing (NAICS 4471/5321); 

(4) Heating Oil Dealers (NAICS 3112); 

(5) Transportation, Pipelines, and 

Marinas (NAICS 482–486/488112– 

48819/4883/48849/492/71393); (6) 

Grain and Oilseed Milling (NAICS 

3112); (7) Manufacturing (NAICS 31– 

33); (8) Warehousing and Storage 

(NAICS 493); (9) Crude Petroleum and 

Natural Gas Extraction (211111); (10) 

Mining and Heavy Construction (NAICS 

2121/2123/213114/213116/234); (11) 

Schools (NAICS 6111–6113; (12) 

Hospitals (622–623); (13) Crop and 

Animal Production (NAICS 111–112); 

and (14) Other Commercial Facilities 

(miscellaneous). 

Title: Implementation of the Oil 

Pollution Act Facility Response Plan 

Requirements (40 CFR Part 112) 

(Renewal). 

ICR numbers: EPA ICR Number 

1630.10; OMB Control Number 2050– 

0135. 

ICR status: This ICR is currently 

scheduled to expire on March 31, 2011. 

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 title 40 of the CFR, 

after appearing in the Federal Register 

when approved, are listed in 40 CFR 

part 9, are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

part 9. 

Abstract: The authority for EPA’s FRP 

requirements is derived from section 

311(j)(5) of the Clean Water Act, as 

amended by the Oil Pollution Act of 

1990. EPA’s regulation is codified at 40 

CFR 112.20 and 112.21. All FRP 

reporting and recordkeeping activities 

are mandatory. This information 

collection request renewal has not 

substantively changed from the last ICR 

approval (March 31, 2008). 

Purpose of Data Collection 

An FRP will help an owner or 

operator identify the necessary 

resources to respond to an oil spill in a 

timely manner. If implemented 

effectively, the FRP will reduce the 

impact and severity of oil spills and 

may prevent spills through the 

identification of risks at the facility. 

Although the owner or operator is the 

primary data user, EPA also uses the 

data in certain situations to ensure that 

facilities comply with the regulation 

and to help allocate response resources. 

State and local governments may use 

the data, which are not generally 

available elsewhere and can greatly 

assist local emergency preparedness 

planning efforts. EPA reviews all 

submitted FRPs and must approve FRPs 

for those facilities whose discharges 

may cause significant and substantial 

harm to the environment in order to 

ensure that facilities believed to pose 

the highest risk have planned for 

adequate resources and procedures to 

respond to a spill. (See 40 CFR 

112.20(f)(3) for further information 

about the criteria for significant and 

substantial harm.) 

Response Plan Certification. Under 

section 112.20(e), the owner or operator 

of a facility that does not meet the 

substantial harm criteria in section 

112.20(f)(1) must complete and 

maintain at the facility the certification 

form contained in Appendix C to part 

112. 

Response Plan Preparation. Under 

section 112.20(a) or (b), the owner or 

operator of a facility that meets the 

‘‘substantial harm’’ criteria in section 

112.20(f)(1) must prepare and submit to 

the EPA Regional Administrator an FRP 

following section 112.20(h). Such a 

facility may be a newly constructed 

facility or may be an existing facility 

that meets paragraph (f)(1) as a result of 

a planned change (paragraph (a)(2)(iii)) 

or an unplanned change (paragraph 

(a)(2)(iv)) in facility characteristics. 

Under paragraph (c), the owner or 

operator may be required to amend the 

FRP. 

Response Plan Maintenance. Under 

section 112.20(g), the owner or operator 

must periodically review the FRP to 

ensure consistency with the National 

Oil and Hazardous Substances Pollution 

Contingency Plan and Area Contingency 

Plans and update the plan to reflect 

changes at the facility. Under section 

112.20(d), the facility owner or operator 

must revise and resubmit revised 

portions of the FRP after material 

changes at the facility. FRP changes that 

do not result in a material change in 

response capabilities shall be provided 

to the Regional Administrator as they 

occur. Periodic drills and exercises are 

required of the planholder to test the 

effectiveness of the FRP. 

Recordkeeping. Under section 

112.20(e), an owner or operator who 

determines that the requirements do not 

apply must certify and retain a record of 

this determination. An owner or 

operator who is subject to the 

requirements must keep the FRP at the 

facility (section 112.20(a)), keep updates 

to the FRP (section 112.20(d)(1) and (2)), 

and log activities such as discharge 

prevention meetings, response training, 

and drills and exercises (section 

112.20(h)(8)(iv)). 

Number of Regulated Facilities. Since 

approval of the current ICR (March 31, 

2008), EPA has continued to maintain 

an inventory of facilities that have 

prepared and submitted an FRP to EPA. 

This national inventory of FRP facilities 

is periodically compiled by EPA 

headquarters based on data maintained 

by each of EPA’s ten regional offices. 

The inventory was updated in April 

2010 and comprises a total of 4,341 plan 

holders versus an inventory of 4,132 

plan holders in the prior ICR renewal. 

Of the 4,341 planholders, 81 are Federal 

facilities, resulting in a universe of 

4,260 non-Federal government FRP 

facilities. In the prior ICR renewal, a 

total of 3,942 non-Federal government 

FRP facilities were included. Since the 

number of affected facilities has not 


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6132 Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Notices 

changed substantively since the last 

renewal, EPA is not substantively 

revising the ICR supporting statement at 

this time, but is accepting comment on 

areas that may need revisions or 

updating. 

Burden Statement: The average 

annual reporting and recordkeeping 

burdens for this collection of 

information on a newly regulated 

facility for which an FRP is not required 

(i.e., facility where the owner or 

operator certifies that the facility does 

not meet the ‘‘substantial harm’’ criteria) 

is estimated to be 0.4 hour per year. The 

average annual reporting and 

recordkeeping burdens on a newly 

regulated facility for which an FRP is 

required (i.e., first-year costs for plan 

development) are estimated at 240.1 

hours per year. The average annual 

reporting and recordkeeping burdens on 

a facility for which the owner or 

operator is maintaining an FRP (i.e., 

subsequent year costs for annual plan 

maintenance) are estimated at 99.7 

hours. 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 which have subsequently 

changed; 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. 

The ICR supporting statement 

provides a detailed explanation of the 

Agency’s estimate, which is only briefly 

summarized here: 

Estimated total number of potential 

respondents: 22,574. 

Frequency of response: Less than once 

per year. 

Estimated total annual burden hours: 

432,627 hours. 

Estimated total annual costs: 

$17,427,828 includes $29,483 

annualized capital costs. 

Are There Changes in the Estimates 

From the Last Approval? 

EPA estimates that there is no 

substantive change in the total 

estimated respondent burden compared 

with that identified in the ICR currently 

approved by OMB. This conclusion is 

based on EPA’s current inventory of 

facilities that have submitted and are 

maintaining an FRP as per 40 CFR part 

112. EPA has not amended the FRP 

regulation since the last ICR renewal 

that would affect the per-facility 

regulatory burden. EPA will consider 

the comments received and amend the 

ICR as appropriate. The final ICR 

package will then be submitted to OMB 

for review and approval pursuant to 5 

CFR 1320.12. At that time, EPA will 

issue another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: January 19, 2011. 

Maryann Petrole, 

Acting Director, Office of Emergency 

Management, U.S. Environmental Protection 

Agency, Office of Solid Waste and Emergency 

Response. 

[FR Doc. 2011–2410 Filed 2–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted for 

Review and Approval to the Office of 

Management and Budget (OMB), 

Comments Requested 

January 31, 2011. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501–3520. 

Comments are requested concerning: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and (e) ways to 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a currently valid OMB 

control number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before March 7, 2011. 

If you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to the Federal Communications 

Commission via e-mail to PRA@fcc.gov. 

To view a copy of this information 

collection request (ICR) submitted to 

OMB: (1) Go to the Web page http:// 

reginfo.gov/public/do/PRAMain, (2) 

look for the section of the Web page 

called ‘‘Currently Under Review’’, (3) 

click on the downward-pointing arrow 

in the ‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the right 

of the ‘‘Select Agency’’ box, and (6) 

when the list of FCC ICRs currently 

under review appears, look for the title 

of this ICR (or its OMB Control Number, 

if there is one) and then click on the ICR 

Reference Number to view detailed 

information about this ICR. 

FOR FURTHER INFORMATION CONTACT: 

Judith B. Herman, Office of Managing 

Director, (202) 418–0214. For additional 

information or copies of the information 

collection(s), contact Judith B. Herman, 

OMD, 202–418–0214 or e-mail judithb.herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0819. 

Title: Sections 54.400 through 54.417, 

Lifeline Assistance (Lifeline) 

Connection Assistance (Link-Up) 

Reporting Worksheet and Instructions. 

Form Number: FCC Form 497. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents and 

Responses: 251,400 respondents; 

251,400 responses. 

Estimated Time per Response: .084– 

1.5 hours. 

Frequency of Response: On occasion, 

monthly, annual, and one-time 


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