Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Notices 17801

2The appendices referenced in this notice are not

being printed in the Federal Register. Copies are

available from the Commission’s Public Reference

and Files Maintenance Branch, 888 First Street,

N.E., Washington, DC 20426, or call (202) 208–

1371. Copies of the appendices were sent to all

those receiving this notice in the mail.

• The 6-inch-diameter Selma Pipeline

between MP 0.0 and MP 4.338 in Dallas

County.

Southern seeks authority to construct

and operate:

• About 4.04 miles of 30-inchdiameter loop pipeline from MP 261.00

to MP 265.04 along the South Main

System in Macon County;

• About 1.5 miles of 30-inch-diameter

loop pipeline along the South Main

System from MP 183.657 and MP

185.167 in Dallas County.

• About 500 feet of 6-inch-diameter

pipeline within the existing right-of-way

to tie-in the Selma Tap and Selma Loop,

and install a regulator at the Selma Tap

at MP 83.420;

• Gas heaters at MPs 109.733,

116.919, 120.963, and 142.970 on the

South Main System; and

• Appurtenant facilities, including

connecting active taps presently tied

into the pipelines being abandoned to

its adjacent pipelines (to maintain

service).

The location of the project facilities is

shown in appendix 1.2 If you are

interested in obtaining procedural

information please write at the Secretary

of the Commission.

Land Requirements for Construction

Construction of the proposed facilities

would require about 37.23 acres of land.

Following construction, about 14.69

acres would be maintained as new rightof-way. The remaining 22.54 acres of

land would be restored and allowed to

revert to its former use.

The EA Process

The National Environmental Policy

Act (NEPA) requires the Commission to

take into account the environmental

impacts that could result from an action

whenever it considers the issuance of a

Certificate of Public Convenience and

Necessity. NEPA also requires us to

discover and address concerns the

public may have about proposals. We

call this ‘‘scoping’’. The main goal of the

scoping process is to focus the analysis

in the EA on the important

environmental issues. By this Notice of

Intent, the Commission requests public

comments on the scope of the issues it

will address in the EA. All comments

received are considered during the

preparation of the EA. State and local

government representatives are

encouraged to notify their constituents

of this proposed action and encourage

them to comment on their areas of

certain.

The EA will discuss impacts that

could occur as a result of the

construction and operation of the

proposed project under these general

headings:

• Geology and soils;

• Water resources, fisheries; and

wetlands

• Vegetation and wildlife;

• Endangered and threatened species;

• Land use;

• Cultural resources;

• Air quality and noise;

• Public safety.

We will also evaluate possible

alternatives to the proposed project or

portions of the project, and make

recommendations on how to lessen or

avoid impacts on the various resource

areas.

Our independent analysis of the

issues will be in the EA. Depending on

the comments received during the

scoping process, the EA may be

published and mailed to Federal, state,

and local agencies, public interest

groups, interested individuals, affected

landowners, newspapers, libraries, and

the Commission’s official service list for

this proceeding. A comment period will

be allotted for review if the EA is

published. We will consider all

comments on the EA before we make

our recommendations to the

Commission.

Currently Identified Environmental

Issues

We have already identified several

issues that we think deserve attention

based on a preliminary review of the

proposed facilities and the

environmental information provided by

Southern.

• One residence is within 50 feet of

the construction right-of-way at MP

263.469.

• Five perennial streams are crossed

by the new facilities.

• About 19.8 acres of forest (9.2 acres

of upland forest, 7.2 acres of pine

plantation, and 3.4 acres of forested

wetlands) would be cleared for

construction of the new facilities.

• About 35.4 acres of wetlands would

be disturbed. This preliminary list of

issues may be changed based on your

comments and our analysis.

Public Participation

You can make a difference by sending

a letter addressing your specific

comments or concerns about the project.

You should focus on the potential

environmental effects of the proposal,

alternatives to the proposal, and

measures to avoid or lessen

environmental impact. The more

specific your comments, the more useful

they will be. Please follow the

instructions below to ensure that your

comments are received and properly

recorded:

• Address your letter (and send two

copies) to: Lois Cashell, Secretary,

Federal Energy Regulatory Commission,

888 First St., N.E., Room 1A,

Washington, DC 20426;

• Reference Docket No. CP97–223–

000; and

• Mail your comments so that they

will be received in Washington, DC on

or before May 7, 1997.

Becoming an Intervenor

In addition to involvement in the EA

scoping process, you may want to

become an official party to the

proceeding or become an ‘‘intervenor’’.

Among other things, intervenors have

the right to receive copies of caserelated Commission documents and

filings by other intervenors. Likewise,

each intervenor must provide copies of

its filings to all other parties. If you

want to become an intervenor you must

file a motion to intervene according to

Rule 214 of the Commission’s Rules of

Practice and Procedure (18 CFR

385.214) (see appendix 2).

The date for filing timely motions to

intervene in this proceeding has passed.

Therefore, parties now seeking to file

late interventions must show good

cause, as required by section

385.214(b)(3), why this time limitation

should be waived. Environmental issues

have been viewed as good cause for late

intervention. You do not need

intervenor status to have your

comments considered.

Lois D. Cashell,

Secretary.

[FR Doc. 97–9316 Filed 4–10–97; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5809–4]

Request for Comments: National Oil

and Hazardous Substances Pollution

Contingency Plan, Subpart J; Agency

Information Collection Activities up for

Renewal (OMB Control Number: 2050–

0141)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.
17802 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Notices

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). 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 June 10, 1997.

ADDRESSES: Oil Program Center, 401 M

Street SW. (5203G), Washington, DC

20460. Materials relevant to this ICR

may be inspected by visiting Public

Docket No. NCP–J, located at 1235

Jefferson Davis Highway (ground floor),

Arlington, Virginia. The docket is

available for inspection between 9:00

a.m. and 4:00 p.m. Monday through

Friday, excluding Federal holidays.

Appointments are necessary and can be

made by calling (703) 603–9232. A

reasonable fee may be charged for

copying docket material.

FOR FURTHER INFORMATION CONTACT: Gail

Thomas, (703) 603–8736. Facsimile

number: (703) 603–9116. Electronic

address: thomas.gail@epamail.epa.gov.

Note that questions, but not comments,

will be accepted electronically.

SUPPLEMENTARY INFORMATION:

Affected Entities

The National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP) subpart J (40 CFR 300.900, ‘‘Use

of Dispersants and Other Chemicals’’)

includes criteria for listing oil spill

mitigating products on the NCP Product

Schedule. The Product Schedule is

required by section 311(d)(2)(G) of the

Clean Water Act (CWA), as amended by

the Oil Pollution Act of 1990 (OPA), and

identifies ‘‘dispersants, other chemicals,

and other spill mitigating devices and

substances, if any, that may be used in

carrying out’’ the NCP. Under Subpart J,

respondents wishing to add a product to

the Schedule must submit technical

product data specified in 40 CFR

300.915 to EPA’s Oil Program Center.

The specific private industry sectors

subject to this action include but are not

limited to: Manufacturers of dispersants,

surface washing agents, surface

collecting agents, bioremediation agents,

and other chemical agents and

biological additives used as

countermeasures against oil spills.

Affected private industries can be

expected to fall within the following

industrial classifications: Manufacturers

of industrial inorganic chemicals (SIC

281), manufacturers of industrial

organic chemicals (SIC 286), and

manufacturers of miscellaneous

chemical products (SIC 289).

Title

National Oil and Hazardous

Substances Pollution Contingency Plan,

Subpart J, OMB Control Number: 2050–

0141. EPA Control Number: 1664.02.

Expiration Date: 8/31/97.

Abstract

The use of dispersants, other chemical

agents, and bioremediation agents to

respond to oil spills in U.S. waters is

governed by subpart J of the NCP (40

CFR 300.900). EPA’s regulation, which

is codified at 40 CFR 300.00, requires

that EPA prepare a schedule of

‘‘dispersants, other chemicals, and other

spill mitigating devices and substances,

if any, that may be used in carrying out

the NCP.’’ Under subpart J, respondents

wishing to add a product to the Product

Schedule must submit technical product

data specified in 40 CFR 300.915 to

EPA. EPA places oil spill mitigating

products on the Product Schedule if all

the required data are submitted. The

Product Schedule is available to Federal

On-Scene Coordinators (OSCs), Regional

Response Teams (RRTs), and Area

Committees for determining the most

appropriate products to use in various

spill scenarios. Subpart J ensures that

OSCs, RRTs, and Area Committees have

necessary data regarding the toxicity,

effectiveness, and other characteristics

of different products in order to make

more informed decisions regarding the

use of such products during time critical

spill responses. Because local

conditions may require additional

information, RRTs may, under the

revisions, require supplemental toxicity

and effectiveness testing of products.

Section 300.920(c) allows respondents

to assert that certain information in the

technical product data submissions is

confidential business information. EPA

will handle such claims pursuant to the

provisions in 40 CFR part 2, subpart B.

Such information must be submitted

separately from non-confidential

information, clearly identified, and

clearly marked ‘‘Confidential Business

Information.’’ If the submitter fails to

make such a claim at the time of

submittal, EPA may make the

information available to the public

without further notice.

Products currently listed on the

Product Schedule are divided into five

basic categories: dispersants, surface

washing agents, surface collecting

agents, bioremediation agents, and

miscellaneous oil spill control agents.

Under subpart J, manufacturers who

wish to list a product on the Schedule

must report the items specified below

for the appropriate category.

Dispersants

1. Name, brand, or trademark, if any,

under which the dispersant is sold;

2. Name, address, and telephone

number of the manufacturer, importer,

or vendor;

3. Name, address, and telephone

number of primary distributors or sales

outlets;

4. Special handling information and

worker precautions for storage and field

application, including maximum and

minimum storage temperatures;

5. Shelf life;

6. Recommended application

procedures, concentrations, and

conditions for use;

7. Results of the effectiveness test set

forth in Appendix C of the NCP;

8. Results of the toxicity test set forth

in Appendix C of the NCP;

9. Physical properties covered by the

American Society for Testing and

Material’s reference standards;

10. Dispersing agent components;

11. The concentrations or upper limits

of any heavy metals, cyanide, and

chlorinated hydrocarbons; and

12. The identity of the laboratory that

performed tests, the qualifications of the

laboratory’s staff, and laboratory

experience with similar tests.

Under NCP subpart J, respondents

must test some products for

effectiveness and toxicity and provide

the results to EPA’s Oil Program Center.

Dispersants are required to demonstrate

a 45% (±5%) effectiveness level in order

to be placed on the Schedule. Only

those dispersants that meet or exceed

the effectiveness acceptability

threshold, and are therefore eligible to

be listed on the Schedule, need be

tested for toxicity.

Surface Washing Agents

1. Name, brand, or trademark, if any,

under which the surface washing agent

is sold;

2. Name, address, and telephone

number of the manufacturer, importer,

or vendor;

3. Name, address, and telephone

number of primary distributors or sales

outlets;

4. Special handling information and

worker precautions for storage and field

application, including maximum and

minimum storage temperatures;

5. Shelf life;

6. Recommended application

procedures, concentrations, and

conditions for use;

7. Results of the toxicity test set forth

in Appendix C of the NCP;
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Notices 17803

8. Physical properties covered by the

American Society for Testing and

Material’s reference standards;

9. Surface washing agent components;

10. The concentrations or upper limits

of any heavy metals, cyanide, and

chlorinated hydrocarbons; and

11. The identity of the laboratory that

performed tests, the qualifications of the

laboratory’s staff, and laboratory

experience with similar tests.

Surface Collecting Agents

1. Name, brand, or trademark, if any,

under which the surface collecting agent

is sold;

2. Name, address, and telephone

number of the manufacturer, importer,

or vendor;

3. Name, address, and telephone

number of primary distributors or sales

outlets;

4. Special handling information and

worker precautions for storage and field

application, including maximum and

minimum storage temperatures;

5. Shelf life;

6. Recommended application

procedures, concentrations, and

conditions for use;

7. Results of the toxicity test set forth

in Appendix C of the NCP;

8. Physical properties covered by the

American Society for Testing and

Material’s reference standards;

9. Test results distinguishing surface

collecting agents from other chemical

agents;

10. Surface collecting agent

components;

11. The concentrations or upper limits

of any heavy metals, cyanide, and

chlorinated hydrocarbons; and

12. The identity of the laboratory that

performed tests, the qualifications of the

laboratory’s staff, and laboratory

experience with similar tests.

Bioremediation Agents

1. Name, brand, or trademark, if any,

under which the bioremediation agent is

sold;

2. Name, address, and telephone

number of the manufacturer, importer,

or vendor;

3. Name, address, and telephone

number of primary distributors or sales

outlets;

4. Special handling information and

worker precautions for storage and field

application, including maximum and

minimum storage temperatures;

5. Shelf life;

6. Recommended application

procedures, concentrations, and

conditions for use;

7. Results of the effectiveness test set

forth in Appendix C of the NCP;

8. For microbiological cultures, a

listing of all microorganisms by species,

including percentages, special nutrient

requirements, etc.;

9. For enzyme additives, information

on the enzyme, including source,

operating conditions, shelf life, etc.;

10. The identity of the laboratory that

performed tests, the qualifications of the

laboratory’s staff, and laboratory

experience with similar tests.

Miscellaneous Oil Spill Control Agents

1. Name, brand, or trademark, if any,

under which the miscellaneous oil spill

control agent is sold;

2. Name, address, and telephone

number of the manufacturer, importer,

or vendor;

3. Name, address, and telephone

number of primary distributors or sales

outlets;

4. Special handling information and

worker precautions for storage and field

application, including maximum and

minimum storage temperatures;

5. Shelf life;

6. Recommended application

procedures, concentrations, and

conditions for use;

7. Results of the toxicity test set forth

in Appendix C of the NCP;

8. Physical properties covered by the

American Society for Testing and

Material’s reference standards;

9. Miscellaneous oil spill control

agent components;

10. The concentrations or upper limits

of any heavy metals, cyanide, and

chlorinated hydrocarbons;

11. Information on any

microbiological cultures, enzyme

additives, or nutrient additives; and

12. The identity of the laboratory that

performed tests, the qualifications of the

laboratory’s staff, and laboratory

experience with similar tests.

Respondents submit the required data

to EPA in hard copy. If the data are

approved by EPA, they are entered

electronically on the Product Schedule.

The data are then made available to

OSCs through five media: (1) Hard copy;

(2) computer disk; (3) electronic mail;

(4) NOAA First Class; and (5) File

Transfer Protocol. The five options

ensure that OSCs can obtain the

information as efficiently as possible

and that the information is useful in

practice.

Recordkeeping

No specific recordkeeping activities

are required under Subpart J of the NCP.

Purpose of Data Collection

The Product Schedule is available for

use by OSCs, Regional Response Teams

(RRTs), and Area Committees in

determining the most appropriate

products to use in various spill

scenarios. Under 40 CFR 300.910(a),

RRTs and Area Committees are required

to address the desirability of using the

products on the Product Schedule in

their Regional Contingency Plans (RCPs)

and Area Contingency Plans (ACPs),

respectively. The required information

is needed from the respondent so that

the OSCs, RRTs, and Area Committees

can make informed decisions to safely

employ chemical countermeasures to

control oil discharges. Correct product

use is critical in emergency situations.

Subpart J ensures that OSCs, RRTs, and

Area Committees have necessary data

regarding the toxicity, effectiveness, and

other characteristics of different

products.

Burden Statement

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide the information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems to collect, validate, and

verify information, process and

maintain information, and disclose and

provide information; adjust methods to

comply with any new requirements and

instructions; 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.

This notice provides the Agency’s

estimate of burden to respondents to

perform the required actions under 40

CFR 300.900. The burden is estimated

in terms of the time spent by

respondents to complete activities

necessary to submit an application for

listing a product on the Schedule, i.e.,

review instructions and guidance;

search existing data sources; gather and

maintain the data received (including

conducting any tests that may be

necessary); and complete, review, and

submit the information.

The Agency developed the burden

hours estimates for manufacturers of an

oil spill mitigating product based on

consultations with Federal OSCs,

chemical countermeasure experts, such

as Scientex Corporation personnel,

technical experts, both international and

domestic, such as personnel at the

National Environmental Technology

Applications Center, and various

commercial laboratories. The Agency is

soliciting public comment on the

burden estimates contained in the

notice.

Except for effectiveness and toxicity

testing, the data items discussed

previously should already be available
17804 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Notices

1The following model certification statement

suffices: ‘‘[SORBENT NAME] is a sorbent material

and consists solely of the materials listed in

§ 300.915(g)(1) of the NCP.’’

to respondents through customary

business practices (i.e., normal research

and development activities).

Effectiveness and toxicity tests, where

applicable, burden respondents with the

additional task of sending the product to

a laboratory for testing.

Processing, compiling, and reviewing

the information required under subpart

J requires the following respondent

activities:

• Inserting simple information;

• Drafting short answers;

• Drafting narrative answers and

preparing backup documentation;

• Secretarial/clerical support; and

• Managerial review.

Under subpart J, the respondent must

also notify EPA of any changes in the

composition, formulation, or

application of the dispersant, surface

washing agent, surface collecting agent,

bioremediation agent, or miscellaneous

oil spill control agent. If the change is

likely to alter the effectiveness or

toxicity of the product, EPA may require

retesting. If EPA decides that retesting is

necessary, the submitter must have the

product tested in a laboratory and send

a summary of the results along with the

qualifications of the laboratory staff to

EPA.

The burden to respondents is

estimated in terms of the time (in hours)

spent by respondent personnel to

comply with the information collection

activities. These burden estimates are

based on the following set of time range

assumptions:

• Insert simple information, 0.0–0.5

hours.

• Draft short answers, 0.5–1.0 hours.

• Draft narrative answers and prepare

backup materials, 2.0–5.0 hours.

• Managerial review, One-fifth of the

time required to complete the response

items.

• Secretarial/clerical support, 5.0–

10.0 hours (per response).

The time estimates include the time to

complete each individual response item

as required under NCP subpart J, as well

as (depending on the type of

information requested) time to: review

instructions, search existing data

sources, prepare backup documentation,

and maintain/record the data.

Exhibit 1 shows the unit burden (in

hours) for respondents under subpart J.

Surface washing agents are placed with

surface collecting and miscellaneous oil

spill control agents in the exhibit

because similar data items are required

for each. As demonstrated in Exhibit 1,

the unit burden ranges are: dispersants,

17–40 hours; surface collecting agents,

15.5–36 hours; surface washing agents,

15.5–36 hours; miscellaneous oil spill

control agents, 15.5–36 hours; and

bioremediation agents, 14–33 hours.

Although sorbents are not included on

the Product Schedule, sorbent

manufacturers are required to certify the

composition of their product. The

written certification, which will certify

that a sorbent meets the definition in

subpart J, may be requested by OSCs

when determining whether to use a

sorbent. 1 The estimated unit burden for

sorbent certification is 2.0–3.5 hours.

Because sorbents are not listed on the

Product Schedule, the small burden of

sorbent certification is not shown in the

exhibit.

EXHIBIT 1.—RESPONDENT BURDEN FOR THE DATA ITEMS REQUIRED UNDER NCP SUBPART J

Response form items Respondent activities Dispersants

Burden (hours)

Surface washing

agents, surface collecting agents, and

miscellaneous oil

spill control agents

Bioremediation

agents

Product, manufacturer, and distributor information Simple information ......... 0—0.5 0—0.5 0—0.5

Special handling information and precautions ........ Short answer .................. 0.5—1 0.5—1 0.5—1

Shelf life information ................................................ Simple information ......... 0—0.5 0—0.5 0—0.5

Recommended application procedures ................... Short answer .................. 0.5—1 0.5—1 0.5—1

Toxicity testing information ...................................... Narrative answer ............ 2.0—5.0 2.0—5.0 N/A

Effectiveness testing information ............................. Narrative answer ............ 2.0—5.0 N/A 2.0—5.0

List of ASTM physical properties ............................ Short answer .................. 0.5—1 0.5—1 N/A

Test results for distinguishing surface collecting

agents from other chemical agents.

Short answer .................. N/A 0.5—1 N/A

List of product components ..................................... Narrative answer ............ 2.0—5.0 2.0—5.0 N/A

Analysis results for heavy metals, cyanide, and

chlorinated hydrocarbons.

Short answer .................. 0.5—1 0.5—1 N/A

Identity of laboratory performing tests ..................... Narrative answer ............ 2.0—5.0 2.0—5.0 2.0—5.0

Information on microbiological cultures, enzyme

additives, and nutrient additives.

Narrative answer ............ N/A N/A 2.0—5.0

Description of how the product works and its uses Short answer .................. N/A 0.5—1 N/A

Managerial Review ........ 2.0—5.0 1.5—4.0 2.0—5.0

Secretarial/Clerical Support.5.0—10.0 5.0—10.0 5.0—10.0

Unit Burden ................................................... ........................................ 17.0—40.0 15.5—36.0 14.0—33.0

Frequency of response ............................................ ........................................ (1) (2) (2)

Annual Burden .............................................. ........................................ 57 155 141

N/A—No response required for this item.

1 2/year.

2 6/year.

Unit cost (cost per individual

response) is based on two components:

labor cost and laboratory cost. Labor

cost results from the amount of time

spent by industry personnel supplying

the required data. The cost for labor is

derived by multiplying the unit burden

hours presented in Exhibit 1 by the

wage rate for industry personnel. The
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Notices 17805

2The overhead multiplier was computed based

on the average state benefit load reported in

Employer Costs for Employee Compensation, March

1995.

3Estimates from National Environmental

Technology Applications Center.

hourly rates, in 1996 dollars, are $38.01

for Management, $28.74 for Technical,

and $17.19 for Clerical.

These wage rates reflect private

industry averages, which were

estimated by the Bureau of Labor

Statistics (BLS) based on a survey of

22,000 occupations within 4,200

establishments in the private sector.

These rates include direct salary and

fringe benefits. In addition, these BSL

rates were adjusted to include overhead

costs through a 17 percent multiplier.2

The wage rate used in this analysis is

a weighted hourly rate that reflects the

assumption that the total number of

work hours necessary for completing an

application form is divided among three

labor categories in the following way:

20% for managerial staff to direct and

review activities; 70% for technical staff

to conducting the majority of the

information collection activities; and

the remaining 10% for clerical support.

Based on the above assumptions, the

weighted hourly wage rate developed

for this FR is

(.20)($38.01)+(.70)($28.74)+(.10)($17.19)

=$29.43 per hour.

Laboratory costs are incurred when a

respondent must test its product for

effectiveness and/or toxicity according

to the methods outlined in Appendix C

of the NCP. In order to provide the

necessary information, respondents

need to have their product tested at a

laboratory. The costs for toxicity tests

for dispersants, surface collecting

agents, surface washing agents, and

miscellaneous oil spill control agents

are estimated to cost $5,000 each.

Dispersant effectiveness testing will cost

an estimated $500 each using the

swirling flask method. A dispersant

must exceed the 45% (±5%) threshold

in order to be listed on the Schedule.

The protocol for effectiveness testing of

bioremediation agents under subpart J is

estimated to cost $8,000.3

The unit costs for each respondent to

comply with the information collection

requirements are presented in Exhibit 2

for subpart J. The unit costs are

presented as ranges, reflecting the

ranges of burden estimates. The unit

cost is the sum of the labor cost and the

laboratory cost.

The unit costs under subpart J are:

Dispersants, $6,000—$6,677; surface

washing agents, $5,456—$6,059; surface

collecting agents, $5,456—$6,059;

miscellaneous oil spill control agents,

$5,456—$6,059; and bioremediation

agents, $8,412—$8,971. Certification of

sorbent materials costs the average

respondent (2.75 hours/certification ×

$29.43/hour =) $80.93. Because sorbents

are not listed on the Product Schedule,

the small cost of sorbent certification is

not shown in the exhibit.

The number of responses expected

annually over the three-year ICR

approval period has been estimated

based on the average rate of applications

for listing on the Schedule over the last

three years. It is estimated that

responses would be submitted for 6

bioremediation agents, 3 surface

washing agents, 0 surface collecting

agents, 3 miscellaneous oil spill control

agents, and 2 dispersants each year of

the ICR period; consequently, EPA

estimates that, on average 14 total

product listings will occur each year of

the ICR period.

The annual burdens (i.e., the burdens

to all respondents within a product

category) are presented at the bottom of

Exhibit 1. The annual burden is arrived

at by multiplying the average unit

burden (the midpoint of the range) by

the estimated frequency of responses

per year.

Based on the annual burdens shown

in Exhibit 1, the total annual burden

under subpart J will be (57+155+141=)

353 hours for all 14 respondents.

However, it is also expected that 6

sorbent manufacturers per year will

have to certify the composition of their

product, at an annual burden of (6

products × 2.75 hours/product =) 16.5

hours. Therefore, the total annual

burden to manufacturers under subpart

J will be 340 hours.

The annual costs for the product

categories are presented at the bottom of

the tables in Exhibit 2. These are

calculated by multiplying the unit cost

for listing a product under each category

by the number of products expected to

be listed in each category on an annual

basis.

It is also expected that 6 sorbent

manufacturers per year will have to

certify the composition of their product,

at an annual cost of ($80.93/response ×

6 responses =) $485.58. The total annual

cost to manufacturers under subpart J

will, therefore, be $99,710.

EXHIBIT 2.—RESPONDENT COST FOR ACTIVITIES REQUIRED UNDER NCP SUBPART J

NCP Subpart J Dispersants

Surface washing

agents, surface

collecting agents,

and miscellaneous

oil spill control

agents

Bioremediation

agents

Labor Cost:

(# of hours × $29.43/hour) .................................................................................. $500–$1,177 $456–$1,059 $412–$971

Laboratory Cost:

—Effectiveness ................................................................................................... 500 N/A 8,000

—Toxicity ............................................................................................................. 5,000 5,000 N/A

Unit Cost .......................................................................................................... 6,000–6,677 5,456–6,059 8,412–8,971

Frequency of response .............................................................................................. (1) (2) (2)

Annual Cost ..................................................................................................... 12,677 34,545 52,149

N/A—No response required for this item.

1 2 per year.

2 6 per year.

With respect to Agency burden under

subpart J, EPA will perform the

following activities when a

manufacturer applies to have a product

listed on the Product Schedule, when a

product already on the Schedule is
17806 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Notices

4U.S. Environmental Protection Agency, ICR

Handbook, June 1992, p. 30.

changed in composition, formulation, or

application:

—Receive and process the data;

—Review the data for completeness and

procedural accuracy;

—Notify the respondent of the decision

on listing the product on the

Schedule; and

—If approved, place the product on the

Schedule, store the data, and supply

the data upon request.

EPA’s decision to place a product on

the Schedule is based solely on the

completeness of the information

presented and whether required

effectiveness thresholds are met.

Exhibit 3 provides estimates of the

unit burden and unit cost to EPA for

processing information on products to

be listed. Burden estimates are based on

EPA’s experience with placing products

on the Schedule under subpart J. Under

subpart J, EPA’s burden is 12 hours per

listing application for all product

categories.

EXHIBIT 3.—EPA BURDEN TO IMPLEMENT NCP SUBPART J

NCP subpart J

Burden (hours)

Dispersants

Surface washing

agents, surface

collecting agents,

and miscellaneous

oil spill control

agents

Bioremediation

agents

Process submitted data .............................................................................................. 5.0 5.0 5.0

Review data for approval ........................................................................................... 4.0 4.0 4.0

Notify respondent of decision ..................................................................................... 2.0 2.0 2.0

Store data ................................................................................................................... 1.0 1.0 1.0

Unit Burden ...................................................................................................... 12.0 12.0 12.0

Frequency of response .............................................................................................. (1) (2) (2)

Annual Burden ................................................................................................. 24 72 72

1 2 per year.

2 6 per year.

The unit costs to EPA for processing

each type of application are presented

in Exhibit 4 for subpart J. Labor rates for

government workers reflect the median

GS level salaries for managerial and

technical positions at EPA, based on the

Office of Personnel Management’s

January 1997 general schedule salary

table. The hourly rate are: $44.46 for

management (GS–13) and $31.20 for

technical (GS–11). These rates include

both direct salary and personnel

benefits (medical insurance, income

protection, etc.; estimated at 60% of

direct salary).4 For purposes of this

information collection, a weighted

government wage is used that assumes

an equal amount of managerial (GS–13)

and technical (GS–11) time for

processing and reviewing applications.

This weighted government wage rate is

(.50)($44.46)+(.50)($31.20)=$37.83 per

hour. This wage rate is multiplied by

the hours in Exhibit 3 to obtain the cost

to EPA for labor. The cost for labor per

application is ($37.83/hour × 12 hours

=) $454 for all applications.

For dispersants under subpart J,

§ 300.920 (a)(2) gives EPA the right to

verify test results and consider the

results of EPA’s verification testing in

determining whether the dispersant

meets the listing criteria. For purposes

of this analysis, EPA estimates that 10

percent of all submitted dispersant

applications will undergo verification

tests at a cost of $500 per test. Thus, on

average, EPA estimates that verification

testing will cost approximately $50 per

dispersant submission. This results in a

total unit cost of $504 per dispersant

application under subpart J. There are

no costs in addition to labor costs for

other types of products under subpart J.

The annual burdens and costs to EPA

under subpart J are presented at the

bottom of the tables in Exhibits 3 and 4,

respectively. The annual burden

depends on the frequency of

applications. As mentioned previously,

it is estimated that, under subpart J,

applications would be received for 6

bioremediation agents, 3 surface

washing agents, 3 miscellaneous oil

spill control agents, and 2 dispersants.

The annual agency burden is

determined by multiplying the unit

agency burden by the frequency of

applications. For example, it is

estimated that the average request to list

a dispersant would require 12 hours of

EPA staff time under subpart J (as

shown in Exhibit 3). It is also estimated

that EPA would process two

applications for dispersants each year,

as mentioned above. The annual burden

to EPA for dispersants under subpart J

would, therefore, be (12 hours/

application × 2 applications) = 24 hours.

The total annual burden will be

(24+72+72) = 168 hours.

The annual cost to EPA is calculated

by multiplying the unit costs presented

in Exhibit 4 by the frequencies of

application. For example, under subpart

J, the annual cost to EPA for dispersants

would be ($554/application × 2

applications =) $1,108. The total annual

cost will be ($1,108+$2,724+$2,724 =)

$6,556.
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Notices 17807

EXHIBIT 4.—EPA COST TO IMPLEMENT NCP SUBPART J

NCP subpart J Dispersants

Surface washing

agents, surface

collecting agents,

and miscellaneous

oil spill control

agents

Bioremediation

agents

Labor Cost:

(# of hours × $37.83/hour) .................................................................................. $454 $454 $454

Laboratory Cost:

—Effectiveness ................................................................................................... 1 100 N/A N/A

—Toxicity ............................................................................................................. N/A N/A N/A

Unit cost ........................................................................................................... 554 454 454

Frequency of response .............................................................................................. (2) (3) (3)

Annual Cost ..................................................................................................... 1,108 2,724 2,724

1EPA assumes that it will on average verify 2 out of every 10 dispersants at $500 per test.

N/A—No response required for this item.

2 2 per year.

3 6 per year.

As part of the Agency’s efforts to

reduce the overall paperwork burden on

regulated facilities, EPA would like to

solicit comments on how the Agency

could best reduce the total paperwork

burden hours for this rule while

maintaining an effective level of

environmental protection. EPA also

would like to solicit public 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.

No person is 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 displayed at 40

CFR Part 9. Send comments regarding

these matters, or any other aspects of the

information collection, including

suggestions for reducing the burden, to

the address listed above under

ADDRESSES near the top of this Notice.

Dated: April 3, 1997.

Elaine Davies,

Deputy Director, Office of Emergency and

Remedial Response.

[FR Doc. 97–9379 Filed 4–10–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5810–4]

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request; Collection

of Compliance Information From

Automotive Service and Repair Shops

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

the following Information Collection

Request (ICR) has been forwarded to the

Office of Management and Budget

(OMB) for review and approval:

Collection of Compliance Information

from Automotive Service and Repair

Shops. This information request has no

prior OMB number. The ICR describes

the nature of the information collection

and its expected burden and cost; where

appropriate, it includes the actual data

collection instrument.

DATES: Comments must be submitted on

or before May 12, 1997.

FOR FURTHER INFORMATION OR A COPY

CALL: Sandy Farmer at EPA, (202) 260–

2740, and refer to EPA ICR No. 1793.01.

SUPPLEMENTARY INFORMATION:

Title: Collection of Compliance

Information from Automotive Service

and Repair Shops, no prior OMB

Control No., EPA ICR No. 1793.01. This

is a new request to collect information.

Abstract: The Office of Compliance

within the Office of Enforcement and

Compliance Assurance is conducting a

statistical survey using a consolidated

screening checklist to determine the

level of compliance within the

automotive service and repair industry.

The information being obtained in the

first survey will provide the Agency

with a baseline of compliance that can

be associated with this industry. The

second survey, to be conducted twentyfour months later, is to determine if the

level of compliance has improved and

whether any compliance activities

undertaken by the Agency can be

attributed to that improvement. The

information being collected is on a

voluntary basis from the industry.

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 Federal Register Notice

required under 5 CFR 1320.8(d),

soliciting comments on this collection

of information was published on

October 11, 1996 (61 FR 55293); Three

letters of comments were received.

Burden Statement: The annual public

reporting and recordkeeping burden for

this collection of information is

estimated to average 1.5 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