Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices 2505

intergovernmental mandate is a

mandate that: (1) Would impose an

enforceable duty upon State, local, or

tribal governments (except as a

condition of Federal assistance); and (2)

may result in the expenditure by State,

local, and tribal governments, in the

aggregate, of $100 million (adjusted

annually for inflation) in any one year.

DOE officials may apply this Statement

of Policy selectively if there is an

exigent need for immediate agency

action that would warrant waiver of

prior notice and opportunity for public

comment under the Administrative

Procedure Act, 5 U.S.C. 553.

III. Intergovernmental Consultation

When to begin. As early as possible in

the development of a notice of proposed

rulemaking (for other than a financial

assistance program) that involves an

enforceable duty on State, local, or tribal

governments, the responsible Secretarial

Officer, with the concurrence of the

General Counsel, should estimate

whether the aggregate compliance

expenditures will be in the amount of

$100 million or more in any one year.

In making such an estimate, the

Secretarial Officer should adjust the

$100 million figure in years after 1995

using the rate of inflation in the Annual

Report of the President’s Council of

Economic Advisers and should discount

estimated future expenditures to present

value using the discount rate under

OMB Circular A–94.

Content of notice. Upon determining

that a proposed regulatory mandate on

State, local, or tribal governments may

be a significant intergovernmental

mandate, the Secretarial Officer

responsible for the rulemaking should

provide adequate notice to pertinent

State, local and tribal officials: (1)

Describing the nature and authority for

the rulemaking; (2) explaining DOE’s

estimate of the resulting increase in

their governmental expenditure level;

(3) inviting them to participate in the

development of the notice of proposed

rulemaking by participating in meetings

with DOE or by presenting their views

in writing on the likely effects of the

regulatory requirement or legally

available policy alternatives that DOE

should take into account. If the

authorizing statute for a rule requires

publication of an advance notice of

proposed rulemaking, then these

content requirements may be addressed

in that advance notice.

How to notify State and tribal

officials. With respect to State and tribal

governments, actual notice should be

given by letter, using a mailing list

maintained by the DOE Office of

Intergovernmental and External Affairs

that includes elected chief executives

(or their designees), chief financial

officers (or their designees), the National

Governors Association, and the National

Congress of American Indians. The

Secretarial Officer also should provide

constructive notice in the Federal

Register.

How to notify local officials. With

respect to local governments, the

Secretarial Officer should provide

notice through the Federal Register and

by letter to the following associations:

the National League of Cities, the

National Association of Counties, and

the U.S. Conference of Mayors. If a

significant intergovernmental mandate

might affect local governments in a

limited area of the United States, then

the Secretarial Officer, in consultation

with the Office of Intergovernmental

and External Affairs, should give actual

notice by letter to appropriate local

officials if practicable.

Exemption from the Federal Advisory

Committee Act. Secretarial Officers are

encouraged to meet with State, local,

and tribal elected officials (or their

designees) to exchange views,

information, and advice concerning the

implementation of intergovernmental

responsibilities or administration.

Meetings for this purpose that do not

include other members of the public are

exempt from the Federal Advisory

Committee Act. 2 U.S.C. 1534(b).

Small government consultation plan.

If the proposed regulatory requirements

might significantly or uniquely affect

small governments, then the Secretarial

Officer should summarize in the

Supplementary Information section of

the notice of proposed rulemaking its

plan for intergovernmental consultation

under section 203 of the Act. Unless

impracticable, the plan should provide

for actual notice by letter to potentially

affected small governments.

Documenting compliance. The

Supplementary Information section of

any notice of proposed and final

rulemaking involving a significant

intergovernmental mandate upon State,

local, or Indian tribal governments

should describe DOE’s determinations

and compliance activities under the Act.

The Supplementary Information section

of the notice of proposed rulemaking

should describe the estimated impact of

an intergovernmental mandate, the

assumptions underlying its calculation,

and the resulting determination of

whether the rulemaking involves a

significant intergovernmental mandate.

It should discuss, as appropriate, cost

and benefit estimates and any

reasonable suggestions received during

pre-notice intergovernmental

consultations. Any substantive prenotice written communications should

be described in the Supplementary

Information and made available for

inspection in the public rulemaking file

in the DOE Freedom of Information

Reading Room.

Reporting. Pursuant to the OMB

guidelines and instructions, the Office

of General Counsel, with the

cooperation of the Secretarial Officers,

will prepare the annual report to OMB

on compliance with the

intergovernmental consultation

requirements of the Act (initially due on

January 15, 1996, and annually on

January 15 thereafter).

[FR Doc. 96–1198 Filed 1–25–96; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5403–9]

Agency Information Collection

Activities Under OMB Review: National

Water Quality Inventory Reports

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 Information Collection Request (ICR)

abstracted below has been forwarded to

the Office of Management and Budget

(OMB) for review and comment. The

ICR describes the nature of the

information collection and its expected

cost and burden; where appropriate, it

includes the actual data collection

instrument.

DATES: Comments must be submitted on

or before February 26, 1996.

FOR FURTHER INFORMATION OR A COPY

CALL: Sandy Farmer at EPA, (202) 260–

2740, and refer to EPA ICR No. 1506.04.

SUPPLEMENTARY INFORMATION:

Title: National Water Quality

Inventory Reports (Clean Water Act

Sections 305(b), 303(d), 314(a), and

106(e)). (OMB Control No. 2040–0071;

EPA ICR No. 1560.04). This is a request

for extension of a currently approved

collection.

Abstract: Section 305(b) of the Clean

Water Act (Pub. L. 92–500, 33 U.S.C.

1251 et seq., most recently amended in

1987 by Pub. L. 100–4), requires each

State to prepare and submit a biennial

water quality report to the EPA

Administrator. Regulations for water

quality monitoring, planning,

management and reporting are found in

40 CFR part 130. Each 305(b) report

includes such information as a
2506 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Notices

description of the quality of waters of

the State; an analysis of the extent to

which these waters provide for the

protection and propagation of a

balanced population of shellfish, fish,

and wildlife, and allow recreational

activities in and on the water;

recommendations for additional action

necessary to achieve such uses; an

estimate of the environmental impact

and economic and social costs as well

as the economic and social benefits of

such achievement; and a description of

the nature and extent of nonpoint

sources of pollutants and

recommendations as to programs

needed to control each category of such

sources.

Under the CWA Section 314(a)(2),

States must incorporate information

regarding Clean Lakes into the 305(b)

reports. States are to include the

following: an identification and

classification according to trophic

condition of all publicly owned lakes; a

description of the methods to control

sources of pollution and restore these

lakes; methods to mitigate the harmful

effects of high acidity; a list and

description of publicly owned lakes for

which uses are known to be impaired;

and an assessment of the status and

trends of water quality in lakes.

Section 303(d)(1) of the CWA requires

States to identify and rank water-quality

limited waters which will not meet

State water quality standards after

implementation of required controls,

such as, technology-based point source

controls.

Reporting under Sections 305(b) and

314 is required of the 50 States.

Reporting activities under Section

303(d) may be submitted as part of the

305(b) report or may be submitted under

separate cover. Other respondents

(Territories, River Basin Commissions,

certain Indian Tribes or Tribal Groups)

also prepare 305(b) reports to document

the quality of their waters to EPA,

Congress, and the public and, in some

cases, to meet grant conditions.

The 305(b) reporting process is an

essential component of the EPA water

pollution control program. EPA’s Office

of Water uses the 305(b) reports as the

principal information source for

assessing nationwide water quality,

progress made in maintaining and

restoring water quality, and the extent of

remaining water pollution problems.

EPA prepares the National Water

Quality Inventory Report to Congress

and evaluates impacts of EPA’s water

pollution control programs with the

information and data supplied in the

State and Tribal 305(b) reports and the

corresponding national database, the

EPA Waterbody System. The Office of

Water uses the Report to Congress to

target persistent and emerging water

quality problems with new initiatives

and to improve or eliminate ineffective

programs.

EPA uses the information submitted

under Section 314 to evaluate and to

report on trends in the status of lake

water quality reports issued by the

Section 314 Clean Lakes Program. The

Agency also uses this information for a

variety of other purposes including to

assist in the management of lake

projects funded under both the Section

314 and 319 of the Clean Water Act.

Under Section 303(d), EPA must

review and approve or disapprove the

State lists of water-quality limited

waterbodies still requiring total

maximum daily loads (TMDLs). Section

303(d) of the CWA establishes the

TMDL process to provide for more

stringent water-quality based controls

when required Federal, State or local

controls are inadequate to achieve State

water quality standards. TMDLs

encourage a holistic view of water

quality problems considering all

contributions and instream water

quality and provide a method to allocate

those contributions to meet water

quality standards.

The next 305(b) reports and 303(d)

lists are due to EPA in April 1996. Prior

to each 305(b) reporting deadline, EPA

publishes guidelines on the types of

information requested of respondents in

their 305(b) reports. The current edition

is Guidelines for the Preparation of the

1996 State Water Quality Assessments

(305(b) Reports), EPA 841–B–95–001,

May 1995. (For further information or a

copy call: Barry Burgan at EPA, (202)

260–7060).

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 10/6/

95 (60 FR 52392). No comments were

received.

Burden Statement: The annual public

reporting and recordkeeping burden for

this collection of information is

estimated to average 3,011 hours per

response. Burden means the total time,

effort, or financial resources expended

by persons to generate, maintain, retain,

or disclose or provide information to or

for a Federal agency. This includes the

time needed to review instructions;

develop, acquire, install, and utilize

technology and systems for the purposes

of collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

Respondents/Affected Entities: States,

Territories, and River Basin

Commissions.

Estimated Number of Respondents:

58.

Frequency of Response: Reports every

5 years beginning in 1996; annual

electronic updates of water quality

assessment data beginning in 1997.

Estimated Total Annual Hour Burden:

174,638 hours.

Send comments on the Agency’s need

for this information, the accuracy of the

provided burden estimates, and any

suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques to the following addresses.

Please refer to EPA ICR No. 1560.04 and

OMB Control No. 2040–0071 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental

Protection Agency, OPPE Regulatory

Information Division (2136), 401 M

Street, SW., Washington, DC 20460.

and

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention: Desk Officer for

EPA, 725 17th Street, NW.,

Washington, DC 20503.

Dated: January 19, 1996.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 96–1405 Filed 1–25–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5331–3]

Notice of Transfer and Disclosure of

Confidential Business Information

Obtained Under the Comprehensive

Environmental Response,

Compensation, and Liability Act to

EPA Contractors and Subcontractors

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice for comment.

SUMMARY: EPA Region IV hereby

complies with the requirements of 40

CFR 2.301(h) and 40 CFR 2.310(h) and

intends to authorize certain contractors

and subcontractors access to

Confidential Business Information