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Federal Register / Vol. . 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations 15909
<br /> TCR, yielding a total annual average under the Administrative Procedure Act This rule contains no Federal
<br /> burden of 56 , 092 hours and $ 2 , 916 , 767 (APA) or any other statute. As a grants - Mandates (under the regulatory
<br /> in costs , related rule , this rule is not subject to provisions of Title Il of the UMRA ) for
<br /> The total labor burden and costs to all the notice and comment requirements of State , local , or tribal governments or the
<br /> EPA grant and loan recipients that the APA , 5 U . S . C. 553 ( a)( 1 ) . Nor is there private sector , The UMRA excluded
<br /> would have to perform an availability any other statute which requires EPA to from the definition of " Federal
<br /> analysis to meet the requirements of the undergo notice and comment for this intergovernmental mandate " duties that
<br /> proposed .rule and other paperwork rulemaking. arise from conditions of federal
<br /> requirements are estimated to be It is important to note that EPA ' s DBE assistance . Thus , today 's rule is not
<br /> $ 16 , 509 , 500 with 825 ,475 burden hours Program is aimed at improving subject to the requirements of section
<br /> and 3 , 115 entities affected for the three- contracting opportunities for small 202 and 205 of the UMRA ,
<br /> year period of the ICR. The estimated businesses owned and controlled by Pursuant to section 203 of the UMRA ,
<br /> annual burden hours for all responses is socially and economically EPA has also determined that this rule
<br /> 275 , 158 , and. the annual number of disadvantaged individuals , among contains no regulatory requirements that
<br /> respondents is estimated at 1 ,038 , others (e . g. , Historically Black Colleges might significantly or uniquely affect
<br /> The annual cost for all respondents and Universities , etc. ) . Accordingly, small governments . With the
<br /> would be 55 ,503 , 167 . The cost per EPA believes that this rule will. impact exemptions at the 5250, 000 level or less
<br /> respondent is estimated at $ 5 , 250 ( each a substantial number of small entities . from compliance with the fair share
<br /> respondent is estimated to perform an objective requirements , EPA believes
<br /> availability analysis once every three D . Unfunded Mandates Reform Act that there would be minimal impacts on
<br /> years) and is estimated to take 265 hours Title II of the Unfunded Mandates small entities , including small
<br /> at S20/hour , EPA assumed there were Reform Act of 1995 Unfunded
<br /> , Public government jurisdictions , Additionally ,
<br /> no additional start-up costs or capital Law 204-4 , establishes requirements, Public
<br /> for under this rule , small entity recipients
<br /> expenditures. will be able to use appropriate State
<br /> Burden means the total time , effort , or Federal agencies to assess the effects of Agency-negotiated MBE/WBE objectives
<br /> financial resources expended b persons their regulatory actions on State , local,
<br /> p y p and tribal governments and the private if such recipients solicit bids/ offers from
<br /> to generate , maintain, retain , or disclose g p substantially the same relevant
<br /> or provide information to or for sector. Under section 202 of the UMRA, geographic market as that State Agency .
<br /> Federal agency. This includes the time EPA generally must prepare a written Therefore , this rule does not meet the
<br /> needed to review instructions ; develop , statement, including a cost-benefit threshold test for application of section
<br /> acquire , install , and utilize technology analysis , for proposed and final rules 203 of UMRA.
<br /> and systems for the purposes of with "Federal mandates " that may
<br /> collecting , validating, and verifying result in expenditures by State , local , E. Executive Order 13132: Federalism
<br /> information , processing and and tribal governments , in the aggregate, Executive Order 13132 , entitled
<br /> maintaining information , and disclosing or to the private sector of $ 100 million "Federalism " ( 64 FR 43255 , August 10 ,
<br /> and providing information; adjust the or more in any one year , Before 2999) , requires EPA to develop an
<br /> existing ways to comply with any promulgating an EPA rule for which a accountable process to ensure
<br /> previously applicable instructions and written statement is needed , section 205 " meaningful and timely input by State
<br /> requirements ; train personnel to be able of the UMRA generally requires EPA to and local officials in the development of
<br /> to respond to a collection of identity and consider a reasonable regulatory policies that have federalism
<br /> information ; search data sources ; number of regulatory alternatives and implications . " " Policies that have
<br /> complete and review the collection of adopts the least costly , most cost- federalism implications " is defined in
<br /> information ; and transmit or otherwise effective or least burdensome alternative the Executive Order to include
<br /> disclose the information, that achieves the objectives of the rule. regulations that have " substantial direct
<br /> An agency may not conduct or The provisions of section 205 do not effects on the States , on the relationship
<br /> sponsor , and a person. is not required to apply when they are inconsistent with between the national government and
<br /> respond to a collection of information applicable law . Moreover , section 205 the States , or on the distribution of
<br /> unless it displays a currently valid OMB allows EPA to adopt an alternative other power and responsibilities among the
<br /> control number. The OMB control than the least costly , most cost- effective various levels of government . "
<br /> numbers for EPA ' s regulations in 40 or least burdensome alternative if the This rule does not have "federalism
<br /> CFR are listed in 40 CFR part 9 , In Administrator publishes with the final implications , " as defined in the
<br /> addition , EPA is amending the table in rule an explanation why that alternative Executive Order . It will not have
<br /> 40 CFR part 9 of currently approved was not adopted . Before EPA establishes substantial direct effects on the States ,
<br /> OMB control numbers for various any regulatory requirements that may on the relationship between the national
<br /> regulations to list the regulatory significantly or uniquely affect small government and the States , or on the
<br /> citations for the information governments , including tribal distribution of power and
<br /> requirements contained in this final governments , it must have developed responsibilities among the various
<br /> rule. under section 203 of the UMRA a small levels of government , as specified in
<br /> C. Regulatory Flexibility Act government agency plan. The plan must: Executive Order 13132 . Because this
<br /> g r S provide for notifying potentially rule conditions the use of federal
<br /> This rule is not subject to the affected small governments , enabling assistance , it will not impose substantial
<br /> Regulatory Flexibility Act (RFA) , which officials of affected small governments direct compliance costs on State and
<br /> generally requires an agency to prepare to have meaningful and timely input in local governments . Thus, the
<br /> a regulatory flexibility analysis for any the development of EPA regulatory requirements of section 6 of the
<br /> rule that will have a significant proposals with significant Federal. Executive Order do not apply to this
<br /> economic impact on a substantial intergovernmental mandates , and rule ,
<br /> number of small entities . The RFA informing , educating and advising small In the spirit of Executive Order 13132
<br /> applies only to rules subject to notice- governments on compliance with the and consistent with EPA policy to
<br /> and-comment rulemaking requirements regulatory requirements , promote communications between EPA
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