9648
Federal
Register
/
Vol.
68,
No.
40
/
Friday,
February
28,
2003
/
Notices
may
make
appropriate,
neutral
disclaimers
to
clarify
that
such
speech
(
whether
religious
or
nonreligious)
is
the
speaker's
and
not
the
school's.

Baccalaureate
Ceremonies
School
officials
may
not
mandate
or
organize
religious
ceremonies.
However,
if
a
school
makes
its
facilities
and
related
services
available
to
other
private
groups,
it
must
make
its
facilities
and
services
available
on
the
same
terms
to
organizers
of
privately
sponsored
religious
baccalaureate
ceremonies.
In
addition,
a
school
may
disclaim
official
endorsement
of
events
sponsored
by
private
groups,
provided
it
does
so
in
a
manner
that
neither
favors
nor
disfavors
groups
that
meet
to
engage
in
prayer
or
religious
speech.

Footnotes
1
The
relevant
portions
of
the
First
Amendment
provide:
``
Congress
shall
make
no
law
respecting
an
establishment
of
religion,
or
prohibiting
the
free
exercise
thereof;
or
abridging
the
freedom
of
speech
*
*
*''
U.
S.
Const.
amend.
I.
The
Supreme
Court
has
held
that
the
Fourteenth
Amendment
makes
these
provisions
applicable
to
all
levels
of
government
 
federal,
state,
and
local
 
and
to
all
types
of
governmental
policies
and
activities.
See
Everson
v.
Board
of
Educ.,
330
U.
S.
1
(
1947);
Cantwell
v.
Connecticut,
310
U.
S.
296
(
1940).
2
See,
e.
g.,
Everson,
330
U.
S.
at
18
(
the
First
Amendment
``
requires
the
state
to
be
a
neutral
in
its
relations
with
groups
of
religious
believers
and
non­
believers;
it
does
not
require
the
state
to
be
their
adversary.
State
power
is
no
more
to
be
used
so
as
to
handicap
religions
than
it
is
to
favor
them'');
Good
News
Club
v.
Milford
Cent.
Sch.,
533
U.
S.
98
(
2001).
3
Santa
Fe
Indep.
Sch.
Dist.
v.
Doe,
530
U.
S.
290,
302
(
2000)
(
quoting
Board
of
Educ.
v.
Mergens,
496
U.
S.
226,
250
(
1990)
(
plurality
opinion));
accord
Rosenberger
v.
Rector
of
Univ.
of
Virginia,
515
U.
S.
819,
841
(
1995).
4
Engel
v.
Vitale,
370
U.
S.
421
(
1962)
(
invalidating
state
laws
directing
the
use
of
prayer
in
public
schools);
School
Dist.
of
Abington
Twp.
v.
Schempp,
374
U.
S.
203
(
1963)
(
invalidating
state
laws
and
policies
requiring
public
schools
to
begin
the
school
day
with
Bible
readings
and
prayer);
Mergens,
496
U.
S.
at
252
(
plurality
opinion)
(
explaining
that
``
a
school
may
not
itself
lead
or
direct
a
religious
club'').
The
Supreme
Court
has
also
held,
however,
that
the
study
of
the
Bible
or
of
religion,
when
presented
objectively
as
part
of
a
secular
program
of
education
(
e.
g.,
in
history
or
literature
classes),
is
consistent
with
the
First
Amendment.
See
Schempp,
374
U.
S.
at
225.
5
See
Lee
v.
Weisman,
505
U.
S.
577,
599
(
1992);
see
also
Wallace
v.
Jaffree,
472
U.
S.
38
(
1985).
6
See
Weisman,
505
U.
S.
at
587.
7
505
U.
S.
577
(
1992).
8
530
U.
S.
290
(
2000).
9
Tinker
v.
Des
Moines
Indep.
Community
Sch.
Dist.,
393
U.
S.
503,
506
(
1969).
10
Capitol
Square
Review
&
Advisory
Bd.
v.
Pinette,
515
U.
S.
753,
760
(
1995).
11
Santa
Fe,
530
U.
S.
at
302
(
explaining
that
``
not
every
message''
that
is
``
authorized
by
a
government
policy
and
take[
s]
place
on
government
property
at
governmentsponsored
school­
related
events''
is
``
the
government's
own'').
12
Santa
Fe,
530
U.
S.
at
313.
13
For
example,
the
First
Amendment
permits
public
school
officials
to
review
student
speeches
for
vulgarity,
lewdness,
or
sexually
explicit
language.
Bethel
Sch.
Dist.
v.
Fraser,
478
U.
S.
675,
683
 
86
(
1986).
Without
more,
however,
such
review
does
not
make
student
speech
attributable
to
the
state.
14
Rosenberger
v.
Rector
of
Univ.
of
Virginia,
515
U.
S.
819
(
1995);
Board
of
Educ.
v.
Mergens,
496
U.
S.
226
(
1990);
Good
News
Club
v.
Milford
Cent.
Sch.,
533
U.
S.
98
(
2001);
Lamb's
Chapel
v.
Center
Moriches
Union
Free
Sch.
Dist.,
508
U.
S.
384
(
1993);
Widmar
v.
Vincent,
454
U.
S.
263
(
1981);
Santa
Fe,
530
U.
S.
at
304
n.
15.
In
addition,
in
circumstances
where
students
are
entitled
to
pray,
public
schools
may
not
restrict
or
censor
their
prayers
on
the
ground
that
they
might
be
deemed
``
too
religious''
to
others.
The
Establishment
Clause
prohibits
state
officials
from
making
judgments
about
what
constitutes
an
appropriate
prayer,
and
from
favoring
or
disfavoring
certain
types
of
prayers
 
be
they
``
nonsectarian''
and
``
nonproselytizing''
or
the
opposite
 
over
others.
See
Engel
v.
Vitale,
370
U.
S.
421,
429
 
30
(
1962)
(
explaining
that
``
one
of
the
greatest
dangers
to
the
freedom
of
the
individual
to
worship
in
his
own
way
lay
in
the
Government's
placing
its
official
stamp
of
approval
upon
one
particular
kind
of
prayer
or
one
particular
form
of
religious
services,''
that
``
neither
the
power
nor
the
prestige''
of
state
officials
may
``
be
used
to
control,
support
or
influence
the
kinds
of
prayer
the
American
people
can
say,''
and
that
the
state
is
``
without
power
to
prescribe
by
law
any
particular
form
of
prayer'');
Weisman,
505
U.
S.
at
594.
15
Santa
Fe,
530
U.
S.
at
302;
Mergens,
496
U.
S.
at
248
 
50.
16
Mergens,
496
U.
S.
at
250
(
plurality
opinion);
id.
at
260
 
61
(
Kennedy,
J.,
concurring
in
part
and
in
judgment).
17
Rosenberger,
515
U.
S.
at
845
 
46;
Mergens,
496
U.
S.
at
248
(
plurality
opinion);
id.
at
260
 
61
(
Kennedy,
J.,
concurring
in
part
and
in
judgment).

[
FR
Doc.
03
 
4693
Filed
2
 
27
 
03;
8:
45
am]

BILLING
CODE
4000
 
01
 
U
ENVIRONMENTAL
PROTECTION
AGENCY
[
OECA
 
2002
 
0015;
FRL
 
7454
 
9]

Agency
Information
Collection
Activities:
Submission
of
EPA
ICR
No.
1052.07,
OMB
No.
2060
 
0026,
to
OMB
for
Review
and
Approval;
Comment
Request
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
the
following
Information
Collection
Request
(
ICR)
has
been
forwarded
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
and
approval:
NSPS
Subpart
D,
Standards
of
Performance
for
Fossil­
Fuel­
Fired
Steam
Generating
Units.
This
ICR
describes
the
nature
of
the
information
collection
and
its
estimated
burden
and
cost.
DATES:
Additional
comments
must
be
submitted
on
or
before
March
31,
2003.
ADDRESSES:
Follow
the
detailed
instructions
in
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Dan
Chadwick,
Compliance
Assessment
and
Media
Programs
Division,
Office
of
Compliance,
Mail
Code
2223A,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number
(
202)
564
 
7054;
fax
number
(
202)
564
 
0050;
Email
address
chadwick.
dan@
epagov.
SUPPLEMENTARY
INFORMATION:
EPA
has
submitted
the
following
ICR
to
OMB
for
review
and
approval
according
to
the
procedures
prescribed
in
5
CFR
1320.12.
On
June
20,
2002
(
67
FR
41981),
EPA
sought
comments
on
this
ICR
pursuant
to
5
CFR
1320.8(
d).
EPA
received
no
comments.
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OECA
 
2002
 
0015,
which
is
available
for
public
viewing
at
the
Enforcement
and
Compliance
Docket
and
Information
Center
in
the
EPA
Docket
Center,
(
EPA/
DC)
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
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
for
the
Enforcement
and
Compliance
Docket
and
Information
Center
is
(
202)
566
 
1514.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
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
above.
Any
comments
related
to
this
ICR
should
be
submitted
to
EPA
and
OMB
within
30
days
of
this
notice,
and
according
to
the
following
detailed
instructions:
(
1)
Submit
your
comments
to
EPA
online
using
EDOCKET
(
our
preferred
method),
by
e­
mail
to
docket.
oeca@
epa.
gov,
or
by
mail
to
EPA
Docket
Center,
Environmental
VerDate
Jan<
31>
2003
18:
05
Feb
27,
2003
Jkt
200001
PO
00000
Frm
00017
Fmt
4703
Sfmt
4703
E:\
FR\
FM\
28FEN1.
SGM
28FEN1
9649
Federal
Register
/
Vol.
68,
No.
40
/
Friday,
February
28,
2003
/
Notices
Protection
Agency,
Mailcode:
2201T,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
and
(
2)
Mail
your
comments
to
OMB
at:
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget
(
OMB),
Attention:
Desk
Officer
for
EPA,
725
17th
Street,
NW.,
Washington,
DC
20503.
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EDOCKET
as
EPA
receives
them
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
public
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EDOCKET.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Although
identified
as
an
item
in
the
official
docket,
information
claimed
as
CBI,
or
whose
disclosure
is
otherwise
restricted
by
statute,
is
not
included
in
the
official
public
docket,
see
EPA's
Federal
Register
notice
describing
the
electronic
docket
at
67
FR
38102
(
May
31,
2002),
or
go
to
http://
www.
epa.
gov/
edocket.
Title:
NSPS
Subpart
D,
Standards
of
Performance
for
Fossil­
Fuel­
Fired
Steam
Generating
Units,
OMB
Control
Number
2060
 
0026,
EPA
ICR
Number
1052.07.
This
is
a
request
to
renew
an
existing
approved
collection
that
is
scheduled
to
expire
on
February
28,
2003.
Under
the
OMB
regulations,
the
Agency
may
continue
to
conduct
or
sponsor
the
collection
of
information
while
this
submission
is
pending
at
OMB.
Abstract:
Owners
or
operators
of
steam
generating
units
subject
to
Subpart
D
must
make
one­
time­
only
notifications
of
construction/
reconstruction,
anticipated
and
actual
startup,
initial
performance
test,
physical
or
operational
changes,
and
demonstration
of
a
continuous
monitoring
system.
They
must
also
submit
reports
on
initial
performance
test
results,
monitoring
system
performance,
and
excess
emissions.
Records
must
be
maintained
of
startups,
shutdowns,
malfunctions,
and
periods
when
the
continuous
monitoring
system
is
inoperative.
The
required
notifications
are
used
to
inform
the
Agency
or
delegated
authority
when
a
source
becomes
subject
to
the
standard.
Performance
test
reports
are
needed
as
these
are
the
Agency's
record
of
a
source's
initial
capability
to
comply
with
the
emission
standard,
and
serve
as
a
record
of
the
operating
conditions
under
which
compliance
was
achieved.
The
monitoring
and
excess
emissions
reports
(
which
are
semiannual)
are
used
for
problem
identification,
as
a
check
on
source
operation
and
maintenance,
and
for
compliance
determinations.
The
information
collected
from
record
keeping
and
reporting
requirements
are
used
for
targeting
inspections,
and
for
other
uses
in
compliance
and
enforcement
programs.
Responses
to
this
information
collection
are
deemed
to
be
mandatory,
per
section
114(
a)
of
the
Clean
Air
Act.
The
required
information
consists
of
emissions
data
and
other
information
that
have
been
determined
not
to
be
private.
However,
any
information
submitted
to
the
Agency
for
which
a
claim
of
confidentiality
is
made
will
be
safeguarded
according
to
the
Agency
policies
set
forth
in
Title
40,
chapter
1,
part
2,
subpart
B
 
Confidentiality
of
Business
Information
(
see
40
CFR
part
2;
41
FR
36902,
September
1,
1976;
amended
by
43
FR
40000,
September
8,
1978;
43
FR
42251,
September
20,
1978;
44
FR
17674,
March
23,
1979).
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,
and
are
identified
on
the
form
and/
or
instrument,
if
applicable.
Burden
Statement:
The
annual
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
46.6
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
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:
Owners
or
operators
of
fossil­
fuel­
fired
steam
generating
units
subject
to
Subpart
D.
Estimated
Number
of
Respondents:
660.
Frequency
of
Response:
Semiannual.
Estimated
Total
Annual
Hour
Burden:
61,545
hours.
Estimated
Total
Capital
and
Operations
&
Maintenance
(
O
&
M)
Annual
Cost:
$
9,900,000,
which
includes
$
0
annualized
capital/
startup
costs
and
$
9,900,000
annual
O
&
M
costs.
Changes
in
Estimates:
There
is
a
decrease
of
hours
in
the
total
estimated
burden
currently
identified
in
the
OMB
inventory
of
Approved
ICR
Burdens.
This
decrease
is
due
to
a
correction
in
the
frequency
of
reporting
from
quarterly
to
semiannual.

Dated:
February
10,
2003.
Oscar
Morales,
Director,
Collection
Strategies
Division.
[
FR
Doc.
03
 
4772
Filed
2
 
27
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OW
 
2002
 
0042;
FRL
 
7454
 
8]

Agency
Information
Collection
Activities;
Proposed
Collection;
Comment
Request
(
OMB
Control
No.
2040
 
0027,
EPA
ICR
No.
0827.06)

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
the
following
Information
Collection
Request
(
ICR)
has
been
forwarded
to
the
Office
of
Management
and
Budget
(
OMB)
for
review
and
approval:
Construction
Grants
Program.
The
ICR
describes
the
nature
of
the
information
collection
and
its
estimated
burden
and
cost.
DATES:
Additional
comments
may
be
submitted
on
or
before
March
31,
2003.
ADDRESSES:
Follow
the
detailed
instructions
in
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Gajindar
Singh,
Office
of
Wastewater
Management,
Mail
Code
4204M,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
202)
564
 
0634,
fax
number:
(
202)
501
 
2396,
e­
mail:
singh.
gajindar@
epa.
gov.
SUPPLEMENTARY
INFORMATION:
EPA
has
submitted
the
following
ICR
to
OMB
for
review
and
approval
according
to
the
procedures
prescribed
in
5
CFR
1320.12.
On
August
12,
2002,
EPA
sought
comments
on
this
renewal
ICR
(
67
FR
52480)
pursuant
to
5
CFR
1320.8(
d).
EPA
received
no
comments.

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