Section 268.7( b)( 6) Notification and Certification Requirements Based on RCRAInfo data, EPA estimates that 858 facilities recycle hazardous waste each year. Based on its best judgment, EPA estimates that five percent of these facilities ( i. e., 43 recyclers) will ship recyclable materials that will be used in a manner that constitutes disposal under 40 CFR 266.20. These recyclers are expected to transmit a notice and certification to EPA with each shipment in accordance with section 268.7( b)( 6). EPA estimates that, on average, each of the 43 recyclers will perform this task 75 times per year, or 3,225 ( i. e., 43 x 75 = 3,225) submittals in total. 53 In addition, these 43 recyclers are expected to keep records of the name and location of each entity receiving the hazardous waste derived product.

( d) Land Disposal Facility Waste Analysis and Recordkeeping As described earlier, EPA estimates that, each year, generators and treaters will transmit 134 notices and certifications to the land disposal facility. Thus, EPA estimates that land disposal facilities will be required to keep copies of 134 notices and certifications annually, as required under section 268.7( c)( 1).

( e) Hazardous Debris Requirements Based on industry consultations, EPA estimates that, each year, a tenth of one percent of LQGs treating waste on site ( i. e., 1,854 x 0.001 = 2 LQGs) and a tenth of one percent of treatment facilities ( i. e., 2,140 x 0.001 = 2 treatment facilities) will claim that their hazardous debris is excluded from the definition of hazardous waste under section 261.3( f) ( i. e., debris treated by a specified extraction or destruction technology). Section 268.7( d)( 1) requires these four facilities ( i. e., 2 LQGs + 2 treatment facilities = 4 facilities) to submit a one time notification when claiming the exclusion.

In addition, based on industry consultations, EPA estimates that one percent of LQGs treating waste on site ( i. e., 1,854 x 0.01 = 19 LQGs) and one percent of treatment facilities ( i. e., 2,140 x 0.01 = 21 treatment facilities) have claimed that their hazardous debris is excluded from the definition of hazardous waste under section 261.3( f). EPA's consultations also indicate that, each year, a tenth of one percent of these 40 facilities ( i. e., 40 x 0.001 = 0 facilities) will need to update their notifications because: ( 1) a different type of debris is treated, ( 2) a different treatment technology is employed, or ( 3) the treater ships the excluded waste to a different Subtitle D facility.

EPA acknowledges that all 44 facilities ( i. e., 4 + 40 = 44) operating under the exclusion will have to maintain the records required in 40 CFR 268.7( d)( 3) and that information will have to be recorded more frequently than once per year. The Agency has taken the frequency of activities into account in formulating its estimates of the number of hours taken for each activity. EPA expects that inspections, evaluations, and analyses of treated debris will be recorded four times per year ( i. e., 44 x 4 = 176). EPA expects that treatment data will be recorded quarterly ( i. e., 44 x 4 = 176). EPA expects that certifications of compliance for shipments will be recorded and placed on the facility's files monthly ( i. e., 44 x 12 = 528).

( f) Contaminated Soil Requirements Based on its best judgment, EPA estimates that, each year, one percent of LQGs ( i. e., 19,081 x 0.01 = 191 LQGs) and one percent of SQGs ( i. e., 108,232 x 0.01 = 1,082 SQGs) will determine that a contaminated soil subject to LDRs no longer contains a listed hazardous waste or 54 exhibits a characteristic of hazardous waste and therefore, comply with 40 CFR 268.7( e). These 1,273 generators ( i. e., 191 + 1,082 = 1,273) are expected to prepare and maintain documentation of these determinations, including all supporting documentation.

( g) Special Rules for Characteristic Wastes EPA queried RCRAInfo to estimate that 1,854 generators ( i. e., LQGs) are treating their hazardous waste on site in 90 day units. Based on industry consultations, EPA estimates that, each year, 10 percent of these LQGs ( i. e., 1,854 x 0.10 = 185 LQGs) will de characterize their waste and prepare, submit, and maintain an initial notification and certification under section 268.9( d). On the other hand, industry representatives contacted by the Agency believe that treatment facilities generally have been in existence for some time and have already submitted their initial notification and certification. Hence, this ICR assumes no treatment facilities will submit an initial notice and certification under this requirement during the period covered by this ICR. In total, EPA estimates that, each year, a total of 185 facilities ( i. e., 185 LQGs + 0 treatment facilities = 185 facilities) will prepare, submit, and maintain initial one time notifications and certifications.

Based on industry consultations, EPA estimates that, each year, 10 percent of LQGs treating waste on site in 90 day units ( i. e., 1,854 x 0.10 = 185 LQGs) and 10 percent of treatment facilities ( i. e., 2,140 x 0.10 = 214 treatment facilities) will need to update their notification and certifications because of a change in the waste or the receiving facility. In total, EPA estimates that, each year, a total of 399 facilities ( i. e., 185 LQGs + 214 treatment facilities = 399 facilities) will prepare, submit, and maintain updated notifications.

( 4) Demonstration for Alternative Treatment Technology ( Exhibit 4)

Based on its best judgment, EPA estimates that, each year, four facilities will seek a variance from a specified treatment method. These facilities are expected to read the regulations at 40 CFR 268.42. In addition, these facilities are expected to prepare and submit a demonstration and any other information requested by EPA.

( 5) Demonstration for a Variance from a Treatment Standard ( Exhibit 5)

( a) Reading the Regulations Based on its best judgment, EPA estimates that, each year, ten facilities will seek a variance from a treatment standard. These facilities are expected to read the regulations at 40 CFR 268.44. 55 ( b) Demonstration for a Variance from a Treatment Standard ( b1) Demonstration for a Variance ( Section 268.44( a)( d))

EPA estimates that seven facilities will seek a variance from a treatment standard, as provided under section 268.44( a)( d). These seven facilities are expected to develop and submit a demonstration and any other information requested by EPA.

( b2) Demonstration for a Site Specific Variance ( Section 268.44( h)( m))

EPA estimates that three facilities will seek a site specific variance from a treatment standard, as provided under section 268.44( h)( m). These three facilities are expected to develop and submit a demonstration and any other information requested by EPA.

( 6) Recordkeeping for Storage Prohibition ( Exhibit 6)

( a) Reading the Regulations Based on RCRAInfo, EPA estimates that there are 1,395 TSDFs in operation. Based on its best judgment, EPA estimates that, each year, 10 percent of these facilities ( i. e, 1,395 x 0.10 = 140 TSDFs) will store restricted hazardous wastes under 40 CFR 268.50. These facilities are expected to read the regulations at section 268.50.

( b) Recordkeeping for Storage Prohibition EPA expects that the 140 TSDFs will develop and keep records of the contents of storage units, quantity of each hazardous waste received, and the date that accumulation begins for each tank and container, as applicable. EPA estimates that each of these 140 TSDFs will perform these tasks four times per year, or 560 times ( i. e., 140 x 4 = 560). 56 EXHIBIT 1 LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 114.34/ $ 81.83/ $ 59.41/ $ 30.27/ Hours/ Cost/ Startup O & M Respon./ Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Read the Regulations 0.25 0.25 0.50 0.00 1.00 $ 78.75 $ 0.00 $ 0.00 1 1.00 $ 79 Develop and submit application to EPA 0.00 1.00 8.00 2.00 11.00 $ 617.65 $ 0.00 $ 3.64 1 11.00 $ 621 Maintain files of the application 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.30 1 0.10 $ 3 Complete and submit certification to EPA 0.25 0.25 1.00 0.50 2.00 $ 123.59 $ 0.00 $ 0.38 1 2.00 $ 124 TOTAL 0.50 1.50 9.50 2.60 14.10 $ 823.02 $ 0.00 $ 4.32 1 14.10 $ 827 EXHIBIT 2 LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 114.34/ $ 81.83/ $ 59.41/ $ 30.27/ Hours/ Cost/ Startup O & M Respon./ Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Read the Regulations 0.25 0.25 0.50 0.00 1.00 $ 78.75 $ 0.00 $ 0.00 1 1.00 $ 79 Complete and submit certified application to EPA 0.50 1.00 8.00 2.00 11.50 $ 674.82 $ 0.00 $ 3.64 1 11.50 $ 678 Develop and submit additional information to EPA 0.00 0.25 1.00 0.50 1.75 $ 95.00 $ 0.00 $ 0.38 1 1.75 $ 95 Develop and submit renewal request to EPA 0.25 0.25 2.00 0.50 3.00 $ 183.00 $ 0.00 $ 0.38 0 0.00 $ 0 Notify EPA of any changes 0.00 0.25 0.50 0.50 1.25 $ 65.30 $ 0.00 $ 0.38 0 0.00 $ 0 Provide written progress reports to EPA 0.00 0.25 0.50 0.50 1.25 $ 65.30 $ 0.00 $ 0.38 1 1.25 $ 66 TOTAL Varies Varies Varies Varies Varies Varies Varies Varies Varies 15.50 $ 918 Reading the Regulations ( 268.5)

Application for Extension ( 268.5( a)( c))

Renewal of Extension ( 268.5( e))

Notifications and Progress Reports ( 268.5( f)( g))

TREATMENT SURFACE IMPOUNDMENT EXEMPTION PROCEDURES FOR CASE BY CASE EXTENSION Reading the Regulations ( 268.4)

Application for Exemption ( 268.4( a)( 3))

Certification ( 268.4( a)( 4)) 57 EXHIBIT 3 LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 114.34/ $ 81.83/ $ 59.41/ $ 30.27/ Hours/ Cost/ Startup O & M Respon./ Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Read the regulations  LQGs 0.00 0.25 0.75 0.00 1.00 $ 65.02 $ 0.00 $ 0.00 19,081 19,081.00 $ 1,240,647 Read the regulations  SQGs 0.00 0.25 0.75 0.00 1.00 $ 65.02 $ 0.00 $ 0.00 108,232 108,232.00 $ 7,037,245 Read the regulations  Treatment Facilities 0.00 0.25 0.75 0.00 1.00 $ 65.02 $ 0.00 $ 0.00 2,140 2,140.00 $ 139,143 Read the regulations  Land Disposal Facilities 0.00 0.25 0.75 0.00 1.00 $ 65.02 $ 0.00 $ 0.00 131 131.00 $ 8,518 Test the waste 0.00 0.00 20.00 0.00 20.00 $ 1,188.20 $ 0.00 $ 1,919.00 31,187 623,740.00 $ 96,904,246 Use process knowledge 0.00 0.00 0.50 0.00 0.50 $ 29.71 $ 0.00 $ 0.00 96,127 48,063.50 $ 2,855,933 For waste or contaminated soil that does not meet the applicable treatment standards, complete and transmit notification and certifications, as applicable 0.00 0.00 0.20 0.25 0.45 $ 19.45 $ 0.00 $ 0.00 2,278 1,025.10 $ 44,307 For waste or contaminated soil that can be land disposed without further treatment, complete and transmit notice and certification, as applicable 0.00 0.00 0.20 0.35 0.55 $ 22.48 $ 0.00 $ 0.00 0 0.00 $ 0 For waste or contaminated soil subject to an exemption, complete and transmit notice and certification, as applicable 0.00 0.00 1.20 0.25 1.45 $ 78.86 $ 0.00 $ 0.00 0 0.00 $ 0 Develop and follow waste analysis plan 0.00 0.25 4.00 0.50 4.75 $ 273.23 $ 0.00 $ 0.00 19 90.25 $ 5,191 Maintain the waste analysis plan on site 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.00 1,854 185.40 $ 5,618 Complete and transmit to the receiving facility a onetime notification and certification 0.00 0.00 0.20 0.25 0.45 $ 19.45 $ 0.00 $ 0.00 0 0.00 $ 0 Keep records of all supporting data used to make LDR waste or contaminated soil determination  testing 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.00 31,187 3,118.70 $ 94,497 Keep records of all supporting data used to make LDR waste or contaminated soil determination  process knowledge 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.00 96,127 9,612.70 $ 291,265 Develop and keep records of notice of generation,

exclusion from regulation, and disposition of excluded waste 0.00 0.00 0.50 0.10 0.60 $ 32.73 $ 0.00 $ 0.00 20 12.00 $ 655 Keep records of all other documentation 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.10 8,458 845.80 $ 26,474 For generators of lab packs, submit notification and certification 0.00 0.00 0.20 0.25 0.45 $ 19.45 $ 0.00 $ 0.20 6,180 2,781.00 $ 121,437 For SQGs in a tolling agreement, transmit and retain copy of notification and certification 0.00 0.00 0.20 0.25 0.45 $ 19.45 $ 0.00 $ 0.00 0 0.00 $ 0 Reading the Regulations  All Waste Handlers ( 268.7 and 268.9)

Generator Waste Analysis ( 268.7( a)( 1))

WASTE ANALYSIS AND RECORDKEEPING Generator Notification and Certification Requirements ( 268.7( a)( 2)( 4))

Generator Waste Analysis Plan ( 268.7( a)( 5))

Generator Recordkeeping Requirements ( 268.7( a)( 6)( 8))

Lab Pack and Toll Agreement Generator Requirements ( 268.7( a)( 9)( 10))

Lab Pack Generator Requirements ( 268.7( a)( 9))

Section 268.7( a)( 2) Notification Requirements Section 268.7( a)( 3) Notification and Certification Requirements Section 268.7( a)( 4) Notification Requirements Section 268.7( a)( 6) Generator Recordkeeping Requirements Section 268.7( a)( 7) Generator Recordkeeping Requirements Section 268.7( a)( 8) Generator Recordkeeping Requirements Toll Agreement Generator Requirements ( 268.7( a)( 10))

Generator Waste Analysis and Recordkeeping 58 EXHIBIT 3 ( cont.)

LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 114.34/ $ 81.83/ $ 59.41/ $ 30.27/ Hours/ Cost/ Startup O & M Respon./ Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Complete, submit, and keep a copy of the notice and certification sent to land disposal facility 0.00 0.00 0.20 0.35 0.55 $ 22.48 $ 0.00 $ 0.10 134 73.70 $ 3,026 Comply with the notification and certification requirements applicable to generators 0.00 0.00 0.20 0.25 0.45 $ 19.45 $ 0.00 $ 0.00 0 0.00 $ 0 For recyclable materials, complete and submit a notice and certification to EPA with each shipment 0.00 0.00 0.20 0.25 0.45 $ 19.45 $ 0.00 $ 0.38 3,225 1,451.25 $ 63,952 For recycling facilities, keep records of entities receiving hazardous waste derived products 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.10 43 4.30 $ 135 Keep copies of notices and certifications 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.00 134 13.40 $ 406 Prepare and submit one time notification to EPA 0.00 0.50 0.50 0.25 1.25 $ 78.19 $ 0.00 $ 0.38 4 5.00 $ 314 Update and submit to EPA notification with changes 0.00 0.00 0.25 0.00 0.25 $ 14.85 $ 0.00 $ 0.38 0 0.00 $ 0 Keep records of all inspections, evaluations, and analyses of treated debris 0.00 0.00 0.17 0.10 0.27 $ 13.13 $ 0.00 $ 0.10 176 47.52 $ 2,328 Keep records of data or information obtained during treatment 0.00 0.00 0.17 0.10 0.27 $ 13.13 $ 0.00 $ 0.10 176 47.52 $ 2,328 Keep a certification of compliance for each shipment of treated debris 0.00 0.00 0.17 0.10 0.27 $ 13.13 $ 0.00 $ 0.10 528 142.56 $ 6,985 Prepare one time documentation 0.00 0.00 0.25 0.00 0.25 $ 14.85 $ 0.00 $ 0.10 1,273 318.25 $ 19,031 Maintain supporting documentation on site 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.00 1,273 127.30 $ 3,857 Prepare and submit a one time notification and certification to EPA 0.00 0.00 0.40 0.50 0.90 $ 38.90 $ 0.00 $ 0.38 185 166.50 $ 7,267 Maintain files of notification and certification on site 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.10 185 18.50 $ 579 Update and submit to EPA the notification and certification annually, if changes occur 0.00 0.00 0.40 0.50 0.90 $ 38.90 $ 0.00 $ 0.38 399 359.10 $ 15,673 Maintain updated certification and notification 0.00 0.00 0.00 0.10 0.10 $ 3.03 $ 0.00 $ 0.10 399 39.90 $ 1,249 TOTAL Varies Varies Varies Varies Varies Varies Varies Varies Varies 821,873 $ 108,902,305 Treatment Facility Waste Analysis and Recordkeeping ( 268.7( b))

WASTE ANALYSIS AND RECORDKEEPING Section 268.7( b)( 3)( 4) Notification and Certification Requirements Section 268.7( b)( 5) Notification and Certification Requirements Land Disposal Facility Waste Analysis and Recordkeeping ( 268.7( c)( 1))

Treatment Facility Notifications and Certifications ( 268.7( b)( 3)( 6))

Section 268.7( b)( 6) Notification and Certification Requirements Hazardous Debris Requirements ( 268.7( d))

Special Rules for Characteristic Wastes ( 268.9( d))

Contaminated Soil Requirements ( 268.7( e)) 59 EXHIBIT 4 LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 114.34/ $ 81.83/ $ 59.41/ $ 30.27/ Hours/ Cost/ Startup O & M Respon./ Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Read the Regulations 0.00 0.50 1.00 0.00 1.50 $ 100.33 $ 0.00 $ 0.00 4 6.00 $ 401 Develop and submit application to EPA 0.00 1.00 8.00 2.00 11.00 $ 617.65 $ 0.00 $ 3.64 4 44.00 $ 2,485 TOTAL 0.00 1.50 9.00 2.00 12.50 $ 717.98 $ 0.00 $ 3.64 4 50.00 $ 2,886 EXHIBIT 5 LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 114.34/ $ 81.83/ $ 59.41/ $ 30.27/ Hours/ Cost/ Startup O & M Respon./ Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Read the Regulations 0.00 0.50 0.00 1.00 1.50 $ 71.19 $ 0.00 $ 0.00 10 15.00 $ 712 Develop and submit demonstration and additional information to EPA 0.00 1.00 8.00 2.00 11.00 $ 617.65 $ 0.00 $ 3.64 7 77.00 $ 4,349 Develop and submit demonstration and additional information to EPA 0.00 1.00 8.00 2.00 11.00 $ 617.65 $ 0.00 $ 3.64 3 33.00 $ 1,864 TOTAL Varies Varies Varies Varies Varies Varies Varies Varies Varies 125.00 $ 6,925 DEMONSTRATION FOR ALTERNATIVE TREATMENT TECHNOLOGY Reading the Regulations ( 268.42)

Demonstration for Alternative Treatment Technology ( 268.42( b))

Demonstration for a Site Specific Variance ( 268.44( h)( m))

DEMONSTRATION FOR A VARIANCE FROM A TREATMENT STANDARD Reading the Regulations ( 268.44)

Demonstration for a Variance ( 268.44( a)( d)) 60 EXHIBIT 6 LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 114.34/ $ 81.83/ $ 59.41/ $ 30.27/ Hours/ Cost/ Startup O & M Respon./ Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Read the Regulations 0.00 0.50 1.00 0.00 1.50 $ 100.33 $ 0.00 $ 0.00 140 210.00 $ 14,046 Develop and keep records of data 0.00 0.00 0.50 0.25 0.75 $ 37.27 $ 0.00 $ 0.00 560 420.00 $ 20,871 TOTAL 0.00 0.50 1.50 0.25 2.25 $ 137.60 $ 0.00 $ 0.00 Varies 630.00 $ 34,917 RECORDKEEPING FOR STORAGE PROHIBITION Reading the Regulations ( 268.50)

Recordkeeping for Storage Prohibition ( 268.50( a)( 2)) 61 EXHIBIT 7 LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL AGENCY HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 65.28/ $ 46.96/ $ 32.94/ $ 20.03/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Review demonstration or request for modification and approve/ deny exemption 0.00 0.50 4.00 0.00 4.50 $ 155.24 $ 0.00 $ 0.00 1 4.50 $ 155 Review written certification 0.00 0.00 0.50 0.00 0.50 $ 16.47 $ 0.00 $ 0.00 1 0.50 $ 16 Keep records of demonstration and written certification 0.00 0.00 0.00 0.10 0.10 $ 2.00 $ 0.00 $ 0.00 1 0.10 $ 2 Subtotal 0.00 0.50 4.50 0.10 5.10 $ 173.71 $ 0.00 $ 0.00 1 5.10 $ 174 Review and keep records of application 1.00 0.50 6.00 0.25 7.75 $ 291.41 $ 0.00 $ 0.00 1 7.75 $ 291 Request, review, and keep records of any additional information 1.00 0.25 4.00 0.50 5.75 $ 218.80 $ 0.00 $ 0.00 1 5.75 $ 219 Issue notice and provide opportunity for comment 1.50 0.50 0.00 1.00 3.00 $ 141.43 $ 0.00 $ 0.00 1 3.00 $ 141 Consult with State agencies 0.25 0.25 2.00 0.00 2.50 $ 93.94 $ 0.00 $ 0.00 1 2.50 $ 94 Approve/ deny extension and publish decision 1.00 0.50 32.00 1.00 34.50 $ 1,162.87 $ 0.00 $ 0.00 1 34.50 $ 1,163 Receive, review, and keep records of the renewal reque 1.00 0.25 4.00 0.25 5.50 $ 213.79 $ 0.00 $ 0.00 0 0.00 $ 0 Consult with State agencies 1.00 0.25 1.50 0.00 2.75 $ 126.43 $ 0.00 $ 0.00 0 0.00 $ 0 Issue notice and provide opportunity for comment 1.50 0.50 32.00 1.00 35.00 $ 1,195.51 $ 0.00 $ 0.00 0 0.00 $ 0 Approve/ deny extension and publish decision 1.00 0.50 32.00 1.00 34.50 $ 1,162.87 $ 0.00 $ 0.00 0 0.00 $ 0 Receive and keep records of any changes 0.00 0.25 0.00 0.10 0.35 $ 13.74 $ 0.00 $ 0.00 0 0.00 $ 0 Receive, review, and keep records of progress reports 0.00 0.25 0.50 0.10 0.85 $ 30.21 $ 0.00 $ 0.00 1 0.85 $ 30 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies Varies 54.35 $ 1,939 Application for Exemption and Certification ( 268.4)

Notifications and Progress Reports ( 268.5( f)( g))

TREATMENT SURFACE IMPOUNDMENT EXEMPTION PROCEDURES FOR CASE BY CASE EXTENSION Application for Extension ( 268.5( a)( c))

Renewal of Extension ( 268.5( e)) 62 EXHIBIT 7 ( cont.)

LAND DISPOSAL RESTRICTIONS ICR ESTIMATED ANNUAL AGENCY HOUR AND COST BURDEN Hours and Costs Per Respondent Per Activity Total Hours and Costs Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Number Total Total $ 65.28/ $ 46.96/ $ 32.94/ $ 20.03/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Year Year Year Year Year Year Cost Cost Activ. Year Year Inspect waste analysis plan in the facility's on site files 0.00 0.00 0.50 0.25 0.75 $ 21.48 $ 0.00 $ 0.00 19 14.25 $ 408 Receive, review, and keep records of the notification and certification submitted by the recycling facility with each shipment 0.00 0.00 0.50 0.25 0.75 $ 21.48 $ 0.00 $ 0.00 3,225 2,418.75 $ 69,273 Receive, review, and keep records of one time notification 0.00 0.00 0.25 0.25 0.50 $ 13.24 $ 0.00 $ 0.00 4 2.00 $ 53 Receive, review, and keep records of updates sent from owner/ operator 0.00 0.00 0.25 0.25 0.50 $ 13.24 $ 0.00 $ 0.00 0 0.00 $ 0 Make determination that contaminated soil does not contain hazardous waste 0.00 0.25 0.50 0.25 1.00 $ 33.22 $ 0.00 $ 0.00 1,273 1,273.00 $ 42,289 Receive, review, and file notification and certification 0.00 0.25 0.50 0.25 1.00 $ 33.22 $ 0.00 $ 0.00 185 185.00 $ 6,146 Receive, review, and keep records of update notification and certification with annual changes 0.00 0.00 0.50 0.25 0.75 $ 21.48 $ 0.00 $ 0.00 399 299.25 $ 8,571 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies Varies 4,192.25 $ 126,739 Receive, review, and keep records of the application 0.00 0.50 4.00 0.25 4.75 $ 160.25 $ 0.00 $ 0.00 4 19.00 $ 641 Approve/ deny application 0.00 0.25 1.00 0.50 1.75 $ 54.70 $ 0.00 $ 0.00 4 7.00 $ 219 Develop written approval 0.00 0.25 2.00 0.50 2.75 $ 87.64 $ 0.00 $ 0.00 4 11.00 $ 351 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies 4 37.00 $ 1,210 Receive, review, and keep records of the petition 1.00 0.50 6.00 0.25 7.75 $ 291.41 $ 0.00 $ 0.00 7 54.25 $ 2,040 Request additional information or samples if required 1.00 0.25 4.00 0.50 5.75 $ 218.80 $ 0.00 $ 0.00 7 40.25 $ 1,532 Send additional copies to the States 0.00 0.00 0.00 0.25 0.25 $ 5.01 $ 0.00 $ 0.38 7 1.75 $ 38 Issue notice and provide opportunity for comment 1.50 0.50 0.00 1.00 3.00 $ 141.43 $ 0.00 $ 0.00 7 21.00 $ 990 Approve/ deny petition and publish decision 1.00 0.50 32.00 1.00 34.50 $ 1,162.87 $ 0.00 $ 0.00 7 241.50 $ 8,140 Receive, review, and keep records of the petition 1.00 0.50 6.00 0.25 7.75 $ 291.41 $ 0.00 $ 0.00 3 23.25 $ 874 Request additional information or samples if required 1.00 0.25 4.00 0.50 5.75 $ 218.80 $ 0.00 $ 0.00 3 17.25 $ 656 Issue notice and provide opportunity for comment 1.50 0.50 0.00 1.00 3.00 $ 141.43 $ 0.00 $ 0.00 3 9.00 $ 424 Approve/ deny petition 1.00 0.50 32.00 1.00 34.50 $ 1,162.87 $ 0.00 $ 0.00 3 103.50 $ 3,489 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies Varies 511.75 $ 18,183 TOTAL Varies Varies Varies Varies Varies Varies Varies Varies Varies 4,800.45 $ 148,245 DEMONSTRATION FOR ALTERNATIVE TREATMENT TECHNOLOGY Special Rules for Characteristic Wastes ( 268.9( d))

WASTE ANALYSIS AND RECORDKEEPING Generator Waste Analysis Plan ( 268.7( a)( 5))

Hazardous Debris Requirements ( 268.7( d))

Demonstration for a Site Specific Variance ( 268.44( h)( m))

Demonstration for a Variance ( 268.44( a)( d))

Treatment Facility Notifications and Certifications ( 268.7( b)( 6))

Demonstration for Alternative Treatment Technology ( 268.42( b))

DEMONSTRATION FOR A VARIANCE FROM A TREATMENT STANDARD Contaminated Soil Requirements ( 268.7( e)) 63 EXHIBIT 8 LAND DISPOSAL RESTRICTIONS ICR TOTAL ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN SUMMARY a Total Total Annual Annual Total Hours per Labor Cost per Capital/ Startup O & M Cost per Year Year Costs Costs Year Treatment Surface Impoundment Exemption ( Exhibit 1) 14 $ 823 $ 0 $ 4 $ 827 Procedures for Case By Case Extension ( Exhibit 2) 16 $ 914 $ 0 $ 4 $ 918 Waste Analysis and Recordkeeping ( Exhibit 3) 821,873 $ 49,050,630 $ 0 $ 59,851,675 $ 108,902,305 Demonstration for Alternative Treatment Technology ( Exhibit 4) 50 $ 2,872 $ 0 $ 15 $ 2,886 Demonstration for a Variance from a Treatment Standard ( Exhibit 5) 125 $ 6,888 $ 0 $ 36 $ 6,925 Recordkeeping for Storage Prohibition ( Exhibit 6) 630 $ 34,917 $ 0 $ 0 $ 34,917 Annual Capital Costs of File Cabinets NA NA $ 31,703 NA $ 31,703 TOTAL 822,708 $ 49,097,044 $ 31,703 $ 59,851,735 $ 108,980,482 a Exhibit includes rounding.

EXHIBIT 9 LAND DISPOSAL RESTRICTIONS ICR TOTAL ESTIMATED ANNUAL AGENCY HOUR AND COST BURDEN SUMMARY Total Total Annual Annual Total Hours per Labor Cost per Capital/ Startup O & M Cost per Year Year Costs Costs Year Treatment Surface Impoundment Exemption 5 $ 174 $ 0 $ 0 $ 174 Procedures for Case By Case Extension 54 $ 1,939 $ 0 $ 0 $ 1,939 Waste Analysis and Recordkeeping 4,192 $ 126,739 $ 0 $ 0 $ 126,739 Demonstration for Alternative Treatment Technology 37 $ 1,210 $ 0 $ 0 $ 1,210 Demonstration for a Variance from a Treatment Standard 512 $ 18,180 $ 0 $ 3 $ 18,183 TOTAL 4,800 $ 148,242 $ 0 $ 3 $ 148,245 64 6( e) BOTTOM LINE HOUR AND COST BURDEN ( 1) Respondent Tally Exhibit 8 summarizes the total annual respondent hour and cost burden associated with all the requirements covered in this ICR. As shown in the exhibit, EPA estimates the annual respondent burden to be 822,708 hours and $ 108,980,482. The bottom line burden to respondents over three years is estimated to be 2,468,124 hours and $ 326,941,446.

( 2) Agency Tally Exhibit 9 summarizes the total annual Agency hour and cost burden associated with all the requirements covered in this ICR. As shown in the exhibit, EPA estimates the annual Agency burden to be 4,800 hours and $ 148,245. The bottom line burden to the Agency over three years is estimated to be 14,400 hours and $ 444,735.

6( f) REASONS FOR CHANGE IN BURDEN The previously approved LDR ICR, Number 1442.17, estimated an annual respondent hourly burden of 1,182,612. This current ICR, Number 1442.18, estimates an annual respondent hourly burden of 822,708, which is a 359,904 hour decrease from ICR Number 1442.17. Table 2 briefly describes the reasons for this change in burden.

All changes described in Table 2 resulted from changes in the size of the respondent universe and refinements to the assumptions used in the development of the ICR. All changes are considered " adjustments."

6( g) BURDEN STATEMENT ( 1) Treatment Surface Impoundment Exemption The public reporting burden associated with the treatment surface impoundment exemption at 40 CFR 268.4 is estimated to be 13 hours per respondent per year. This hourly burden includes time for developing and submitting the application and certification. The recordkeeping burden is estimated to be 1.10 hours per respondent per year. This hourly burden includes time for reading the regulations and maintaining files of the application. 65 ( 2) Procedures for Case by Case Extension The public reporting burden associated with the case by case extension at 40 CFR 268.5 is estimated to be 14.5 hours per respondent per year. This hourly burden includes time for preparing and submitting the certified application, additional information requested by EPA, and written progress reports. The recordkeeping burden is estimated to be one hour per respondent per year. This hourly burden includes time for reading the regulations. 66 Table 2 Reasons for Change in Respondent Burden Hours from ICR Number 1442.17 to ICR Number 1442.18 Changes in ICR Number 1442.18 Burden Hours in ICR Number 1442.17 Burden Hours in ICR Number 1442.18 Change in Total Annual Burden Hours in ICR Number 1442.18 Increase in the number of waste handlers applying for a case by case extension under 40 CFR 268.5 0 16 16 Decrease in the hourly burden associated with reading the regulations at 40 CFR 268.7 and 268.9 250,955 167,303 ( 83,652)

Decrease in the total number of waste handlers reading the regulations at 40 CFR 268.7 and 268.9 167,303 129,584 ( 37,719)

Decrease in the total number of generators characterizing their waste 854,631 671,804 ( 182,828)

Decrease in the number of generators developing a waste analysis plan 965 90 ( 875)

Decrease in the number of generators maintaining the waste analysis plan on site 203 185 ( 18)

Decrease in the number of generator notifications a 43,548 3,806 ( 39,742)

Decrease in the number of documents ( e. g., notifications) kept by generators a 24,418 13,589 ( 10,828)

Increase in the hourly burden associated with notifications prepared by treatment facilities 2,726 3,332 606 Decrease in the number of notifications prepared by treatment facilities a 3,332 74 ( 3,258)

Decrease in the number of notifications kept by land disposal facilities a 606 13 ( 592)

Increase in the number of initial notifications for hazardous debris 0 5 5 Decrease in the number of updated notifications for hazardous debris 4 0 ( 4)

Increase in the hourly burden associated with the preparation and recordkeeping of treatment data under 40 CFR 268.7( d) 29 78 49 Decrease in the number of records of data or information obtained during the treatment of hazardous debris 78 48 ( 30) Table 2 ( continued)

Reasons for Change in Respondent Burden Hours from ICR Number 1442.17 to ICR Number 1442.18 67 Changes in ICR Number 1442.18 Burden Hours in ICR Number 1442.17 Burden Hours in ICR Number 1442.18 Change in Total Annual Burden Hours in ICR Number 1442.18 Increase in the hourly burden associated with the preparation and recordkeeping of certification of compliance for each shipment of treated debris 86 233 147 Decrease in the number of certifications of compliance for shipments of treated debris 233 143 ( 91)

Decrease in the number of contaminated soil notifications 585 446 ( 140)

Increase in the number of initial notifications for characteristic waste 0 185 185 Decrease in the number of updated notifications for characteristic waste 645 399 ( 246)

Increase in the number of waste handlers complying with the storage prohibition requirements at 40 CFR 268.50 567 630 63 Other minor refinements b 1,000 48 ( 952)

Total Change in Burden Hours ( 359,904)

a ICR Number 1442.17 estimated the number of notices by: ( 1) estimating the number of waste streams being shipped and ( 2) assuming that 20 percent of them would change each year, requiring an updated notice. In this way, the ICR assumed that each changed waste stream would require a separate notice. EPA now believes that this calculation overestimates the number of annual notices because one notice may contain several waste streams. In ICR Number 1442.18, EPA conducted consultations to determine that a notice contains, on average, four waste streams and that only five percent of waste streams change. Hence, ICR Number 1442.18 assumes that significantly fewer notices will need to be updated because of a change in the waste stream.

b In developing ICR Number 1442.18, EPA carefully reviewed the respondent activities examined in this ICR against the LDR requirements. EPA made a few minor changes to these activities to be consistent with the requirements. Specifically, EPA removed from this ICR respondents' recordkeeping of notices and certifications sent to EPA under section 268.7( b)( 6). This activity had been included in the previously approved ICR. EPA removed this activity because section 268.7( b)( 6) does not explicitly require the recordkeeping of such notices and certifications. EPA also added a recordkeeping activity under 40 CFR 268.7( d)( 3)( i). The previous ICR had implicitly addressed this requirement. However, EPA added an explicit recordkeeping activity in this ICR for clarification. 68 ( 3) Waste Analysis and Recordkeeping ( a) Generator Waste Analysis and Recordkeeping There is no public reporting burden associated with the requirements at 40 CFR 268.7( a)( 1). The public recordkeeping burden is estimated to range from 1.5 hours to 21 hours per respondent per year. These hourly burden includes time for reading the regulations and making LDR waste determinations.

The public reporting burden associated with the requirements at 40 CFR 268.7( a)( 2)( 4) is estimated to average 30 minutes per respondent per year. This hourly burden includes time for completing and transmitting the one time notification for waste streams sent to treatment facilities. Generator waste streams that meet the LDRs ( subject to section 268.7( a)( 3)) are captured under section 268.7( b)( 3)( 4). There is no public recordkeeping burden associated with this section of the regulations.

There is no public reporting burden associated with the requirements at 40 CFR 268.7( a)( 5). The public recordkeeping burden is estimated to range from about 10 minutes to five hours per respondent per year. This hourly burden includes time for developing, following, and maintaining the waste analysis plan on site.

There is no public reporting burden associated with the requirements at 40 CFR 268.7( a)( 6)( 8). The public recordkeeping burden is estimated to average 10 minutes per respondent per year. This hourly burden includes time for keeping records of all supporting data used to make an LDR determination, notifications for waste that is excluded from the definition of hazardous or solid waste, and notifications for waste streams sent to treatment facilities.

The public reporting burden associated with the requirements at 40 CFR 268.7( a)( 9)( 10) is estimated to average about 20 minutes per respondent per year. This hourly burden includes time for submittal of notifications and certifications for lab pack waste. There is no public recordkeeping burden associated with the requirements under these sections of the regulations.

( b) Treatment Facility Waste Analysis and Recordkeeping The public reporting burden associated with the requirements at 40 CFR 268.7( b)( 3)( 6) is estimated to range from about 30 minutes to 34 hours per respondent per year. This hourly burden includes time for completing and transmitting the notifications and certifications to land disposal facilities or EPA. The recordkeeping burden is estimated to average one hour per respondent per year. This hourly burden includes time for reading the regulations and keeping records of entities receiving hazardous waste derived products. 69 ( c) Land Disposal Facility Waste Analysis and Recordkeeping There is no public reporting burden associated with the requirements at 40 CFR 268.7( c)( 1). The recordkeeping burden is estimated to average about one hour per respondent per year. This hourly burden includes time for reading the regulations and keeping copies of notices and certifications.

( d) Hazardous Debris Requirements The public reporting burden associated withe the requirements at 40 CFR 268.7( d) is estimated to average 1.25 hours per respondent per year. This hourly burden includes time for preparing and submitting one time notifications. The public recordkeeping burden is estimated to average 5.4 hours per respondent per year. This hourly burden includes time for keeping records of all inspections, evaluations, and analyses of treated debris; data or information obtained during treatment; and certifications of compliance for shipments of treated debris.

( e) Contaminated Soil Requirements There is no public reporting burden associated with the requirements at 40 CFR 268.7( e). The public recordkeeping burden is estimated to be about 20 minutes per respondent per year. This hourly burden includes time for preparing and maintaining documentation concerning contaminated soil.

( f) Special Rules for Characteristic Wastes The public reporting burden associated with the requirements at 40 CFR 268.9( d) is estimated to average about one hour per respondent per year. This hourly burden includes time for preparing and submitting the notification and updating it, if needed. The public recordkeeping burden is estimated to average about six minutes per respondent per year. This hourly burden includes time for maintaining notifications and certifications on site.

( 4) Demonstration for Alternative Treatment Technology The public reporting burden associated with the requirements at 40 CFR 268.42 is estimated to be 11 hours per respondent per year. This hourly burden includes time for developing and submitting the application. The public recordkeeping burden is estimated to be 1.5 hours per respondent per year. This hourly burden includes time for reading the regulations. 70 ( 5) Demonstration for a Variance from a Treatment Standard The public reporting burden associated with the requirements at 40 CFR 268.44 is estimated to be 11 hours per respondent per year. This hourly burden includes time for developing and submitting the application and providing additional information if necessary. The public recordkeeping burden is estimated to be 1.5 hours per respondent per year. This hourly burden includes time for reading the regulations.

( 6) Recordkeeping for Storage Prohibition There is no public reporting burden associated with the requirements at 40 CFR 268.50. The public recordkeeping burden is estimated to be 4.5 hours respondent per year. This hourly burden includes time for reading the regulations and developing and keeping records on site.

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.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. RCRA 2003 0020, which is available for public viewing at the RCRA Docket 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 RCRA Docket is ( 202) 566 0270. 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. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( RCRA 2003 0020).


Comment Info: =================

General Comment:This document concerns pages 882 through 1078 of BMI France response to an information collection request.


[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30875-30877]
[FR Doc No: 2018-14166]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0604]
RIN 1625-AA00

Safety Zone; Atlantic Intracoastal Waterway, Surf City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of the Atlantic Intracoastal Waterway near Surf
City, North Carolina, in support of a fireworks display on July 3,
2018. This temporary safety zone is intended to restrict vessel traffic
from a portion of the Atlantic Intracoastal Waterway during the Surf
City fireworks display to protect the life and property of the maritime
public and spectators from the hazards posed by aerial fireworks
displays. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port (COTP) North
Carolina or a designated representative.

DATES: This rule is effective from 8:45 p.m. through 9:45 p.m. on July
3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0604 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Matthew Tyson, Waterways Management
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. The publishing of an NPRM would be impracticable
and contrary to the public interest since a final rule needs to be in
place by July 3, 2018, to minimize potential danger to the participants
and the public during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this event on July 3, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port North Carolina (COTP) has determined that
potential hazards associated with the Surf City fireworks display on
July 3, 2018, is a safety concern for maritime spectators during the
launch of fireworks on the Atlantic Intracoastal Waterway near Surf
City, North Carolina. This rule is necessary to protect persons and
vessels from the potential hazards associated with the aerial fireworks
display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:45 p.m. until 9:45 p.m.
on July 3, 2018. The safety zone will include all navigable waters
within a 100 yard radius of the fireworks launch location at
approximate position: Latitude 34[deg]25'46'' N, longitude
077[deg]33'01'' W, on the Atlantic Intracoastal Waterway near Surf
City, North Carolina. This safety zone is being established for the
safety of the maritime spectators observing the fireworks display. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. All
vessels within this safety zone when this section becomes effective
must depart the zone immediately. To request permission to remain in,
enter, or transit through the safety zone, vessels should contact the
COTP or a designated representative of the COTP through the Coast Guard
Sector North Carolina Command Duty Officer, Wilmington, North Carolina,
at telephone number<PHONE_NUMBER>, or on VHF-FM marine band radio
channel 13 (165.65 MHz) or channel 16 (156.8 MHz).

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not

been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, this rule has not been reviewed by the Office
of Management and Budget (OMB), and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The one-hour regulation
enforcement period should not overly burden vessel traffic based on the
short duration of the period. This safety zone will only impact a small
designated area of the Atlantic Intracoastal Waterway near Surf City,
NC. Additionally, the rule allows vessels to seek permission to enter
the zone. The Coast Guard will issue a Broadcast Notice to Mariners to
notify vessels in the region of the establishment of this regulation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While the precise number of small entities impacted is unknown, it
is expected that the number of vessels in this portion of the Atlantic
Intracoastal Waterway during the event will be low. For the reasons
stated in section V.A. above, this rule will not have a significant
economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting one hour that will prohibit entry into a portion
of the Atlantic Intracoastal Waterway near Surf City, NC. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0604 to read as follows:

Sec.  165.T05-0604   Safety Zone, Atlantic Intracoastal Waterway, Surf
City, NC.

    (a) Location. The following area is a safety zone: All navigable
waters within a 100 yard radius of the fireworks launch location at
approximate position: Latitude 34[deg]25'46'' N, longitude
077[deg]33'01'' W, on the Atlantic Intracoastal Waterway near Surf
City, North Carolina.
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned,

warrant, or petty officer designated by the Captain of the Port North
Carolina (COTP) for the enforcement of the safety zone.
    (c) Regulations. (1) The general regulations governing safety zones
in subpart C of this part apply to the area described in paragraph (a)
of this section.
    (2) Entry into or remaining in this safety zone is prohibited
unless authorized by the COTP North Carolina or the COTP North
Carolina's designated representative.
    (3) All vessels within this safety zone when this section becomes
effective must depart the zone immediately.
    (4) To request permission to remain in, enter, or transit through
the safety zone, contact the COTP North Carolina or the COTP North
Carolina's representative through the Coast Guard Sector North Carolina
Command Duty Officer, Wilmington, North Carolina, at telephone number
910-343-3882, or on VHF-FM marine band radio channel 13 (165.65 MHz) or
channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.

    Dated: June 25, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-14166 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Pages 31306-31307]
[FR Doc No: 2021-12255]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC21-99-000.
    Applicants: Panda Stonewall LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Panda Stonewall LLC.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5146.
    Comments Due: 5 p.m. ET 6/24/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3115-006; ER10-3115-007.
    Applicants: Waterside Power, LLC.
    Description: Fifth Supplement to April 20, 2020 Triennial Market
Power Update for the Northeast Region of Waterside Power, LLC and Third
Supplement to June 30, 2020 Updated Market Power Analysis of Waterside
Power, LLC.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5160.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER10-3117-008.
    Applicants: Lea Power Partners, LLC.
    Description: Fifth Supplement to April 20, 2020 Triennial Market
Power Update for the Southwest Power Pool Region of Lea Power Partners,
LLC.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5159.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER11-4060-009; ER11-4061-009; ER13-445-009; ER14-
2823-007; ER15-1170-005; ER15-1171-005; ER15-1172-005; ER15-1173-005.
    Applicants: Badger Creek Limited, Bear Mountain Limited, Chalk
Cliff Limited, Double C Generation Limited Partnership, High Sierra
Limited, Kern Front Limited, Live Oak Limited, McKittrick Limited.
    Description: Fourth Supplement to April 20, 2020 Triennial Market
Power Update for the Southwest Power Pool Region of Badger Creek
Limited, et al.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5164.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER19-2462-004; ER10-2630-003; ER16-1914-003; ER18-
2264-007.
    Applicants: Macquarie Energy LLC, Macquarie Energy Trading LLC, NGP
Blue Mountain I LLC, Patua Acquisition Company, LLC.
    Description: Macquarie Energy LLC, et. al. submits Response Letter
Regarding Public Release of Confidential Information.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5166.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER21-1988-000; ER21-1988-001.
    Applicants: SP Garland Solar Storage, LLC.
    Description: SP Garland Solar Storage, LLC submits Amendment to
Application for Market Based Rate Authority.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5162.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER21-1989-000; ER21-1989-001.
    Applicants: SP Tranquillity Solar Storage, LLC.
    Description: SP Tranquility Solar Storage, LLC submits Amendment to
Application for Market Based Rate Authority.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5165.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER21-1988-002.
    Applicants: SP Garland Solar Storage, LLC.
    Description: Tariff Amendment: Additional Amendment of MBR
Authority Application and Baseline Tariff Filing to be effective 5/31/
2021.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5001.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-1989-002.
    Applicants: SP Tranquillity Solar Storage, LLC.
    Description: Tariff Amendment: Additional Amendment of MBR
Authority Application and Baseline Tariff Filing to be effective 5/31/
2021.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5000.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2074-000.
    Applicants: Tucson Electric Power Company.
    Description: Tariff Cancellation: Cancellation of Service Agreement
No. 322 to be effective 5/1/2021.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5137.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER21-2075-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2021-06-03 PSC-TSGT-WAPA-
PRPA-Boundary Meter-595-0.0.0 to be effective 8/1/2021.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5147.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER21-2076-000.
    Applicants: Bulb US LLC.
    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 7/1/2021.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5152.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER21-2077-000.
    Applicants: Bulb Energy US Inc.

    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 7/1/2021.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5154.
    Comments Due: 5 p.m. ET 6/24/21.

    Docket Numbers: ER21-2078-000.
    Applicants: ITC Midwest LLC, Interstate Power and Light Company.
    Description: Sec.  205(d) Rate Filing: Update to O&T Agreement
Exhibits and Appendices (2021) to be effective 8/3/2021.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5026.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2079-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OATT and OA re:
TLR Buy-Through Option to be effective 8/5/2021.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5045.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2080-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Concurrence IPL Amended
Exhibits and Attachments (2021) to be effective 8/4/2021.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5103.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2081-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to Service
Agreement No. 3644; Queue Position Y2-018 (amend) to be effective 9/5/
2014.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5129.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2082-000.
    Applicants: Citizens S-Line Transmission LLC.
    Description: Baseline eTariff Filing: Initial TO Tariff and
Transmission Revenue Requirement Filing to be effective 12/31/9998.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5151.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2082-000.
    Applicants: Citizens S-Line Transmission LLC.
    Description: Baseline eTariff Filing: Initial TO Tariff and
Transmission Revenue Requirement Filing to be effective 12/31/9998.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5152.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2083-000.
    Applicants: Duke Energy Indiana, LLC.
    Description: Sec.  205(d) Rate Filing: DEI--Ameren Reimbursement
Agreement RS No. 273 to be effective 6/5/2021.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5153.
    Comments Due: 5 p.m. ET 6/25/21.

    Docket Numbers: ER21-2084-000.
    Applicants: Coso Geothermal Power Holdings, LLC.
    Description: Initial rate filing: Coso CoTenancy and Shared
Facilities Agreement to be effective 6/4/2021.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5156.
    Comments Due: 5 p.m. ET 6/25/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 4, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-12255 Filed 6-10-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13463-13464]
[FR Doc No: 2015-05750]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2003-16203]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 9, 2015, Norfolk Southern Railway (NS) has petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR parts 215, Railroad Freight Car Safety Standards, 231,
Railroad Safety Appliance Standards, and 232, Brake System Safety
Standards for Freight and Other Non-Passenger Trains and Equipment;
End-of-Train Devices, regarding the operation of RoadRailer/RailRunner
equipment on NS in Triple Crown Service. FRA assigned the petition
Docket Number FRA-2003-16203.
    In its petition, NS requested a 5-year extension of an existing
waiver granted by FRA in a letter dated June 4, 2010. NS had no
accidents or injuries in the past 5 years of operating the RoadRailer/
RailRunner equipment on its lines, and has requested relief from
certain provisions of Parts 215, 231, and 232.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue, SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 27, 2015 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC, on March 10, 2015.
Ron Hynes,
Director of Technical Oversight.
[FR Doc. 2015-05750 Filed 3-12-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43909-43911]
[FR Doc No: 2021-17025]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0652; Project Identifier MCAI-2020-00271-R;
Amendment 39-21683; AD 2021-16-20]
RIN 2120-AA64

Airworthiness Directives; PZL Swidnik S.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain PZL Swidnik S.A. Model PZL W-3A helicopters. This AD requires
visually inspecting the bonding on a certain part-numbered fairing
installed on a certain part-numbered vibration absorber, improving the
bonding if necessary, using improved installation procedures to secure
the fairing to the vibration absorber, and removing certain parts from
service. This AD also prohibits installing the affected part unless it
is inspected and installed per the AD requirements. This AD was
prompted by a report of a broken bolt securing the fairing to the
vibration absorber that resulted from an incorrect torque value for the
nut used to secure the fairing to the vibration absorber. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective August 26, 2021. The FAA must receive
comments on this AD by October 12, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact WSK
``PZL-[Sacute]widnik'' S.A., Al. Lotnik[oacute]w Polskich 1, 21-045
[Sacute]widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722
5625; email<EMAIL_ADDRESS>or at https://www.pzlswidnik.pl/en/home. You may view this service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0652; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the European
Union Aviation Safety Agency (EASA) AD, any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0038, dated February 27, 2020
(EASA AD 2020-0038), to correct an unsafe condition for all serial-
numbered Wytw[oacute]rnia Sprz[eogon]tu Komunikacyjnego (WSK) ``PZL-
[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna (S.A.) Model PZL W-3A and
PZL W-3AS helicopters. EASA AD 2020-0038 advises that a bolt part
number (P/N) 3003A-6-16-3 was found broken on fairing P/N
<IP_ADDRESS>.03 installed on vibration absorber P/N <IP_ADDRESS>.04.
EASA states further investigations identified that the maintenance
instructions detailing how to secure the affected parts did not include
the torque value information to tighten the castellated nut P/N 3336A-
6. EASA further states that this condition, if not corrected, could
lead to detachment of the affected part from the helicopter and its
subsequent contact with helicopter stationary or rotary parts, possibly
resulting in damage to, and consequent reduced control of, the
helicopter.
    Accordingly, EASA AD 2020-0038 requires the use of improved
installation instructions to secure the affected fairing to the
vibration absorber.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all known relevant information and determining that the
unsafe condition described previously is likely to exist or develop on
other helicopters of the same type design.

Related Service Information

    The FAA reviewed WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO
``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Alert Service
Bulletin No. ASB-37-19-307, dated January 27, 2020. This service
information specifies checking (inspecting) the bonding between the
fairing and vibration absorber star for any nonconformity and improving
the bonding if necessary. This service information also specifies the
specific torque to be used to tighten the castellated nuts during
installation of the fairing onto the vibration absorber.

AD Requirements

    This AD requires, within 300 hours time-in-service after the
effective date of this AD, removing from service each bolt P/N 3003A-6-
16-3, washer P/N 3402A-1, and castellated nut P/N 3336A-6 that secure
fairing P/N <IP_ADDRESS>.03 to vibration absorber P/N <IP_ADDRESS>.04,
and inspecting the bonding between the fairing and vibration absorber
to determine if there is any anodic coating. If there is anodic
coating, this AD requires polishing the

surface of the fairing where the washers make contact, burnishing the
affected area using abrasive paper, and washing the surface with a
cleaning solution. This AD then requires installing a new bolt, new
washer, and new nut to connect the fairing to the vibration absorber.
Additionally, this AD requires using a specified torque, torqueing each
nut, locking each nut with a cotter pin, and if the specified torque
cannot be accomplished, removing the washer and nut from service,
installing airworthy parts, and reapplying torque. Finally, this AD
prohibits installing an affected fairing or vibration absorber unless
they meet the inspection and installation requirements of this AD.

Differences Between This AD and the EASA AD

    EASA AD 2020-0038 applies to all serial-numbered Model PZL W-3A and
PZL W-3AS helicopters, whereas this AD only applies to Model PZL W-3A
helicopters with fairing part number (P/N) <IP_ADDRESS>.03 installed on
vibration absorber P/N <IP_ADDRESS>.04 installed. This AD does not
apply to Model PZL W-3AS helicopters because that model is not FAA
type-certificated.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are no helicopters with this type certificate on the U.S.
Registry. Accordingly, notice and opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for
the foregoing reasons, the FAA finds that good cause exists pursuant to
5 U.S.C. 553(d) for making this amendment effective in less than 30
days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0652; Project Identifier MCAI-
2020-00271-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Kristi
Bradley, Program Manager, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no
helicopters with this type certificate on the U.S. Registry.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national Government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-16-20 PZL Swidnik S.A.: Amendment 39-21683; Docket No. FAA-
2021-0652; Project Identifier MCAI-2020-00271-R.

(a) Effective Date

    This airworthiness directive (AD) is effective August 26, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to PZL Swidnik S.A. Model PZL W-3A helicopters,
certificated in any category, with fairing part number (P/N)
<IP_ADDRESS>.03 installed on vibration absorber P/N <IP_ADDRESS>.04
installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor
System.

(e) Unsafe Condition

    This AD defines the unsafe condition as improper torque of a
bolt securing the fairing to the vibration absorber due to lack of
information regarding torque value for the nut. This condition could
result in detachment of the fairing, causing damage to the main and
tail rotor, and subsequent reduced control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Within 300 hours time in service after the effective date of
this AD:
    (1) Remove from service each bolt P/N 3003A-6-16-3, washer P/N
3402A-1, and castellated nut P/N 3336A-6 that secure the fairing to
the vibration absorber.
    (2) Visually inspect the bonding between the fairing and the
vibration absorber for anodic coating. If there is any anodic
coating, before further flight,
    (i) Polish the surface of the fairing and vibration absorber in
all areas where washers make contact to remove all anodic coating.
    (ii) Using 180-220 grit abrasive paper, burnish the surface to
improve bonding.
    (iii) Wash the surface with extraction naphtha, or equivalent
cleaning solution.
    (3) Insert a new bolt P/N 3003A-6-16-3 and a new washer P/N
3402A-1 into each hole connecting the fairing to the vibration
absorber.
    (4) At the vibration absorber star side, install a new washer P/
N 3402A-1, and a new castellated nut P/N 3336A-6 onto each bolt.
Torque each castellated nut to 5.4  1.0 Nm (0.55  0.10 kGm) and lock each castellated nut with a cotter pin. If
the specified torque range cannot be accomplished, remove the
washer, bolt, and nut from service, replace these parts with
airworthy parts, and reapply torque.
    (5) As of the effective date of this AD, do not install
vibration absorber P/N <IP_ADDRESS>.04 with a fairing P/N
<IP_ADDRESS>.03 on any helicopter unless they are inspected as
required by paragraph (g)(2) of this AD and installed as required by
paragraphs (g)(3) and (4) of this AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO ``PZL-
[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Alert Service Bulletin
No. ASB-37-19-307, dated January 27, 2020, which is not incorporated
by reference, contains additional information about the subject of
this AD. For service information identified in this AD, contact WSK
``PZL-[Sacute]widnik'' S.A., Al. Lotnik[oacute]w Polskich 1, 21-045
[Sacute]widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722
5625; email<EMAIL_ADDRESS>or at
https://www.pzlswidnik.pl/en/home.
    (3) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2020-0038, dated February 27, 2020.
You may view EASA AD 2020-0038 at https://www.regulations.gov in
Docket No. FAA-2021-0652.

(j) Incorporation by Reference

    None.

    Issued on July 30, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-17025 Filed 8-10-21; 8:45 am]
BILLING CODE 4910-13-P