[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7774-7776]
[FR Doc No: 2022-02714]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0092; Project Identifier MCAI-2020-01428-A]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Pilatus Aircraft Ltd. (Pilatus) Model PC-12/47E airplanes.
This proposed AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as a batch of
incorrectly sized fuel transfer ejector nozzles that were installed on
Model PC-12/47E airplanes during production. This proposed AD would
require removing the affected fuel transfer ejectors from service and
prohibiting installation of the affected fuel transfer ejectors. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by March 28,
2022.

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 NPRM, contact Pilatus
Aircraft Ltd., CH-6371, Stans, Switzerland; phone: +41 848 24 7 365;
email: aircraft.com">[email protected]aircraft.com; website: https://www.pilatus-aircraft.com/. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. 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-2022-0092; 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 NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, FAA, General Aviation & Rotorcraft Section, International
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone:
(816) 329-4059; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2022-0092;
Project Identifier MCAI-2020-01428-A'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, 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 NPRM 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301, Kansas
City, MO 64106. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2020-0229, dated October 20, 2020 (referred to after this as
``the MCAI''), to correct an unsafe condition on Pilatus Model PC-12/
47E airplanes with serial

number 2001 and larger. The MCAI states:

    An occurrence was reported where, on the production line, a
batch of fuel transfer ejectors with an incorrect (too small) nozzle
diameter were installed on some PC-12/47E aeroplanes. Such fuel
transfer ejectors are not in compliance with the latest approved
design data.
    This condition, if not corrected, could result in a restriction
of the motive fuel flow due to ice accumulation, possibly resulting
in a reduction of safety margins in the fuel system.
    To address this potential unsafe condition, Pilatus issued the
SB [Service Bulletin] to provide replacement instructions.
    For the reason described above, this [EASA] AD requires
replacement of the affected parts with serviceable parts, as defined
in the [EASA] AD. This [EASA] AD also prohibits (re-)installation of
affected parts.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0092.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pilatus PC-12 Service Bulletin No. 28-014, dated
August 12, 2020. This service information contains the serial numbers
of the affected fuel transfer ejectors and specifies procedures for
replacing the affected fuel transfer ejectors. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the agency of the unsafe condition described in the
MCAI and service information referenced above. The FAA is issuing this
NPRM after determining that the unsafe condition described previously
is likely to exist or develop on other products of the same type
design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit installation of any affected fuel transfer ejector on any
airplane.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 10 airplanes of U.S. Registry. Although there are 54 affected
fuel transfer ejectors worldwide, the FAA has no way of knowing how
many affected parts may be installed on airplanes of U.S. Registry. The
estimated cost on U.S. operators reflects the maximum possible cost
based on the 10 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost       airplane        operators
----------------------------------------------------------------------------------------------------------------
Replace an affected fuel transfer       5.5 work-hours x $85 per          $2,109       $2,576.50         $25,765
 ejector.                                hour = $467.50.
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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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:

Pilatus Aircraft Ltd.: Docket No. FAA-2022-0092; Project Identifier
MCAI-2020-01428-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by March 28, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-12/47E
airplanes, serial numbers 2001 and larger, certificated in any
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2800, Aircraft
Fuel System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as a batch of
incorrectly sized fuel transfer ejector nozzles that were installed
on Model PC-12/47E airplanes during production. The FAA is issuing
this AD to correct the installation of

incorrectly sized fuel transfer ejectors nozzles. If not addressed,
this unsafe condition could result in a restriction of motive fuel
flow due to ice accumulation and lead to a reduction of safety
margins in the fuel system with consequent loss of control of the
airplane.

(f) Compliance

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

(g) Definitions

    (1) For purposes of this AD, an ``affected fuel transfer
ejector'' is a fuel transfer ejector part number (P/N) 9<IP_ADDRESS>
with a serial number listed in the table on page 1 in section 1.C.
of Pilatus PC-12 Service Bulletin No. 28-014, dated August 12, 2020
(Pilatus SB 28-014).
    (2) For purposes of this AD, a ``Group 1 airplane'' is an
airplane with an affected fuel transfer ejector installed.
    (3) For purposes of this AD, a ``Group 2 airplane'' is an
airplane without an affected fuel transfer ejector installed.

(h) Required Actions

    For Group 1 airplanes: Within 4 months after the effective date
of this AD, remove each fuel transfer ejector from service and
install a serviceable part in accordance with Paragraph 3.B.(1) of
the Accomplishment Instructions in Pilatus SB 28-014.

(i) Parts Installation Prohibition

    As of the applicable time specified in paragraph (i)(1) or
(i)(2) of this AD, do not install an affected fuel transfer ejector
on any airplane.
    (1) For Group 1 airplanes: After replacing the fuel transfer
ejector as required by paragraph (h) of this AD.
    (2) For Group 2 airplanes: As of the effective date of this AD.

(j) 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 (k)(1) of
this AD and email to: [email protected].
    (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.

(k) Related Information

    (1) For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301,
Kansas City, MO 64106; phone:<PHONE_NUMBER>; email:
[email protected].
    (2) Refer to MCAI European Union Aviation Safety Agency (EASA)
AD 2020-0229, dated October 20, 2020, for related information. You
may examine the EASA at https://www.regulations.gov by searching for
and locating Docket No. FAA-2022-0092.
    (3) For service information related to this AD, contact Pilatus
Aircraft Ltd., Customer Support General Aviation, CH-6371 Stans,
Switzerland; phone: +41 848 24 7 365; email: aircraft.com">[email protected]aircraft.com; website: https://www.pilatus-aircraft.com. You may
review this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, MO 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    Issued on February 2, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02714 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


United States Environmental Protection Agency

EPA
EPA
Office of Air and RadiationOffice of Air Quality Planning and Standards
Air Quality Policy Division
Geographic Strategies Group

August, 2003

                        INFORMATION COLLECTION REQUEST
                           SUPPORTING STATEMENT FOR
                            EPA ICR NUMBER 2540.03,
                    ICR FOR THE REGIONAL HAZE REGULATIONS

EPA # 2540.03
EPA # 2540.03
EPA # 1230.16

Executive Summary
Executive Summary
Draft 05/01/06
Draft 05/01/06
This ICR, EPA 2540.03, addresses the reporting and recordkeeping requirements under the Regional Haze Regulations.  This ICR replaces the previously existing ICR (EPA 2540.02).

The burden in this ICR reflects changes in the activities conducted due to the normal progression of the program and the fact that the states will be shifting their primary focus to development of periodic comprehensive SIP revisions due in 2021 under EPA rule requirements.

Table E-1 Estimated State Respondent Burden to Implement Requirements
Task Element
                                    States

Average Annual Hours
Average Annual Cost ($)
Total Burden by Respondent
38,255
2,050,007

1.1	Title
1.1	Title
                         EPA TRACKING NUMBER: 2540.03

                              OMB Control NUMBER:
                                   2060-0704
                         EPA TRACKING NUMBER: 2540.03

                              OMB Control NUMBER:
                                   2060-0704
1	Identification of the Information Collection
1	Identification of the Information Collection
This document fulfills the Agency's requirements under the Paperwork Reduction Act (PRA) with regards to determining the regulatory burden associated with the implementation of the regional haze program (40 CFR 51.308) and requirements related to the Grand Canyon Visibility Transport Commission (40 CFR 51.309). It has been assigned EPA tracking number 2540.03. The title of this Information Collection Request (ICR) is "1.2	Description
1.2	Description
ICR for the Regional Haze Regulations."

Subpart P of 40 CFR 51, Protection of Visibility, also known as the regional haze rule, is the subject of this clearance request. In the next three years, activities conducted by the states, Federal Land Managers (FLMs), and the EPA will focus on reviewing and taking action on SIP revisions for regional haze. 40 CFR 51.308(f) requires states to develop regional haze implementation plan revisions evaluating and reassessing reasonable progress goals, calculations of baseline and natural visibility conditions, the long-term strategy, the monitoring strategy and other implementation plan requirements. There are similar reporting requirements under 40 CFR 51.309, a section of the regional haze rule in which three states (Utah, Wyoming, and New Mexico) elected to submit their SIPs. Under section 309, these states adopted regional haze strategies for the period from 2003 to 2018 for sulfur dioxide emissions. These strategies are based on recommendations from the Grand Canyon Visibility Transport Commission (GCVTC) for protecting the 16 Class I areas in the Colorado Plateau area. 40 CFR 51.308(g) requires states to develop periodic reports evaluating progress towards the reasonable progress goals for improving visibility in Class I areas inside the state and in neighboring states, and 40 CFR 51.309(d)(10) requires similar actions on the part of the 3 states that submitted regional haze SIPs under 40 CFR 51.309. Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025.

Under the 2017 regional haze rule, states are required to set periodic goals for improving visibility in the 156 Mandatory Class I Federal Areas. As states work to reach these goals, they must develop regional haze implementation plans that contain enforceable measures and strategies for reducing visibility-impairing pollution. States were required to develop their initial implementation plans by December 2007. Periodic comprehensive revisions to implementation plans are due July 31, 2021, July 31, 2028, and every 10 years thereafter.

The primary focus for estimating burden for this 3-year period (2020  -  2023) will apply to the next program milestone which are the periodic comprehensive SIP revisions due in July 2021 (see 40 CFR 51.308(f)) for all states, including those covered under 40 CFR 51.309.

2.1	Need / Authority for the Collection
2.1	Need / Authority for the Collection
2	Need and Use of the Collection
2	Need and Use of the Collection
Section 169A of the Clean Air Act (CAA) sets forth a national goal for visibility. The goal is the "prevention of any future, and the remedying of any existing, impairment in visibility in mandatory Class I Federal areas which impairment results from man-made air pollution." This section of the CAA also calls for EPA regulations to assure that states provide for reasonable progress toward meeting the national goal. The original regulations on protection of visibility in mandatory Class I Federal areas, developed in 1980, addressed visibility that is "reasonably attributable" to a single source or small group of sources. Actions under those regulationsare triggered by a FLM. The regional haze rule, promulgated in 1999, added new sections to the code of federal environmental regulations. These included sections 40 CFR 51.308 and 40 CFR 51.309. This ICR renewal request provides for continued implementation of the regional haze rule. During this clearance period, we anticipate that the requirements under 40 CFR 51.308(f) will be the major program focus.

2.2	Practical Utility / Users of the Data
2.2	Practical Utility / Users of the Data
The data collected from respondents include revised state implementation plans. These data provide the foundation for the establishment of the reasonable progress goals and control strategies.
2.3	Caveats and Considerations
2.3	Caveats and Considerations
The information in this ICR is based upon the best data available to the Agency at this time. However, incomplete data and sampling limitations imposed necessitated a certain amount of extrapolation and "best-guess" estimates. Consequently, the reader should not consider the conclusions to be an exact representation of the level of burden or cost that will occur. Instead, this ICR should be considered a directionally correct assessment of the impact the regional haze rule may have over the next 3 years.
Throughout this ICR, the reader will observe estimated values that show accuracy to the single hour or dollar. However, reporting values at the single unit level can be misleading. In most situations, the proper way to present estimated data would be to determine an appropriate level of precision and truncate values accordingly, usually in terms of thousands or millions of units. For instance, a spreadsheet generated estimation of $5,456,295 could be presented in the text as $5.5 (millions) or $5,456 (thousands). One problem with such an approach is the loss of data richness when the report contains a mixture of very large and very small numbers. Consequently, to avoid the loss of information through rounding, this ICR reports all values at the single unit level and reminds the reader that there is no implied precision inherent in this style of reporting.
3.1	Non-Duplication
3.1	Non-Duplication
This information collection renewal request is related to provisions in 40 CFR 51.308 (f) which require periodic comprehensive SIP revisions. In addition to the periodic comprehensive SIP revisions due July 31, 2021 each state must submit a progress report evaluating whether improvement in visibility is made towards the reasonable progress goal for each mandatory Class 1 Federal area located within the state and in each mandatory Class 1 Federal area located outside the state which may be affected by emissions from within the state. For most states, first progress reports are due 5 years from the submittal of the initial regional haze plan. The periodic comprehensive SIP revisions and progress reports required by the regional haze rule are unique and do not duplicate other implementation plan requirements. Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025.

3	Non-Duplication, Consultation, and Other Collection Criteria
3	Non-Duplication, Consultation, and Other Collection Criteria
3.2	Public Notice Requirements
3.2	Public Notice Requirements
The EPA will issue a Federal Register notice requesting comments on the proposed rule ICR and provide a 30-day public notice and comment period.

3.3	Consultations
3.3	Consultations
The EPA will be consulting with the EPA regional offices and/or state air agencies for comment, review, and suggestions on this ICR renewal. Details on these points of contact and any comments or suggestions will be provided in the final version of this ICR.3.4	Less Frequent
	Collection
3.4	Less Frequent
	Collection
The information collection requested under this ICR is necessary to ensure implementation of the 40 CFR 51.308 and 40 CFR 51.309 requirements.
3.5	General
	Guidelines
3.5	General
	Guidelines
OMB's general guidelines for information collections must be adhered to by all federal agencies for approval of any rulemaking's collection methodology. In accordance with the requirements of 5 CFR 1320.5, the Agency believes:

 With the exception of the progress reports due in 2025, which are no longer required to be SIP revisions, the regional haze regulations do not require periodic reporting more frequently than every 5 years.
 The regional haze regulations do not require respondents to participate in any statistical survey.
 Written responses to Agency inquiries are not required to be submitted in less than 30 days.
 Respondents do not receive remuneration for the preparation of reports required by the Act or part 51.
 To the greatest extent possible, the Agency has taken advantage of automated methods of reporting.

The recordkeeping and reporting requirements contained in the regional haze program do not exceed any of the Paperwork Reduction Act guidelines contained in 5 CFR 1320.5, except for the guideline which limits retention of records by respondents to 3 years. The Act requires both respondents and state or local agencies to retain records for a period of 5 years. The justification for this exception is found in 28 U.S.C. 2462, which specifies 5 years as the general statute of limitations for federal claims in response to violations by regulated entities. The decision in U.S. v. Conoco, Inc., No. 83-1916-E (W.D. Okla., January 23, 1984) found that the 5-year general statute of limitations applied to the CAA.
3.6	Confidentiality
3.6	Confidentiality
Confidentiality is not an issue for this rulemaking. In accordance with the Clean Air Act Amendments of 1990, any monitoring information to be submitted by sources is a matter of public record. To the extent that the information required is proprietary, confidential, or of a nature that could impair the ability of the source to maintain its market position, that information is collected and handled subject to the requirements of §503(e) and §114(c) of the Act. Information received and identified by owners or operators as confidential business information (CBI) and approved as CBI by EPA, in accordance with Title 40, Chapter 1, Part 2, Subpart B, shall be maintained appropriately (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

3.7	Sensitive
	Questions
3.7	Sensitive
	Questions
The consideration of sensitive questions, (i.e., sexual, religious, personal or other private matters), is not applicable to this rulemaking. The information gathered to develop an implementation plan does not include personal data on any owner or operator.
3.8	Environmental Justice Considerations
3.8	Environmental Justice Considerations
Because the regional haze program operates nationwide and across numerous industry classifications, the Agency does not believe there are disproportionate environmental justice impacts in implementing in the regional haze program.  4.1	Respondents
4.1	Respondents
4	The Respondents and the Information Requested
4	The Respondents and the Information Requested
The major categories of respondents directly affected during this ICR period of 2020 through 2023 include the states. The states are developing periodic comprehensive SIP revisions under 40 CFR 51.308(f).
4.2	Information
	Requested
4.2	Information
	Requested
The information required under this ICR renewal provides for a continuation of the process initiated with previous ICRs for the regional haze rule. In this stage of the process, the states are mainly focusing on revising their SIPs and submitting periodic comprehensive SIP revisions by July 31, 2021, which falls inside this ICR period. Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025.
The information that is requested under this renewal period under the regional haze rule requirements includes:

Requirements for Periodic Reports Describing Progress towards the Reasonable Progress Goals

 Description of status of control measures
 Summary of emission reductions
 Calculation of visibility conditions and changes
 Calculation of 5-year progress
 Assessment of contributing emissions
 Assessment of reasonable progress goals
 Review monitoring strategy and note changes
 Submit 5-year progress report
 Determine degree of visibility improvement
 Consult with FLMs
 Interstate consultation with states

For most states, the report is due five years after the initial regional haze plan submission. As noted in Table 7.1, periodic progress reports were a part of the previous ICR but are not included in this period's analysis. Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025.

Requirements for Regional Haze Periodic Comprehensive SIP Revision
 Ambient Data Analysis
 Determination of affected Class I Areas in other states
 Selection of sources for analysis
 Characterization of factors for emission control measures
 Decisions on what control measures are necessary to make reasonable progress
 Regional scale modeling of the Long-Term Strategy to set Reasonable Progress Goals for 2028
 Progress, degradation, and URP glidepath checks
 Additional requirements for SIPs (e.g. consultation)

The States are working to prepare and submit periodic comprehensive SIP revisions by the July 2021 deadline. A number of states are likely to submit periodic comprehensive SIP revisions in advance of this deadline.
5	The Information Collected - Agency Activities, Collection Methodologies, and Information Management
5	The Information Collected - Agency Activities, Collection Methodologies, and Information Management
5.1	Agency Activities
5.1	Agency Activities
EPA. Each EPA regional office is responsible for reviewing and approving the periodic comprehensive SIP revisions. For this ICR renewal period, the EPA will primarily be reviewing the SIP revisions required under CFR 51.308(f). The ten EPA regional offices and the EPA headquarters offices will provide direction and facilitate resolution of major issues, and deliver data, tools, and training to the states as needed. Each regional office must address public comments before approving the SIP revisions.
FLMs. The FLMs will be reviewing the periodic comprehensive regional haze SIP revisions and offering comments to the states in fulfillment of the requirement under 40 CFR 51.308(i)(4) for the states to coordinate their regional haze efforts with the FLMs.

5.2	Collection
	Methodology
	and
	Management
5.2	Collection
	Methodology
	and
	Management
This section discusses the development of burden estimates and their conversion into costs, which are separated into burden costs and capital and O&M costs. Capital and O&M costs display the cost of any new capital equipment the respondent may have to purchase solely for information collection, assimilation, and storage purposes. For example, if a source had to purchase a new mini-computer to store and manipulate data, that computer would be a cost of administration subject to reporting in the ICR. In addition, the latest guidance instructs the Agency to differentiate the burden associated with a source's labor and that which it hires through outside contractors. To the extent a source contracts out for administrative purposes (e.g., employing consultants to perform visibility modeling), the burden associated with those contracted tasks are not a burden to the source - but they remain a cost. The reader should read this section with the following considerations in mind:
 The Agency believes the time necessary to perform a task is independent of the origins of its labor. For example, if a source would employ 20 hours of burden to fully perform a function, then a contractor hired by the source would also take 20 hours to perform that same task. Furthermore, the Agency assumes no economies or diseconomies of scale. The linear combination of any amount of contractor and source effort will also sum to 20 hours. Therefore, the burden estimates in this ICR act as an accurate assessment of the total burden to respondents.
 For some burden categories, the Agency believes the hours assigned to them will be divided between the source and outside contractors.  For these categories, the Agency established a composite cost per hour by developing a weighted average of the source and contractor wages, with the weight defined by the percentage of total effort each burden source applied. Consequently, the cost developed in this ICR should be interpreted as an upper bound on the actual cost of administration by the source. The methodology for determining cost per hour can be found in greater detail in section 6.2, below.
 While this ICR renewal estimates burden to federal and state agencies, it does not include costs estimates to the industrial sources. This is because the effort for this ICR renewal period, 2020 through 2023, mainly involves preparation and review of the periodic comprehensive SIP revisions required under CFR 51.308(f) of the regional haze rule. Sources, for the most part, will not be involved in preparation of these reports.

The periodic comprehensive SIP revisions prepared by the states are due by July 31, 2021. As mentioned earlier, a number of states are likely to submit earlier than this date. The periodic comprehensive SIP revisions must at a minimum include the following elements (similar elements are required for the initial SIPs):

 A summary of affirmation of, and revision to, reasonable progress goals, including determination of reasonableness of any additional measures that could be adopted to achieve the degree of visibility improvement projected by the analysis in the original SIP
 A description of baseline and natural visibility conditions
 An assessment of current visibility conditions and actual progress made toward natural conditions
 Details on modeling conducted for the 2028 milestone
 A summary of the effectiveness of, and re-development of, long term strategies
 A description of the monitoring strategy

5.3	Small Entity
	Flexibility
5.3	Small Entity
	Flexibility
The Regulatory Flexibility Act (RFA) requires regulatory agencies, upon regulatory action, to assess that action's potential impact on small entities (businesses, governments, and small non-governmental organizations) and report the results of the assessments in (1) an Initial Regulatory Flexibility Analysis (IRFA), (2) a Final Regulatory Flexibility Analysis (FRFA), and (3) a Certification. For ICR approval, the Agency must demonstrate that it "has taken all practicable steps to develop separate and simplified requirements for small businesses and other small entities" (5 CFR 1320.6(h)). In addition, the agencies must assure through various mechanisms that small entities are given an opportunity to participate in the rulemaking process.

The EPA determined that it was not necessary to prepare a regulatory flexibility analysis in connection with the regional haze rule (January 10, 2017, 82 FR 3078) because the rule did not have a significant economic impact on a substantial number of small entities. Similarly, this ICR will not impose any direct requirements on small entities and will apply primarily to states which are developing the SIP revisions.

5.4	Collection
	Schedule
5.4	Collection
	Schedule
States are required to submit their first periodic progress reports, in the form of a SIP revision, five years after the initial regional haze plan submission. Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025.
All states (including those subject to a FIP) are required to develop and submit periodic comprehensive SIP revisions by July 31, 2021.

6	Estimating the Burden and Cost of the Collection
6	Estimating the Burden and Cost of the Collection

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 ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; and transmit or otherwise disclose the information. The burden estimate should be composed of (1) the total capital and start-up cost component annualized over its useful life; (2) the total operation, maintenance and purchases of services component. Each component should be divided into burden borne directly by the respondent and any services that are contracted out.

This ICR renewal will apply to 50 states the District of Columbia and the U.S. Virgin Islands which are working on submitting periodic comprehensive SIP revisions. All periodic comprehensive SIP revisions are due by July 31, 2021. For this renewal period, the burden for industrial sources will be negligible as plans are required from the states.

Table 6.1 summarizes the results for each of the major categories of respondents with details discussed in the narrative below.

Develop and Submit Periodic Comprehensive SIP Revisions (or Initial SIPs) as required under the Regional Haze Rule.  Based on the elements that are required for the periodic comprehensive SIP revisions (or initial SIPs), which are described in section 5.2 above, and a review of previous ICRs, we believe that an estimate of 2,207 hours per state to complete the periodic comprehensive SIP revision (or initial SIP) is reasonable. We are applying a conservative estimate by including all 2,207 hours in the forthcoming ICR renewal period (2020-2023), though EPA recognizes that some of this SIP development is already occurring during the current ICR renewal period.

Table 6.1. Estimated Respondent Burden to Implement Requirements
Task Element
Hours/State
Hours/Source
Year Incurred
Develop and submit periodic comprehensive SIP revisions
2,207
0
2020 - 2023

6.2	Estimating Respondent Costs
6.2	Estimating Respondent Costs
This ICR uses the most recently available wage values with the wage rate methods established in the New Source Review (NSR) ICRs. For this renewal period, the burden for industrial sources will be negligible as the reports are required from the states with review being done by the EPA and the FLMs.
Consistent with methodologies for previous NSR ICRs, the labor rate used to calculate federal, state, and local respondents' labor costs is approximated from the 2019 federal government pay schedule. Managerial rates are accounted for by multiplying the hourly rate by 9%; the clerical support rates are multiplied by 13%. The hourly rate is $53.63, and the calculation is shown in Table 6.3.

Table 6.3 Determination of Federal, State, and Local Wage Rates
Annual Salary of Technical Staff, GS 11 Step 3 (FY 19 Schedule)*

                                                                     $57,393.00
Annual Cost of Supervisory Staff, GS 13 Step 3 (FY 19 Schedule)*
                                                                     $81,799.00

   Factor (1/11)
                                                                           0.09

                                                                      $7,361.91
Annual Cost of Support Staff, GS 6 Step 6 (FY 19 Schedule)*
   Factor (1/8)
                                                                     $38,171.00

                                                                           0.13

                                                                      $4,962.23
Annual Applicable Salary of Technical Staff

                                                                     $69,717.14
Benefits and Overhead (at 60%)

                                                                     $41,830.28
Total Cost Per FTE

                                                                    $111,547.42
Total Hourly Cost (Total Per FTE divided by 2,080 hours per year)

                                                                         $53.63
* https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/GS.pdf  January 2019

Since the purchase of capital equipment is believed to be an insignificant factor in meeting the requirements associated with this ICR renewal, the EPA assumes the operation, maintenance, or services are also negligible. Most of the data and other guidance for estimating emissions and visibility impacts are available in electronic form and any equipment needed to respond to requests will be part of the respondent's operating inventory.

6.2.3	Annualized Capital Costs
6.2.3	Annualized Capital Costs
Typically, annualized capital cost would be derived from a discounted net present value of the stream of costs that would occur over the life of the activity, or the ICR, whichever is shorter. However, we do not anticipate these types of expenses will be incurred during this clearance period.
6.3	Estimating Agency Burden and Cost
6.3	Estimating Agency Burden and Cost
For this ICR, we have assumed the following number of offices will be involved in implementing the Regional Haze requirements.
EPA Regional Offices.  We assume that all 10 EPA Regional Offices will be responsible for reviewing SIPs from the states in their jurisdiction, responding to public comments, and preparing federal register notices in taking final action on the SIPs.

EPA Headquarters.  The EPA Headquarters staff will provide oversight and review of the submittals.

FLMs. The FLMs will have the opportunity to review and comment on the submittals.

Table 6.4 presents our estimate of the Agency burden in the ICR clearance period which is the average to review one state plan. In developing these estimates, we considered previous estimates for similar activities, particularly related to the time necessary to review SIPs and prepare federal register notices and respond to public comments.

For the periodic comprehensive SIP revisions, summing the total hours from Table 6.4 (400 hours) and multiplying by 52 total periodic comprehensive SIP revisions yields a total estimate of 20,800 hours. Using the calculated labor rate of $53.63/hr from Table 6.3, multiplied by the 20,800 hours gives an estimated cost of $1,115,504, which when averaged over the 3-year collection period is about $371,835 per year as the Agency's burden estimate for the periodic comprehensive SIP revisions or initial SIPs.

Table 6.4.  Estimated Agency Burden to Implement Requirements
Task Element
Hours/EPA Regional Office
Hours/EPA Headquarters
Hours/FLM
Year Incurred
Respond to Public Comments and Prepare Federal Register Notices
120
20
0
2020  -  2023
Review periodic comprehensive SIP revisions or initial SIPs
200
20
40
2020 - 2023
TOTAL (periodic comprehensive SIP revision)
320
40
40
2020 - 2023

6.4	Estimating the Respondent Universe
6.4	Estimating the Respondent Universe
For the purpose of estimating burden in this ICR, the respondent universe is determined as follows.
States. We assume that 50 states, the District of Columbia, and the U.S. Virgin Islands will develop and submit the periodic comprehensive regional haze SIP revision required in 2021.

Tribes. No tribes have elected to develop and implement the regional haze plan.

Industry. The sole regional haze requirements for this reporting period are for the states to submit periodic progress reports and periodic comprehensive SIP revisions, and thus the burden anticipated for industrial sources is negligible.

6.5	Bottom Line Burden and Cost
6.5	Bottom Line Burden and Cost
Table 6.5 summarizes the total annual respondent burden to prepare and submit the periodic comprehensive revisions to state SIPs (or initial SIPs). The total respondent burden is estimated to be 38,255 hours per year and $2,050,007 per year. As described in section 6.2.2 and 6.2.3, there are no operation and maintenance costs or capital costs associated with activities to be conducted during this 3-year clearance period. The total number of respondents is 52 (52 state agencies).
Table 6.5  Estimated Annual Respondent Burden to Implement Requirements
Task Element
                                    States

Average Annual Hours
Average Annual Cost ($)
Develop and submit §308(g) or 309(d)(10) Implementation Plan  -  5-year periodic reports
0

(Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025)
0

(Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025)
Develop and submit periodic comprehensive SIP revisions
38,255
Calculation:
(2,207 hours per plan x 52 plans)/3 years=
38,255 hr/yr
2,050,007

(38,255 hrs per yr x labor rate of $53.63)
Total Burden for Respondent
38,255
2,050,007

6.6	Reasons for Change in Burden
6.6	Reasons for Change in Burden
The burden estimates for this ICR reflect the requirements of the final regional haze rule with respect to the scheduled events and activities in the implementation process.  The last collection request anticipated the program consisting of submission and review of 5-year progress reports as well as SIP revisions. The change in burden reflects changes in the activities conducted due to the normal progression of the program, the fact that the periodic comprehensive regional haze SIP revisions will need to be acted on by the EPA and the states will be working on and submitting those periodic comprehensive SIP revisions. There are 52 SIP revisions due by July 31, 2021.
The annual public reporting and recordkeeping burden for this collection of information is estimated to average 735 hours per respondent (38,255 hours/52 SIPs).  6.7	Burden Statement
6.7	Burden Statement
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; adjusting the existing ways to comply with any previously applicable instructions and requirements; training personnel to be able to respond to a collection of information; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information. The 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.
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 through the use of automated collection techniques, the docket (EPA-OAR-2019-0631) can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The telephone number for the Docket Center is<PHONE_NUMBER>. For additional information about EPA's public docket, visit http://www.epa.gov/dockets. Also, you can send comments to EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave., NW, Washington, DC 20460. EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

7	Changes vs. the Previous 3-Year Period
7	Changes vs. the Previous 3-Year Period

In the previous 3-year period, EPA expected 12 SIP revisions, 7 progress reports, and early analysis to support SIPs for 40 plans. In this 3-year period, EPA expects 52 SIP revisions due to the second implementation period due date of July 31, 2021.7.1	Summary of Changes in This 3-Year Period
7.1	Summary of Changes in This 3-Year Period

7.2	Estimating Change in Respondent Burden
7.2	Estimating Change in Respondent Burden
Under the Regional Haze Rule, the SIPs revisions for all states due by July 31, 2018 will instead be due by July 31, 2021.  As a result, activities conducted by the states, Federal Land Managers (FLMs), and the EPA will shift from focusing on progress reports and SIP revisions to focusing on SIP submittals for the second implementation period. Under the rule, 40 CFR 51.308(g) also requires states to develop periodic reports evaluating progress towards the reasonable progress goals for improving visibility in Class I areas inside the state and in neighboring states. Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025. However, 52 states/territories are required to submit SIPs in this 3-year period, as compared to the previous 3-year period, where we expected only 12 SIP revisions. With these changes considered, the overall burden on states represents an increase compared to the previous 3-year period, mainly due to the increase in SIP submittals, which require more time and effort to complete. These changes are noted in Table 7.1 below, which demonstrates the difference between the previous 3-year analysis and the current 3-year analysis. Estimates also increase from the previous ICR due to the use of the updated 2019 General Schedule Labor Rates.

Table 7.1  Estimated Annual Respondent Burden to Implement Requirements: Previous 3-Year Period vs. Current 3-Year Period
Task Element
                                    States

Average Annual Hours: Previous 3-Year Period
Average Annual Cost ($): Previous 3-Year Period
Average Annual Hours: Current 3-Year Period (estimated in proposed rule ICR supporting statement)
Average Annual Cost ($): Current 3-Year Period (estimated in proposed rule ICR supporting statement)
Develop and submit §308(g) or 309(d)(10) Implementation Plan  -  5-year periodic reports
1,815

(Calculation:
(778 hours per plan x 7 plans)/3 years=
2,333 hr/yr
89,897

Calculation:
(1,815 hrs per yr x labor rate of $49.53)
0

(Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025)
0

(Each regional haze implementation plan revision will also include a section that serves as a progress report. In between each SIP revision, periodic reports are required every five years. The next periodic report is due in January 2025)
Develop and submit periodic comprehensive SIP revisions
8,828

Calculation:
(2,207 hours per plan x 12 early plans)/3 years=
12,000 hr/yr
437,251

Calculation:
(8,828 hrs per yr x labor rate of $49.53)
38,255

Calculation:
(2,207 hours per plan x 52 plans)/3 years=
38,255 hr/yr
2,050,007

Calculation:
(38,255 hrs per yr x labor rate of $53.63)
Early analysis to support SIP revision development
2,667
Calculation:
(200 hours per plan x 40 remaining on-time plans)/3 years=
2,667 hr/yr
132,097

(2,667 hrs per yr x labor rate of $49.53)
0

0

Total Burden by Respondent
13,310
659,245
38,255
2,050,007


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73510-73511]
[FR Doc No: 2011-30720]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1034]

Drawbridge Operation Regulations; Saugus River, Lynn and Revere,
MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
General Edwards Bridge at mile 1.7, across the Saugus River between
Lynn and Revere, Massachusetts. The deviation is necessary to
facilitate scheduled bridge rehabilitation. This deviation allows the
bridge to open upon a 48 hour advance notice during the rehabilitation
period.

DATES: This deviation is effective from November 21, 2011 through April
24, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-1034 and are available online
at http://www.regulations.gov, inserting USCG-2011-1034 in the
``Keyword'' and then clicking ``Search''. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. John W. McDonald, Project Officer, First Coast Guard
District<EMAIL_ADDRESS>or telephone<PHONE_NUMBER>. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

    The General Edwards Bridge, across the Saugus River at mile 1.7
between Lynn and Revere, Massachusetts, has a vertical clearance in the
closed position of 27 feet at mean high water and 36 feet at mean low
water. The drawbridge operation regulations are listed at 33 CFR
117.618(b).
    The waterway users are recreational vessels of various sizes. The
bridge opened only 9 times between November and April since 2002 and
there were no openings between November and April in 2010. During the
winter months the bridge rarely opens since the recreational vessels
that transit this waterway are normally in winter storage.
    The owner of the bridge, Massachusetts Department of
Transportation, requested a temporary deviation from the regulations to
help facilitate rehabilitation at the bridge.
    Under this temporary deviation the General Edwards Bridge shall
operate as follows: From November 21, 2011 through April 24, 2012, the
draw shall open after at least a 48 hour advance notice is given by
calling the Massachusetts DOT Highway Operations Center at 1-(800) 227-
0608. Vessels that can pass under the bridge in the closed position may
do so at any time.
    The Coast Guard believes that this temporary deviation should meet
the reasonable needs of navigation because the mariners that normally
use this bridge are recreational vessels that do not operate during the
winter months when this deviation will be in effect.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: November 16, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2011-30720 Filed 11-28-11; 8:45 am]
BILLING CODE 9110-04-P