[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56258-56259]
[FR Doc No: 2017-25619]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The date of February 16, 2018 has been established for the FIRM
and, where applicable, the supporting FIS report showing the new or
modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: November 2, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Cameron County, Texas and Incorporated Areas
                 Docket No.: FEMA-B-1546 and FEMA-B-1655
------------------------------------------------------------------------
City of Brownsville....................  Building and Permitting
                                          Division, 1034 East Levee
                                          Street, Brownsville, TX 78520.
City of Harlingen......................  Lon C. Hill Building, 502 East
                                          Tyler Avenue, Harlingen, TX
                                          78550.
City of La Feria.......................  City Hall, 115 East Commercial
                                          Avenue, La Feria, TX 78559.
City of Los Fresnos....................  City Hall, 200 North Brazil
                                          Street, Los Fresnos, TX 78566.
City of Los Indios.....................  City Hall, 109 East 6th Street,
                                          Los Indios, TX 78567.
City of Port Isabel....................  City Hall, 305 East Maxan
                                          Street, Port Isabel, TX 78578.
City of Rio Hondo......................  Municipal Building, 121 North
                                          Arroyo Boulevard, Rio Hondo,
                                          TX 78583.
City of San Benito.....................  Planning and Development
                                          Department, 400 North Travis
                                          Street, San Benito, TX 78586.
City of Santa Rosa.....................  City Hall, 413 South Santa Cruz
                                          Avenue, Santa Rosa, TX 78593.
City of South Padre Island.............  City Hall, 4601 Padre
                                          Boulevard, South Padre Island,
                                          TX 78597.
Town of Bayview........................  Town Office, 104 South San
                                          Roman Road, Bayview, TX 78566.
Town of Combes.........................  Town Hall, 21626 Hand Road,
                                          Combes, TX 78535.
Town of Indian Lake....................  Indian Lake Town Hall, 62 South
                                          Aztec Cove Drive, Los Fresnos,
                                          TX 78566.
Town of Laguna Vista...................  Town Hall, 122 Fernandez
                                          Street, Laguna Vista, TX
                                          78578.
Town of Rancho Viejo...................  Town Hall, 3301 Carmen Avenue,
                                          Rancho Viejo, TX 78575.
Town of Rangerville....................  Harlingen Irrigation District,
                                          301 East Pierce Avenue,
                                          Harlingen, TX 78550.
Unincorporated Areas of Cameron County.  Cameron County, San Bentio
                                          Annex, 1390 West Expressway
                                          83, San Benito, TX 78586.
------------------------------------------------------------------------

[FR Doc. 2017-25619 Filed 11-27-17; 8:45 am]
 BILLING CODE 9110-12-P


Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
EXECUTIVE SUMMARY
 Identification of the Information Collection  -  Title and Numbers
   	Title: Asbestos-Containing Materials in Schools and Asbestos Model
	Accreditation Plans
	EPA ICR No.: 1365.12
	OMB Control No.: 2070-0091
	Docket ID No.: EPA-HQ-OPPT-2017-0319
 Abstract
This Information Collection Request (ICR) addresses reporting and recordkeeping requirements found in the Asbestos-Containing Materials in Schools Rule ("AHERA Rule" a.k.a. "Schools Rule") and the Asbestos Model Accreditation Plan (MAP) Rule.
AHERA Rule:  Section 203 of the Asbestos Hazard Emergency Response Act (AHERA, 15 U.S.C. 2641-2656) (see Attachment A), authorizes the EPA Administrator to promulgate regulations "for determining whether asbestos-containing material is present in a school building under the authority of a local education agency (LEA)." Accordingly, the Agency developed regulations in 40 CFR part 763, subpart E to require LEAs to conduct inspections, develop management plans, and design or conduct response actions. Records must be maintained by all LEAs on inspections and response action activity, and current management plans must be provided upon request to EPA and state reviewers for examination.
MAP Rule:  Section 206 of AHERA, as amended (see Attachment B), authorized the EPA Administrator, in consultation with affected organizations, to develop a model accreditation plan for states. The Model Accreditation Plan provides accreditation criteria for persons who inspect for asbestos, develop management plans, and design or conduct response actions. States are required to adopt an accreditation plan at least as stringent as the EPA model plan. The accreditation requirements apply to persons who work in public and commercial buildings as well as schools. Accreditation of laboratories that analyze asbestos bulk samples and asbestos air samples is also required by AHERA.
This ICR estimates the paperwork burden for LEAs to inspect for asbestos and update management plans to protect all school building occupants from exposure to asbestos. This collection also estimates the paperwork burden for the accreditation of persons who inspect for asbestos, develop management plans, and design or conduct response actions and the paperwork burden associated with state accreditation programs.
 Summary Total Burden and Costs
Average Annual Respondent Aggregation Table

                        Number of Entities/Activities
                                  Unit Burden
                                 Total Burden
                                  Hours/Time
                                   Unit Cost
                                  Total Cost
Local Education Agencies

Schools with Friable ACM

Public Primary
                                                                          3,113
                                                                             35
                                                                        108,955
                                                                         $1,379
                                                                     $4,292,827
Public Secondary
                                                                          1,849
                                                                             58
                                                                        107,242
                                                                         $2,142
                                                                     $3,960,558
Private
                                                                          1,580
                                                                             35
                                                                         55,300
                                                                         $1,379
                                                                     $2,178,820
Schools with Non-friable ACM

Public Primary
                                                                         70,573
                                                                             15
                                                                      1,058,595
                                                                           $640
                                                                    $45,166,720
Public Secondary
                                                                         28,311
                                                                             28
                                                                        792,708
                                                                         $1,063
                                                                        $30,094
Private
                                                                         30,871
                                                                             15
                                                                        463,065
                                                                           $640
                                                                    $19,757,440
Subtotal for LEAs
                                                                        136,297

                                                                      2,585,865

                                                                   $105,450,958
Training Providers
                                                                          1,268
                                                                            5.5
                                                                          6,974
                                                                           $879
                                                                     $1,114,572
States/Territories
                                                                             56
                                                                            140
                                                                          7,840
                                                                         $5,232
                                                                       $292,992
Total
                                                                        137,621

                                                                      2,600,679

                                                                   $106,858,522
Agency
                                                                            400
                                                                              1
                                                                            400
                                                                           $110
                                                                        $44,000
Note: Totals in above table may not sum due to rounding.
The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0091, is estimated to average 19.7 hours per response for schools, 140 hours per response for states, and 5.5 hours per response for training providers. Burden is defined in 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appears above. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.
Supporting Statement
   Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
AHERA Rule and MAP Rule:  The reporting and recordkeeping requirements covered by this ICR are required by the Asbestos-Containing Materials in Schools Rule (40 CFR part 763, subpart E) and the Model Accreditation Plan (40 CFR part 763, subpart E, Appendix C); see Attachments C and D, respectively.
   Indicate how, by whom, and for what purpose the information is to be used.  Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection
AHERA Rule:  The activities pertaining to the use of this information collection activity help assure that LEAs continue to inspect for asbestos and update their management plans using accredited personnel. This is intended to ensure the protection of all school building occupants from exposure to asbestos fibers. All public and private elementary and secondary schools (unless exempt under provision of the rule) were required to conduct inspections for asbestos-containing building materials (ACBM) and develop management plans that describe necessary actions to be undertaken. Re-inspections by accredited persons must take place every three years unless all ACBM has been removed. Records retention as part of an updated asbestos management plan is necessary in order to document specific response action activities and periodic surveillance, 3-year re-inspection reports, and for an LEA to demonstrate compliance with the regulations. Beneficiaries of the collection activities include the LEA's asbestos program manager and staff, accredited professionals who may be called upon to perform response actions at a school, and federal and state enforcement agencies.
MAP Rule:  This collection will enable EPA, as well as state regulators, to determine initial compliance and to monitor continued compliance with the MAP standards. Lacking the application submissions and other recordkeeping requirements, regulators would have no meaningful way of measuring the implementation of the MAP's statutory mandates. Other beneficiaries of the collection activities include:  1) individuals who may desire to obtain asbestos training meeting prescribed minimum quality standards for accreditation and subsequent employment purposes; 2) LEAs and other building owners and managers seeking to procure the services of qualified and accredited asbestos consultants and contractors; and 3) enforcement agencies at the federal and state level.
   Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
Not applicable.
   Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
AHERA Rule: EPA has tried to identify alternate sources of the information requested to implement and enforce this recordkeeping and was not successful. This activity does not duplicate information already required to be reported by another agency or EPA program office.
MAP Rule: All of the training and accreditation information collected pursuant to this ICR is specific to the MAP and does not duplicate any other collection. There is no model accreditation plan for states other than under the MAP rule, and there is no procedure for the accreditation of asbestos training programs under the Asbestos School Hazard Abatement Reauthorization Act (ASHARA) other than what is specifically provided for in the MAP.
   If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
The impact of the AHERA and MAP rules primarily affects small asbestos abatement contracting firms or accredited consultants, and training providers that qualify for "small business" status. Small business training providers have a one-time only application process for training course approvals by MAP-approved states that allows for flexibility in the way information is prepared and presented.
A small business abatement contractor is required to keep and maintain records on the accreditation status of supervisors and abatement workers. Accreditation records are also kept and maintained by consultants, such as inspectors, management planners, and project designers.  An advantage accruing from having those records is that of obtaining and retaining eligibility to qualify for work in asbestos control and abatement in schools and public and commercial buildings.
   Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
AHERA Rule: If information was collected less frequently, it would be difficult to determine whether an LEA properly inspected for asbestos-containing materials and developed an appropriate management plan and kept these documents up-to-date including ongoing activities.
MAP Rule: The revised MAP has no routine or repetitive reporting requirements. A less frequent collection schedule is not feasible. Recordkeeping requirements are tied directly to training courses and the issuance of accreditation certificates to students successfully completing those courses and passing the requisite exams. If training providers are inactive and not offering courses, no new record generation is required of them.
   Explain any special circumstances that require the collection to be conducted in a manner:
requiring respondents to report information to the agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
Except as described in this section, the collection activities in this ICR adhere to the guidelines stated in the Paperwork Reduction Act, OMB's implementing regulations, and applicable OMB and EPA guidance.
AHERA Rule: The rule requires that the asbestos management plans be maintained as a living document, necessary for as long as asbestos-containing building materials are present in the school building. When all asbestos materials have been removed from a homogeneous area, records pertaining to that homogeneous area must be retained for three years after the next re-inspection date. As a result, such records may need to be maintained beyond the three-year record retention period recommended in 5 CFR 1320.5(d)(2)(iv). EPA believes, however, that these retention requirements are necessary to satisfy the statutory mandates in AHERA, which specifically mandates the development and maintenance of asbestos management plans. In addition to ensuring that a management plan is available for public inspection as required by AHERA, maintaining a current management plan is necessary and critical for ensuring the proper protection of human health, safety, and the environment as required by AHERA.  Providing up-to-date information about the location and status of asbestos-containing building materials that remain present in the school building is also essential for ensuring that the material does not subsequently become unintentionally disturbed or damaged such that it may pose an unreasonable risk to school employees, children and other building occupants or users. In accordance with 5 CFR 1320.5(d)(2), the retention period beyond the recommended three-year period is necessary and appropriate.
The re-inspection interval is necessary to satisfy the statutory mandates in AHERA, which specifically mandates the periodic surveillance and re-inspection of asbestos-containing materials, and that the current interval is appropriate and necessary for ensuring that the asbestos-containing material does not subsequently become disturbed or damaged such that it is likely to become a potential hazard to school employees, children and other building occupants or users. The existing re-inspection period is consistent with the provisions in 5 CFR 1320.5(d)(2).
   If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.
    Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
    Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
Pursuant to 5 CFR 1320.8(d) in proposing to renew this ICR, EPA will publish a notice in the Federal Register that will provide a 60-day public comment period. The comments received and any additional public comment for this action will be posted in the docket.
Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential ICR respondents and data users about specific aspects of ICRs before submitting an original or renewal ICR to OMB for review and approval. Although consultations were not completed for this renewal, EPA will pursue additional consultations with interested parties during the development of the next renewal of this collection.

   Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
Not applicable.
   Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
This information collection request does not include confidential questions.
   Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
Not applicable; this collection does not include questions of a sensitive nature.
   Provide estimates of the hour burden of the collection of information. The statement should:
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.
AHERA Rule and MAP Rule: There are three types of respondents for this information collection request. LEAs and states are involved in recordkeeping and reporting activities associated with the AHERA Rule, while training providers and states are involved in recordkeeping and reporting activities related to the MAP Rule. The respondent activities are different for each respondent type and are discussed in turn. The respondents to this information collection activity are elementary and secondary school districts (North American Industry Classification System (NAICS) code 61111) and all states (NAICS code 92311). Additionally, under the Asbestos School Hazard Abatement Reauthorization Act (ASHARA), the Model Accreditation Plan affects training providers (NAICS code 61143) and State Asbestos Accreditation Programs (NAICS code 92312). These respondents are included because they are the providers and guarantors of accreditation, respectively.
AHERA Rule: No specific data collection instrument is used to collect information for this activity.
The AHERA and MAP programs are both over a decade old and the program start-up activities and federal, state, and local coordination are now well established. Many of the initial paperwork burdens for the program are no longer part of the burden assessment. Currently, 39 states are operating state accreditation programs under the MAP and 12 states have received a waiver to some or all of the AHERA program requirements. The activities currently conducted by LEAs (inspections, record keeping for management plans), state accreditation and training providers (records retention), are the burden activities documented in this ICR.
Local Education Agencies (LEAs):
Reporting Activities: LEAs must submit management plans to the states for review of school buildings that have come into operation after October 12, 1988 and maintain the required recordkeeping. LEAs subject to the reporting and recordkeeping requirements under the AHERA Rule may be divided into two main categories: 1) those only subject to a management plan and 2) those associated with both a management plan and operations and maintenance (O&M) activities.
The management plan burden varies by school type as well as by the type of asbestos-containing building material (ACBM) found in a school. The management plan recordkeeping and reporting burden items include:
 Development and submission of the management plan; and
 Implementation of the management plan including:
 Time spent by the program manager to do additional activity planning, create and gather new information, prepare written activity reports, and record and review that information;
 Time spent by custodians and clerical personnel to gather, record, process and store asbestos-related information; and
 Annual notification of parents and other interested parties of the presence of ACBM in a school, as well as the availability of the management plan for public review.

Recordkeeping Requirements: The recordkeeping burden associated with the development of an O&M activity plan was largely completed in the first year of AHERA Rule implementation. On an ongoing basis, however, AHERA regulations also require LEAs to keep known or assumed ACBM under periodic surveillance and update the O&M plan accordingly.
The original inspection report and any re-inspection reports must be maintained in the management plan. Management planner recommendations and response actions with the associated air sampling clearance records are also to be kept. Records required by the rule also include those pertaining to fiber release episodes, periodic surveillance, training received by workers performing operation and maintenance activities, and cleaning activities that are part of an operations and maintenance program. The AHERA rule also requires LEAs to collect and retain various records that are not part of the information included in the management plan.
The AHERA Rule requires LEAs to have accredited inspectors conduct re-inspections at least once every three years after the management plan is in effect. Results of this re-inspection shall be recorded in the school's management plan, along with any necessary changes in response actions recommended or required.
The AHERA Rule directs the LEA to select and implement in a timely manner appropriate response actions for ACBM that are assessed by the accredited inspector and management planner. The rule identifies five major response actions -- O&M, repair, encapsulation, enclosure, and removal -- and describes appropriate conditions under which they may be selected by the LEA. The rule also identifies the steps that shall be taken to properly conduct and complete the response actions.
After performing a thorough visual inspection of the area in which the response action was conducted, air testing is performed to determine whether a response action has been properly completed. The rule currently requires the use of transmission electron microscopy (TEM) for all removal, enclosure, encapsulation, or repair response actions involving more than 260 linear feet or more than 160 square feet of ACBM. The use of phase contrast microscopy (PCM) is allowed by the rule for final air sampling where the amounts of ACBM are less than the limits above and greater than for small projects of short duration.
Response actions that fail to meet prescribed air sampling standards by the stipulated sampling methods shall have the areas re-cleaned and re-sampled before being released for reoccupation. Records of response actions and subsequent air sampling clearance records must be maintained by the LEA.
The AHERA Rule requires each LEA to maintain a copy of the management plan(s) in its administrative office, and each school is required to maintain a copy of its specific management plan in its administrative office. These plans are to be made available for inspection by the public without cost or restriction. LEAs must notify parent, teacher, and employee organizations of the availability of the management plans upon submission of the management plan to the state and at least once each school year.
State Accreditation Programs:
The AHERA Rule provides a procedure to allow states to receive a waiver from some or all of the requirements of the rule if the state has established and is implementing, or intends to implement a program of asbestos inspection and management at least as stringent as the requirements of the rule. The rule requires specific information to be included in the waiver request submitted to EPA. To date, 12 states have been granted this waiver under the AHERA Rule.
Respondents who are state accredited programs will need to perform the following collection activities:
      -  read the federal regulation (40 CFR part 763, subpart E);
      -  compare state program authority and the minimum requirements of the federal regulation;
      -  develop state legislative analysis and adopt new legislation;
      -  develop state regulatory analysis and promulgate a new state regulation;
      -  prepare and submit to EPA an application for program approval; and
      -  implement a state accreditation program that is not less stringent than the federal regulation.
Training Providers:
The MAP details the training and accreditation programs used to train persons to perform asbestos-related tasks. Specifically, the MAP shall be used as a tool to accredit persons who:
      - conduct inspections or re-inspections for ACBM;
      - prepare and/or update management plans for elementary and secondary schools; and
      - design or carry out response actions with respect to ACBM in those schools.
	Respondents who are training entities will need to perform certain collection activities:
      -  read the regulation;
      -  make any required changes to training programs;
      -  retain records/materials (usual business practice); and
      -  provide reasonable access to records to EPA and/or the state, as requested.
There are three types of respondents for this ICR: LEAs involved in recordkeeping and reporting activities associated with the AHERA Rule, and training providers and states involved in recordkeeping and reporting activities related to the MAP Rule. The respondent activities are different for each type of respondent and are discussed in the following section.
Estimated Burden for Local Education Agencies:
LEA (i.e., school or school district) reporting and recordkeeping activities under the AHERA Rule may be divided into two main categories: those associated with the management plan and those associated with O&M activities. Schools with friable asbestos-containing materials (ACM) incur burden for the management plan and O&M activities, while schools with non-friable ACM (including newly constructed schools that are certified through an exclusionary statement not to have specified asbestos-containing building materials in construction) incur burden only for the management plan.
The average estimated number of schools of each type in the three years of this ICR renewal period (years 32 through 34 of the implementation period) is used with the unit burden estimates to derive an annual burden estimate. This ICR renewal revises the method of estimating the numbers of schools with friable and non-friable asbestos used in previous ICR renewals.
The management plan burden varies by school type as well as by the type of ACM found in a school. Appendix G of the Final Schools Rule Asbestos Hazard Emergency Response Act Regulatory Impact Analysis (EPA, 1987a) contains time and cost estimates for management and O&M plan development and implementation for schools with friable ACM or non-friable ACM. Those activities incurring burden that were not completed during the initial 10 years of implementation are shown in Worksheet 1.
Worksheet 1 indicates that the annual estimated recordkeeping burden for schools with friable ACM is approximately 35 hours for public primary schools and private schools, and 58 hours for public secondary schools. For schools with non-friable ACM only (including newly constructed schools covered by exclusionary statements), the annual estimated recordkeeping burden is 15 hours for public primary schools and private schools, and 28 hours for public secondary schools. This approach may overstate the respondent burden for newly constructed schools covered by exclusionary statements because these schools will not incur a burden related to records of inspection, re-inspection, response actions and periodic surveillance. However, newly constructed schools covered by exclusionary statements still need to keep certain information and records up-to-date. This includes the name and training records for the AHERA Designated Person and dated copies of each year's annual notification of the management plans availability to parents, teachers and employees, along with a description of the steps taken to provide the notification.

Worksheet 1: Annual Respondent Burden per Local Education Agency (Hours)
                             Burden Hour Elements
                                  School Type

                           Public Primary or Private
                             Public     Secondary
              Schools with Friable Asbestos-Containing Materials
                           Implement Management Plan
Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                      10
                                      15
Custodial - Gather, record, process and store information
                                       4
                                       8
Clerical - Gather, record, process and store information
                                      16
                                      30
Total Management Plan
                                      30
                                      53

              Implement Operations and Maintenance (O&M) Plan
Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                       2
                                       2
Custodial - Gather, record, process and store information
                                       1
                                       1
Clerical - Gather, record, process and store information
                                       2
                                       2
Total O&M Plan
                                       5
                                       5
Total recordkeeping burden per school with Friable ACM
                                      35
                                      58

          Schools with Non-Friable Asbestos-Containing Materials Only
                           Implement Management Plan
Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                       5
                                       8
Custodial - Gather, record, process and store information
                                       4
                                       8
Clerical - Gather, record, process and store information
                                       6
                                      12
Total recordkeeping burden per school with Non-friable ACM
                                      15
                                      28
Source:  EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: "Second Year Implementation Costs." Non-friable ACM does not require an O&M Plan.

Estimated Burden for States:
States are involved in both the AHERA Rule and the MAP Rule. State activities related to the AHERA Rule were completed during the first 10 years of program implementation. The MAP Rule went into effect in 1994, at which time states were to apply to EPA for new program approval. For the purposes of this analysis, all interested states are assumed to have completed accreditation program approval during previous ICR periods. Therefore, no burden for initial state activities is included in this ICR.
For all states with EPA-approved accreditation programs, an on-going burden associated with the MAP Rule is the implementation of state accreditation programs. Annual burden estimates from the MAP Rule are given in Worksheet 2. These estimates assume that all states have approved accreditation programs. In cases where a state does not have an approved program, the burden would be shifted to EPA. This assumption provides the most conservative estimates of state burdens.
Worksheet 2: Annual Respondent Burden per State or Territory (Hours)
                             Burden Hour Elements
                                Labor Category
                                  Total Hours

Management
Technical
Clerical

Annual activities
Implement a state accreditation program that is not less stringent than the regulation
                                      8.0
                                     23.0
                                     109.0
                                     140.0
Total annual activities
                                      8.0
                                     23.0
                                     109.0
                                     140.0
Source: EPA.1993. Supplemental ICR for the Asbestos-Containing Materials in Schools Rule. (EPA ICR #1365).

Estimated Burden for Training Providers:
Training providers were required to recertify under the revised MAP Rule. Providing access to records is expected to take 5.5 hours per year per training provider, as indicated in Worksheet 3, while the retention of the records is considered a customary and usual business practice. Therefore, no additional burden is associated with this task.
Worksheet 3: Annual Respondent Burden per Training Provider (Hours)
                             Burden Hour Elements
                                Labor Category
                                   Freq/Year
                                  Total Hours

                                   Clerical

Annual activities
1.  Retain records
                                      N/A
                                      N/A
                                      N/A
2.  Provide reasonable access to records to EPA or state
                                      0.5
                                      11
                                      5.5
Total annual activities
                                      0.5
                                      11
                                      5.5

The cost estimates addressed in this section are based on the burden estimates discussed above and additional non-wage costs discussed below. Wage rates (including benefits) have been updated from the values in the AHERA Regulatory Impact Analysis (RIA) (EPA, 1987a), the Supplemental ICR for the Asbestos-Containing Materials in Schools Rule (EPA, 1993), and the previous ICR (EPA, 2014) to reflect the most recently available estimates.
Estimated Burden Costs for Local Education Agencies:
The implementation cost to LEAs of the AHERA Rule includes the wages associated with the burden estimates in Section 6(a). Labor costs were updated using mean hourly wage rates from the Bureau of Labor Statistics' National Occupational Employment and Wage Estimates (BLS, 2020) for the most appropriate Standard Occupational Classification (SOC).
 The school asbestos program manager, custodian, and clerical staff hourly wages were $35.81, $15.75, and $20.38 for May 2020, the most recent occupational wage data available. They are based on the mean hourly wages for Occupational Health and Safety Specialists and Technicians (SOC 19-5010), Building and Grounds Cleaning and Maintenance Occupations (SOC 37-0000), and Office and Administrative Support Occupations (SOC 43-0000), respectively.
       According to the Employer Costs for Employee Compensation, wages and salaries accounted for 68.74 percent of total compensation for school employees as of December 2020. Based on this information, a loading factor of 1.456 (1/0.6874) was applied to the mean hourly wage rate to estimate total hourly compensation for school employees (BLS, 2021).
       The updated estimated total hourly compensation cost for school asbestos program manager, custodian, and clerical staff are $51.41, $22.93, and $29.67, respectively.

These values were used in Worksheet 4 to calculate current recordkeeping and reporting costs to schools with friable and/or non-friable ACM, as shown below. In addition, schools are required to provide annual notification to parents and other interested parties of the presence of ACM, as well as the availability of the management plan for public review. The AHERA RIA estimated the annual notification cost to be $56 per school (EPA, 1987a). This figure was updated to $113 in 2020 dollars using the implicit price deflator for the Gross Domestic Product (GDP) (U.S. Bureau of Economic Analysis, Gross Domestic Product: Implicit Price Deflator).
Worksheet 4 indicates that the annual reporting costs for schools range from $640 for public primary schools or private schools with only non-friable ACM to $2,142 for public secondary schools with friable ACM.
Worksheet 4: Annual Cost per Local Education Agency (2020 $)
                                  Activities

                                  School Type

                           Total Hourly Compensation
                          Public Primary and Private
                               Public Secondary
Schools with Friable Asbestos-Containing Materials
Implement Management Plan

Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                    $51.41
                                     $514
                                     $771
Custodial - Gather, record, process and store information
                                    $22.93
                                    $91.72
                                     $183
Clerical - Gather, record, process and store information
                                    $29.67
                                     $475
                                     $890
                             Total Management Plan
                                    $1,081
                                    $1,844

Management Plan Costs
                                    $1,081
                                    $1,844
O&M Plan Costs
                                     $185
                                     $185
Notification Costs
                                     $113
                                     $113
                        Total Estimated Cost per School
                                    $1,379
                                    $2,142
Schools with Non-Friable Asbestos-Containing Materials Only
Implement Management Plan

Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information
                                    $51.41
                                     $257
                                     $411
Custodial - Gather, record, process and store information
                                    $22.93
                                      $92
                                     $183
Clerical - Gather, record, process and store information
                                    $29.67
                                     $178
                                     $356
Notification Costs
                                     $113
                                     $113
                        Total Estimated Cost per School
                                     $640
                                    $1,063
Source:  EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: "Second Year Implementation Costs."  Non-friable ACM does not require O&M.

Estimated Burden Costs for States:
As discussed in Section 6(a), states have no additional costs associated with the AHERA Rule. Under the MAP Rule, state accreditation programs are required at least to meet the standards of the revised MAP. The burden estimates associated with the MAP Rule are given in Section 6(a). No additional costs for materials were given in the Supplemental ICR for the Asbestos-Containing Materials in Schools Rule (ICR #1365) (EPA, 1993). Worksheet 5 shows the estimated annual cost of state compliance with the MAP Rule is $5,232.
Wage rates were updated using mean hourly wage rates from the Bureau of Labor Statistics' National Occupational Employment and Wage Estimates (BLS, 2016) for the most appropriate SOC.
       The state managerial, technical, and clerical staff hourly wages for December 2016, the most recent available data, were $60.81, $38.50, and $20.38, based on the mean hourly wages for Management Occupations (SOC 11-0000), Environmental Scientists and Specialists, Including Health (SOC 19-2041), and Office and Administrative Support Occupations (SOC 43-0000), respectively.
       According to the Employer Costs for Employee Compensation, wages and salaries accounted for 68.74 percent of total compensation for state employees as of December 2016. Based on this information, a loading factor of 1.456 (1.0/0.6874) was applied to the mean hourly wage rate to estimate total hourly compensation for school employees (BLS, 2017).
       The updated estimated total hourly compensation cost for state managerial, technical, and clerical staff are $88.54, $56.10, and $29.67, respectively.
Worksheet 5 shows the estimated annual cost of state compliance with the MAP Rule is $5,232 per state.
Worksheet 5: Annual Cost per State/Territory (2020 $)

                               Labor Categories

                                  Activities
                                  Management
                                   Technical
                                   Clerical
                                     Total

                                  $88.54/hour
                                  $56.10/hour
                                  $29.67/hour

Implement a state accreditation program that is not less stringent than the regulation
                                     $708

                                    $1,290
                                    $3,234

Estimated Cost per State/Territory
                                     $708
                                    $1,290
                                    $3,234
                                    $5,232
The cost for each labor category is calculated by multiplying the hourly rate by the number of hours per activity from worksheet 2.

Estimated Burden Costs for Training Providers:
The reporting and recordkeeping burden under the MAP Rule for asbestos training providers is described in Section 6(a). Providing access to records is expected to take 5.5 hours per year per training provider, and to be done by clerical staff. Wage rates were updated using mean hourly wage rates from the Bureau of Labor Statistics' National Occupational Employment and Wage Estimates (BLS, 2016) for the most appropriate SOC.
       The training provider clerical staff hourly wage for May 2020, the most recent available data, was $20.38 based on the mean hourly wage for Office and Administrative Support Occupations (SOC 43-0000).  According to the Employer Costs for Employee Compensation, wages and salaries accounted for 79.1 percent of total compensation for state employees as of December 2020. Based on this information, a loading factor of 1.264(1.0/0.791) was applied to the mean hourly wage rate to estimate total hourly compensation for training provider staff (BLS, 2020).The updated estimated total hourly compensation cost for training provider clerical staff is $25.76.
In addition, training providers are expected to incur materials costs associated with the annual recordkeeping requirements of the MAP Rule. Those costs were estimated to be $436 in the MAP Rule (EPA, 1993). This figure was updated to $737 in 2016 dollars using the implicit price deflator for the Gross Domestic Product (GDP) (Dept. of Commerce, 2016).
Worksheet 6 shows the estimated annual cost of training provider compliance with the MAP Rule is $807per training provider.
Worksheet 6: Annual Cost per Training Provider (2020 $)
                                  Activities
                                Labor Category
                                  Frequency/
                                     Year
                                     Total

                                   Clerical

                                  $25.76/hour

1.  Retain records
                                      N/A
                                      N/A
                                     $737
2.  Provide reasonable access to records to EPA or State
                                    $12.88*
                                      11
                                    $141.68
Estimated Cost per Provider

                                     $879
*The burden associated with this activity is 0.5 hour of clerical labor.  The cost of 0.5 hours of clerical labor is $25.76*0.5 = $12.88.

   Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
Worksheet 7 below describes the operations and maintenance costs associated with this collection.
Worksheet 7: Implement Operations and Maintenance (O&M) Plan
Asbestos program manager - Activity planning, create and gather information, prepare activity reports, record and review information

$51.41
$103
$103

Custodial - Gather, record, process and store information
$22.93
$23
$23
Clerical - Gather, record, process and store information
$29.67
$59
$59
Total O&M Plan
$185
$185

   Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
Agency cost estimates are presented in Worksheet 8. EPA does not collect any information under this ICR. All information subject to this collection request is to be gathered and maintained by the employer. Consistent with previous ICRs, if technical tasks such as inspections or other enforcement or compliance assistance activities are conducted, they are assumed to be completed by staff at the GS-13 level. The 2020 GS-13, step 5, hourly salary for the Washington, D.C. region is $55.75 (OPM, 2020). Calculating the fringe benefits as 63.90 percent of the wages and assuming an overheard rate of 20 percent for EPA personnel, gives a total hourly compensation cost of $109.65. Estimates incorporating this hourly compensation rate and the time estimate of 400 hours per year for inspections result in a total annual cost of $43,860.
Worksheet 8: Average Annual Agency Aggregation Table

Number of Activities
Unit Time
Total Time
Unit Cost
Total Cost
Total
400
1
400
$110
$44,000
Note: Totals in above table may not sum due to rounding.
   Explain the reasons for any program changes or adjustments reported in hour or cost burden.
This ICR reflects an increase of 45,766 hours (from 2,554,913 hours to 2,600,679 hours) in the total estimated respondent burden from that currently in the OMB inventory. There is an increase in total annual costs compared with that identified in the ICR currently approved by OMB. The increase in the respondent burden and agency costs were caused by an increase in the hourly wages and a change in the methodology to calculate loaded wages (wages plus fringe benefits and overhead). Please refer to Handbook on Valuing Changes in Time Use Induced by Regulatory Requirements and Other U.S. EPA Actions. This change is an adjustment.
Changes in Respondent Burden
Respondent Type
Burden Hour Estimates
Percent Change

Previous
Current
Difference

Local Education Agencies
2,540,099
2,600,679
45,766
 +2.4% %
Training Providers
6,974
6,974
0
0 %
States/Territories
7,840
7,840
0
0 %
Total
2,554,913
       2,615,493
45,7669
 +2.4%

   For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
Not applicable.
   If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.
Not applicable.
   Explain each exception to the certification statement identified in "Certification for Paperwork Reduction Act Submissions."
EPA does not request an exception to the certification of this information collection.
Supplemental Information
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0091). Responses to this collection of information are mandatory for certain person, as specified at 40 CFR 763.94. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to be 19.7 hours per response for schools, 140 hours per response for states, and 5.5 hours per response for training providers. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.
List of Attachments
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2017-0319.
Ref.
Title
1.
Attachment A - Asbestos Hazard Emergency Response Act, Section 203 (15 U.S.C. §2643) also accessible at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15/html/USCODE-2009-title15-chap53-subchapII.htm
2.
Attachment B - Asbestos Hazard Emergency Response Act, Section 206 (15 U.S.C. §2646) also accessible at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15/html/USCODE-2009-title15-chap53-subchapII.htm
3.
Attachment C - Asbestos-Containing Materials in Schools Rule (40 CFR 763, Subpart E) also accessible at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr763_main_02.tpl
4.
Attachment D - Model Accreditation Plan (40 CFR 763, Subpart E, Appendix C) also accessible at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr763_main_02.tpl
5.
Attachment E - Worksheet A-1: Annual Recordkeeping Burden, by School Type and Asbestos Type and Worksheet A-2 Annual Recordkeeping Cost, by School Type and Asbestos Type
6.
Attachment F  -  [Placeholder] Copies of the public comments and EPA's response to the public comments.

References
U.S. Bureau of Labor Statistics. 2017. Employer Costs for Employee Compensation --May 2020 Table 3. Employer costs ... and costs as a percent of total compensation: State and local government workers ... Table 5. Employer costs ... and costs as a percent of total compensation: Private industry workers ... Web site: http://www.bls.gov/schedule/archives/ecec_nr.htm.
U.S. Bureau of Labor Statistics. 2020. Occupational Employment Statistics: May 2020 National Industry-Specific Occupational Employment and Wage Estimates. Accessed 7/2/2017. Web site: http://www.bls.gov/oes/
U.S. Department of Commerce. 2020. Bureau of Economic Analysis. Gross Domestic Product:
Implicit Price Deflator. Accessed through the Saint Louis Federal Reserve Bank at http://research.stlouisfed.org/fred2/series/GDPDEF/. Series ID GDPDEF, Gross Domestic Product Implicit Price Deflator.  Index 2005=100.
U.S. Department of Education. June 20202. National Center for Education Statistics. Digest of Education Statistics: 2011. Table 91: Number of public-school districts and public and private elementary and secondary schools. Web site: http://nces.ed.gov/programs/digest/d14/
U.S. EPA. 1987a. Office of Toxic Substances, Economics and Technology Division. Asbestos
Hazard Emergency Response Act Regulatory Impact Analysis. September, 1987.
U.S. EPA. 1987b. Office of Pesticides and Toxic Substances. Addendum to ICR #2070-0091,
Asbestos-In-Schools Rule. October, 1987.
U.S. EPA, 1993. Supplemental ICR for the Asbestos-Containing Materials in Schools Rule. EPA ICR # 1365.
U.S. EPA. 2009. Office of Pollution Prevention and Toxics. National Directory of AHERA Accredited Courses, Active Training Provider List. June 2009.
U.S. EPA. 2018. Renewal ICR for the Asbestos-Containing Materials in Schools and Asbestos Model Accreditation Plans Rules. OMB No. 2070-0091. EPA ICR #1365.
U.S. Office of Personnel Management. 2020. Salary Table 2013-DCB. Web site: http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2013/general-schedule


[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Page 25566]
[FR Doc No: 2018-11829]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0385]

Drawbridge Operation Regulation; Okeechobee Waterway (St. Lucie
Canal), Indiantown, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Seaboard System (CSX) Railroad
Bridge across the Okeechobee Waterway (St. Lucie Canal), mile 28.2, at
Indiantown, FL. The deviation is necessary to accommodate the
replacement of the main drive gears on the bridge. This deviation
allows the bridge to remain closed to navigation during replacement
operations.

DATES: This deviation is effective without actual notice from June 4,
2018 through 7 a.m. on June 12, 2018. For the purposes of enforcement,
actual notice will be used from 7 a.m. on May 28, 2018, until June 4,
2018.

ADDRESSES: The docket for this deviation, USCG-2018-0385 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email LT Ruth Sadowitz, U.S. Coast Guard
Sector Miami, Waterways Management Division, telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: PCL Civil Constructors, Inc., on behalf of
bridge owner, CSX Transportation, Inc, has requested a temporary
deviation from the current operating regulation that governs the
Seaboard System (CSX) Railroad Bridge across the Okeechobee Waterway
(St. Lucie Canal), mile 28.2, at Indiantown, FL. The deviation is
necessary to facilitate the replacement of the main drive gears and
rack segments which will improve the reliability of the bridge. The
bridge is a swing bridge and has a vertical clearance in the closed to
navigation position of 7 feet at normal St. Lucie Canal stage of 14.5
feet.
    The current operating schedule is set out in 33 CFR 117.317(e).
Under this temporary deviation, the bridge will only open with a four
(4) hour notice to the bridge tender at<PHONE_NUMBER> from 7 a.m. on
May 28, 2018 through 7 p.m. on June 3, 2018, and will remain in the
closed to navigation position from 7 a.m. on June 4, 2018 through 7
a.m. on June 12, 2018. The Okeechobee Waterway (St. Lucie Canal) is
predominantly used by a variety of vessels including U.S. government
vessels, small commercial vessels, recreational vessels and tugs and
barge traffic. The Coast Guard has carefully considered the
restrictions with waterway users in publishing this temporary
deviation.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will not be able to open for emergencies
and there is no immediate alternate route for vessels to pass. The
Coast Guard will also inform the users of the waterways through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 29, 2018.
Barry L. Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2018-11829 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: July 30, 2010 (Volume 75, Number 146)]
[Rules and Regulations]
[Page 44885-44887]
[DOCID:fr30jy10-4]

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

DEPARTMENT OF TRANSPORTATION

14 CFR Part 382

[Docket No. DOT-OST-2004-19482; DOT-OST-2005-22298; DOT-OST-2006-23999]
RIN No. 2105-AC97; 2105-AC29; 2105-AD41

Nondiscrimination on the Basis of Disability in Air Travel;
Corrections

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Correcting amendments.

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

SUMMARY: The Department of Transportation published its amended Air
Carrier Access Act (ACAA) rule in the Federal Register on Tuesday, May
13, 2008 (73 FR 27614). That rule amended the ACAA rules to apply to
foreign air carriers and added new provisions concerning passengers who
use medical oxygen and passengers who are deaf or hard-of-hearing. A
corrections notice was published on March 18, 2009. This document
further corrects editorial errors or omissions and provides
clarifications regarding the preamble and regulatory text of the final
rule.

DATES: Effective Date: These amendments and corrections are effective
July 30, 2010.

FOR FURTHER INFORMATION CONTACT: Clereece Y. Kroha, Trial Attorney,
Office of the Assistant General Counsel for Aviation Enforcement and
Proceedings, Department of Transportation, 1200 New Jersey Ave., SE.,
Washington, DC 20590,<PHONE_NUMBER> (voice),<PHONE_NUMBER> (fax),
<EMAIL_ADDRESS>(e-mail). TTY users may reach the individual via
the Federal Relay Service toll-free at<PHONE_NUMBER>. Arrangements to
receive this notice in an alternative format may also be made by
contacting the above named individual.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Transportation published its amended Air Carrier
Access Act rule, Nondiscrimination on the Basis of Disability in Air
Travel, 14 CFR Part 382 (Part 382), in the Federal Register on May 13,
2008, (73 FR 27614), applying Part 382 to foreign carriers, adding new
provisions concerning accommodations for passengers who use medical
oxygen and who are deaf or hard-of-hearing, and reorganizing the entire
rule. On March 18, 2009, the Department published a correction notice
in the Federal Register (74 FR 11469), correcting several editorial
errors, inconsistencies, and omissions that had been identified. Since
the final rule became effective on May 13, 2009, we have identified
several additional minor typographical and technical errors in the
final rule text as well as the preamble, which this document corrects.
We have set forth these corrections below. The corrections to the
preamble can also be found on our Web site at http://
airconsumer.ost.dot.gov/.

II. Summary of Errors to the Final ACAA Rule

A. Errors in the Preamble of the May 13, 2008, Final Rule (73 FR 27164)

    On page 27619, in the third column, we intended to state that the
carriers may choose to supplement the accessibility service provided by
airports themselves or hire a contractor to do so. We erroneously used
the word ``itself'' instead of ``themselves.'' This error is being
corrected.
    On page 27620, in the first column, we discuss the applicability of
the Title II ADA rules to transportation services provided by public
entities. A period omitted at the end of that sentence is being added.
    On page 27651, in the first column, in the first paragraph, we
state that the requirements for information and reservation services
apply to foreign carriers only with respect to flights covered by Sec.
382.5. The correct section reference should be Sec.  382.7. A similar
typographical error is also being corrected on page 27651, in the
second column, in the second paragraph.
    On page 27654, in the first column, where we discuss the issue of
whether a carrier should allow a passenger with a disability to make
brief stops to obtain food and a beverage when assisting in his/her
transfer to the connecting gate, we are correcting two editorial errors
by deleting the word ``would'' from one sentence and the word
``should'' from another sentence.
    On page 27665, in the first column, we discuss the cost incurred by
small foreign carriers related to obtaining boarding equipment. An
incomplete sentence is being corrected. Thus, the language that
appeared as ``mall carrier use the same airport, however, a sharing
arrangement may be more effective'' will read: ``For small carriers
using the same airport, however, a sharing arrangement may be more
effective.''
    On the same page, following the paragraph discussed above, another
typographical error is being corrected by deleting an unnecessary ``a''
from the next sentence.

B. Errors in the Regulatory Text of May 13, 2008, Final Rule

    In Sec.  382.7(f), we state that Sec. Sec.  382.17 through 382.157
generally do not apply to an indirect carrier except insofar as Sec.
382.11(b) applies to such a carrier. By doing so, we inadvertently
omitted the first sentence in this subsection that would have explained
that the general nondiscrimination provisions contained in Sec. Sec.
382.1 through 382.15 do apply to indirect carriers. We are adding a
sentence in Sec.  382.7(f) to make this clear.

    In addition, we are rephrasing the language in Sec.  382.11(b) to
clarify the circumstances where an indirect carrier must comply with
Sec. Sec.  382.17 through 382.157. That is that the indirect carrier
must comply with these sections when it is providing facilities or
services (such as checking in passengers and baggage, or providing
boarding and deplaning assistance) that would have otherwise been
provided by a direct carrier.
    In Sec.  382.23(d), we state the conditions under which a carrier
may require a passenger with a medical certificate to undergo
additional medical review by the carrier. Furthermore, we state that if
the result of the review demonstrates that the passenger may not be
able to complete the flight without extraordinary medical assistance or
the passenger would impose a direct threat to the health or safety of
other persons on the flight, the carrier ``may take an action otherwise
prohibited under Sec.  382.23(a) of this part.'' In this last sentence,
we intended to state that the carrier may take an action otherwise
prohibited under Sec.  382.21(a). Therefore, this sentence is being
corrected accordingly. In addition, we are capitalizing the first
letter in the word ``part'' in the phrase ``of this part'' so that its
form is consistent with the phrase as it is used elsewhere in the rule.
    In Sec.  382.27(a), we state that ``except as provided in * * * and
Sec. Sec.  382.133(c)(3) and 382.133(d)(3), as a carrier you must not
require a passenger with a disability to provide advance notice in
order to obtain services or accommodations required by this Part.'' We
intended to provide that when a passenger with a disability plans to
use a respiratory assistive device onboard, as detailed under Sec.
382.133, the carrier is permitted to require that the passenger provide
up to 48 hours' advance notice. However, we inadvertently referenced
the wrong subsections of Sec.  382.133. Neither Sec.  382.133(c)(3) nor
Sec.  382.133(d)(3) is relevant to the notice issue in question.
Therefore, we are correcting Sec.  382.27(a) to reference the
appropriate provisions in Sec.  382.133, which are Sec. Sec.
382.133(c)(4) and (5) and 382.133(d)(5) and (6).
    In Sec.  382.51(b), we are capitalizing the first letter in the
word ``part'' in the phrase ``in this part'' so that its form is
consistent with the phrase as it is used elsewhere in the rule.
    In Sec.  382.111(e), we state that ``[a]ssistance in stowing and
retrieving carry-on items, including mobility aids and other assistive
devices stowed in the cabin (see also Sec.  382.91(c))'' must be
provided. Section 382.91(c) relates to the carriers' responsibility to
escort passengers with service animals to the service animal relief
area and is not relevant to the substance of Sec.  382.111(e). This
typographical error is being corrected by changing ``382.91(c)'' to
``382.91(d)''.
    In Sec.  382.111(f), we state that a carrier must provide
``[e]ffective communication with passengers who have vision impairments
and/or who are deaf or hard-of-hearing, so that these passengers have
timely access to information the carrier provides to other passengers *
* *.'' Two mistakes are being corrected by this amendment. First, the
use of the term ``and/or'' in Sec.  382.111(f) can be read to require a
carrier to provide deaf-blind passengers onboard the aircraft prompt
access to information on such things as weather, on-board services,
flight delays and connecting gates at the next airport. Contrary to
this construction, we state in the preamble of the rule, on page 27642,
that because communications with deaf-blind passengers regarding
constantly-changing information requires highly specialized training
for the carrier staff, we have determined that it is inappropriate at
this time to require carriers to provide all the information covered in
Sec.  382.119 to deaf-blind passengers, including flight delays,
weather conditions at the flight's destination, and boarding
information, similar to the types of information referred to under
Sec.  382.111(f). This inconsistency was due to an editorial error
which we are correcting by changing the term ``and/or'' in Sec.
382.111(f) to ``or''. Thus, Sec.  382.111(f) applies only to passengers
with a visual or a hearing disability, but not to deaf-blind
passengers.
    We also state in the preamble of the rule, on pages 27640-41, after
reviewing all the comments regarding the use of the term ``prompt''
versus ``timely'' with respect to wheelchair service, we decided to
retain the ``prompt'' standard as we believe ``prompt'' is a clearer
description of the actual standard than ``timely''. Throughout the
relevant provisions in the text of the rule, ``prompt'' is used instead
of ``timely.'' For instance, in Sec.  382.53(a)(1), we require that a
carrier must ensure that passengers with a disability who identify
themselves as persons needing visual or hearing assistance have prompt
access to the same information provided to other passengers at each
gate. In Sec.  382.119(a), we impose on carriers a similar standard for
ensuring that passengers with those disabilities receive prompt access
to the same information provided to other passengers onboard the
aircraft. We inadvertently used the term ``timely'' in Sec.
382.111(f), which renders the provision in this subsection inconsistent
with our stated intention and the other provisions in the rule.
Therefore, the term ``timely'' in Sec.  382.111(f) is being changed to
``prompt.''
    In the rule as published in the Federal Register on May 13, 2008,
Sec. Sec.  382.151, 382.153, and 382.155 refer to ``a carrier providing
scheduled service or a carrier providing nonscheduled service using
aircraft with 19 or more passenger seats * * *.'' The words
``scheduled'' and ``nonscheduled'' do not add to the meaning of these
sentences as the phrase ``using aircraft with 19 or more passenger
seats'' applies to both scheduled and nonscheduled services.
Consequently, we are striking the distinction between scheduled and
nonscheduled service so that these provisions simply refer to ``* * * a
carrier providing service using aircraft with 19 or more passenger
seats * * *.''
    In Sec.  382.151(c)(1), we state that when a passenger raises a
disability-related complaint or concern, the carrier personnel must
``immediately inform the passenger of the right to contact a CRO and
then contact a CRO on the passenger's behalf or provide the passenger a
means (e.g., a phone, a phone card plus the location and/or phone
number of the CRO available at the airport).'' In order to make the
sentence complete, the phrase ``to do so'' is added after the phrase
``provide the passenger a means.''

III. Rulemaking Procedures

    Pursuant to section 553(b) of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)), the Department can waive prior notice and
opportunity for public comment on this action if it finds that notice
and comment procedures are impracticable, unnecessary, or contrary to
the public interest, and incorporates a statement of the finding and
the reasons therefore in the notice. The revisions contained in this
notice correct typographical and technical errors, omissions, and
unclear language in the final rule. These corrections are necessary to
ensure the clarity and accuracy of the final rule. Since all are minor
and non-substantive, public comments on these revisions are
unnecessary. Therefore, we find good cause to waive notice and comment
procedures.

IV. Correction of Errors

    In the preamble of the final rule published on Tuesday, May 13,
2008, 73 FR 27614, the following corrections are made:

A. Corrections to the Preamble

    1. On page 27619, in the third column, in the 11th line, replace
the

word ``itself'' with the word ``themselves''.
    2. On page 27620, in the first column, in the 42nd line, add a
period followed by two spaces between ``airport)'' and ``DOT's''.
    3. On page 27651, in the first column, in the 11th line, replace
``382.5'' with ``382.7.''
    4. On the same page, in the second column, in the 27th line,
replace ``382.5'' with ``382.7.''
    5. On page 27654, in the first column, in the 29th and the 30th
lines, delete the first word ``would'' from the phrase ``if doing so
would would not result'' so it reads ``if doing so would not result''.
    6. On the same page in the same column, in the 34th line, delete
the word ``should'' from the phrase ``service would should allow'' so
it reads ``service would allow''.
    7. On page 27665, in the first column, in the 35th and the 36th
lines, revise the phrase ``mall carrier use the same airport'' so it
reads ``Small carriers using the same airport. * * *''
    8. On the same page, in the same column, in the 50th line, delete
the word ``a'' that was between the words ``the'' and ``present'' so
the phrase reads ``the present value''.

B. Corrections to the Final Rule

List of Subjects in 14 CFR Part 382

    Air carriers, Consumer protection, Individuals with disabilities,
Reporting and recordkeeping requirements.

0
Accordingly, 14 CFR Part 382 is corrected by making the following
correcting amendments:

PART 382--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR
TRAVEL; STOWAGE OF WHEELCHAIRS, OTHER MOBILITY AIDS, AND OTHER
ASSISTIVE DEVICES

0
1. The authority citation for Part 382 continues to read as follows:

    Authority: 49 U.S.C. 41705.

0
2. In Sec.  382.7, revise paragraph (f) to read as the follows:

Sec.  382.7  To whom do the provisions of this Part apply?

* * * * *
    (f) If you are an indirect carrier, Sec. Sec.  382.1 through 382.15
of this Part apply to you. Sec. Sec.  382.17 through 382.157 of this
Part do not apply to you except insofar as provided by Sec.  382.11(b).
* * * * *
0
3. In Sec.  382.11, revise paragraph (b) to read as the follows:

Sec.  382.11  What is the general nondiscrimination requirement of this
Part?

* * * * *
    (b) As an indirect carrier, you must comply with Sec. Sec.  382.17
through 382.157 of this Part when providing facilities or services to
passengers that would have otherwise been provided by a direct air
carrier.

0
4. In Sec.  382.23, revise the last sentence of paragraph (d) to read
as the follows:

Sec.  382.23  May carriers require a passenger with a disability to
provide a medical certificate?

* * * * *
    (d) * * * If the results of this medical review demonstrate that
the passenger, notwithstanding the medical certificate, is likely to be
unable to complete the flight without requiring extraordinary medical
assistance (e.g., the passenger has apparent significant difficulty in
breathing, appears to be in substantial pain, etc.) or would pose a
direct threat to the health or safety of other persons on the flight,
you may take an action otherwise prohibited under Sec.  382.21(a) of
this Part.

0
5. In Sec.  382.27, revise paragraph (a) to read as the follows:

Sec.  382.27  May a carrier require a passenger with a disability to
provide advance notice in order to obtain certain specific services in
connection with a flight?

    (a) Except as provided in paragraph (b) of this section and
Sec. Sec.  382.133(c)(4) and (5) and 382.133 (d)(5) and (6), as a
carrier you must not require a passenger with a disability to provide
advance notice in order to obtain services or accommodations required
by this Part.
* * * * *

Sec.  382.51  [Amended]

0
6. In Sec.  382.51, amend the last sentence of paragraph (b) by
replacing the word ``part'' with ``Part''.

0
7. In Sec.  382.111, revise the first sentence of paragraph (e) and
revise paragraph (f) to read as the follows:

Sec.  382.111  What services must carriers provide to passengers with a
disability on board the aircraft?

* * * * *
    (e) Assistance in stowing and retrieving carry-on items, including
mobility aids and other assistive devices stowed in the cabin (see also
382.91(d)). * * * .
    (f) Effective communication with passengers who have vision
impairments or who are deaf or hard-of-hearing, so that these
passengers have prompt access to information the carrier provides to
other passengers (e.g. weather, on-board services, flight delays,
connecting gates at the next airport).

0
8. In Sec.  382.151, revise paragraph (a) and amend paragraph (c)(1) by
adding the phrase ``to do so'' after the phrase ``provide the passenger
a means'' to read as follows:

Sec.  382.151  What are the requirements for providing Complaints
Resolution Officials?

    (a) As a carrier providing service using aircraft with 19 or more
passenger seats, you must designate one or more CROs.
* * * * *

0
9. In Sec.  382.153, revise the introductory text to read as the
follows:

Sec.  382.153  What actions do CROs take on complaints?

    When a complaint is made directly to a CRO for a carrier providing
service using aircraft with 19 or more passenger seats, the CRO must
promptly take dispositive action as follows:
* * * * *

0
10. In Sec.  382.155, revise paragraph (a) by eliminating the reference
to scheduled and nonscheduled services so the pertinent language reads
as follows:

Sec.  382.155  How must carriers respond to written complaints?

    (a) As a carrier providing service using aircraft with 19 or more
passenger seats, you must respond to written complaints received by any
means (e.g., letter, fax, e-mail, electronic instant message)
concerning matters covered buy this Part.
* * * * *

    Issued on July 21, 2010 at Washington, DC, under authority
delegated in 49 CFR 1.57(j).
Robert S. Rivkin,
General Counsel.
[FR Doc. 2010-18531 Filed 7-29-10; 8:45 am]
BILLING CODE 4910-9X-P