SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NESHAP for Gasoline Distribution Facilities ( Stage I) ( 40 CFR part 63, subpart R)

1. Identification of the Information Collection 1( a) Title of the Information Collection NESHAP for Gasoline Distribution Facilities ( Stage I) ( 40 CFR part 63, subpart R)

1( b) Short Characterization/ Abstract The National Emission Standards for Hazardous Air Pollutants ( NESHAP), for the regulations published at 40 CFR part 63, subpart R were promulgated on December 14, 1994. The standards were revised on June 26, 1995, to correct errors in the printing of the emission screening equation in the final standards, and amended on February 29, 1996, to extend the initial compliance date for the equipment leak standard. The standards were amended again June 12, 1996, to clarify the coverage of gasoline loading racks at refineries with through puts greater than 75,700 liters/ day. Updated direct final standards were promulgated on February 28, 1997, to implement a proposed settlement with the American Petroleum Institute.

These regulations apply to facilities that are new or existing bulk gasoline terminals with through puts greater than 75,700 liters/ day and new or existing pipeline breakout stations commencing construction, modification or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 63, subpart R.

In general, all NESHAP standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NESHAP. Specifically, data is being collected on performance of the continuous monitoring systems for gasoline vapor and related hazardous air pollutants ( HAPs), any excess emissions, and any operating parameter exceedances. This data is entered into the AFS database.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. 2 Approximately 263 sources are currently subject to the regulation, and it is estimated that no new sources per year will become subject to the regulation in the next three years. The estimated respondent burden for this information collection request ( ICR) is 32,575 hours at a cost of $ 2,089,053.

In the development of this Information Collection Request ( ICR), we reviewed the Office of Management and Budget ( OMB) " Terms of Clearance" ( TOC) section on the active ICR. The TOC section stated:

This collection is approved for three years, subject to the following terms of clearance. OMB notes that the ICR does not include a request to collect information from new sources. Therefore, any collection of information from new sources during the approval period is not approved. EPA will need to submit a revision to the collection before collecting information from any new sources pursuant to the gasoline distribution NESHAP. OMB also notes that prior to revising or renewing this collection, EPA should ensure that it has used appropriate wage rates, and that wage rates are properly loaded.

Regarding the above terms of clearance, this industry has not experienced any growth in the past three years and that trend is predicted to continue. This may be tied to the entire gasoline development and distribution infrastructure being static ( there have been no new refineries built since the 1980s). The wage rates used are the most recent rates from the Department of Commerce.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction.

In addition, Section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control 3 equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, benzene ( a known human carcinogen) and the toxic nature of the other 10 hazardous air pollutants ( HAPs) emitted from gasoline distribution facilities cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR part 63, subpart R.

2( b) Practical Utility/ Users of the Data The control of emissions of HAPs from gasoline distribution facilities requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of HAPs from gasoline distribution facilities are the result of operation of the affected facilities. The subject standards are achieved by the reduction of HAP emissions using a vapor collection system and a continuous monitoring system, which can include carbon absorption systems; refrigerant condenser systems; thermal oxidation systems; flares; monitoring an alternative operating parameter that demonstrates continuous compliance with the emission standard; implementation of leak detection and repair procedures; and securing the necessary documentation to assure that each gasoline tank truck loaded is vapor tight. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the vapor collection and processing system is properly installed and operated; the leaks are being detected and repaired, and the regulations are being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NESHAP continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 63, subpart R. 4 3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on May 19, 2003 ( 68 FR 27059). No comments were received on the burden published in the Federal Register.

3( c) Consultations The number of respondents was determined from a data query of the Aerometric Information Retrieval System ( AIRS) Facility Subsystem ( AFS), discussions with EPA Regional staff, and Office of Enforcement and Compliance Assurance staff working on projects relating to the petroleum sector. The bulk terminal and pipeline breakout station reporting and recordkeeping requirements were discussed with numerous representatives of the petroleum marketing industry ( including owners of pipeline breakout stations) during the development of the NSPS for bulk terminals, during the development of national standards for benzene emissions from gasoline marketing operations, and during this NESHAP development.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines These standards require affected facilities to maintain all records, including reports and notifications, for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five year records retention requirement is consistent with the Part 70 permit program and the five year statute of limitations on which the permit program is 5 based. Also, the retention of records for five years would allow EPA to establish the compliance history of a source and any pattern of compliance for purposes of determining the appropriate level of enforcement action. Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five years. EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if records were retained for less than five years. None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC and NAICS Codes The respondents to the recordkeeping and reporting requirements are Standard SIC Codes NAICS Codes 40 CFR part 63, subpart R 4226 49311 4400 48311 48312 5169 42269 5171 454311 454312 42271 6 5172 42272 4( b) Information Requested ( i) Data Items All data in this ICR that is recorded and/ or reported is required by NESHAP 40 CFR part 63, subpart R.

A source must make the following reports:

Notification Reports Notification of facility subject to relevant standard 63.9( b)( 2) and 63.9( b)( 3)

Notification of anticipated construction or reconstruction of a source subject to the relevant standard not later than 180 days prior to commencement of construction or reconstruction 63.9( b)( 5) and Notification of anticipated date of initial startup not more than 60 days nor less than 30 days prior to such date 63.9( b)( 4)( iv)

Notification of construction or reconstruction not later than 30 days after the change is commenced 63.9( b)( 4)( iii)

Notification of anticipated date of initial startup not more than 60 days nor less than 30 days prior to such date 63.9( b)( 4)( iv)

Notification of the actual date of startup, within 15 days after such date 63.9( b)( 4)( v)

Notification of performance tests at least 60 days prior to the date of a performance test 63.7( a) and 63.9( e)

Notification of installation of a new control device or reconstruction of an existing control device within 180 days before the installation or reconstruction is planned to commence 63.5( b)( 6) and 63.5( d)( 1) 7 Notification Reports A request for an extension of compliance report must be submitted if the owner or operator cannot comply with the standards by the designated date 63.9( c)

Reports Semi annual reports stating exceedances of the monitored operating parameters 63.428( g)( 1)

Semi annual reports stating that established parameters have not been exceeded 63.428( i)

Semi annual reports on excess emissions 63.428( h)

Annual reports stating non applicability of the regulation are required from area sources within 50 percent of the major source threshold 63.428( i)

A source must keep the following records:

Recordkeeping Maintain records at new and existing facilities, of monthly visual inspection data on gasoline transfer and vapor collection and processing equipment 63.428( e) and ( f)

Maintain and keep up to date records on cargo tank vapor tightness 63.428( b)

Maintain records of the annual inspections of storage vessels 60.115( b)

Continuously monitor and record operating parameter monitoring data 63.428( c)( 1)

Records are required to be retained for 5 Years 63.10( b), 63.428( d) 8 ( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate continuous monitoring systems ( CMS) for pressure drop and liquid supply pressure for the external floating roof. Install, calibrate, maintain, and operate vapor collection and processing system for loading racks. Inspect storage tanks seals and seal gaps. Inspect cargo tanks.

Perform initial performance test ( Method 21 and Method 27), and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information. 9 Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS).

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data. The records required by this regulation must be retained by the owner or operator for five years.

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( i. e., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. Construction, modification, and reconstruction reports take very little time to complete and are filed only once. Equipment leak monitoring and storage vessel inspection 10 records are brief and tank truck vapor tightness documentation will be supplied by cargo tank operators and kept at the terminal for each tank currently using the terminal.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1A. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals, and Table 1B. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Pipeline Breakout Stations.

6. Estimating the Burden and Cost of the Collection Tables 1A and 1B document the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 32,575 ( 31,797 hours for Bulk Gasoline Terminals and 778 hours for Pipeline Breakout Stations). Further detail on this burden can be found below. These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

( i) Bulk Gasoline Terminals The average annual burden for bulk gasoline terminals over the next three years from these recordkeeping and reporting requirements is estimated at 31,797 person hours, as indicated in Table 1A. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received about time to prepare reports. 11 For the purposes of these estimates, a controlled bulk terminal is one that has a vapor processor installed at its loading racks which complies with an emission limit of 80 milligrams of total organic compounds per liter of gasoline loaded. Cargo tanks that are presently required to have annual vapor tightness tests are classified as currently tested. The number of terminals estimated to be constructed or changed was based on industry growth projections.

NUMBER OF EMISSION SOURCES AT BULK TERMINALS SUBJECT TO THE NESHAP Source Type Total Major* Only Number of Bulk Terminals 1,024 243 Number of Loading Racks Controlled Meeting 10 mg/ l Meeting NSPS level Meeting CTG level Uncontrolled 1,024 727 338 123 266 297 243 131 61 22 48 112 Number of Cargo Tanks Currently tested Not tested 43,900 31,169 12,731 10,439 7,412 3,027 Number of Storage Tanks Meeting NSPS & CTG levels External floating roof tanks with primary seals Uncontrolled fixed roof tanks 8,032 4,534 2,426 1,072 1,910 1,078 577 255 Number of Equipment Components**

100,000 gal/ day facility 250,000 gal/ day facility 500,000 gal/ day facility 1,000,000 gal/ day facility Pump Seals 10 15 15 20 Valves 290 350 450 500 * " Major" sources are those that emit 10 tons/ year or more of a listed pollutant or 25 tons or more of a combination of pollutants.

** Varies by facility. Values presented are model plant estimates. Additional components ( e. g., open ended lines and connectors) are not shown here. 12 ( ii) Pipeline Breakout Stations The average annual burden for pipeline breakout stations over the next three years from these recordkeeping and reporting requirements is estimated at 778 person hours, as indicated in Table 1B. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received about the time needed to prepare reports.

NUMBER OF EMISSION SOURCES AT PIPELINE BREAKOUT STATIONS SUBJECT TO THE NESHAP Source Type Total Major* Only Number of Breakout Stations 270 20 Number of Storage Tanks Meeting NSPS & CTG levels External floating roof tanks with primary seals Uncontrolled fixed roof tanks 3,300 1,639 1,288 373 244 121 95 28 Number of Equipment Components**

Stations with 10 storage tanks Stations with 15 storage tanks Pump Seals 20 35 Valves 2,640 7,920 * " Major" sources are those that emit 10 tons/ year or more of a listed pollutant or 25 tons or more of a combination of pollutants.

** Varies by facility. Values presented are model plant estimates. Additional components are not shown here.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a Technical Labor Rate of $ 64.13 per hour. This rate is from the United States Department of Labor, Bureau of Labor Statistics, June 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rate has been increased by 110% to account for the benefit packages available to those employed by private industry. 13 ( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activities in the subject standard( s) are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor( s) and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A)

Continuous Monitoring Device ( B)

Capital/ Startu p Cost for One Respondent ( C)

Number of New Respondents ( D)

Total Capital/ Startu p Cost, ( B X C) ( E)

Annual O& M Costs for One Respondent ( F)

Number of Respondents with O& M ( G)

Total O& M, ( E X F)

CMS for pressure drop and liquid supply pressure 0 0 0 $ 3,500 243 $ 850,500 ( rounded to $ 851,000)

The total capital/ startup costs for this ICR are $ 0. This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 851,000. This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 851,000. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars. 14 6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 213,644 [ See Tables 2A and 2B]. This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49.

These rates are from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay. These rates can be obtained from the OPM website, http// www. opm. gov/ oca/ payrates/ index/ htm. Details upon which this estimate is based appear in Table 2A. Annual Federal Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals; and Table 2B. Annual Federal Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Pipeline Breakout Stations, below.

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 263 existing sources are currently subject to the standard. It is estimated that no new sources per year will become subject to the regulation in the next three years. Number of respondents is calculated using the following table which addresses the three years covered by this ICR. 15 Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A)

Number of New Respondents ( B)

Number of Existing Respondents ( C)

Number of Existing Respondents that keep records but do not submit reports ( D)

Number of Existing Respondents That Are Also New Respondents ( E)

Number of Respondents ( E= A+ B+ CD

1 0 263 0 0 263 2 0 263 0 0 263 3 0 263 0 0 263 Average 0 263 0 0 263 To avoid double counting respondents column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is 263. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

Respondent Universe and Number of Responses Per Year Regulation Citation ( A) Average Number of New Respondents per Year ( B) Number of Reports for New Sources ( C) Number of Existing Respondents ( D) Number of Reports for Existing Sources ( F) Number of Respondents that keep records but do not submit reports ( E) Total Annual Responses = ( AxB)+( CxD)+ F 40 CFR part 63, subpart R: Bulk Gasoline Terminals 0 0 243 2 0 486 40 CFR part 63, subpart R: Pipeline Breakout Stations 0 0 20 2 0 40 16 Respondent Universe and Number of Responses Per Year TOTAL 0 0 263 2 0 526 The number of Total Annual Responses is 526. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 2,089,053. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1A. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals; and Table 1B. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Pipeline Breakout Stations.

Note that the total annual capital and O& M costs to the regulated entity are $ 851,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours And Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents appear below. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 62 hours per response.

6( f) Reasons for Change in Burden Burden hours remain unchanged. However, the increase in industry burden cost from the most recently approved ICR is due to updated labor rates found in the United States Department of Labor, Bureau of Labor Statistics, June 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation."

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 62 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying 17 information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The OMB control numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2003 0020, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue., N. W., Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2003 0020 and OMB control number 2060 0325 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. Table 1A. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals 18 Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents/ Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) ( F) a 1. Applications NA 2. Surveys & studies NA 3. Reporting requirements A. Read instructions 2 1 2 243 486 31,167 B. Required activities Initial performance test 175 1 1 0 0 0 Repeat performance test 175 1 1 0 0 0 Storage tank seal and seal gap inspections b 16 1 16 122 1,952 125,182 C. Create information see 3B D. Gather information see 3B E. Report preparation Initial notification 3 1 3 0 0 0 Notification of compliance status 4 1 4 0 0 0 SUBTOTAL 2,438 156,349 Table 1A. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals 19 Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents/ Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) ( F) a Semiannual reports c 10 2 20 97 1,940 124,412 Notification of construction/ reconstruction 2 1 2 15 30 1,924 Notification of anticipated startup 2 1 2 5 10 641 Notification of actual startup 2 1 2 5 10 641 Notification of perf. test and CMS evaluation 4 1 4 28 112 7,183 Area source reporting of compliance d 1 1 1 391 391 25,075 4. Recordkeeping requirements A. Read instructions see 3A B. Plan activities see 4C C. Implement activities File cargo tank inspection records f 0.5 26 13 146 1,898 121,719 SUBTOTAL 4,391 281,595 Table 1A. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals 20 Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents/ Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) ( F) a Update cargo tank inspection records f 6 1 6 146 876 56,178 Cross check cargo tank inspection file f 6 26 156 146 22,776 1,460,625 D. Develop record system 8 1 8 0 0 0 E. Record information Record equipment subject to visual inspection requirements 1 1 1 0 0 0 Record equipment leak data 0.1 4 0.4 243 97 6,221 Record storage tank seal inspections 1 1 1 122 122 7,824 Record startups, shutdowns, and Malfunctions 1 4 4 122 488 31,295 Area source recordkeeping e 0.25 1 0.25 391 98 6,285 F. Personnel training 1 1 1 97 97 6,221 G. Time for audits 6 1 6 69 414 26,550 SUBTOTAL 24,968 1,601,199 Table 1A. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals 21 Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents/ Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) ( F) a TOTAL BURDEN AND COST 31,797 2,039,143 a Assumes an hourly wage of $ 64.13 per hour for Technical. This rate is from the United States Department of Labor, Bureau of Labor Statistics, June 2003, " Table 10. Private industry by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate has been increased by 110% to account for the benefit packages available to those employed by private industry.

b Assumes that 50% of the 243 estimated major source facilities are currently subject to requirements equivalent to the VOL Storage NSPS ( 40 CFR part 60, subparts K, Ka, and Kb) or storage tank CTG's.

c Assumes that 40% of the 243 estimated major source facilities are currently subject to requirements equivalent to the Bulk Gasoline Terminal NSPS ( 40 CFR part 60, subpart XX).

d Assumes that 50% of area sources will be within 50% of major source threshold criteria and will be required to submit annual certification of area source status reports [( 1024  243)/ 2 = 391 facilities].

e Assumes that 50% of area sources ( 391 facilities) will be required to keep annual records of their area source status using the screening equation.

f Assumes that 60% of the 243 estimated major source facilities are required to maintain cargo tank implementation files. Table 1B. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Pipeline Breakout Stations 22 Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents/ Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) ( F) a 1. Applications NA 2. Surveys & studies NA 3. Reporting requirements A. Read instructions 1 1 1 20 20 1,283 B. Required activities Initial performance test NA Storage tank seal and seal gap inspections b 16 1 16 10 160 10,261 C. Create information see 3B D. Gather information see 3B E. Report preparation Initial notification 2 1 2 0 0 0 Notification of compliance status 8 1 8 0 0 0 SUBTOTAL 180 11,544 Table 1B. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Pipeline Breakout Stations 23 Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents/ Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) ( F) a Semiannual reports 8 2 16 20 320 20,522 Notification of construction/ reconstruction 2 1 2 2 4 257 Notification of anticipated startup 2 1 2 1 2 128 Notification of actual startup 2 1 2 1 2 128 Notification of performance test and CMS evaluation NA Area source reporting of compliance c 1 1 1 125 125 8,016 4. Recordkeeping requirements A. Read instructions see 3A B. Plan activities see 3B C. Implement activities see 3B D. Develop record system 8 1 8 0 0 0 E. Record information SUBTOTAL 453 29,051 Table 1B. Annual Respondent Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Pipeline Breakout Stations 24 Requirements Hours/ Occurr. ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C= AxB) Respondents/ Year ( D) Hours/ Year ( E= CxD) Cost/ Year ($) ( F) a Record equipment subject to visual inspection requirements 1 1 1 0 0 0 Record equipment leak data 0.1 12 1.2 20 24 1,539 Record storage tank seal inspections 1 1 1 10 10 641 Record startup, shutdowns, and malfunctions 1 4 4 10 40 2,565 Area source recordkeeping d 0.25 1 0.25 125 31.25 2,004 F. Personnel training 1 1 1 20 20 1,283 G. Time for audits 4 1 4 5 20 1,283 SUBTOTAL 145.2 9,315 TOTAL BURDEN AND COST 778.2 49,910 a Assume an hourly wage of $ 64.13 per hour for Technical. This rate is from the United States Department of Labor, Bureau of Labor Statistics, June 2003, " Table 10. Private industry by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate has been increased by 110% to account for the benefit packages available to those employed by private industry.

b Assumes that 50% of the 20 estimated existing major source facilities are currently subject to requirements equivalent to the VOL Storage NSPS ( 40 CFR part 60, subparts K, Ka, and Kb) or storage tank CTG's.

c Assumes that 50% of area source facilities will be within 50% of major source threshold criteria and will be required to submit annual certification of area source status reports [( 270  20)/ 2 = 125 facilities].

d Assumes that 50% of area source facilities will be required to keep annual records of their area source status using the screening equation. 25 Table 2A. Annual Federal Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Bulk Gasoline Terminals Activity EPA Hours/ Occurrence ( A) Occurrences / Plant/ Year ( B) EPA Hours/ Plant/ Year ( C = A x B) Plants/ Year ( D) EPA Hours/ Year ( E = C x D) Cost/ Year ($) ( F) d Review initial notification 1 0 0 0 0 Review notification of compliance status 10 0 0 0 0 Review semiannual reports 10 1 10 486 4,860 191,921 Review notification of constr./ reconstr. a 0 0 0 0 0 Review notification of anticipated startupa 0 0 0 0 0 Review notification of actual startupa 0 0 0 0 0 Review notification of perf. test and CMS evaluation 1 0 0 0 0 Attend initial performance testb 8 0 0 0 0 Attend repeat performance testc 8 0 0 0 0 TOTAL BURDEN AND COST ( Salary) 4,860 191,921 a Activity already accounted for by the Bulk Gasoline Terminal NSPS ( 40 CFR 60, subpart XX).

b Assumes EPA personnel attend 10% of all performance tests [ only tests not covered by Bulk Gasoline Terminal NSPS ( 40 CFR 60, subpart XX) are accounted for here].

c Assumes that 10% of performance tests must be repeated. 26 d Hourly wage is based on average of a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49. 27 Table 2B. Annual Federal Burden and Cost, National Emission Standards for Hazardous Air Pollutants subpart R: Gasoline Distribution Facilities ( Stage I), Pipeline Breakout Stations Activity EPA Hours/ Occurrence ( A) Occurrences / Plant/ Year ( B) EPA Hours/ Plant/ Year ( C = A x B) Plants/ Year ( D) EPA Hours/ Year ( E = C x D) Cost / Year ($) ( F) b Review initial notification 1 0 0 0 0 0 Review notification of compliance status 8 0 0 0 0 0 Review semiannual reports 8 36 288 1 288 11,373 Review notification of construction/ reconstruction a 0 0 0 0 0 0 Review notification of anticipated startup a 0 0 0 0 0 0 Review notification of actual startup a 0 0 0 0 0 0 TOTAL BURDEN AND COST 288 11,373 Travelc 10,350 TOTAL ANNUAL COST 213,644 a Activity already accounted for by the Organic Liquid Storage NSPS ( 40 CFR part 60, subparts K, Ka, and Kb).

b Hourly wage is based on average of a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49.

c Travel cost based on 23 one day trips for one person at $ 400 per round trip plus $ 50 per diem.


[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65206-65208]
[FR Doc No: 2013-24035]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0491; Directorate Identifier 2008-SW-012-AD;
Amendment 39-17609; AD 2013-20-03]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
(Bell) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bell Model 430 helicopters. This AD requires installing a placard on
the instrument panel and revising the limitations section of the
rotorcraft flight manual (RFM). This AD was prompted by several
incidents of third stage engine turbine wheel failures, which were
caused by excessive vibrations at certain engine speeds during steady-
state operations. These actions are intended to alert pilots to avoid
certain engine speeds during steady-state operations, prevent failure
of the third stage engine turbine, engine power loss, and subsequent
loss of control of the helicopter.

DATES: This AD is effective December 5, 2013.

    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of December 5,
2013.

ADDRESSES: For service information identified in this AD, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the foreign authority's AD,
any incorporated-by-reference service information, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (phone:<PHONE_NUMBER>) is U.S.
Department of Transportation, Docket Operations Office, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Chinh Vuong, Aviation Safety Engineer,
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On June 7, 2013, at 78 FR 34290, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 by adding an AD that would apply to Bell Model 430 helicopters,
serial number 49001 through 49111. The NPRM proposed to require
installing a placard on the instrument panel and revising the Operating
Limitations section of the Model 430 RFM to limit steady-state
operation between speeds of 71% and 91%. The proposed requirements were
intended to alert pilots to avoid certain engine speeds during steady-
state operations, prevent failure of the third stage engine turbine,
engine power loss, and subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. CF-2005-25, dated July 5, 2005,
issued by Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada. TCCA issued AD No. CF-2005-25 to correct an
unsafe condition for Model 430 helicopters. TCCA advises that several
failures of third stage turbine wheels used in Rolls Royce 250-C30S and
250-C47B engines and that a similar turbine wheel is installed on the
250-C40B engine used by Bell on Model 430 helicopters. According to
TCCA, Rolls Royce has determined that detrimental vibrations can occur
within a particular range of turbine speeds, and may be a contributing
factor to these failures. Bell has revised the operating limitations of
the RFM and provided a corresponding decal on the instrument panel to
inform pilots to avoid steady-state operations between 71% and 91%
turbine speeds.
    The TCCA AD requires amending the RFM, advising pilots of the
change, and installing a decal as described in Bell Alert Service
Bulletin (ASB) No. 430-05-34, dated June 10, 2005 (ASB 430-05-34).

Comments

    After our NPRM (78 FR 34290, June 7, 2013) was published, we
received comments from one commenter.

Request

    Rolls-Royce Corporation requested that in addition to requiring the
placard on the instrument panel, we allow operators the option to
temporarily mark the Nr/Np gauge with colored
tape, to provide a more visual aide to the pilot for the speed
avoidance zone.
    We disagree. Marking the glass surface of the gauge can create
parallax issues when viewing the avoidance ranges on the gauge,
resulting in erroneous readings.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, TCCA, its technical
representative, has notified us of the unsafe condition described in
the TCCA AD. We are issuing this AD because we evaluated all
information provided by TCCA, reviewed the relevant information,
considered the comment received, and determined the unsafe condition
exists and is likely to exist or develop on other helicopters of the
same type design and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the TCCA AD

    The TCCA AD requires compliance within 10 calendar days, while this
AD requires compliance within 30 days.

Related Service Information

    Bell has issued ASB 430-05-34, which contains procedures for
installing a placard on the instrument panel and for inserting the RFM
changes into the flight manual.

Costs of Compliance

    We estimate that this AD will affect 37 helicopters of U.S.
Registry. Based on an average labor rate of $85 per hour, we estimate
that operators will incur the following costs in order to comply with
this AD. Amending the RFM requires about 0.5 work-hour, for a cost per
helicopter of about $43 and a cost to U.S. operators of $1,591.
Installing the decal requires about 0.2 work-hour and required parts
cost $20, for a cost per helicopter of $37 and a cost to U.S. operators
of $1,369. Based on these estimates, the total cost of this AD will be
$80 per helicopter and $2,960 for the U.S. operator fleet.

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.
    We are 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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-20-03 Bell Helicopter Textron Canada Limited (Bell): Amendment
39-17609; Docket No. FAA-2013-0491; Directorate Identifier 2008-SW-
012-AD.

(a) Applicability

    This AD applies to Bell Model 430 helicopters, serial number
49001 through 49111, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a third stage turbine
vibration, which could result in turbine failure, engine power loss,
and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective December 5, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 30 days:
    (1) Revise the Operating Limitations section of the Model 430
Rotorcraft Flight Manual by inserting Section 1, Limitations, page
1-7, of Bell BHT-430-FM-1, revision 18, dated September 1, 2009.
    (2) Install placard part number 230-075-213-113, or equivalent,
on the instrument panel directly below the pilot audio select panel.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Chinh Vuong, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Bell Alert Service Bulletin No. 430-05-34, dated June 10,
2005, which is not incorporated by reference, contains additional
information about the subject of this AD. For service information
identified in this AD, contact Bell Helicopter Textron Canada
Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone
(450) 437-2862 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/. You may review a copy of the service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    (2) The subject of this AD is addressed in Transport Canada
Civil Aviation (TCCA) AD No. CF-2005-25, dated July 5, 2005. You may
view the TCCA AD on the internet in the AD Docket at http://www.regulations.gov.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 7250: Turbine
Section.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Page 1-7 of Section 1, Limitations, of Bell Rotorcraft
Flight Manual BHT-430-FM-1, revision 18, dated September 1, 2009.
    (ii) Reserved.
    (3) For Bell service information identified in this AD, contact
Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>;
fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on September 18, 2013.
Scott A. Horn,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2013-24035 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40371-40373]
[FR Doc No: 2021-15950]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0570; Project Identifier 2019-SW-091-AD]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leonardo S.p.a. Model AW169 helicopters. This proposed AD
was prompted by a report of a broken adjustable device that is part of
the pilot and co-pilot yaw pedal assemblies. This proposed AD would
require modification of the pilot and co-pilot yaw pedal assemblies, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). 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 September
13, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view the EASA material at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of the
EASA material at the FAA, call<PHONE_NUMBER>. The EASA material is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0570.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0570; 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 EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

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

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 ADDRESSES. Include ``Docket No. FAA-2021-0570; Project Identifier
2019-SW-091-AD'' 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 proposal 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 Jacob
Fitch, Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0252, dated October 10, 2019
(EASA AD 2019-0252), to correct an unsafe condition for Leonardo S.p.A.
(formerly Finmeccanica S.p.A and AgustaWestland S.p.A) Model AW169
helicopters, all serial numbers. Although EASA AD 2019-0252 applies to
all Model AW169 helicopters, this proposed AD would apply to
helicopters with an affected part installed instead.
    This proposed AD was prompted by a report of a broken adjustable
device that is part of the pilot and co-pilot yaw pedal assemblies. The
results of the investigations determined that a modification of the
pilot and co-pilot yaw pedal assemblies is required to prevent this
kind of failure. The modification includes installing additional end
stroke stops on the yaw pedal assemblies by replacing the existing
bolts with bolts having a longer grip to house a wider washer that acts
as an additional stop in case of a yaw pedal adjuster failure. The FAA
is proposing this AD to address failure of a yaw pedal adjuster, which
could result in reduced yaw control of the helicopter. See EASA AD
2019-0252 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0252 requires modification (rework) of the affected
pilot and co-pilot assemblies and re-identification of each affected
part after it has been modified. EASA AD 2019-0252 also provides an
option to replace an affected part with a non-affected part instead of
doing the modification.
    This material 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 and Requirements of This Proposed AD

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0252, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use certain civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2019-0252 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2019-0252 in its entirety, through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2019-0252 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2019-
0252. Service information specified in EASA AD 2019-0252 that is
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0570 after the FAA final rule is published.

Interim Action

    The FAA considers this proposed AD would be an interim action. If
final action is later identified, the FAA might consider further
rulemaking then.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 7 helicopters 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        product        operators
----------------------------------------------------------------------------------------------------------------
Modify and re-identify affected parts.  2 work-hours x $85 per              $510            $680          $4,760
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

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:

Leonardo S.p.a.: Docket No. FAA-2021-0570; Project Identifier 2019-
SW-091-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters,
certificated in any category, with an affected part as identified in
European Union Aviation Safety Agency (EASA) AD 2019-0252, dated
October 10, 2019 (EASA AD 2019-0252).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft
Flight Control.

(e) Unsafe Condition

    This AD was prompted by a report of a broken adjustable device
that is part of the

pilot and co-pilot yaw pedal assemblies. The FAA is issuing this AD
to address failure of a yaw pedal adjuster, which could result in
reduced yaw control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0252.

(h) Exceptions to EASA AD 2019-0252

    (1) Where EASA AD 2019-0252 refers to flight hours (FH), this AD
requires using hours time-in-service.
    (2) Where EASA AD 2019-0252 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2019-
0252 specifies to discard certain parts, this AD requires removing
those parts from service.
    (4) The ``Remarks'' section of EASA AD 2019-0252 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0252
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are prohibited.

(k) 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 (l)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For EASA AD 2019-0252, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may view this
material at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0570.
    (2) For more information about this AD, contact Jacob Fitch,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
    Issued on July 11, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-15950 Filed 7-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Page 24739]
[FR Doc No: 2014-09985]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4166-DR; Docket ID FEMA-2014-0003]

South Carolina; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Carolina (FEMA-4166-DR), dated March 12, 2014,
and related determinations.

DATES: Effective Date: April 8, 2014.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of South Carolina is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of March 12, 2014.
    Lexington County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-09985 Filed 4-30-14; 8:45 am]
BILLING CODE 9111-23-P