[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Rules and Regulations]
[Pages 22305-22308]
[FR Doc No: 2011-9283]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1271; Directorate Identifier 2010-NM-187-AD;
Amendment 39-16667; AD 2011-09-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 777-200, -300,
and -300ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires installing an auto shutoff
feature for the center override/jettison fuel pumps, and installing
power control circuitry for the center override/jettison and main
jettison fuel pumps. This AD also requires installing new software in
the electrical load management system (ELMS) electronics units in
certain power management panels; installing airplane information
management system 2 (AIMS-2) software in the AIMS-2 hardware; and
making certain wiring changes. This AD was prompted by results from
fuel system reviews conducted by the manufacturer. We are issuing this
AD to prevent potential ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

DATES: This AD is effective May 26, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 26, 2011.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail

<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. For GE
Aviation service information identified in this AD, contact GE
Aviation, Customer Services--Clearwater, P.O. Box 9013, Clearwater,
Florida 33758; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
December 30, 2010 (75 FR 82337). That NPRM proposed to require
installing an auto shutoff feature for the center override/jettison
fuel pumps, and installing power control circuitry for the center
override/jettison and main jettison fuel pumps. That NPRM also proposed
to require installing new software in the electrical load management
system (ELMS) electronics units in certain power management panels;
installing airplane information management system 2 (AIMS-2) software
in the AIMS-2 hardware; and making certain wiring changes.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment. Boeing supports the NPRM.

Request To Delay Issuance of AD To Specify Spring Washers Instead of
Conical Springs

    Japan Airlines (JAL) requested that we delay issuance of the AD
until GE Aviation Service Bulletins 5000ELM-28-456 and 6000ELM-28-457,
both Revision 1, both dated January 7, 2010, are revised to correct
Figure 8. JAL stated that Figure 8 shows conical springs rather than
spring washers in the diagram. JAL stated that without this change,
operators will be required to request an alternate method of compliance
(AMOC).
    We disagree with delaying issuance of this AD. However, we agree
that clarification is needed in regard to the use of spring washers.
Certain airplanes may use spring washers in lieu of conical springs in
their relay assembly. Both the conical springs and spring washers are
retained from the existing relay assembly to be used with the new
relay. Either one of them is considered acceptable for use. New
paragraph (m) has been added to the AD to identify the use of spring
washers as an acceptable method of compliance if they are part of the
existing relay assembly.

Request To Delay Issuance of AD To Specify Label Installation

    JAL requested that we delay the issuance of this AD until GE
Aviation publishes new revisions to their service information
(referenced in the NPRM) to add another procedure to install labels or
separate the labels from the conversion kit. JAL explained that when it
receives the labels as part of the conversion kit, the remaining shelf
life of the labels is not adequate to allow the labels to be installed
on the airplanes. JAL is concerned that, unless the service information
is revised, these issues could delay incorporation of this AD or result
in multiple AMOC requests.
    We disagree with the request to delay this AD until GE Aviation
issues revised service information. However, we agree with JAL's
concerns about the shelf life of the labels possibly affecting
operators' ability to comply with this AD within the required
compliance times. This AD requires all actions, including labeling, in
the Accomplishment Instructions of GE Aviation Service Bulletins
5000ELM-28-456 and 6000ELM-28-457, both Revision 1, both dated January
7, 2010, to be accomplished. We have added paragraph (n) to this AD to
provide an optional method of labeling.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We have determined that
these changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 2 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                               Parts                             Cost on U.S.
              Action                      Labor cost            cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Installation: Groups 1 and 2,      149 work-hours x $85 per    $15,719  $28,384............  $56,768.
 Configuration 2.                   hour = $12,665.
Installation: Groups 1 and 2,      2 work-hours x $85 per       15,719  $15,889............  $31,778.
 Configuration 1.                   hour = $170.
Concurrent requirement: Install    3 work-hours x $85 per            0  $255...............  $510.
 ELMS software.                     hour = $255.
Concurrent requirement: Upgrade    Up to 2 work-hours x $85          0  Up to $170.........  Up to $340.
 AIMS-2 software.                   per hour = Up to $170.
Concurrent requirement: P110       3 work-hours x $85 per       $1,164  $1,419.............  $2,838.
 wiring changes.                    hour = $255.

Concurrent requirement: P210       3 work-hours x $85 per        1,164  $1,419.............  $2,838.
 wiring changes.                    hour = $255.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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 products identified in this
rulemaking action.

Regulatory Findings

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

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):

2011-09-05 The Boeing Company: Amendment 39-16667; Docket No. FAA-
2010-1271; Directorate Identifier 2010-NM-187-AD.

Effective Date

    (a) This AD is effective May 26, 2011.

Affected ADs

    (b) None.

Applicability

    (c) The Boeing Company Model 777-200, -300, and -300ER series
airplanes; certificated in any category; as identified in Boeing
Service Bulletin 777-28A0047, Revision 5, dated September 20, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 28, Fuel.

Unsafe Condition

    (e) This AD was prompted by results from fuel system reviews
conducted by the manufacturer. We are issuing this AD to prevent
potential ignition sources inside fuel tanks, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion
and consequent loss of the airplane.

Compliance

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

Installation

    (g) For airplanes in Groups 1 and 2, Configuration 2, as
identified in Boeing Service Bulletin 777-28A0047, Revision 5, dated
September 20, 2010: Within 36 months after the effective date of
this AD, install a new P301 panel on the left side of the airplane,
install a new P302 panel on the right side of the airplane, and
change the wiring, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-28A0047, Revision 5,
dated September 20, 2010, except as required by paragraphs (m) and
(n) of this AD.
    (h) For airplanes in Groups 1 and 2, Configuration 1, as
identified in Boeing Service Bulletin 777-28A0047, Revision 5, dated
September 20, 2010: Within 36 months after the effective date of
this AD, perform bonding resistance measurements and rework the
airplane installation as applicable, depending on airplane
configuration, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 777-28A0047, Revision 5, dated September 20,
2010.

Concurrent Requirements

    (i) Prior to or concurrently with accomplishing the requirements
of paragraph (g) of this AD, do the actions specified in paragraphs
(i)(1), (i)(2), (i)(3), and (i)(4) of this AD.
    (1) Install new software in the electrical load management
system (ELMS) electronics units in the P110, P210, and P310 power
management panels, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-28A0040, Revision 1,
dated March 18, 2010.
    (2) Install airplane information management system 2 (AIMS-2)
software in the AIMS-2 hardware, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-31-0097, Revision 3, dated February 22, 2007.
    (3) Modify the P110 left power management panel by incorporating
wiring changes, in accordance with the Accomplishment Instructions
of GE Aviation Service Bulletin 5000ELM-28-456, Revision 1, dated
January 7, 2010, except as provided by paragraphs (m) and (n) of
this AD.
    (4) Modify the P210 right power management panel by
incorporating wiring changes, in accordance with the Accomplishment
Instructions of GE Aviation Service Bulletin 6000ELM-28-457,
Revision 1, dated January 7, 2010, except as provided by paragraphs
(m) and (n) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (j) Installations done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 777-28A0040, dated
April 13, 2007, are acceptable for compliance with the requirements
of paragraph (i)(1) of this AD.
    (k) Installations done before the effective date of this AD in
accordance with Boeing Service Bulletin 777-28A0047, Revision 3,
dated June 11, 2009; or Revision 4, dated May 20, 2010; are
acceptable for compliance with the requirements of paragraphs (g)
and (h) of this AD.
    (l) Installations done before the effective date of this AD in
accordance with Boeing Special Attention Service Bulletin 777-31-
0097, dated March 30, 2006; Revision 1, dated August 10, 2006; or
Revision 2, dated October 26, 2006; are acceptable for

compliance with the requirements of paragraph (i)(2) of this AD.

Optional Methods of Compliance With Certain Actions

    (m) Where paragraph 2.A.(16) and Figure 8 of GE Aviation Service
Bulletins 5000ELM-28-456 and 6000ELM-28-457, both Revision 1, both
dated January 7, 2010, identify the installation of conical springs
for the relay to relay base fixing, installation of spring washers
is an acceptable method of compliance when they are part of the
existing relay assembly.
    (n) Where paragraphs 2.A.(24) and 2.A.(25) of GE Aviation
Service Bulletins 5000ELM-28-456 and 6000ELM-28-457, both Revision
1, both dated January 7, 2010, specify the installation of a label
to identify work carried out and to identify the appropriate service
bulletin, an acceptable method of compliance is to use a suitable
method to indelibly mark the appropriate service bulletin number on
the reworked panel. Boeing Standard BAC5307 may be used as an
additional source of guidance for part marking.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed 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.

Related Information

    (p) For more information about this AD, contact Georgios
Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; phone:<PHONE_NUMBER>; fax: 425-917-
6590; e-mail<EMAIL_ADDRESS>
Material Incorporated by Reference

    (q) You must use the applicable service information contained in
table 1 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.

             Table 1--All Material Incorporated by Reference
------------------------------------------------------------------------
          Document               Revision                Date
------------------------------------------------------------------------
Boeing Service Bulletin 777-               5  September 20, 2010.
 28A0047.
Boeing Service Bulletin 777-               1  March 18, 2010.
 28A0040.
Boeing Special Attention                   3  February 22, 2007.
 Service Bulletin 777-31-
 0097.
GE Aviation Service Bulletin               1  January 7, 2010.
 5000ELM-28-456.
GE Aviation Service Bulletin               1  January 7, 2010.
 6000ELM-28-457.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information contained in
Table 1 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. For GE
Aviation service information identified in this AD, contact GE
Aviation, Customer Services--Clearwater, P.O. Box 9013, Clearwater,
Florida 33758; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-9283 Filed 4-20-11; 8:45 am]
BILLING CODE 4910-13-P


  SEQ CHAPTER \h \r 1 Statement Supporting the Renewal of the
Information

Collection Procedure for Local Planning Requirements

and Facility Emergency Release Notification

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title of the Information Collection

Emergency Planning and Release Notification Requirements (EPCRA sections
302, 303, and 304) - EPA No. 1395.07.

1(b)	Short Characterization

This information collection request (ICR) was previously approved as OMB
No. 2050-0092 through May 31, 2009 for 183,347 hours.  The Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) established
broad emergency planning and facility reporting requirements.  Section
302 (40 CFR 355.30) requires any facility where an extremely hazardous
substance (EHS) is present in an amount at or in excess of the threshold
planning quantity (TPQ) to notify the state emergency response
commission (SERC) by May 17, 1987.  This activity has been completed;
the section 302 costs and burden hours for this ICR, therefore, reflect
only the estimate of the cost and burden incurred by those additional
facilities that have an EHS in excess of the TPQ during the period
covered by this ICR.

Section 303 (40 CFR 355.30) requires local emergency planning committees
(LEPCs) to prepare emergency plans for facilities that have EHSs in
excess of the TPQs in their local planning district.  Facilities are
required to provide local planners with information necessary for the
preparation of emergency plans.  In addition, the facilities are
required to inform LEPCs of any relevant changes in chemical use or
production that may affect the emergency plans.  Section 303 requires
LEPCs to complete their emergency plans by October 17, 1988.  This ICR
therefore reflects the costs attributable to the requirement of annually
updating the local emergency response plans.

Section 304 (40 CFR 355.40) requires facilities to report to SERCs and
LEPCs releases in excess of quantities established by EPA.  Facilities
are required to report releases above the reportable quantity (RQ) of
any EHS or other hazardous substance, as identified under the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) section 101.  Notice of release must be given to both the
LEPC and SERC.  In addition, facilities must provide a written follow-up
report providing additional information on the release, its impacts, and
any actions taken in response.

EPA estimates that 95,000 facilities (23,750 manufacturers and 71,250
non-manufacturers) are subject to reporting under EPCRA section 302 and
3,456 SERCs and LEPCs are subject to section 303.  EPA estimates that
approximately 14,940 release notifications are made annually under
section 304 to SERC and LEPC.  The total burden to facilities over the
three year information collection period is estimated to be 566,700
hours (188,900 hours annually), at a cost of $26.1 million $(8.7 million
annually), with an associated state and local burden of 320,568 hours
(106,856 hours annually), at a cost of $12.6 million (4.2 million
annually).  The combined total annual burden for facilities and state
and local agencies is 295,756 hours at a cost of $12.9 million.  No
Agency burden is estimated in association with this ICR.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

The authority for these requirements is EPCRA sections 302, 303, and 304
(42 U.S.C. '11002, 11003, and 11004).

Section 302 of EPCRA required the EHS list to be "the same list as the
list published in November 1985 by the Administrator in Appendix A of
the `Chemical Emergency Preparedness Program Interim Guidance'."  The
section further required EPA to "publish an interim final regulation
establishing a threshold planning quantity for each substance on the
list..."  If EPA failed to publish the interim final rule, "the
threshold planning quantity for the substance shall be 2 pounds until
such time as the Administrator publishes regulations establishing a
threshold for the substance."

The interim final rule was published in the Federal Register on November
17, 1986 (51 FR 41570), followed by a final rule published on April 22,
1987 (52 FR 13378).  The EHS list consisted at that time of 406
chemicals, and the TPQs ranged from one pound to ten thousand pounds.
There are currently 355 chemicals on the EHS list.

The EHS list along with the TPQs is used to designate facilities for
initial screening for the local emergency planning process.  Section 303
of EPCRA requires facilities that have to provide the notification under
section 302 to designate a facility coordinator to the LEPC and to
"promptly provide information to [the LEPC] necessary for developing and
implementing the emergency plan."  In this manner, the LEPC determines
the potential scope of a response and, therefore, the amount of effort
necessary for emergency planning.  The LEPC will review its plan
annually and incorporate any changes or additions.  These emergency
plans increase the local response and preparedness capability by
allowing local planners to work with industry in their community, to
determine the level of preparedness necessary for a response if a
release should occur.

Under section 304, respondents are required to notify the LEPC and SERC
of releases of EHSs or hazardous substances (as identified under CERCLA
section 101) above the reportable quantity.  The purpose of the
reporting is to allow response agencies to determine whether their
assistance is needed in handling the response action.  The facility must
provide a written follow-up report.

2(b)	Practical Utility/Users of the Data

The information provided by facilities under sections 302, 303, and 304
is provided to the SERCs and LEPCs.  Individuals can obtain the
information by contacting the SERCs and LEPCs.  The information provided
under sections 302 and 303 is used to increase the community's level of
preparedness to respond to releases of chemicals in their community.
The information is also made available to the public to allow
individuals to practice their "right-to-know" about the hazards posed by
chemicals in their community.

The information provided under section 304 is the trigger to activate
the community's chemical emergency response system.  The written
follow-up report is to update and clarify the information provided in
the initial call.  It is also made available to the public so that the
community can understand what happened during the release.

3.	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Non-Duplication

Currently, there are no federal reporting requirements comparable to
sections 302, 303, and 304 of EPCRA.  Release reporting under CERCLA
section 103 is an emergency notification to the National Response Center
(NRC), while release reporting under section 304 is directly to local
and state entities.  The follow-up report required under section 304 is
also unique.

3(b)	Consultations

	EPA contacted the following industry representatives to develop an
estimate for the burden for section 304 reporting.  These
representatives also informed EPA that currently most of the States have
a reporting form that they use for the written follow-up required under
section 304.  So, the facilities requested EPA not to develop another
form since it may be duplicative.

Brian Blakemore					Terry Sullivan

Exxon Mobil Baton Rouge Refinery			Norfolk Southern Railroad

(225) 597-7641<PHONE_NUMBER>

Steve Denis						Tony Martin

Dow Chemical						Innovia Films

(225) 353-8888<PHONE_NUMBER>

Will Woods						Tom Hammons

Westlake Chemical Corp.				Great Lakes Chemical

((270) 395-3363<PHONE_NUMBER>

Justin East						Joseph Bianco

Lucite International					Ineos Chemicals

((409) 749-3479<PHONE_NUMBER>

Rachel Meredith

Koch Nitrogen

(316) 828-8705

	EPA also received information from the Regional offices on the number
of facilities that may be subject to section 302 reporting requirements.

3(c)	Public Notice

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.
), the Agency notified the public through a Federal Register notice on
the re-submission of this ICR on 	December 12, 2008 (73 FR 75706).   EPA
did not receive any comments.

3(d)	Effects of Less Frequent Collection

The reporting deadlines for sections 302, 303, and 304 are set by
statute.  EPA has no authority to allow less frequent collection.

3(e)	General Guidelines

The collection activities specified in this renewal ICR adhere to the
guidelines specified by OMB.

3(f)	Confidentiality

The respondent may claim specific chemical identities as trade secret in
the notification to LEPC on information for developing and implementing
the emergency response plan, under Section 303(d)(2) and (d)(3).  Such
information must be submitted according to EPCRA sections 322 and 323
(40 CFR Part 350).

All trade secrecy claims submitted to EPA under EPCRA are handled and
stored according to procedures set out in the Manual for Physical
Handling, Security, And Protection of Files Containing Trade Secret
Claims Submitted under Sections 303, 311, 312 and/or 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA).  These
procedures were developed expressly for EPCRA trade secrecy claims with
the knowledge that these documents are sensitive.  Handling and review
of documents containing EPCRA trade secret information is permitted only
by persons who have obtained formal clearance to access the information
based on a work-related need to engage in these activities.  When not
being processed or reviewed by authorized individuals, the claim
submissions containing trade secret information are stored in restricted
access areas.  To ensure that appropriate handling procedures are
activated and the confidentiality of EPCRA trade secret submissions is
maintained, the Agency attaches a cover sheet to the top of each trade
secret document and otherwise marks the document to clearly identify the
document as EPCRA confidential.

3(g)	Sensitive Questions

The information gathering activities under this renewal ICR do not
involve any sensitive questions.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/NAICS Codes

Sections 302, 303, and 304 are applicable to all facilities that either
have present or release the regulated substances.  These sections apply
to facilities in both the manufacturing and non-manufacturing sectors.
EPCRA, as written, does not apply to federal facilities.  However,
Executive Order 12856 requires all federal agencies to comply with the
law.

	Facilities in the following major group of NAICS codes may be subject
to either or both implementing regulations under EPCRA section 302 and
304.  There may be other facilities covered by these regulations, but
not listed.  Major group that may be subject are:  11 (Agriculture,
Forestry, Fishing and Hunting), 22 (Utilities), 31-33 (Manufacturing),
43 (Wholesale Trade), 44- 45 (Retail Trade), 48-49 (Transportation and
Warehousing).

4(b)	Information Requested

4(b)(i)	Data Items

Facilities newly subject to section 302 must notify their SERC and LEPC
of their reporting obligation.  Under section 303, the facility must
designate a coordinator and provide "information to (the LEPC) necessary
for developing and implementing the (LEPC's) emergency plan."  The
amount of information necessary to fulfill this requirement is
determined by the facility and the LEPC.  If a facility has very low
likelihood of having a release that would impact the community, the LEPC
would probably require very little information for emergency planning.
However, if the facility is a large chemical plant or is in close
proximity to a populated area, the LEPC most likely will develop
extensive planning (especially if the facility is anticipating an
offsite response).  Information requested for the plan would likely
include:

Names, hazards, quantities, and storage information for hazardous
chemicals on-site;

Methods and procedures to be followed by facility owners and operators
to respond to a release;

Description of emergency equipment;

Methods for determining the occurrence of a release, and the area or
population likely to be affected by the release; and

Procedures to provide reliable, effective, and timely notification.

LEPCs were required to have their plans completed by October 17, 1988.
Therefore, only facilities newly subject to these requirements would
have to provide this information.  Facilities already subject would only
have to update the LEPC if the information that they have already
provided changes.

Under section 304, respondents are required to notify the LEPC and SERC
of releases of EHSs or hazardous substances (as identified in CERCLA
section 101) above the reportable quantity.  The notice must include the
following information, to the extent that it is known:

The chemical name or identity of any substance involved in the release;

An indication of whether the substance is on the list of EHSs;

An estimate of the quantity of any such substance that was released into
the environment;

The time and duration of the release;

The medium or media into which the release occurred;

Any known or anticipated acute or chronic health risks associated with
the emergency and, where appropriate, advice regarding medical attention
necessary for exposed individuals;

Proper precautions to take as a result of the release, including
evacuation (unless such information is readily available to the
community emergency coordinator pursuant to the emergency plan); and

The name and telephone number of the person or persons to be contacted
for further information.

The facility must provide a written follow-up report that includes the
information above and any updates.  Also, additional information must be
given:

Actions taken to respond to and contain the release;

Any known or anticipated acute or chronic health risks associated with
the release; and

Where appropriate, advice regarding medical attention necessary for
exposed individuals.

4(b)(ii)	Respondent Activities

To determine if a facility is subject to section 302, the facility would
need to review the EHS list to determine if it has any of the 355
chemicals on-site.  The facility would then need to look at the
inventory of any EHSs it may have on-site and compare it to the TPQ.  If
the facility has an EHS above the TPQ, the facility would need to
contact (preferably in writing) their SERC and LEPC to notify them of
their reporting obligation.

To comply with section 303, the designated facility coordinator would
have to work with the LEPC to ensure that the community has an adequate
plan to respond to emergencies that would involve their facility.
Facility coordinators may be asked to serve as an industry
representative to the LEPC.

To comply with section 304, the facility would need to determine, when
an EHS or a CERCLA hazardous substance is being released, if the
quantity of the chemical released is greater than the reportable
quantity; this information needs to be provided in the initial telephone
notification to the SERC and LEPC. The material safety data sheet (MSDS)
or other information that the facility has would provide the health
risks and medical information, as well as response information.

The written follow-up notice needs to be filed "as soon as practical
after a release." This notice documents and updates the information
provided in the initial notification.  Because the initial notification
should be provided immediately after the discovery of the release, the
written follow-up notice allows the facility more time to determine with
greater precision the information provided in the initial notification.
The facility may include a copy of their own internal report of the
circumstances of the accident.

5.	THE INFORMATION COLLECTED:  AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

No information provided under sections 302, 303, and 304 is sent to EPA.
 All of the information is kept at the state or local level.

5(b)	Collection Methodology and Management

EPA does not receive the data; therefore, EPA does not have any special
data collection methodology and management.  However, to assist SERCs
and LEPCs in their information management practices and emergency
planning, EPA and the National Oceanic and Atmospheric Administration
have created the Computer Aided Management of Emergency Operations
(CAMEO) database.

5(c)	Small Entity Flexibility

There are no special allowances made for small businesses in the
regulations for sections 302, 303, and 304.  The burden hours for small
businesses are considered to be smaller than those for large facilities
because of the reduced number of chemicals and processes present at
smaller facilities.

5(d)	Collection Schedule

The frequency of collection for these sections of EPCRA is required by
statute.  Facilities are required to report any relevant changes when
they occur.  Under section 304, releases of EHSs and CERCLA hazardous
substances in excess of the reportable quantity must be reported
"immediately" after the owner/operator has knowledge that they occurred.
 The written follow-up notice is required "as soon as practicable after
the release."

6.	ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a)	Estimating Respondent Burden

EPA estimated the respondent burden hours and costs associated with all
recordkeeping and reporting requirements covered in EPCRA sections 302,
303, and 304.  Unit burden and costs were estimated by labor category
required for each of the tasks performed by facilities under 40 CFR Part
355, and tasks performed by LEPCs and SERCs under 40 CFR Part 355 and 40
CFR Section 300.215.

In preparing that ICR, EPA contacted its Regions listed under 3(b) to
obtain data on the number of facilities that may be reporting under
sections 302 and 303.  The estimated universe for sections 302 and 303
is 95,000.

EPA estimates that approximately 25 percent of these facilities are
manufacturers (23,750) and 71,250 facilities are non-manufacturers.  We
do not expect any new facilities to be in compliance during this ICR
period based on the most recent census data.

The number of notifications under section 304 was based on the number of
reports of CERCLA hazardous substance and EHS releases reported to the
National Response Center in 2007, approximately 14,945.

Exhibit 1 presents the estimated unit burden by labor category required
for each of the tasks performed by facilities under 40 CFR Part 355, and
tasks performed by LEPCs and SERCs under 40 CFR Section 300.215.

Read and Understand Regulations

	EPA assumes that only newly regulated facilities incur the cost of
reading and understanding regulations at 40 CFR Part 355.  As explained
above, we do not expect any new facilities to come into compliance in
the period covered by this ICR based on the most recent census data.
Therefore, EPA did not estimate any burden for this activity for new
facilities.  All currently regulated facilities are already familiar
with the regulations and the burden for this activity was estimated in
previous ICRs.

Emergency Planning by Facilities (40 CFR 355.30)

All newly regulated facilities must first determine whether they have at
least a threshold planning quantity of an EHS.  All newly regulated
facilities are required to notify the SERC and designate a facility
representative.  As mentioned above, we do not expect any new facilities
to be in compliance in this ICR period.  Currently covered facilities
already completed this activity.

	Because few facilities have significant changes that would affect
emergency planning, EPA estimates that only ten percent of all subject
facilities will be required to inform LEPCs of any changes at the
facility.  In addition, because little information is required from
facilities after the initial submittal, EPA also estimates that only
five percent of all subject facilities will provide additional
information to LEPCs either to develop or implement emergency plans.
The burden associated with providing local governments with updated
information for planning purposes is assumed to be a small percentage of
the initial burden for contributing to planning efforts.  EPA estimates
that it may take 13.0 hours for currently covered facilities to inform
LEPC of any changes relevant to emergency planning and to provide
information to the LEPC requests to develop emergency response plans.
(See Exhibit 1).

Emergency Release Notification by Facilities (40 CFR 355.40)

The number of annual reportable quantity (RQ) releases based on the
number of CERCLA hazardous substance and EHS releases reported in the
National Response Center for 2007, is approximately 14,945.  EPA
estimates 90 percent of RQ releases require notifying LEPCs and SERCs,
and 10 percent require notifying the 911 operator.  All reportable
releases require a written follow-up report.

For a previous ICR, EPA contacted few industries (mostly large size that
reported releases to the National Response Center see Section 3(b) of
this document), to determine the actual burden incurred to comply with
initial notification and written follow-up requirements in Section 304
of EPCRA.  EPA’s estimates in previous ICRs were slightly lower than
the burden reported by these industries.  EPA has calculated an average
of the numbers reported by industries to use in this ICR.  The burden
per respondent for initial notification is approximately 0.50 hours, for
written follow-up, it is approximately 8.0 hours.

Exhibit 1

Section 302, 303, and 304 Reporting and Recordkeeping Requirements

Estimated Unit Burden and Cost

Annual Hours Burden	Total Hours

	Information Collection Activity

	Legal	Management	Technical	Clerical	Burden	Annual Cost

	EMERGENCY PLANNING (355.30) (Facilities)

Inform LEPC of changes to facility that may affect emergency planning
0.00	0.50	1.00	0.50	2.00	$89.84

	Provide information to LEPC, as required	0.00	2.00	8.00	1.00	11.00
$499.54

	EMERGENCY RELEASE NOTIFICATION (355.40) (Facilities)

	Determine if release is an RQ	0.00	0.10	0.10	0.00	0.20	$9.93

	Notify LEPC and SERC of any RQ release	0.00	0.50	0.00	0.00	0.50	$25.92

	Develop and submit written follow-up notice	0.50	1.50	5.00	1.00	8.00
$381.36

	Notify 911 operator of transportation-related releases	0.00	0.25	0.00
0.00	0.25	$12.96

	EMERGENCY RESPONSE PLANS (300.215) (SERCs, LEPCs, and RRTs)

	Update Emergency Response Plans (LEPCs)	0.00	5.00	15.00	1.00	21.00
$1,115.50

	Review Emergency Response Plans (SERCs)	0.00	4.00	12.00	0.00	16.00
$882.40

	Keep records and make them available to the public	0.00	0.00	0.00	10.00
10.00	$125.00

Emergency Response Plan Development by SERCs and LEPCs (40 CFR 300.215)

Emergency Response Plans must be reviewed and updated annually.  EPA
estimates that SERCs review all LEPC plans over a three-year period.
There are approximately 3,500 LEPCs. Based on information from LEPCs,
the time required to update plans varies from 4 hours a year to 40 to 60
hours.  To develop an estimate, EPA assumed that the largest 120 LEPCs
would spend 40 hours a year and the smaller LEPCs would spend 20 hours a
year; a weighted average of 21 hours was obtained for the recordkeeping
burden to keep records of all Emergency Response Plans. Similarly, a
weighted average was developed for recordkeeping associated with release
reports. The LEPC with a large concentration of chemical plants
indicated that it spent a month on release notification; the other LEPCs
indicated that this activity took five hours a year at most.  A weighted
average of 10 hours was developed for the annual burden for each of the
LEPCs (3,400) and SERCs (56).  This burden is same as what was estimated
in the previous ICR.

6(b)	Estimating Respondent Costs

Estimating costs to respondents on an annual basis is accomplished by
multiplying the respondent burden estimates for each labor category by
the corresponding labor rate for that category.  Unit costs for each
respondent or activity are then multiplied by the number of respondents
or activities performed on an annual basis to yield a total cost for
each information collection activity in Section 6(d).  These costs are
shown in Exhibit 1.

EPA estimates an hourly respondent labor cost for manufacturing facility
respondents of $77.00 for managerial staff, $60.00 for technical staff,
and $16.50 for clerical staff, including wages and benefits. Hourly
respondent labor costs for non-manufacturing facility respondents are
estimated at $43.00 for managerial staff, $43.00 for technical staff,
and $16.50 for clerical staff.  Legal review is estimated at $100.00 per
hour for manufacturing and non-manufacturing facilities.  A weighted
average was developed based on the percentage of manufacturing and
non-manufacturing facilities.

EPA estimates an hourly respondent labor cost (including overhead) for
LEPCs and SERCs of $58.00 for managerial staff, $54.20 for technical
staff, and $12.50 for clerical staff.

Total burden hours and costs for the ICR are shown in Exhibit 2.

Capital and O&M Costs

	Capital costs incurred by state and local agencies were estimated in
the previous ICR.  Capital costs include the cost of space required to
store information in filing cabinets.  Life expectancy for file cabinets
is assumed to be 15 years.  Therefore, the Agency did not develop any
cost for this.

	Operating and maintenance costs are limited to mailing costs.
Facilities are assumed to incur postage costs for the following
activities:

Providing information to the LEPC as required

Submitting written follow-up notice (assume about 4 pages per report)

	Facilities are expected to incur long distance charges when notifying
SERCs.  This estimate affects notification of the SERC of any RQ
release.  Long distance charges are estimated to be $3.50 per
fifteen-minute call.

	State and local governments are assumed to incur postage costs for the
following activities:

Submitting Emergency Response Plans for review (SERCs)

Submitting Emergency Response Plans as requested by SERCs to federal
regional response teams for review

	Postage is estimated to cost $0.42 for a first class letter and $4.00
to submit a LEPC plan (plan is up to 500 pages and weighs up to 5
pounds).

	Operation and maintenance costs are shown in Exhibit 3.

6(c)	Estimating Agency Burden and Cost

EPA estimates no annual Agency burden associated with this ICR.  Only
state and local government entities implement the program in sections
302, 303, and 304 of EPCRA.

6(d)	Estimating Total Annual Respondent Burden and Costs

Exhibit 2 presents the respondent burden for each information collection
activity and for the sum of all information collection activities
performed by each respondent type.  The total average annual burden to
facility respondents is 188,900 hours at a cost of $8.79 million (or
566,700 hours at a cost of $26.37 million for three years).  The total
average annual respondent burden for state and local governments is
106,856 hours at a cost of $4.27 million (or 320,568 hours at a cost of
$12.82 million for three years).  These burden estimates are summarized
in Exhibit 2.

6(e)	Bottom Line Burden Hours and Cost

	See Exhibit 4, below.

6(f)	Reasons for Change in Burden

Based on the information received from the Regions, the number of
facilities subject to section 302 increased by 18,080 from the previous
ICR.  EPA also noticed that the release notification calls to the
National Response Center also increased by 10,502 from the previous ICR.

EPA underestimated the burden incurred by facilities in developing
written follow-up report under section 304 in previous ICRs.  In this
ICR, EPA developed an average for the burden incurred to comply with
section 304 reporting based on the information provided by industries
that the Agency contacted.

 Due to the reasons above, there is an increase of 112,409 hours in the
estimated average annual burden in this ICR from what is currently
approved. Additionally, costs have risen for currently covered
facilities due to the increase in the number of facilities subject to
reporting under both sections 302 and 304.

6(g)	Burden Statement

As explained in the previous sections of this document, EPA does not
expect any new facilities to come into compliance during this ICR
period.  This ICR only covers periodic reporting or updates of
information submitted previously by existing facilities.  The average
reporting burden for a limited number of existing facilities, to inform
the LEPC of any changes at the facility that may affect emergency
planning is 2.0 hours.  The average reporting burden for facilities to
provide information to LEPC is 11.0 hours.  The average reporting burden
for facilities reporting releases under 40 CFR 355.40 is estimated to
average approximately 9 hours per release, including the time for
determining if the release is a reportable quantity, notifying the LEPC
and SERC, or the 911 operator, and developing and submitting a written
follow-up notice.  There are no record-keeping requirements for
facilities under EPCRA Sections 302-304.  The total burden to facilities
over three years is 566,700 hours at a cost of $26.37 million.

The average burden for emergency planning activities is 21 hours per
plan for LEPCs, and 16 hours per plan for SERCs.  Each SERC and LEPC is
also estimated to incur an annual record keeping burden of 10 hours.
The total burden to LEPC and SERC over three years is 320,568 hours at a
cost of $12.82 million.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

	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
EPA-HQ-SFUND-2005-0008, which is available for online viewing at
HYPERLINK "http://www.regulations.gov/"  www.regulations.gov , or in
person viewing at the Superfund Docket in the EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, 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<PHONE_NUMBER>, and the
telephone number for the Superfund Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available at
www.regulations.gov.  This site can be used 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.  When in the system, select “search,” then key in
the Docket ID Number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-SFUND-2005-0008 and OMB Control Number 2050-0092 in any
correspondence.

Exhibit 2

Section 302, 303, and 304 Reporting and Recordkeeping Requirements

Estimated Annual Burden and Cost

Number of	Annual Hours Burden	Total Hours

	Information Collection Activity

	Respondents	Legal	Management	Technical	Clerical	Burden	Annual Cost

RULE FAMILIARIZATION (Facilities)

Read and understand regulations at 40 CFR Part 355	0	0	0	0

0	0

Subtotal

	-	-	-	-	-	0	0

EMERGENCY PLANNING (355.30) (Facilities)

Calculate if chemicals meet/exceed TPQ	0	0	0	0	0	0	0

	Notify SERC that facility is subject to emergency planning	0	0	0	0	0	0
0

	Designate facility representative and notify LEPC	0	0	0	0	0	0	0

	Inform LEPC of facility changes that may affect emer. Planning	9,500	0
4,750	9,500	4,750	19,000	$775,105

	Provide information to LEPC, as required	4,750	0	9,500	38,000	4,750
52,250	$2,372,815

Subtotal

71,250	$3,147,920

EMERGENCY RELEASE NOTIFICATION (355.40) (Facilities)

Determine if release is an RQ	14,945	0	1,495	1,495	0	2,990	$148,344

	Notify LEPC and SERC of any RQ release	13,450	0	6,725	0	0	6,725
$348,624

	Develop and submit written follow-up notice	13,450	6,725	20,175	67,250
13,450	107,600	$5,129,292

	Notify 911 operator of transportation-related releases	1,345	0	336	0	0
336	$17,431

Subtotal

117,650	$5,643,691

Total (Facilities)

Total (Facilities)

	EMERGENCY RESPONSE PLANS (300.215) (SERCs, LEPCs, and RRTs)

	Update Emergency Response Plans (LEPCs)	3,400	0	17,000	51,000	3,400
71,400	$3,792,700

	Review Emergency Response Plans (SERCs)	56	0	224	672	0	896	$49,414

	Keep records and make them available to the public	3,456	0	0	0	34,560
34,560	$432,000

Total (SERCs and  LEPCs)

106,856	$4,274,114

Exhibit 3

Capital/Start-up and O& M Costs

(Annual)

Facilities, SERCs and LEPCs

Activity	Capital/Start-up Costs	O & M Costs

Provide information to LEPC, as required	--	$1,995

Notify LEPC and SERC of any RQ release	--	$47,075

Develop and submit written follow-up notice	--	$5,649

Review Emergency Response Plans 	--	$14,000

Exhibit 4

Summary of Total Annual Burden and Cost Estimates

	Burden Hours	Labor	O & M

Facilities	188,900	$8,791,611	$54,719

SERCs and LEPCs	106,856	$4,274,114	$14,000

Total
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