       Supporting Statement for an Information Collection Request (ICR)
                    Under the Paperwork Reduction Act (PRA)

 EXECUTIVE SUMMARY
 Identification of the Information Collection  -  Title and Numbers
	Chemical-Specific Rules under the Toxic Substances Control Act Section 8(a); Certain Nanoscale Materials
	ICR Numbers: EPA ICR No.: 2517.03; OMB Control No.: 2070-0194.
	EPA Form Numbers:  EPA Form 9600-07: TSCA §8(a) Reporting for Chemical  	Substances when Manufactured or Processed as Nanoscale Materials: Data 	Submission Form
	Docket ID Number: EPA-HQ-OPPT-2010-0572.

 Docket Information
The information collection request (ICR) that explains the information collection activities and related burden and cost estimates, as well as other supporting documents related to the ICR, are available in the docket established for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave., NW., Washington, DC. The telephone number for the Docket Center is<PHONE_NUMBER>. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

 ICR Status
Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., 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 control number issued by the Office of Management and Budget (OMB). The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

Before submitting an ICR to OMB for review and approval under the PRA, an agency must solicit comments pursuant to PRA §3506(c)(2)(A) and 5 CFR 1320.8(d)(1). After considering comments received on the draft ICR, the agency must submit the ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. In announcing the submission of the final ICR to OMB for review and approval, the agency must provide another opportunity for public review and comments on the revised ICR pursuant to 5 CFR 1320.12(c).

This is an ICR renewal for the information collection activities that are currently approved by OMB for:

OMB Control No. 2070-0194; EPA ICR No. 2517.02; entitled "Addendum to the Existing
EPA ICR Entitled: Chemical-Specific Rules, Toxic Substances Control Act Section 8(a)",
approved through August 31, 2020.

 Abstract
This information collection request (ICR) covers reporting and recordkeeping requirements for persons who manufacture or process chemical substances as nanoscale materials under the authority of section 8(a) of the Toxic Substances Control Act (TSCA).

Legal authority: The Toxic Substances Control Act (TSCA) section 8(a), U. S. C. 2607 and implementing regulations in 40 CFR part 704.20. More details are provided in Unit 2(a) of this Supporting Statement.

Respondents/affected entities: Entities potentially affected by this ICR include persons
persons who manufacture or process chemical substances as nanoscale materials as defined in the final rule codified at 40 CFR part 704.20.

Respondent's obligation to respond: Responses are mandatory under TSCA (see also 40 CFR part 704.20).

Confidentiality of responses: Respondents may claim all or part of a document submitted to be as confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

Estimated total number of potential respondents:  285 per year
Frequency of response: On occasion .
Estimated total annual burden hours: 40,089 hours. Burden is defined at 5 CFR 1320.3(b).

Estimated total annual costs:  $3,067,546, includes no annualized capital investment or maintenance and operational costs.

Changes in the estimates: There is decrease of 26,861 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects EPA's expectation of decreased submissions. In the previous ICR period, the rule required an initial one-time reporting on current nanomaterials, while the reporting covered in this period only requires the reporting of new nanomaterials. Furthermore, burden estimates assume that the same manufacturers will report each year and, therefore, will have already undertaken rule familiarization in the previous ICR period. Wage rates were also updated to reflect 2018 dollars.

 NECESSITY OF THE INFORMATION COLLECTION
 Related Legal and/or Administrative Requirements
The related legal authority is The Toxic Substances Control Act (TSCA) section 8(a), U. S. C. 2607 and implementing regulations in 40 CFR part 704.20
In addition, the EPA has developed guidance and other materials that are available at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/control-nanoscale-materials-under#info rule.
The following provides a general overview for requirements covered in this ICR:

EPA is requiring that respondents provide all the information described below to the extent it is known or reasonably ascertainable. EPA is not requiring that respondents develop additional data for this information collection request.

1. Company name and other identifying information, address of company and site, technical contact and related information.

2. Common or trade name of the chemical substance.
Chemical identity and molecular structure of substance.

3. The following physical and environmental fate properties:

      Physical state
      Vapor pressure
      Density Solubility in water or other solvents
      Melting temperature
      Boiling/sublimation temperature
      Spectra Dissociation constant
      Particle size distribution
      Octanol/water partition coefficient
      Henry's Law constant
      Volatilization from water
      pH Volatilization from soil
      Flammability Explodability
      Adsorption coefficient Shape
      Agglomeration state/dispersion state
      Crystal structure
      Chemical composition  -  including spatially averaged (bulk) and spatially resolved
          heterogeneous composition
      Surface area Surface chemistry
      Surface charge Porosity
      Surface reactivity average particle weight
      Average particle surface area rate of sorption
      Aggregation rate of diffusion
      Wet and dry transport rate of gravitational settling
      Bioaccumulation/biomagnification biodegradation
      Particle count rate of deposition
      Surface/volume ratio average aerodynamic diameter
      Mobility through soil
      Influence of Redox and photochemical reaction

4. Description of all uses including expected consumer uses.

5. Estimate of the total amount of the chemicals substance to be manufactured including the amount for each use category.

6. Description of byproducts and impurities resulting from manufacture, process, use or disposal of the chemical substance.

7. For each type of workplace in the lifecycle, the same information requested on pp. 8-10 of the EPA PMN form (7710-25) would be helpful for releases and exposures, with the following additions.

8. A brief overview of the lifecycle including all workplaces that manufacture, process, or use the chemical substance and all expected consumer uses.

9. For each release point for which control technology is used, the rationale for selecting the control, and, if available, data and measurement methods of waste treatment or purification efficiency studies for the chemical substance.

10. Regarding worker exposure information, personal or area monitoring data (in mass concentrations, surface area per mass, number of particles, etc.) for the chemical substance, including the measurement method(s) used to generate the data.

11. For each protective equipment or engineering control listed as worker protection, the rationale for selecting the protective equipment or engineering controls, and data (and methods used to generate the data) that were used in making the selection or that may help to indicate the effectiveness of the protective equipment or engineering controls.

12. Information on cleaning/reuse/disposal of used protective equipment (gloves, respirator cartridges, etc.).

13. Additional procedures or other equipment intended to mitigate exposures to the chemical substance.

14. Description of worker training and hazard communication (MSDS, other) specific to the chemical substance.

15. Estimate of the total number of individuals other than workers exposed to the chemical substance and duration of exposure.

16. Manner or method of disposal for consumer use of products containing the chemical substance.

17. Any information in the submitter's possession regarding health or environmental effects, environmental fate, worker safety, and material characterization, including any information related to characterization of the chemical substance in the subject organism and test medium.

 Necessity of the Information Collection
Nanoscale materials or nanomaterials are chemical substances organized in structures in the scale of approximately 1 to 100 nanometers and may have different organizations and properties than the same chemical substances in a larger size. Nanoscale materials can be found in a wide variety of products, including electronics, automotive products, paints and coatings, metal-cutting tools, sports equipment, stain-free clothing and mattresses, and ink.   There are hundreds of products already on the market that utilize nanoscale materials. It is recognized that some of these substances, because of their small size, exhibit novel and enhanced properties not present in substances of larger dimensions. It is also widely recognized that there is limited data available on these types of substances.

Some nanoscale materials are recognized as new chemical substances subject to notification requirements under TSCA section 5 because they are not contained on the TSCA Inventory. Therefore, they are subject to review for potential human health and environmental risks before they are manufactured and enter commerce. EPA has identified over 200 nanoscale materials submitted as new chemicals under TSCA since January 2005.  Other nanoscale materials have the same molecular identity as chemical substances which are already on the TSCA Inventory and as such are not subject to new chemical notification. The Agency has authority under TSCA §8(a) to collect information regarding chemical substances in commerce. The reporting of information associated with these nanoscale materials will provide EPA with data needed to determine appropriate action(s) under TSCA to reduce any risk to human health or the environment.

Recordkeeping and reporting requirements are necessary to ensure effective implementation.

 Uses, Users, and Purpose of the Information Collection
The information collected will provide important baseline information  on health and environmental effects, exposures, risks, management practices, and data needs that will assist EPA and others in properly assessing and managing risks related to nanoscale materials.

Non-confidential portions of this information will also be made available to help the public understand how nanoscale materials are being used.  Information collected through this rule will be used by EPA scientists to assist in determining how and whether certain nanoscale materials may present risks to human health and the environment. If the hazard, exposure, and risk information submitted by participants indicate that potential unreasonable risks may exist, the data will be used by EPA and the manufacturer to determine the appropriate action necessary to avoid or mitigate the risks. Furthermore, such information could be used for risk management, hazard communication and right-to-know purposes, and product labels. EPA may also use the information to identify nanoscale materials that may not warrant future concerns or actions or should otherwise be treated as a lower priority for further consideration.

The information may also be used by other Federal agencies. Non-confidential portions of this information may be used by the public, academics, states, local and tribal government, as well as foreign governments and international organizations.

 NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
 Non-Duplication
Section 8(a)(5) of TSCA states, "the Administrator shall, to the extent feasible... not require reporting which is unnecessary or duplicative."  The rule indicates that any person who submitted a TSCA new chemical notice on or after January 1, 2005 under 40 CFR part 720 or 723 for a nanoscale material subject that would be subject to the rule does not need to submit a report for the nanoscale material previously submitted.
     3(b).    Public Notice and Consultations

 In renewing this ICR, EPA provided notice in the Federal Register of January 28, 2020 (85 FR 4982; FRL-10003-00) of a 60-day public notice and comment period.  In addition to the public notice and comment period, EPA consulted with potential ICR respondents and data users according to OMB regulations, at 5 CFR 1320.8(d)(1).  EPA contacted the following stakeholders who had already submitted notifications under this rule or had commented on the rule and ICR when they were proposed:

Mike Walls, American Chemistry Council, Inc.
Melissa Hockstad, American Cleaning Institute
Tim A. Brown, Esq., Consumer Specialty Products Association
William Carteaux, Society of the Plastics Industry, Inc.
   Bill Allmond, Society of Chemical Manufacturers and Affiliates Formerly the Synthetic Organic Chemical Manufacturers Association. (SOCMA)
Vincent Caprio, Nano Business Commericalization Association
Jake Vandevort, Titanium Dioxide Stewardship Council
Julia Rege, Association of Global Automakers, Inc.
Sanjay Baliga, SEMI
 EPA contacted these stakeholders via email on January 30, 2020 seeking comments on additional specific questions about the ICR and supporting documents. EPA received no comments regarding any of the supporting documents for the ICR including this supporting statement.

   3(c). Small Entity Flexibility
The regulation exempts some small manufacturers and processors.  However, as described in the regulation some small manufacturers and processors would be required to report and keep records. All respondents to TSCA section 8(a) chemical-specific rules, including small businesses, are granted flexibility in their reporting methods.

   3(d). General PRA Related Guidelines
 This information collection activity is necessary to implement the statutory requirements of section 8(a) of TSCA and is consistent with the requirements of 5 CFR 1320.5(d)(2). Firms are required to maintain records for three years. EPA requires reporting only once for manufacturers and processors for new discrete nanoscale materials before they are manufactured or processed.

     3(e).  Effects of Less Frequent Collection

	EPA requires reporting only once for manufacturers and processors for new discrete nanoscale materials before they are manufactured or processed.

     3(f).   Confidentiality

	Submitters may designate information as confidential, trade secret or proprietary.  EPA has implemented procedures to protect any confidential, trade secret or proprietary information from disclosure.  These procedures comply with EPA's confidentiality regulation, 40 CFR Part 2, Subpart B.

      3(g).  Sensitive Questions

	This section is not applicable.  TSCA section 8(a) reporting rules do not include any questions of a sensitive nature.

 AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND  INFORMATION MANAGEMENT

4(a).	Agency Activities

      EPA will perform the following activities:
      - review the information submitted;
            - analyze submissions for confidentiality and provide appropriate protection for  confidential data;
      - file and store submissions;
            - use the data to inform the assessment and management of any risks from nanoscale materials; and
           	- provide an aggregated report of the information submitted.

4(b).	Collection Methodology and Management

	An improved information technology to minimize burden of a TSCA section 8(a) chemical-specific rule has not been found.  EPA has not been able to identify a more efficient, less expensive, or more flexible means of obtaining the required information than the one currently being used.  To the extent information is not CBI, all information collected is made available to the public through the public docket office.  EPA is requiring firms to submit this information on one standard reporting form.  TSCA section 8(a) chemical-specific rules typically require one-time reporting.  As future data needs arise, EPA will consider the use of other types of reporting methods.  EPA believes the flexibility already allowed in the reporting structure significantly eases burden.

4(c).	Collection Schedule

      This is a one-time collection of information.  Respondents will normally report 135 days before new discrete forms of reportable nanoscale materials are intended to be manufactured or processed but no later than 30 days after forming that intent.

 The RESPONDENTS AND INFORMATION COLLECTION (IC) ACTIVITIES
For each respondent category, this section of the ICR describes the respondents, the information collection activities and related estimates for burden and costs associated with those activities.

 Methodology for Estimating Respondent Burden and Costs

This information collection request (ICR) specifies the reporting and recordkeeping requirements for persons who manufacture or process chemical substances as nanoscale materials and is related to a final rule issued under the authority of Section 8(a) of the Toxic Substances Control Act (TSCA).

The North American Industrial Classification System (NAICS) codes associated with industries most likely affected by the paperwork requirements are described below:

325		Chemical Manufacturers and Processors
325130	Synthetic Dye and Pigment Manufacturing
324110	Petroleum Refineries
325180	Other Basic Inorganic Chemical Manufacturing
331221	Rolled Steel Shape Manufacturing
334413	Semiconductor and Related Device Manufacturing
335991	Carbon and Graphite Product Manufacturing
423220	Home Furnishing Merchant Wholesalers
423330	Roofing, Sliding, and Insulation Material Merchant Wholesalers
423510	Metal Service Centers and Other Metal Merchant Wholesalers

 Burden and Cost Estimates
   IC #1: Manufacturer Form Completion, CBI Substantiation, Form Submission and Recordkeeping
Respondent NAICS Codes
325		Chemical Manufacturers and Processors
325130	Synthetic Dye and Pigment Manufacturing
324110	Petroleum Refineries
325180	Other Basic Inorganic Chemical Manufacturing
331221	Rolled Steel Shape Manufacturing
334413	Semiconductor and Related Device Manufacturing
335991	Carbon and Graphite Product Manufacturing
423220	Home Furnishing Merchant Wholesalers
423330	Roofing, Sliding, and Insulation Material Merchant Wholesalers
423510	Metal Service Centers and Other Metal Merchant Wholesalers

Information Collection Activities

Manufacturers will complete four procedural tasks: form completion, CBI claim substantiation, form submission and recordkeeping. EPA estimates a total of 165 nanomaterial manufacturers will respond each year. It is expected that the same 165 manufactures will submit 0.52 reports per year on average. All of the following estimates of burden hours take into account the expectation that each manufacturer will submit 0.52 reports per year.

Form completion involves the time and cost for providing the information listed above. It is estimated that it will take manufactures approximately 71 hours per year for form completion. If a manufacturer claims certain data elements as CBI, they must substantiate the claim by providing certain information to support the need to keep information confidential. It is estimated that it will take a manufacturer approximately 0.78 hours per year to substantiate a CBI claim. Form submission involves the time to electronically submit the report to EPA via CDX, EPA's electronic system for environmental data exchange. Because the same manufacturers are expected to report each year, it is estimated to take 0.17 hours per year to electronically submit the report. Recordkeeping involves the time taken to maintain records of the reported information. It is estimated to take approximately a half hour per year for a manufacturer to maintain its records of the information reported.

The total burden is estimated to be approximately 73 hours per year per manufacturer. There are no material costs associated with this collection.

IC#1. Manufacturer Form Completion, CBI Substantiation, Form Submission and Recordkeeping
                            Citation: 40 CFR 704.20
Data Element
3-year Total Responses
3-year Total Burden (hours)
Materials
Total Cost ($)
Form Completion
                                                                          257.4
                                                                         35,161
N/A
                                                                     $2,686,999
CBI Substantiation
                                                                          257.4
                                                                            386
N/A
                                                                        $38,322
Form Submission (Electronic Reporting)
                                                                            495
                                                                          84.15
N/A
                                                                         $6,574
Recordkeeping
                                                                          257.4
                                                                            257
N/A
                                                                        $14,134
                                                            3-Year Grand Total
                                                                         35,888

                                                                     $2,746,028
                                                                   Annual Total
                                                                         11,963

                                                                       $915,343
Total responses, burden and cost estimates are based on the expectation that 165 manufactures will submit 0.52 responses each year over the three-year period.
Values may not sum due to rounding.

   IC #2: Processor Form Completion, CBI Substantiation, Form Submission and Recordkeeping

Respondent NAICS Codes

325		Chemical Manufacturers and Processors
325130	Synthetic Dye and Pigment Manufacturing
324110	Petroleum Refineries
325180	Other Basic Inorganic Chemical Manufacturing
331221	Rolled Steel Shape Manufacturing
334413	Semiconductor and Related Device Manufacturing
335991	Carbon and Graphite Product Manufacturing
423220	Home Furnishing Merchant Wholesalers
423330	Roofing, Sliding, and Insulation Material Merchant Wholesalers
423510	Metal Service Centers and Other Metal Merchant Wholesalers

Information Collection Activities

Based on the rule requirements, processors will complete five procedural tasks: rule familiarization, form completion, CBI claim substantiation, form submission and recordkeeping.

It is expected that 199 new processors will submit one report each year and, therefore, engage in rule familiarization.  Rule familiarization involves the time and cost required for processors to review the rule and set up procedures for meeting the requirements. EPA estimates that the one-time burden related to learning the rule and setting up compliance procedures is 0.82 hours.

Form completion involves the time and cost for providing the information listed above. It is estimated to take 136.6 hours per year to complete the form. If a processor claims certain data elements as CBI, it must substantiate the claim by providing certain information to support the need to keep information confidential. It is estimated to take 1.5 hours per year for a processor to substantiate a CBI claim. Form submission involves the time to electronically submit the report to EPA via CDX, EPA's electronic system for environmental data exchange. Because it is expected that new processors will submit the form each year, it is estimated to take 1.42 hours per year for a processor to register and submit the form. Recordkeeping involves the time taken to maintain records of the reported information. It is estimated to take one hour per year for a processor to maintain its records of the information reported.

The total burden is estimated to be 141 hours per year per processor. There are no material costs associated with this collection.

IC#2. Processor Form Completion, CBI Substantiation, Form Submission and Recordkeeping
                            Citation: 40 CFR 704.20
Data Element
3-Year Total Responses
3-Year Total Burden (hours)
Materials
Total Cost ($)
Rule Familiarization
                                                                            597
                                                                           490
N/A
                                                                        $37,641
Form Completion
                                                                            597
                                                                         81,550
N/A
                                                                     $6,232,083
CBI Substantiation
                                                                            597
                                                                           896
N/A
                                                                        $88,881
Form Submission (Electronic Reporting)
                                                                            597
                                                                           848
N/A
                                                                        $65,222
Recordkeeping
                                                                            597
                                                                           597
N/A
                                                                        $32,781

                                                             3-Year Grand Total
                                                                        84,380

                                                                     $6,456,609
                                                                   Annual Total
                                                                         28,127

                                                                     $2,152,203
Total responses, burden and cost estimates are based on the expectation that 199 processors will submit one response each year over the three-year period.
Values may not sum due to rounding.

 ESTIMATING BURDEN AND COST OF THIS COLLECTION
 Total Estimated Respondent Annual Burden and Costs
                               IC Summary Table
IC Category
Annual number of Responses
Annual Burden (hours)
Annual Cost ($)
IC 1: Manufacturers
                                                                             86
                                                                        11,963
                                                                       $915,343
IC 2: Processors
                                                                            199
                                                                         28,127
                                                                     $2,152,203
Total
                                                                            285
                                                                         40,089
                                                                     $3,067,546

6(b) Changes in the Estimates
The annual burden from the previously approved ICR was146,855 hours. The total annual burden requested for this ICR is 40,089 hours, or a decrease of 106,766 hours from the previous total burden. The difference between the current burden request and the previously approved requests are due to adjustments in EPA's estimates of the burden. Several adjustments to the estimates were made, including:
 In the previous ICR period, the rule required an initial one-time reporting on current nanomaterials, while the reporting covered in this period only requires the reporting of new nanomaterials. Therefore, a large portion of the adjustment in estimates stems from the decrease in the number of submissions expected after the initial one-time reporting on current nanomaterials.
 Burden estimates include a one-time burden that firms incur to become familiar with the rule and its various requirements. In the first year of the rule, the manufacturers that submitted reports incurred the one-time rule familiarization burden. EPA assumes that the same manufacturers will submit reports on new nanomaterials during subsequent years and do not need to familiarize themselves with the rule. Therefore, part of the decrease in burden estimates, relative to the previous ICR period that included the first year of the rule, is due to the same manufacturers submitting reports without incurring the rule familiarization burden.

The total annual cost burden of the previously approved ICR was $33,978,455. The total annual cost requested for this ICR is $3,067,546. The difference of $30,910,909 between the current cost burden request and the previously approved requests are due primarily to adjustments in EPA's estimates of the burden. In addition to the adjustments listed above, the wage rates were revised to reflect 2018 dollars for this information collection request.

6(c) PRA Burden Statement
The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0194, is estimated to average approximately 141 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 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-OPPT-2010-0572, which is available for online viewing at www.regulations.gov, or in person viewing at 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>.  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-OPPT-2010-0572 and OMB Control Number 2070-0194 in any correspondence.

ATTACHMENT   A

Supporting Attachment: Burden Calculation

This document serves the purpose of supporting the burden calculations included in the ICR renewal. EPA estimates that a total of 165 nanomaterial manufacturers will submit 0.52 responses per year and 199 nanomaterial processors will submit one response per year in each year of the ICR period, for a total of 285 reports per year and 855 reports over the three-year period. Table 1 shows the yearly number of responses for the various activities for manufacturers and processors, respectively.

Table 1: Annual Number of Responses per Activity
                                   Activity
                                 Manufacturers
                                  Processors
                           Total Number of Responses
                                  (per year)

                           Total Number of Companies
                        Number of Responses/ Respondent
                           Total Number of Companies
                        Number of Responses/ Respondent

Rule Familiarization
                                      165
                                       0
                                      199
                                       1
                                      199
Form Completion
                                      165
                                     0.52
                                      199
                                       1
                                      285
CBI Substantiation
                                      165
                                     0.52
                                      199
                                       1
                                      285
Electronic Submission
                                      165
                                       1
                                      199
                                       1
                                      364
Recordkeeping
                                      165
                                     0.52
                                      199
                                       1
                                      285

Estimating Respondent Burden

Table 2 provides a summary of typical respondent burden by activity for rule familiarization, completion of a report, CBI claim substantiation, and recordkeeping. Because it is expected that the same manufacturers will report each year, manufacturers do not have to undertake rule familiarization. On the other hand, it is expected that new processors will report each year and, therefore, undertake rule familiarization.

Table 2: Industry Burden, by Activity for Rule Familiarization, Form Completion, and Recordkeeping
                                   Activity
                                Clerical Burden
                                    (hours)
                               Technical Burden
                                    (hours)
                               Managerial Burden
                                    (hours)
                                Attorney Burden
                                    (hours)
                                 Total Burden
                                    (hours)
Rule Familiarization
                                                                              0
                                                                           0.55
                                                                           0.27
                                                                              0
                                                                           0.82
Form Completion
                                                                              0
                                                                          105.2
                                                                           31.4
                                                                              0
                                                                          136.6
CBI Claim Substantiation
                                                                              0
                                                                              0
                                                                           0.75
                                                                           0.75
                                                                            1.5
Recordkeeping
                                                                            0.5
                                                                            0.5
                                                                              0
                                                                            0
                                                                              1
Total Burden per Report
                                                                            0.5
                                                                         106.25
                                                                          32.42
                                                                         0.75
                                                                            140
Values may not sum due to rounding.

The burden associated with electronic submission is presented in Table 3. This burden depends on whether a firm is registering for the first time with CDX or has previously registered with CDX.

Table 3: Industry Burden, by Activity for Electronic Reporting
                                   Activity
                                Clerical Burden
                                    (hours)
                               Technical Burden
                                    (hours)
                           Managerial Burden (hours)
                          Number of Annual Activities
                                 Total Burden
                                    (hours)
First-time registration
CDX Registration
                                                                           0.00
                                                                           0.67
                                                                           0.17
                                                                           1.00
                                                                           0.84
Electronic Subscriber Agreement/ Electronic Signature
                                                                           0.00
                                                                           0.00
                                                                           0.25
                                                                           1.00
                                                                           0.25
Help Desk
                                                                           0.00
                                                                           0.24
                                                                           0.06
                                                                           1.00
                                                                           0.30
Problem Resolution
                                                                           0.00
                                                                           1.00
                                                                           0.00
                                                                           0.03
                                                                           0.03
                                               Total First Time Burden per firm
                                                                           1.42
Subsequent registration
CDX Registration
                                                                           0.00
                                                                           0.67
                                                                           0.17
                                                                           0.10
                                                                           0.08
Electronic Subscriber Agreement/Electronic Signature
                                                                           0.00
                                                                           0.00
                                                                           0.25
                                                                           0.10
                                                                           0.03
Help Desk
                                                                           0.00
                                                                           0.24
                                                                           0.06
                                                                           0.10
                                                                           0.03
Report Compromised Signature
                                                                           0.00
                                                                           0.00
                                                                           0.40
                                                                           0.01
                                                                           0.00
Problem Resolution
                                                                           0.00
                                                                           1.00
                                                                           0.00
                                                                           0.03
                                                                           0.03
                                               Total Subsequent Burden per firm
                                                                           0.17

EPA estimates the total burden for one firm to complete one form to be approximately 141 hours including rule familiarization and electronic reporting.

Given the expectation that the same manufacturers will submit 0.52 reports per year, the burden per year per manufacturer is estimated by:

                                          Form Completion, CBI Claim
                                  Substantiation and Recordkeeping         E-Reporting
Annual Burden per Manufacturer= 0.52 136.6+1.5+1      +          0.17       =72.5.

Therefore, the total annual burden across all 165 manufacturers is estimated by:

Annual Manufacturer Burden  =165    x    72.5=11,962.83
Given the expectation that each new processor will submit one report per year, the burden per year per processor is estimated by:
                                            Form Completion,
                                      Rule 	        CBI Claim Substantiation
                                     Familiarization      and Recordkeeping                E-Reporting
Annual Burden per Processor= 0.82     +     136.6+1.5+1        +        1.42  =141.34.

Therefore, the total annual burden across all 199 processors is estimated by:

            Annual Processor Burden  =199    x    141.34=28,126.66

Table 4 summarizes the annual and total burden over the course of the ICR to manufactures, processors and industry as a whole based on the above estimates.

Table 4: Total Industry Burden
IC Category
                                 Annual Burden
                                    (hours)
IC 1: Manufacturers
                                    11,963
IC 2: Processors
                                    28,127
Total Industry Burden
                                 40,089 hours

Estimating Cost
      Table 5 contains the cost per activity of completing a form for one respondent. Burden hours presented in Table 2 were multiplied by the corresponding loaded wage rate. EPA estimates that the total cost for a new firm to review the rule, complete, and submit one report with record keeping is approximately $10,815. Because new processors are estimated to report each year, they will undertake rule familiarization and first-time registration for electronic reporting. Because the same manufacturers are expected to submit reports each year, their cost for submitting one report would be approximately $10,656 when excluding the cost burden associated with rule familiarization and accounting for a lower burden associated with electronic reporting for subsequent submissions.

Table 5: Industry Cost, by Activity (2018$)
                                   Activity
                        Clerical Burden  ($34.50/hour)
                               Technical Burden
                                 ($75.32/hour)
                               Managerial Burden
                                 ($80.09/hour)
                                Attorney Burden
                                ($118.42/hour)
                                  Total Cost
Rule Familiarization
                                     $0.00
                                    $41.43
                                    $21.62
                                     $0.00
                                    $63.05
Form Completion
                                     $0.00
                                    $7,924
                                    $2,515
                                     $0.00
                                    $10,439
CBI Claim Substantiation
                                     $0.00
                                     $0.00
                                    $60.07
                                    $88.82
                                    $148.88
Recordkeeping
                                    $17.25
                                    $37.66
                                     $0.00
                                     $0.00
                                    $54.91
Total Burden per Report
                                    $17.25
                                    $8,003
                                    $2,597
                                    $88.82
                                    $10,706
Values may not sum due to rounding.
Estimates for manufacturer totals assume that rule familiarization does not occur. Because there are new processors estimated to report each year, the cost for those entities includes rule familiarization.

      Electronic reporting costs are presented in Table 6. Because not all firms are expected incur all costs, the number of annual activities per firm may be less than one. Electronic reporting costs for first time registrants are estimated to be $109.25 per firm and subsequent year costs are to be $13.28 per firm. Because the same nanomaterial manufacturers are reporting each year, they are expected to incur a cost of $13.28 per firm per year, while processors, who are new respondents each year, are expected to incur $109.25 per firm each year. More information on the derivation of these costs is found in the Economic Analysis for the Final TSCA Section 8(a) Reporting Requirements for Certain Chemical Substances as Nanoscale Materials (EPA, 2016).

Table 6: Industry Cost for Electronic Reporting (2018$)
                                   Activity
                         Clerical Cost  ($34.50/hour)
                                Technical Cost
                                 ($76.32/hour)
                                Managerial Cost
                                 ($80.09/hour)
                          Number of Annual Activities

                                  Total Cost

                             ELECTRONIC REPORTING
First-time registration
CDX Registration
                                     $0.00
                                    $50.46
                                    $13.62
                                       1
                                    $64.08
Electronic Subscriber Agreement/ Electronic Signature
                                     $0.00
                                     $0.00
                                    $20.02
                                       1
                                    $20.02
Help Desk
                                     $0.00
                                    $18.08
                                     $4.81
                                       1
                                    $22.89
Problem Resolution
                                     $0.00
                                    $75.32
                                     $0.00
                                     0.03
                                     $2.26
                                                 Total First Time Cost per firm
                                    $109.25
Subsequent registration
CDX Registration
                                     $0.00
                                    $50.46
                                    $13.62
                                     0.10
                                     $6.41
Electronic Subscriber Agreement/Electronic Signature
                                     $0.00
                                     $0.00
                                    $20.02
                                     0.10
                                     $2.00
Help Desk
                                     $0.00
                                    $18.08
                                     $4.81
                                     0.10
                                     $2.29
Report Compromised Signature
                                     $0.00
                                     $0.00
                                    $32.04
                                     0.01
                                     $0.32
Problem Resolution
                                     $0.00
                                    $75.32
                                     $0.00
                                     0.03
                                     $2.26
                                                 Total Subsequent Cost per firm
                                    $13.28
Values may not sum due to rounding.

Given the expectation that the same manufacturers will submit 0.52 reports each year, the annual cost per manufacturer is estimated by:
                                          Form Completion, CBI Claim
                                Substantiation and Recordkeeping      E-Reporting
     Annual Cost per Manufacturer=0.5210,439+148.88+54.91+13.28=$5,547.53.
Therefore, the annual cost across all 165 manufacturers is estimated by:
Annual Cost to Manufacturers=165    x    5,547.53=$915,342.6.
Given the expectation that each new processor will submit one report per year, the annual cost per processor is estimated by:
                    Rule 	               Form Completion, CBI Claim
                           Familiarization        Substantiation and Recordkeeping        E-Reporting
Annual Cost per Processor=63.05     +      10,439+148.88+54.91    +    109.25=$10,815.09.
Therefore, the annual cost across all 199 processors is estimated by:
Annual Cost to Processor=199    x  10,815.09=$2,152,203.
a

Table 7 summarizes the annual and total cost over the course of the ICR to manufactures, processors and industry as a whole based on the above estimates.

Table 7: Total Industry Cost (2018$)
IC Category
                                  Annual Cost
IC 1: Manufacturers
                                   $915,343
IC 2: Processors
                                  $2,152,203
Total Industry Burden
                                  $3,067,546

Estimating Agency Burden and Cost
      Agency personnel are responsible for all tasks associated with the rule, and none of the work is estimated to be completed by contractor staff. EPA labor costs are based on annual federal wage rates published by the Office of Personnel Management for the Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV Locality Pay Area for 2018 (OPM, 2018). Wages are presented in terms of GS-level and step. A federal GS-13, Step 5 employee will conduct the collection and administrative activities under the rule. A federal GS-14, Step 5 will assist with the review of the CBI claim substantiations. Unloaded wage rates for 2018 for both of these employees are presented in Table 8. Following the methodology outlined in Instructions for Preparing Information Collection Requests (ICRs) (EPA, 1992), EPA added 60 percent to the wage rate to account for fringe benefits and overhead costs. Table 8 derives the loaded wage rates for Agency staff at the GS-13 Step 5 and GS-14 Step 4 levels.

Table 8: Derivation of Loaded Agency Wage Rates (2018$)
                                Labor Category
                                   Pay Grade
                                 Annual Salary
                         Overhead and Fringe Benefits
                                 (% of wages
                       Overhead and Fringe Benefit Cost
                                    Total
                                  Hourly Rate
                                Technical Labor
                                 GS 13 Step 5
                                   $109,900
                                      60%
                                    $65,940
                                   $175,840
                                    $84.54
                                Attorney Labor
                                 GS 14 Step 5
                                   $129,869
                                      60%
                                    $77,181
                                   $207,050
                                    $99.54
Source: The unloaded Federal salary for 2018 is from the Office of Personnel Management salary table for Washington-Baltimore-Northern Virginia (OPM, 2018).
Table 9 provides the total annual cost and burden of Agency activities based on the loaded wages derived in Table 8. The annual burden to the Agency is estimated to be 1,818 hours and the total burden to the Agency over the three-year period of the ICR is estimated to be 5,454 hours. The annual cost ot the Agency is estimated to be $160,200 and the total cost to the Agency over the three-year period is estimated to be $480,600.

Table 9: Total Annual Cost and Burden of Agency Activities (2018$)
                                   Activity
                                     Staff
                           Total Burden per Activity
                                    (hours)
                             Total Number of Units
                             Annual Burden (hours)
                            Annual Cost (Thousands)
Industry/Public Assistance
                          EPA Employee (GS 13 Step 5/
                                 $84.54/hour)
                                     1.25
                                      285
                                      356
                                    $30,100
Data Processing and System Support Personnel

                                     3.13
                                      285
                                      892
                                    $75,400
Review of CBI Claim Substantiations

                                      0.5
                                      285
                                      143
                                    $12,100
Review of CBI Claim Substantiations
                          EPA Employee (GS 14 Step 5/
                                 $99.54/hour)
                                      1.5
                                      285
                                      428
                                    $42,600
                                                         Annual Cost and Burden
                                  1,818 hours
                                   $160,200
                                   Total Cost and Burden Over 3-Year ICR Period
                                  5,454 hours
                                   $480,600
Values may not sum due to rounding.

References
U.S. Office of Personnel Management. (2018). Salary Table 2018- DCB, Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV. Retrieved September 18, 2019 from Pay & Leave: Salaries & Wages: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2018/DCB.pdf.
U.S. EPA, (2009). ICR Handbook EPA's Guide to Writing Information Collection Requests under the Paperwork Reduction Act of 1995. Revised 10/2009 Washington, D.C.: U.S. EPA, Office of Environmental Information.

ATTACHMENT B

WAGE RATE CALCULATIONS

      To estimate costs, EPA multiplies burden estimates by standard wage rates for managerial, technical, and clerical levels developed from information published by the Bureau of Labor Statistics (BLS) and a method outlined in the document Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b). Wage data for these three occupational categories was gathered for manufacturing industries from Employer Costs for Employee Compensation Supplemental Tables: December 2006  -  March 2019 (U.S. BLS, 2019). Additionally, wage rates for the attorney level were gathered from the BLS Occupational Employment Statistics (OES) May 2018 National Industry-Specific Occupational Employment and Wage Estimates (U.S. BLS, 2018).
      The cost of fringe benefits, such as health insurance and vacation, is taken for each labor category from the same ECEC series. Following the methodology outlined in (U.S. EPA, 2002), fringe benefits are calculated as a percentage of total wages for each category. Since the fringe benefits for attorney were not available from the BLS report, EPA applied the managerial fringe benefit to wage ratio to this wage as well. EPA added 17 percent to the wages in each category to account for overhead, based on information provided by the chemical industry and chemical industry trade associations in the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a) and Wage Rates for Economic Analyses of the Toxics Release Inventory Program (Rice, 2002). The wages for each of the four categories were then multiplied by benefits and overhead factors to estimate loaded, annual salaries in year 2018 dollars. Table 1 contains the loaded wage rates for the attorney, managerial, technical and clerical occupation categories.

Table 1: Derivation of Loaded Wage Rates for the Private Manufacturing Sector in 2018$
                                Labor Category

                                     Wage
                                Fringe Benefits
                             Fringes as % of Wage
                             Overhead % of Wage[3]
                           Fringe + Overhead Factor
                                 Loaded Wages

                                      (a)
                                      (b)
                                 (c) = (b)/(a)
                                      (d)
                                (e)=(1)+(c)+(d)
                                (f) = (a) x (e)
Attorney[1]
                                    $72.21
                                    $33.94
                                      47%
                                      17%
                                     1.64
                                    $118.42
Managerial[2]
                                    $48.73
                                    $23.08
                                      47%
                                      17%
                                     1.64
                                    $80.09
Technical[2]
                                    $44.35
                                    $24.43
                                      55%
                                      17%
                                     1.72
                                    $75.32
Clerical[2]
                                    $20.77
                                    $20.77
                                      49%
                                      17%
                                     1.66
                                    $34.50
Sources: [1]  Bureau of Labor Statistics Occupational Employment Statistics (OES) May 2018 National Industry-Specific Occupational Employment and Wage Estimates (U.S. BLS, 2018)
[2]Employer Costs for Employee Compensation Supplementary Tables: December 2006  -  March 2019 (U.S. BLS, 2019).
[3]An overhead rate of 17 percent was estimated based on information provided by the chemical industry and chemical industry trade associations in the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (U.S. EPA, 2002) and Wage Rates for Economic Analyses of the Toxics Release Inventory Program. (Rice, 2002)

References

Rice, C. (2002). Wage Rates for Economic Analysis of the Toxic Release Inventory Program. 	Washington, D.C.: U.S. EPA, Office of Pollution Prevention and Toxics, Economics and 	Policy Analysis Branch.
U.S. Bureau of Labor Statistics. (2018). May 2018 National Industry-Specific Occupational 	Employment and Wage Estimates. Retrieved September 18, 2019 from 	https://www.bls.gov/oes/current/naics4_541100.htm#23-0000.
U.S. Bureau of Labor Statistics (2019). Employer Costs for Employee Compensation (ECEC) Supplemental Tables: December 2006 to March 2019, US Bureau of Labor Statistics, September 17, 2019.
U.S. EPA. (2002). Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA-HQ-OPPT-2002-0054-0279). Washington, D.C.: Office of Pollution Prevention and Toxics, Economics and Policy Analysis Branch.
U.S. EPA, (2009a). ICR Handbook EPA's Guide to Writing Information Collection Requests under the Paperwork Reduction Act of 1995. Revised 10/2009 Washington, D.C.: U.S. EPA, Office of Environmental Information.

U.S. EPA. (2019). Economic Analysis for the Proposed Rule: Procedures for Review of CBI 	Claims	for the Identity of Chemicals on the TSCA Inventory (April 2, 2019).
U.S. Office of Personnel Management. (2018). Salary Table 2018- DCB, Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV. Retrieved September 18, 2019 from Pay & Leave: Salaries & Wages: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2018/DCB.pdf.


[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10912-10913]
[FR Doc No: 2023-03608]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0041; OMB No. 1660-0100]

Agency Information Collection Activities: Submission for OMB
Review, Comment Request; General Admissions Applications (Long and
Short) and Stipend Forms

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30 Day notice of revision and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission seeks comments
concerning the admission applications and student stipend agreements
for FEMA courses and programs that are delivered on-campus and
throughout the Nation, in coordination with state and local training
officials and local colleges and universities.

DATES: Comments must be submitted on or before March 24, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address: [email protected] or
Smiley White, Supervisory Program Specialist, United States Fire
Administration, at [email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FEMA offers courses and programs that are
delivered at National Emergency Training Center (NETC) in Emmitsburg,
Maryland, the Center for Domestic Preparedness (CDP) in Anniston,
Alabama, and throughout the Nation in coordination with state and local
training officials and local colleges and universities to carry out the
authorities listed below. To facilitate meeting these requirements,
FEMA collects information necessary to be accepted for courses and for
the student stipend or travel reimbursement program for these courses.
There are several organizations within FEMA that deliver training and
education in support of the FEMA mission.
    1. Section 7 of Public Law 93-498, the Federal Fire Prevention and
Control Act, as amended, 15 U.S.C. 2206, established the National Fire
Academy (NFA) to advance the professional development of fire service
personnel and of other persons engaged in fire prevention and control
activities.
    2. Section 611(f) of Public Law 93-288, the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), as
amended, 42 U.S.C. 5196(f), authorizes FEMA to conduct or arrange, by
contract or otherwise, training programs for the instruction of
emergency preparedness officials and other persons in the organization,
operation, and techniques of emergency preparedness; conduct or operate
schools or classes, including the payment of travel expenses and per
diem allowances for these purposes, in lieu of subsistence for trainees
in attendance or the furnishing of subsistence and quarters for
trainees and instructors on terms prescribed by the Administrator and
provide instructors and training aids as deemed necessary. This
training is conducted through the Emergency Management Institute (EMI).
    3. Title XIV of the National Defense Authorization Act of 1997,
Public Law 104-201, 110 Stat. 2432; title I of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act of 1998, Public Law 105-119, 111 Stat. 2440;
sections 403 and 430 of the Homeland Security Act of 2002, Public Law
107-296, 116 Stat. 2135; and section 611 of the Post-Katrina Emergency
Management Reform Act of 2006, Public Law 109-295, 120 Stat. 1355, all
authorize CDP to serve as a training facility for all relevant
Federally supported training efforts that target state and local law
enforcement, firefighters, emergency medical personnel, and other key
agencies such as public works and state and local emergency management.
The focus of the training is to prepare relevant state and local
officials to deal with chemical, biological, or nuclear terrorist acts
and handle incidents dealing with hazardous materials.
    4. Public Law 110-53, the Implementing Recommendations of the 9/11
Commission Act of 2007, 6 U.S.C. 1102, established a National Domestic
Preparedness Consortium within the Department of Homeland Security. The
Consortium is mandated to identify, test, and deliver training to
state, local, and tribal emergency response providers, provide on-site
and mobile training at the performance, management, and planning
levels, and facilitate the delivery of training by the training
partners of the Department.
    5. Consistent with requirements under Occupational Safety and
Health Administration (OSHA) Appendix C Respirator Medical Evaluation
Questionnaire (29 CFR 1910.134, Respiratory Protection), in any
workplace where respirators are necessary to protect the health of the
employee or whenever respirators are required by the employer, the
employer shall establish and implement a written respiratory protection
program with worksite-specific procedures. The program shall be updated
as necessary to reflect those changes in workplace conditions that
affect respirator use. The employer shall include in the program the
following provisions of this section,

as applicable: 1910.134(c)(1)(ii) Medical evaluations of employees
required to use respirators.
    FEMA is revising this collection to add a new instrument, FEMA Form
FF-008-FY-22-125, Respiratory Medical Evaluation Questionnaire For
Students, to comply with OSHA's requirements under 29 CFR 1910.134.
    This proposed information collection previously published in the
Federal Register on November 25, 2022, at 87 FR 72495 with a 60 day
public comment period. No comments were received. The purpose of this
notice is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: General Admissions Applications (Long and Short) and Stipend
Forms.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0100.
    FEMA Forms: FEMA Form FF-USFA-FY-21-101 (formerly 119-25-0-1),
General Admissions Application; FEMA Form FF-USFA-FY-21-102 (formerly
119-25-0-6), Training Registration Form; FEMA Form FF-USFA-FY-21-103
(formerly 119-25-3), Student Stipend Agreement; FEMA Form FF-USFA-FY-
21-104 (formerly 119-25-4), Student Stipend Agreement (Amendment); FEMA
Form FF-USFA-FY-21-105 (formerly 119-25-5), National Fire Academy
Executive Fire Officer Program Application Admission; and FEMA Form FF-
008-FY-22-125, Respiratory Medical Evaluation Questionnaire For
Students.
    Abstract: FEMA provides training to advance the professional
development of personnel engaged in fire prevention and control and
emergency management activities through CDP, Emergency Management
Institute, NFA, National Training and Education Division, National
Domestic Preparedness Consortium, and Rural Domestic Preparedness
Consortium.
    Affected Public: Business or other for-profit, not-for-profit
institutions, Federal Government, and State, local or Tribal
government.
    Number of Respondents: 223,300.
    Number of Responses: 223,300.
    Estimated Total Annual Burden Hours: 21,644.
    Estimated Total Annual Respondent Cost: $1,204,641.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $252,825.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-03608 Filed 2-21-23; 8:45 am]
BILLING CODE 9111-74-P


[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Proposed Rules]
[Pages 58460-58463]
[FR Doc No: 2022-20809]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1235; Project Identifier MCAI-2022-00475-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-07-10, which applies to all Airbus SAS Model A350-941 and -1041
airplanes. AD 2022-07-10 requires revising the operator's existing FAA-
approved minimum equipment list (MEL) to include dispatch restrictions.
AD 2022-07-10 also allows operators to inspect affected parts for
discrepancies, and do applicable replacements, in order to terminate
the revision of the operator's existing MEL. AD 2022-07-10 also
prohibits the installation of affected parts. Since the FAA issued AD
2022-07-10, a determination was made that the optional inspection and
applicable replacements should be required. This proposed AD continues
to require the actions in AD 2022-07-10, and would mandate the
inspection of affected parts and applicable replacements, as specified
in a European Union Aviation Safety Agency (EASA) AD, which was
incorporated by reference. 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 November
14, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1235; 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 mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA AD 2022-0031, dated February 25, 2022, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available in the AD docket at regulations.gov by searching for and
locating Docket No. FAA-2022-1235.
     For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson,
NC 27896; telephone:<PHONE_NUMBER>; website: kiddetechnologies.com/aviation.com.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1235; Project Identifier
MCAI-2022-00475-T'' 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
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 Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2022-07-10, Amendment 39-21998 (87 FR 19622,
April 5, 2022) (AD 2022-07-10), for all Airbus SAS Model A350-941 and -
1041 airplanes. AD 2022-07-10 was prompted by MCAI originated by EASA,
which is the Technical Agent for the Member States of the European
Union. EASA issued EASA AD 2022-0031, dated February 25, 2022 (EASA AD
2022-0031) (also referred to as the MCAI), to correct an unsafe
condition identified as undetected thermal bleed leak events that might
not be isolated during flight, possibly resulting in localized areas of
the wing structure being exposed to high temperatures and consequent
reduced structural integrity of the airplane.
    AD 2022-07-10 requires revising the operator's existing FAA-
approved MEL to include dispatch restrictions. AD 2022-07-10 also
allows operators to inspect affected parts for discrepancies, and do
applicable replacements, in order to terminate the revision of the
operator's existing MEL. AD 2022-07-10 also prohibits the installation
of affected parts. The FAA issued AD 2022-07-10 to address undetected
thermal bleed leak events that might not be isolated during flight,
possibly resulting in localized areas of the wing

structure being exposed to high temperatures and consequent reduced
structural integrity of the airplane.

Actions Since AD 2022-07-10 Was Issued

    Since the FAA issued AD 2022-07-10, the FAA has determined that
further rulemaking is necessary to mandate the detailed inspection of
affected parts, and replacement, if applicable, that were optional
actions in AD 2022-07-10.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1235.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2022-07-10, this proposed AD would retain all of the
requirements of AD 2022-07-10. Those requirements are referenced in
EASA AD 2022-0031, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    This AD requires EASA AD 2022-0031, which the Director of the
Federal Register approved for incorporation by reference as of April
20, 2022 (87 FR 19622, April 5, 2022).
    This AD also requires Kidde Aerospace & Defense Service Bulletin
CFD-26-3, dated January 13, 2022, which the Director of the Federal
Register approved for incorporation by reference as of April 20, 2022
(87 FR 19622, April 5, 2022).
    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

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

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the requirements of AD 2022-
07-10. This proposed AD would require accomplishing the actions
specified in EASA AD 2022-0031 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. This proposed AD would also prohibit the installation of
affected parts.
    EASA AD 2022-0031 requires operators to ``inform all flight crews''
of revisions to the MEL, and thereafter to ``operate the aeroplane
accordingly.'' However, this proposed AD would not specifically require
those actions as they are already required by FAA regulations. FAA
regulations (14 CFR 121.628(a)(2)) require operators to provide pilots
with access to all of the information contained in the operator's MEL.
Furthermore, 14 CFR 121.628(a)(5) requires airplanes to be operated
under all applicable conditions and limitations contained in the
operator's MEL. Therefore, including a requirement in this proposed AD
to operate the airplane according to the revised MEL would be redundant
and unnecessary.

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 some 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, the
FAA proposes to retain the incorporation by reference of EASA AD 2022-
0031 in the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2022-0031 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 2022-0031
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 2022-0031. Service information required by EASA AD 2022-0031
for compliance will be available at regulations.gov by searching for
and locating Docket No. FAA-2022-1235 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 29 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-07-10...  1 work-hour x $85 per                 $0             $85          $2,465
                                         hour = $85.
New proposed actions..................  13 work-hours x $85 per                0           1,105          32,045
                                         hour = $1,105.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
optional actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........            $795            $880
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

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:
0
a. Removing Airworthiness Directive (AD) 2022-07-10, Amendment 39-21998
(87 FR 19622, April 5, 2022); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1235; Project Identifier MCAI-2022-
00475-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 14, 2022.

(b) Affected ADs

    This AD replaces AD 2022-07-10, Amendment 39-21998 (87 FR 19622,
April 5, 2022) (AD 2022-07-10).

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection
system (OHDS) sensing elements may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing
process, and by a determination that an optional inspection and
applicable replacements should be required. The FAA is issuing this
AD to address undetected thermal bleed leak events that might not be
isolated during flight, possibly resulting in localized areas of the
wing structure being exposed to high temperatures and consequent
reduced structural integrity of the airplane.

(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, European Union Aviation Safety Agency (EASA) AD
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).

(h) Exceptions to EASA AD 2022-0031

    (1) Where paragraphs (1) and (4) of EASA AD 2022-0031 refer to
its effective date, this AD requires using April 20, 2022 (the
effective date of AD 2022-07-10).
    (2) Where paragraph (2) of EASA AD 2022-0031 refers to its
effective date, this AD requires using the effective date of this
AD.
    (3) Where EASA AD 2022-0031 has a definition for ``Affected
part'' and refers to ``the VSB [vendor service bulletin]'' for the
part numbers and date codes, for this AD, use Kidde Aerospace &
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the
VSB'' for the part numbers and date codes.
    (4) Where EASA AD 2022-0031 has a definition for ``Groups'' and
identifies certain airplanes as Group 2 airplanes, replace the text,
``An aeroplane having an MSN [manufacturer serial number] not listed
in the Section 1.A of the SB is Group 2, provided it is determined
that no affected part has been installed on any affected position of
that aeroplane since Airbus date of manufacture'' with ``An
aeroplane having an MSN not listed in the Section 1.A of Airbus
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2,
provided it is determined that no affected part has been installed
on any affected position of that aeroplane since Airbus date of
manufacture.''
    (5) Where paragraph (1) of EASA 2022-0031 specifies to ``inform
all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations
(see 14 CFR 121.628(a)(2) and 14 CFR 121.628(a)(5)).
    (6) Where paragraph (3) of EASA 2022-0031 specifies action if
``any discrepancy as defined in the SB is detected,'' for this AD a
discrepancy is when the related electronic centralized aircraft
monitoring (ECAM) warning is not displayed after a heat gun test is
done.
    (7) The ``Remarks'' section of EASA AD 2022-0031 does not apply
to this AD.

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts to the manufacturer, this AD
does not include that requirement.

(j) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k)(2) of this AD. Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

    (3) Required for Compliance (RC): Except as required by
paragraphs (i) and (j)(2) of this AD, if any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Additional Information

    (1) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
This material may be found in the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1235.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(l) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 20, 2022 (87 FR 19622, April 5, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0031,
dated February 25, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022.
    (4) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (5) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone:<PHONE_NUMBER>; website:
kiddetechnologies.com/aviation.com.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) 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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20809 Filed 9-26-22; 8:45 am]
BILLING CODE 4910-13-P