                    INFORMATION COLLECTION REQUEST RENEWAL
 FOR THE NOx BUDGET TRADING PROGRAM TO REDUCE THE REGIONAL TRANSPORT OF OZONE

                             SUPPORTING STATEMENT

                EPA ICR No. 1857.06, OMB Control No. 2060-0445

1.  IDENTIFICATION OF THE INFORMATION COLLECTION

   1(a) Background

 	This Information Collection Request (ICR) addresses the labor hour burden and costs of State reporting requirements contained in the U.S. Environmental Protection Agency's (EPA) rule to control regional transport of ozone season NOx emissions contributing to exceedances of the Ozone National Ambient Air Quality Standard (NAAQS) in the eastern United States, which was published on October 27, 1998 (63 FR 57350).  This rule is known informally as the NOx SIP Call.  These provisions are incorporated in 40 CFR 51.121 and 51.122.  The reporting requirements of this rule under §51.122 are imposed directly on the States, not on industry.  However, in order to meet the requirements of this rule, States will of necessity have to impose requirements on industry for installation of continuous emission monitors and for recordkeeping and reporting.  Therefore, there will be an indirect record keeping and reporting burden on industry as a result of this rule, and this ICR estimates those burden hours and costs incurred by industry.

       The focus of this ICR is the monitoring and reporting burden for States and sources that remain affected by the NOx SIP Call and that are not subject to subsequent rulemaking and addressed in other ICRs.  The rule originally encouraged an emissions trading program for fossil fuel-fired NOx sources serving electrical generators (EGUs) with a nameplate capacity greater than 25 MW or boilers, combustion turbines, or combined cycle units with maximum design heat input greater than 250 mm BTU/hr.  Under the NOx SIP Call, many States elected to meet much of the required emission reductions through the NOx Budget Trading Program (NBP), a federally administered emissions trading program.  Most of the units that originally participated in the NBP now participate in an expanded emissions trading program established in conjunction with the Clean Air Interstate Rule (CAIR), and the burdens and costs for those units are covered under EPA ICR #2152.04, OMB Control Number 2060-0570.  The only units still subject to this ICR are certain industrial combustion sources and EGUs that participated in the NBP but are not participating in CAIR.

       As part of the NOx SIP Call, States are required to report certain data to EPA on an annual or triennial basis.  However, both the Air Emission Reporting Rule (AERR) for the national emission inventory and CAIR include similar reporting requirements, and all State burdens associated with this type of reporting are now addressed in either the AERR or CAIR ICRs.  Thus, the only burdens and costs addressed in this ICR are for the former NBP units that are not participating in CAIR as discussed above in this section (affected units).

    1(b) Information to be Collected

 	To meet the emissions monitoring recordkeeping and reporting requirements, the affected  units are required to:  (1) submit a monitoring plan and certification of monitors; (2) monitor and record hourly pollutant and flow monitor data; and (3) submit electronic quarterly reports of their emissions data to EPA.

	In addition, while many sources have already installed necessary emissions monitoring equipment due to requirements under other regulations, some sources will need to either install new monitors or upgrade existing monitors.  Capital costs also usually include the cost of initial certification of new or upgraded monitors as part of start-up costs.

 	The respondent reporting burden for the collection of information under the NOx SIP Call is estimated to be 57,586 hours each year for the years 2013 through 2015.  The burden to EPA is estimated to be 848 hours in each year for the years 2013 through 2015.

    1(c) Terms of Clearance

    Terms of Clearance for the previous ICR renewal: None.

 2.  NEED FOR AND USE OF THE COLLECTION

 	This section describes EPA's need for the information collections described above and the legal authority for conducting collections.  The users of collected information are also described.

   2(a) Need/Authority for the Collection

      The State reporting requirements included in the NOx SIP Call are necessary for EPA to carry out properly its evaluation of each State's compliance with its ozone season NOx emissions budget.  The legal authority for the reporting requirements resides in Sections 110(a) and 301(a) of the Clean Air Act.  Specifically, the requirement in Section 110(a)(2)(D) that SIPs include "adequate provisions" to mitigate certain transport effects on other States implicitly authorizes emissions inventory reporting to EPA, as needed and appropriate to verify that a State is in fact meeting its NOx budget.  Section 110(a)(2)(F) provides additional authority for requiring that SIP call submissions include provisions for emissions reporting by sources to a State, correlation of source information by the State, and steps by the State to make the correlated information available to the public.  Section 110(a)(2)(K), in turn, requires a State to submit to EPA as requested data related to modeling the effect of NOx and other emissions on ambient air quality.  The reported emissions inventory data will be used by EPA in air quality modeling to assess the effectiveness of the transport rulemaking's regional strategy.  Finally, Section 301(a) grants EPA broad authority to prescribe such regulations as are necessary to carry out its functions under the Clean Air Act.

   2(b) Practical Utility/Users of the Data

	The EPA believes it is essential that compliance with the regional control strategy be verified.  Tracking emissions is the principal mechanism to ensure compliance with the budget and to assure the downwind affected States and EPA that the ozone transport problem is being mitigated.

	If tracking and periodic reports indicate that a State is not implementing all of its NOx control measures or is off track to meet its statewide budget, EPA will work with the State to determine the reasons for noncompliance and what course of remedial action is needed.  The EPA will expect the State to submit a plan showing what steps it will take to correct the problems.  Noncompliance with the NOx transport SIP may lead EPA to make a finding of failure to implement the SIP and potentially to implement sanctions, if the State does not take corrective action within a specified time period.

	The information collected by the industry sources subject to this ICR provides necessary input data to the State emission inventory needed for tracking regional control strategy compliance.

 3.  NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

 	This section describes:  (1) efforts by EPA to learn whether the information requested is available from other sources; (2) consultations with respondents and data users to plan collections, monitor their usefulness, and minimize the collection burden; (3) effects of less frequent collections; and (4) justification for deviations from OMB's general guidelines.

   3(a) Nonduplication

      To minimize the reporting burden on State agencies, the reporting requirements for 40 CFR 51.122 are based on existing annual and periodic emission inventory reporting requirements as much as possible.  In large part, the emission inventory requirements under the NOx SIP Call are now met through the comparable requirements associated with CAIR, and the direct State burdens associated with inventory reporting for the regional control program are now included in the CAIR ICR.  The only burdens remaining under this ICR reflect emissions reporting under the NOx SIP Call for sources not covered under CAIR that are part of the NOx SIP Call control strategy.

	Almost all information requested from respondents under this ICR renewal is not available from other sources.  Where EPA needs information that has already been submitted, EPA is simply requiring the retransmission of stored electronic data.

   3(b) Public Notice Required Prior to ICR Submission to OMB

	For the renewal ICR, a public notice was published in the Federal Register on September 17, 2013 on availability of the draft supporting statement for the ICR renewal.  A 60 day comment period for public comments was provided in the notice.  EPA received no comments in response to the public notice that was published in the Federal Register (see Docket ID No. EPA-HQ-OAR-2006-0947).

   3(c) Consultations

      As part of updating the previous ICR in 2010, EPA contacted via telephone three affected sources for comment on the respondent costs/burdens detailed in this ICR renewal.  Specifically, EPA contacted Spring O'Mara with the Conoco Philips Trainer Refinery at<PHONE_NUMBER>, Jennifer Marshall with the Tate and Lyle Facility at<PHONE_NUMBER>, and Catherine Lanter with the Conoco Philips Wood River Refinery at<PHONE_NUMBER>.  Spring O'Mara and Jennifer Marshall responded and were provided a copy of the ICR supporting statement for review.  Neither Jennifer Marshall nor Spring O'Mara had any comments regarding the costs/burdens detailed in this ICR renewal. No response was received from Catherine Lanter.

      Additionally, EPA held numerous consultations during initial development of the NBP, during development of CAIR, and during the ongoing development of a replacement rule for CAIR.  The reduced burdens accounted for under this renewal ICR reflect that most of the reporting burden under the NOx SIP Call is now addressed under CAIR (or its replacement rule in the future).

      For the initial rule development, on January 13, 1998, EPA held a one-day pre-proposal workshop with the States to discuss tracking issues.  The objective of the workshop was to determine what type and frequency of inventory reporting is feasible for the different source sectors (power generating sources, other point sources, area sources, nonroad mobile, and highway mobile sources), to identify key reporting issues related to each sector, and to develop recommendations on reporting requirements to ensure compliance with the NOx budgets.  The goal was to share information and ideas rather than to reach consensus.  A summary of the meeting is contained in the docket (docket no. A-96-56, item V-B-18) for the NOx SIP Call rulemaking.  The reporting requirements included in 40 CFR 51.122 are based, in part, on the suggestions of participants in the workshop.

	The recordkeeping and reporting requirements in §51.122 were included in the supplemental proposal (63 FR 25902, May 11, 1998) on which public comments were solicited.  Comments received were reviewed and where appropriate were incorporated into the rule requirements as currently given in 40 CFR 51.122.

	Finally, as part of updating the ICR for the Acid Rain Program (Part 75) monitoring requirements, EPA also contacted various affected parties to gather information on CEM capital costs, CEM operation and maintenance costs, fuel meter capital costs, and CEM/fuel meter testing costs.  That information has been used in this ICR where appropriate.

   3(d) Effects of Less Frequent Collection

	If this information collection were not carried out annually for sources being controlled to meet the NOx budgets, EPA would not be able to verify that NOx emission reductions necessary to meet each State's NOx emission budget were being achieved.

	Quarterly collection of emissions data for the affected units allows the opportunity to check data for errors and provide rapid feedback on needed adjustments to data collection systems, and thereby promoted accurate and reliable emissions data.  For this same reason, existing Federal and State emission monitoring programs often require quarterly reporting, or in some cases, monthly.  Less frequent collection, such as semi-annually or annually, would increase the amount of preparation and review time at the end of the reporting period both for regulated sources and for EPA.  This would slow down the process for the verification of compliance.

	As an option for this program, EPA will allow for ozone season reporting instead of quarterly reports for the entire calendar year.  Under this option, units would only be required to submit two reports per year (covering the second and third calendar quarters).  However, because the Agency believes that full-year quarterly reporting will be beneficial for both the source and the Agency, this ICR assumes most units will elect to comply with the standard quarterly reporting requirement.

   3(e) General Guidelines

	This ICR does not violate any of OMB's guidelines for information collections.

   3(f) Confidentiality

 	As required by Section 114 of the Clean Air Act, estimates or measurements of emissions must be treated as nonconfidential.  Under Agency procedures, data items relating to the computation of emissions may be identified as sensitive by a State and are then treated as "State-sensitive" by EPA.  The potentially State-sensitive items include the following:  process rate, boiler design capacity, emission estimation codes, percent space heat, operating rate, and maximum operation rate/hour.  Where Federal and State requirements are inconsistent, EPA Regional Office should be consulted for final reconciliation.

   3(g) Sensitive Questions

Not applicable.  This information collection does not ask any questions concerning sexual behavior or attitudes, religious beliefs, or other matters usually considered private.

 4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

 	This section lists the major categories of businesses that formerly participated in the NOx Budget Trading Program and that continue to have reporting obligations under their states' NOx SIP Call rules that are not duplicated under other rules, the data items requested from program participants, and the activities in which the participants must engage to assemble or submit the required data items.

   4(a) Respondents/SIC Codes

      This ICR estimates the burden for affected industry sources to monitor NOx mass emissions so that states and EPA can track compliance with state emission budgets and NOx control measures.  Sources may report data directly to EPA if a source is required to meet the monitoring and reporting requirements of Subpart H of Part 75.  Electric utility combustion sources are generally classified as either SIC 4911 - Electric Services, or 4931 - Electric and Other Services Combined [NAICS 221112 Electric Power Distribution].    Large industrial combustion sources (e.g., boilers, turbines, and internal combustion engines) are expected to fall under SIC codes for the manufacturing sector, i.e., SIC Major Groups 29-40 [NAICS 31-33 Manufacturing].

   4(b) Information Requested

      This section describes the industry reporting requirements needed to enable state agencies to meet their reporting and recordkeeping requirements in §51.122.  States must report NOx emissions data as specified in 40 CFR §51.122.

   (i)       Data Items, Including Recordkeeping Requirements

      The affected units will continue to monitor NOx mass emissions, and record and report emissions data using the requirements of 40 CFR Part 75.  The emissions monitoring requirements specify that affected sources must:  (1) submit a monitoring plan for each affected unit at a source; (2) submit data for certification of each monitor; and (3) record hourly operational, pollutant monitor, and flow monitor data for each affected unit and submit quarterly reports of their emissions data to EPA.  Appendices A and B to the CAIR ICR (EPA ICR # 2152.04) contain a list of the data items required by the recordkeeping and reporting provisions of Part 75.

 	Respondents are required by 40 CFR 75.64 to submit the quarterly NOx mass emissions data electronically, by direct electronic submission to EPA, and must also include a certification statement by the designated representative of the unit.  All monitoring records are to be kept for three years, with one possible exception under a voluntary option for fuel flowmeter calibration testing.

       (ii)  Respondent Activities

 	  The affected units will (1) complete and submit appropriate monitoring plan forms for each affected source and each affected unit at a source; (2) conduct tests to certify the operation of monitors, and submitting test results to EPA; (3) record hourly emissions data (this activity generally is performed electronically); (4) conduct operation and maintenance activities associated with the monitoring, including quality assurance activities; (5) assure data quality, prepare quarterly reports of emissions data and submit these reports to EPA; and (6) respond to error messages generated by EPA.  In addition, respondents will have to purchase the necessary monitoring hardware and purchase the electronic data reporting software (or software upgrades).

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

 	The first part of this section describes Agency (EPA) activities related to the acquisition, analysis, storage, and distribution of the information collected from sources that are required to submit monitoring and test data.  The second part describes the information management techniques employed to increase the efficiency of collections.  The third part discusses the burden or benefits of the collection activities described in this ICR to small entities.  The last part outlines the schedule for collecting information.

    5(a) Agency Activities

	The tasks that will be performed by EPA include processing, reviewing, and evaluating emissions data reports submitted by the affected units, and conducting appropriate audit activities to verify the information provided.

    5(b) Collection Methodology and Management

 	Several computer systems and associated databases have been developed to record quarterly emissions monitoring data under Part 75. The systems and databases are designed to coordinate the information for easy access and use by the Agency, States, regulated community, and the public.

 	The EPA also has established a Clean Air Markets Home Page on the internet, which includes detailed information collected from emissions reports.  The Data and Maps section of the EPA's Clean Air Markets Home Page on the internet includes detailed information collected from emissions reports, and facility or source data.  Those without access to the Internet may use the  Clean Air Markets Hotline to request information.

    5(c) Small Entity Flexibility

 	The rulemaking, which EPA published by notice in 63 FR 57356 (October 8, 1998), would simply require States to develop, adopt, and submit SIP revisions.  Pursuant to 5 U.S.C. 605(b), in the rulemaking, the Administrator certified that the rule will not have a significant economic impact on a substantial number of small entities.

 	In addition, under Part 75, there are options for reduced monitoring that may assist smaller sources.  The low mass emitter exception (40 CFR 75.19), allows optional reduced monitoring, quality assurance, and reporting requirements for units that combust natural gas and/or fuel oil and that emit no more than 50 tons of NOx annually (or, at the source's election, 25 tons per ozone season) and that calculate no more than the same amount based on specified procedures for calculating and reporting emissions.  Qualifying sources are not required to keep monitoring equipment installed on (or conduct fuel sampling for) low mass emissions units, nor are they required to perform quality assurance or quality control tests.  Moreover, emissions reporting requirements are significantly simplified for these units.

 	Even if a gas- or oil-fired unit does not qualify for the "low mass emissions unit" exception, the monitoring provisions of Part 75 do allow for the use of alternative methods to determine emissions.  As discussed in the Regulatory Impact Analysis (RIA) of the final Acid Rain Implementation Regulations (October 19, 1992), smaller utilities are more likely to be dependent on these oil- and gas-fired units, especially very small utilities (see p. 5 - 14 of that RIA document).

    5(d) Collection Schedule

 	Affected units conduct ongoing monitoring, with quarterly reporting.

 6.  ESTIMATING THE BURDEN AND COST OF COLLECTIONS

   6(a) Determining Wage Rates

        In estimating labor costs for industry, EPA used the following amounts:  $99.75 per hour for managers and $69.03 per hour for technicians.  These rates were updated from the previous NBP ICR rates based on the Current Employment Cost Index, June 2013 (http://www.bls.gov/schedule/archives/eci_nr.htm#2013).

	Federal Agency labor rates were assumed to be $50.12 per hour.  This labor rate was derived from the Federal government's 2012 U.S. Office of Personnel Management General Schedule "Salary Table 2012-GS" (http://archive.opm.gov/oca/12tables/pdf/gs.pdf) using the factors in the following table.

                Table 6-1:  Determination of Federal Wage Rates

Annual Salary of Technical Staff, GS 11, Step 3

                                                                        $53,639
Annual Cost of Supervisory Staff, GS 13, Step 3
                                                                        $76,452

Factor (1/11)
                                                                           0.09

                                                                         $6,881
Annual Cost of Support Staff, GS 6, Step 6
                                                                        $35,672

Factor (1/8)
                                                                           0.13

                                                                         $4,637
Annual Applicable Salary of Permit Staff

                                                                          65157
Benefits
                                                                            1.6

Total Cost per FTE

                                                                       $104,251
Total Hourly Cost (total per FTE dividend divided by 2,080 hours per year)

                                                                         $50.12

   6(b) Estimating Respondent Burden for Affected NBP Units

      This section estimates the paperwork burden and cost of submitting monitoring plans, obtaining certification of each monitoring system, conducting monitor quality assurance activities, and recording and reporting data from CEM systems (or approved alternatives), and other ancillary activities (such as responding to EPA generated error messages, or responding to EPA audits).  This applies to the affected units that continue to monitor in accordance with Part 75 under the NOx SIP Call.

      To estimate the burden and/or cost, EPA has relied on the estimates included in the most recent Acid Rain Program ICR (OMB Control Number 2060-0258) renewal for labor hour estimates of each activity.  In addition, the hourly labor rates for managerial, technical, and clerical staff reflect the 2009 labor rates used in the Acid Rain ICR adjusted to 2012 dollars consistent with Agency ICR guidance.

      Affected sources are required to complete and submit a monitoring plan and obtain certification of each monitor (on standard forms) for each affected unit at the source.  These plans and certifications, which are only submitted once, have already been submitted for most units.  Sources, however, may need to submit revised plans or even recertify if they change some aspect of their existing plan.  New units will still need to submit plans and certifications for the first time.  In addition, all affected units are required to submit quarterly reports of their emissions data to EPA.  These reports include much of the basic monitoring plan data as well.

      To develop this renewal ICR, EPA relied primarily on the extensive efforts to identify and calculate burdens for the prior two ICR renewals and the CAIR ICR (OMB Control Number 2060-0570).

Estimating Respondent Burden

      The primary tasks performed by owners and operators of affected units are:  (1) reviewing the regulations, forms and instructions; (2) responding to EPA generated error messages and audits; (3) reprogramming a DAHS and debugging the software; (4) completing and submitting monitoring plans for each unit at the source; (5) performing appropriate tests and providing test results to certify each monitor; (6) performing quality assurance testing and maintenance upon monitors; (7) assuring the quality of emissions data, preparing quarterly reports of emissions data, and submitting reports to EPA; and (8) fuel sampling.

      (i)  Regulatory Review.

      The estimate for time to review instructions and requirements remains consistent with the labor estimates used in previous ICRs (four manager hours and four technician hours) where no substantial changes have been made to the Rule.  EPA continues to make available online fully searchable versions of the Part 75 Emissions Monitoring Policy Manual and the Emissions Collection and Monitoring Plan System (ECMPS) Reporting Instructions and searchable version of Part 75.  In addition, EPA in 2005 posted online a text version of its Plain English Guide to Part 75.

      (ii)  Response to Error Messages/Audits.

      The EPA provides feedback to sources so that suspected errors in submissions by sources are noted and corrected.  With the use of the ECMPS software, EPA believes that the burdens for this activity have decreased over time.  At the same time, however, EPA has increased its audit oversight and expects to conduct a number of electronic and field audits of facilities over the next few years.  In particular, EPA anticipates making significant use of electronic audits as a means to provide continuous data quality improvement.  This effort will result in increased burdens for respondents.

      (iii)  DAHS Debugging.

      Each source must purchase (or create) and install computer software designed to implement the electronic data reporting formats required under the Acid Rain Program.  EPA promulgated revisions to Part 75 in late 2007 to accommodate changes in EPA's data systems that manage the data submitted by respondents.  These data system changes were necessary to modernize EPA's data systems and streamline reporting.  The costs of the required upgrade were analyzed in a separate ICR that was issued in conjunction with the Part 75 revisions.  For the time period of this ICR, 2013-2015, no other changes would require a DAHS upgrade and therefore there are no burden hours for this activity.

      (iv)  Monitoring Plans.

      Consistent with the existing ICR, completing and submitting monitoring plans is estimated to require an average of about 20 hours per unit initially.  For existing units, initial monitoring plan submissions will be received prior to the time period covered in this renewal ICR, and, consistent with the existing ICR, EPA does not include burden hours for existing units under this initial monitoring plan development task area during 2013  -  2015.  The burden associated with revising the monitoring plan is included in the time for preparing and submitting each quarterly emissions report.

      For new units, EPA has used an estimated number of new units as a projection for the average number of new units expected in 2013  -  2015.  These units have a separate line item for initial monitoring plan preparation.

      (v)  Monitor Certification.

      For existing units, only recertifications are included in the estimated activities for 2013  -  2015.  The Agency estimates a labor burden of 50 hours and a contractor cost of $3,400 per respondent.  The cost and burden figures exclude the costs and burdens associated with conducting a RATA as part of the recertification process because those costs are incorporated within the annual QA costs for previously certified monitoring systems.

      Under Part 75, sources are required to recertify the monitoring systems whenever the source makes a replacement, modification, or change in a certified CEMS or continuous opacity monitoring system that may significantly affect the ability of the system to accurately measure or record the NOx concentration, stack gas volumetric flow rate, NOx emission rate, percent moisture, or to meet the QA and QC requirements.  Recertification is also necessary whenever the source makes a replacement, modification, or change to the flue gas handling system or the unit operation that may significantly change the flow or concentration profile. Examples of changes which require recertification include: replacement of the analyzer, change in location or orientation of the sampling probe or site; and complete replacement of an existing CEMS or continuous opacity monitoring system.

      For new units, the monitor certification costs are included in the capital/startup costs.

      (vi)  Quality Assurance.

      Quality assurance (QA) testing and maintenance upon monitoring systems is the largest burden item under the monitoring, reporting and recordkeeping requirements.  The requirements include daily, quarterly and annual QA requirements, depending on the monitoring approach being used.  For reporting units that use flow and NOx CEMS, the Agency has developed a per unit labor burden based primarily on information gathered from affected sources.    For units that rely on the excepted methods under both Appendix D and E (i.e., units without CEMS), the burden estimates are reduced further because no CEMS QA is required.  For the relatively small number of units that require moisture correction, labor burdens for moisture monitoring QA activities have been added based on information supplied by an affected utility (see Docket A-97-35, Item II-D-94).

      (vii)  Quarterly Reports.

      Tasks performed by utilities in preparing quarterly reports include:  (1) assuring the quality of the data; (2) preparing the quarterly report; (3) revising the monitoring plan, if necessary; (4) preparation of hard copy documentation accompanying the quarterly reports; and (5) managerial review.  EPA has been improving electronic file transfer procedures over the past few years and has been developing automated tools that allow sources to quality assure their reports.  EPA believes these efforts have reduced the average burdens per report over time.  In addition, because the program is maturing, the respondents have developed procedures and methods to increase their efficiency with reporting.

Estimating Respondent Costs

      Table 6-4 summarizes the annual respondent costs.  The following discussion describes how those costs were derived.

      (i)  Estimating Total Capital and Annual Operations and Maintenance Costs

      Capital/start-up costs include the cost of installing required CEMS or alternatives.  The Agency developed the capital cost estimates for the CEM and other equipment based on EPA CEM cost models, existing ICRs, and comments from various affected utilities.  The cost estimates vary depending on the number and type of monitors that are required.  These annualized capital costs are from the Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule) EPA ICR #2152.04.  The annualized costs ranged from $28,879 for units with a full set of CEMS, to $18,750 for a unit that uses NOx CEMS and Appendix D methods, to $2,250 for units that use both Appendix D and Appendix E methods without any CEMS.  There are no capital/start-up costs for LME units.  A discussion of how the capital/start-up costs were annualized follows in Section (iii), below.

      In addition to capital/start-up costs, respondents incur operation and maintenance costs (exclusive of labor costs) that reflect ongoing costs to a unit.  These costs include both contractor costs for the required recertification, diagnostic, and quality assurance (QA) testing, and other direct maintenance-related expenses (e.g., spare parts and calibration gases).  The cost estimates used in this renewal ICR are generally the same as the Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule) EPA ICR #2152.04, and have been derived from EPA CEM cost models, existing ICRs, Agency staff experience under the Acid Rain Program, information gathered during development of the 1999 and 2002 Part 75 revisions, and supplemental estimates provided by affected utilities and others related to the various cost items (see, e.g., EPA Air Docket A-97-35, Item II-D-48).  The total cost for these operation and maintenance cost items (other than fuel sampling) is estimated at $31,200 for a unit with a full set of CEMS, while units that use alternate methodologies have reduced costs.

      Note that testing contractor costs for certification, recertification, and annual RATAs also are presented as other direct costs and are not converted to equivalent source labor hours.  This approach is consistent with the common business practice for obtaining outside contractors to conduct certification/recertification tests and annual relative accuracy test audits.  For initial certification, the certification test costs are commonly bundled with equipment purchase contracts, according to information provided by a range of CEMS equipment vendors.  For RATAs that are conducted either as part of the annual quality assurance requirements or as part of recertification, industry contacts have indicated that RATA testing is usually performed under a fixed price contract basis, except for travel costs that may be billed on an hourly basis beyond the basic contract cost.  For annual RATAs, the sources indicated that an annual contract between a testing company and utility is often used.  One municipal utility representative indicated that the applicable municipal regulations required that outside contracts be on a flat fee, not hourly, basis.

      (ii)  Capital/Start-up vs. Operating and Maintenance (O & M) Costs

      Capital costs reflect one-time costs for purchase of equipment which will be used over a period of years.  Conversely, operating and maintenance costs are those costs which are incurred on an annual or other scheduled basis.  For instance, costs associated with quality assurance activities, such as spare parts or contractor costs for work, will be incurred on an annual basis.

      (iii)  Annualizing Capital Costs

      The relevant capital costs for the emissions trading portion of this ICR were annualized at a rate of seven percent (i.e., the annualized capital cost was calculated assuming money to purchase the capital equipment was borrowed at a seven percent annual interest rate).  The cost of the loan was amortized over the life of the loan to repay original borrowed amount plus interest.  The result is the annualized capital cost reported.)  The annualized cost of the necessary capital purchases varies from $2,250 to $ 28,879, per year, per unit, depending on the type of monitoring methodology.  The capital costs are from the Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule), EPA ICR #2152.02.

      (iv)  Fuel Sampling

      To calculate heat input where the source is using the fuel flowmeter option for an oil or gas-fired unit, the source must obtain gross calorific value (GCV) data from sampling in accordance with Appendix D of Part 75.  For purposes of this ICR, it is assumed that the GCV data would be collected as part of standard business operating procedures to assure compliance with contractual specifications.  Thus no additional fuel sampling burdens or costs should be incurred.  This is consistent with the Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule), EPA ICR #2152.04.

Estimating the Respondent Universe and Total Burden and Costs for Affected NBP Units

      EPA estimates that there are 122 affected units that will continue to conduct monitoring in accordance with Part 75 solely under the NOx SIP Call. Table 6-4 shows the total burden and total cost for this respondent universe.

Estimating Agency Burden and Cost

      The tasks that will be performed by EPA include processing, reviewing, and evaluating emissions data reports submitted by the affected units, and conducting appropriate audit activities to verify the information provided.  Assuming that the affected units will submit an average of 106 emission reports to EPA per quarter, the total annual burden incurred by the Agency will be 848 hours.  (The annual total of 424 emissions reports is based on 90 quarterly reporting and an additional 32 Ozone Season only reporting facility counts.) The total annual cost to EPA for processing, reviewing, and evaluating these quarterly emissions reports will be approximately $42,502.  Table 6-5 summarizes the Agency burden and costs associated with emissions reporting.

    TABLE 6-4:  ANNUAL RESPONDENT BURDEN/COST ESTIMATES FOR AFFECTED UNITS
                        Information Collection Activity
                               Mgr. $99.75/ Hour
                              Tech. $69.03/ Hour
                             Respondent Hours/Year
                                Labor Cost/Year
                              Cont./ O&M Cost
                             Capital/ Startup Cost
                             Number of Respondents
                               Total Hours/
Year
                                Total Cost/Year
1.  Review Instructions and Requirements
                                                                              4
                                                                              4
                                                                              8
                                                                          $675
                                                                            $0
                                                                            $0
                                                                             53
                                                                            424
                                                                        $35,775
2.  Respond to EPA Generated Error Messages, Field Audits
                                                                              6
                                                                             18
                                                                             24
                                                                        $1,841
                                                                            $0
                                                                            $0
                                                                            122
                                                                          2,928
                                                                      $224,602
3.  DAHS Debugging
                                                                              4
                                                                             12
                                                                             16
                                                                        $1,227
                                                                            $0
                                                                            $0
                                                                            122
                                                                          1,952
                                                                      $149,694
4.  New Unit Monitoring Plans
                                                                             10
                                                                             10
                                                                             20
                                                                        $1,688
                                                                            $0
                                                                            $0
                                                                             12
                                                                            240
                                                                        $20,256
5.  Recertify Monitors
                                                                             38
                                                                             12
                                                                             50
                                                                        $4,619
                                                                        $3,400
                                                                            $0
                                                                             12
                                                                            600
                                                                       $96,228
6.  Startup/Capital Items and Perform QA Testing and Maintenance

  (a)  NOx and Flow CEMS
                                                                             50
                                                                            480
                                                                            530
                                                                       $38,122
                                                                       $31,200
                                                                       $28,879
                                                                              0
                                                                              0
                                                                            $0
  (b)  NOx CEM and Fuelmeter
                                                                             20
                                                                            375
                                                                            395
                                                                       $27,881
                                                                       $17,400
                                                                       $18,750
                                                                            101
                                                                         39,895
                                                                      6,467,131
  (c)  App. E and Fuelmeter
                                                                              5
                                                                             30
                                                                             35
                                                                        $2,570
                                                                        $1,800
                                                                        $2,250
                                                                             21
                                                                            735
                                                                      $139,020
7.  Assure Data Quality, Prepare Reports (inc. monitor plan update), Submit Reports[a]
                                                                             20
                                                                             82
                                                                            102
                                                                        $7,655
                                                                            $0
                                                                            $0
                                                                            122
                                                                         10,812
                                                                      $933,910
TOTAL:

                                                                         57,586
                                                                     $8,066,616
[a]  Based on an assumption of 90 annual reporting and 32 Ozone Season only reporting facilities.

      TABLE 6-5:  ANNUAL AGENCY BURDEN/COST ESTIMATES
FOR AFFECTED UNITS

                                     Tasks
                       Quarterly Burden Hours per Report
                         Quarterly Cost per Report[a]
                             Number of Reports[b]
                 Total Burden per Year (hours)
(2010 - 2012)
                                  Total Cost
Process, review, and evaluate quarterly report and issue feedback letter.
                                                                              2
                                                                       $100.24
                                                                            424
                                                                            848
                                                                       $42,502
[a]  Based on an average total compensation rate of $50.12 per hour.
[b]  Based on an assumption of 90 annual reporting and 32 Ozone Season only reporting facilities.

    6(d) Summary of Burden Hours and Costs

       Table 6-6 summarizes the annual aggregate burden and cost estimates to both the respondents and the agency for the period of 2013 through 2015.

 TABLE 6-6:  AGGREGATE ANNUAL RESPONDENT AND AGENCY BURDEN AND COST OF COLLECTIONS (2013  -  2015)

                                    Program
                          Total Annual Burden (Hours)
                             Total Annual Costs[a]
Annual Industry Respondent Burden
                                                                         57,586
                                                                     $8,066,616
Annual Agency Burden
                                                                           848
                                                                       $43,350
TOTAL
                                                                         58,434
                                                                     $8,109,966
 [a]  2009 dollars.

    6(d) Reasons for Change in Burden

       Hourly burden estimates in this ICR renewal are the same as those in the previous ICR.  Industry and government wage rates are higher based on the Employee Cost Index and General Schedule.  Total annual costs for industry respondents are higher than those in the previous ICR due to corrections to the previous ICR cost summation.

    6(e) Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 136 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-OAR-2006-0947, which is available for online viewing at www.regulations.gov, or in person viewing at the Air and Radiation docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention:  Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OAR-2006-0947 and OMB Control Number 2060-0445 any correspondence.


[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Notices]
[Page 67503-67504]
[DOCID:fr14no08-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC09-1-000]

North American Electric Reliability Corporation; Notice of Filing

November 6, 2008.
    Take notice that on October 31, 2008, the North American Electric
Reliability Corporation tendered for filing a 2008 Long-Term
Reliability Assessment report dated October 2008.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.

    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-27053 Filed 11-13-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Page 23699]
[FR Doc No: 2016-09350]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2458-214]

Great Lakes Hydro America, LLC; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Request to Amend Project Boundary.
    b. Project No: 2458-214.
    c. Date Filed: December 16, 2015.
    d. Applicant: Great Lakes Hydro America, LLC.
    e. Name of Project: Penobscot Hydroelectric Project.
    f. Location: The project is located on the Penobscot River in
Piscataquis and Penobscot counties, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kevin Bernier, Senior Compliance Specialist;
<EMAIL_ADDRESS>(207) 723-4341.
    i. FERC Contact: Krista Sakallaris,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: May 18, 2016.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2458-214.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Great Lakes Hydro America, LLC proposes
to amend the project boundary for the Penobscot Hydroelectric Project
to remove a 2.5 acre island. The island includes a historic structure
listed in the National Register of Historic Places. The licensee is
proposing to transfer the island, including the historic structure, to
the West Branch Historical Preservation Committee, a Maine not-for-
profit organization formed for the purpose of owning, operating, and
maintaining historic structures. The amendment application includes
provisions to ensure protection of the historic property once removed
from the Commissions jurisdiction, which were drafted in consultation
with the Maine Historic Preservation Commission.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 18, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09350 Filed 4-21-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29565-29566]
[FR Doc No: 2023-08760]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0995; Airspace Docket No. 23-ASO-17]
RIN 2120-AA66

Amendment of Class E Airspace; Nashville, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace designated
as an extension to a Class C surface area and Class E airspace
extending upward from 700 feet above the surface in Nashville, TN, as
the result of a Class C Airspace modification and a biennial
evaluation. This action would reduce the Class E airspace designated as
an extension to the Nashville International Airport Class C airspace.
This action would also extend the Class E airspace extending upward
from 700 feet above the surface surrounding Music City Executive
Airport, and reduce the Class E airspace extending upward from 700 feet
above the surface surrounding Lebanon Municipal Airport, Murfreesboro
Municipal Airport, and John C. Tune Airport.

DATES: Comments must be received on or before June 22, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0995 and
Airspace Docket No. 23-ASO-17 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jennifer Ledford, Operations Support
Group, Office of Policy, Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Avenue, College Park, GA 30337;
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the proposal's overall regulatory,
aeronautical, economic, environmental, and energy-related aspects. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should submit only once if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives and a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible without incurring expense
or delay. The FAA may change this proposal in light of the comments it
receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without editing, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of

operations). An informal docket may also be examined during regular
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 350, 1701 Columbia Ave., College Park, GA
30337.

Incorporation by Reference

    Class E airspace designations are published in paragraphs 6003 and
6005 of FAA Order JO 7400.11, incorporated by reference in 14 CFR 71.1
annually. This document proposes to amend the current version of that
order, FAA Order JO 7400.11G, dated August 19, 2022 and effective
September 15, 2022. These updates will be published in the next FAA
Order JO 7400.11. That order is publicly available as listed in the
ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA proposes to amend Class E airspace designated as an
extension to the Class C surface area of Nashville International
Airport by extending it from the 7-mile radius of the airport instead
of the 5-mile radius, as a result of the new Class C structure. The FAA
also proposes to amend the Class E airspace extending upward from 700
feet above the surface surrounding Music City Executive Airport by
extending it from within a 7-mile radius to within a 7.5-mile radius of
the airport, and by reducing the Class E airspace extending upward from
700 feet above the surface surrounding Lebanon Municipal Airport from
within a 10-mile radius to within an 8-mile radius of the airport. The
FAA also proposes to reduce the Class E airspace extending upward from
700 feet above the surface surrounding Murfreesboro Municipal Airport
from within a 9-mile radius to within a 7.3-mile radius of the airport
and 2.6 miles each side of the 182[deg] bearing from the airport,
extending from the 7.3-mile radius to 12 miles south of the airport.
Additionally, the FAA proposes to reduce the airspace extending upward
from 700 feet above the surface surrounding John C. Tune Airport from
within an 8.6-mile radius to within an 8.1-mile radius of the airport.
    The FAA proposes these changes to support IFR procedures as a
result of a Class C Airspace modification and a biennial evaluation.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to a14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6003 Class E Airspace Area Designated as an Extension to
a Class C Surface Area.

* * * * *

ASO TN E3 Nashville, TN

Nashville International Airport, TN
    (Lat. 36[deg]07'31'' N, long. 86[deg]40'35'' W)
Nashville VORTAC
    (Lat. 36[deg]07'62'' N, long. 86[deg]40'95'' W)

    That airspace extending upward from the surface extending from
the 7-mile radius of Nashville International Airport to an 11.7-mile
radius southeast of the airport, from the Nashville VORTAC 161[deg]
radial clockwise to the 195[deg] radial, and to an 8.9-mile radius
southwest of the airport from the 195[deg] radial of the VORTAC
clockwise to the 231[deg] radial of the VORTAC.

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO TN E5 Nashville, TN

Nashville International Airport, TN
    (Lat 36[deg]07'28'' N, long 86[deg]40'41'' W)
Smyrna Airport
    (Lat. 36[deg]00'32'' N, long 86[deg]31'12'' W)
Music City Executive Airport
    (Lat 36[deg]22'30'' N, long 86[deg]24'30'' W)
Lebanon Municipal Airport
    (Lat 36[deg]11'25'' N, long 86[deg]18'56'' W)
Murfreesboro Municipal Airport
    (Lat 35[deg]52'43'' N, long 86[deg]22'39'' W)
John C. Tune Airport
    (Lat 36[deg]10'59'' N, long 86[deg]53'11'' W)
Vanderbilt University Medical Center Hospital Point In Space
Coordinates
    (Lat 36[deg]08'30'' N, long 86[deg]48'6'' W)

    That airspace extending upward from 700 feet above the surface
within a 15-mile radius of Nashville International Airport, and
within an 11.5-mile radius of Smyrna Airport, and within a 7.5-mile
radius of Music City Executive Airport, and within an 8-mile radius
of Lebanon Municipal Airport, and within a 7.3-mile radius of
Murfreesboro Municipal Airport, and within 2.6 miles each side of
the 182[deg] bearing from the airport extending from the 7.3-mile
radius to 12 miles south of the airport, and within an 8.1-mile
radius of John C. Tune Airport, and that airspace within a 6-mile
radius of the Point In Space serving Vanderbilt University Medical
Center Hospital.

    Issued in College Park, GA, on April 20, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-08760 Filed 5-5-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71487-71489]
[FR Doc No: 2012-28819]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0982; Directorate Identifier 2012-CE-035-AD;
Amendment 39-17272; AD 2012-24-02]
RIN 2120-AA64

Airworthiness Directives; Stemme GmbH & Co. KG Powered Sailplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Stemme GmbH & Co. KG Models S10, S10-V, and S10-VT powered sailplanes.
This AD results from mandatory continuing airworthiness information
(MCAI) issued by an aviation authority of another country to identify
and correct an unsafe condition on an aviation product. The MCAI
describes the unsafe condition as unapproved rubber hoses installed in
the engine fuel, oil, and cooling systems, which could lead to a system
leak and result in an engine fire. We are issuing this AD to require
actions to address the unsafe condition on these products.

DATES: This AD is effective January 7, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 7,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
    For service information identified in this AD, contact STEMME AG,
Flugplatzstrasse F2, Nr. 7 15344 Strausberg, Germany; telephone: +49
(0) 3341 3612-0, fax: +49 (0) 3341 3612-30; Internet: http://www.stemme.de/daten/e/index.html. You may review copies of the
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 18, 2012
(77 FR 57531). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    An occurrence has been reported of an engine fire during ground
run of a S10-VT powered sailplane. The investigation results
indicated that an unapproved fuel hose was installed in the engine
fuel system of that aeroplane. Subsequent survey of some N-
registered S 10 aeroplanes revealed more cases of installation of
unapproved fuel, oil and cooling hoses on sailplanes engine systems.
    This condition, if not detected and corrected, could lead to a
system leak with subsequent engine fire, possibly resulting in
damage to the sailplane and/or injury of occupants.
    Prompted by these findings, Stemme GmbH developed a procedure
for identification of these hoses, to have them removed from
service.
    For the reasons described above, this AD requires a one-time
review of the sailplane's maintenance records to determine whether a
serviceable engine hose kit for fuel, oil and cooling systems has
been installed and, depending on findings, replacement of the
affected hoses with serviceable parts.

    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 57531, September
18, 2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 57531, September 18, 2012) for correcting the unsafe
condition; and

     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 57531, September 18, 2012).

Costs of Compliance

    We estimate that this AD will affect 63 products of U.S. registry.
We also estimate that it will take about .5 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $2,677.50, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 8 work-hours and require parts costing $1,957, for a cost of
$2,637 per product for Models S10 and S10-V. We also estimate that any
necessary follow-on actions will take about 16 work-hours and require
parts costing $1,311, for a cost of $2,671 per product for Model S10-
VT. We have no way of determining the number of products that may need
these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-24-02 Stemme GmbH & Co. KG: Amendment 39-17272; Docket No. FAA-
2012-0982; Directorate Identifier 2012-CE-035-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 7,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Stemme GmbH & Co. KG Models S10, S10-V, and
S10-VT powered sailplanes, all serial numbers, certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 71: Powerplant.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as unapproved
rubber hoses installed in the engine fuel, oil, and cooling systems.
We are issuing this AD to prevent a system leak, which could lead to
an engine fire.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) If, on January 7, 2013 (the effective date of this AD), the
date of manufacture of the sailplane is less than five years old,
before further flight after January 7, 2013 (the effective date of
this AD), review the sailplane's maintenance records/logbook for
evidence as to whether the engine fuel, oil, and cooling systems
rubber hoses have been replaced since new. Based on this review, if:
    (i) There is no maintenance records/logbook evidence, i.e.
logbook entry, that the engine fuel, oil, and cooling systems rubber
hoses have been replaced since new, before further flight, make a
logbook entry showing compliance with this AD.
    (ii) There is maintenance records/logbook evidence, i.e. logbook
entry, that the engine fuel, oil, and/or cooling systems rubber
hoses have been replaced since new, before further flight, review
the sailplane's maintenance records/logbook for current
documentation of hose conformity through a Declaration of Conformity
(DoC) or a European Aviation Safety Agency (EASA) Form 1.
    (A) If you can find current documentation of a DoC or an EASA
Form 1, before further flight, make a logbook entry showing
compliance with this AD.
    (B) If you cannot find current documentation of a DoC or an EASA
Form 1, before further flight, replace the affected hose(s) with
FAA-approved serviceable hoses following Stemme F & D Installation
Instruction A34-10-093-01, dated August 13, 2012; or Stemme F & D
Installation Instruction A34-10-093-02, dated August 13, 2012, as
applicable.
    (2) If, on January 7, 2013 (the effective date of this AD), the
date of manufacture of the sailplane is five years old or older,
before further flight after January 7, 2013 (the effective date of
this AD), review the sailplane's maintenance records/logbook for
evidence of the date the engine fuel, oil, and cooling systems
rubber hoses were last replaced and for documentation of hose
conformity through a DoC or a EASA Form 1. Based on this review, if:
    (i) There is maintenance records/logbook evidence, i.e. logbook
entry, that the installed engine fuel, oil, and cooling systems
rubber hoses are less than five years old and there is current
documentation of hose conformity with a DoC or an EASA Form 1,
before further flight, make a logbook entry showing compliance with
this AD.
    (ii) There is maintenance records/logbook evidence, i.e. logbook
entry, that the installed engine fuel, oil, and cooling systems
rubber hoses are less than five years old, but there is no current
documentation of hose conformity with a DoC or an EASA Form 1,
before further flight, replace the affected hoses with FAA-approved
serviceable hoses

following Stemme F & D Installation Instruction A34-10-093-01, dated
August 13, 2012; or Stemme F & D Installation Instruction A34-10-
093-02, dated August 13, 2012, as applicable.
    (iii) There is maintenance records/logbook evidence, i.e.
logbook entry, that the installed engine fuel, oil, and cooling
systems rubber hoses are five years old or more than five years old,
before further flight, replace the hoses with FAA-approved
serviceable hoses following Stemme F & D Installation Instruction
A34-10-093-01, dated August 13, 2012; or Stemme F & D Installation
Instruction A34-10-093-02, dated August 13, 2012, as applicable.
    (3) As of January 7, 2013 (the effective date of this AD), only
install FAA-approved serviceable engine fuel, oil, and cooling
systems rubber hoses following Stemme F & D Installation Instruction
A34-10-093-01, dated August 13, 2012; or Stemme F & D Installation
Instruction A34-10-093-02, dated August 13, 2012, as applicable, and
that have a current documentation of hose conformity, i.e., DoC or
EASA Form 1.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
sailplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

 (h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2012-0154, dated August 17, 2012; Stemme F & D Installation
Instruction A34-10-093-01, dated August 13, 2012; and Stemme F & D
Installation Instruction A34-10-093-02, dated August 13, 2012, for
related information.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Stemme F & D Installation Instruction A34-10-093-01, dated
August 13, 2012.
    (ii) Stemme F & D Installation Instruction A34-10-093-02, dated
August 13, 2012.
    (3) For Stemme GmbH & Co. KG service information identified in
this AD, contact STEMME AG, Flugplatzstrasse F2, Nr. 7 15344
Strausberg, Germany; telephone: +49 (0) 3341 3612-0, fax: +49 (0)
3341 3612-30; Internet: http://www.stemme.de/daten/e/index.html.
    (4) You may view this service information at FAA, FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/index.html.

    Issued in Kansas City, Missouri, on November 20, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-28819 Filed 11-30-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Notices]
[Page 20285-20287]
[DOCID:fr15ap08-72]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12693-001]

Sutton Hydroelectric Company, LLC; Notice of Intent To File
License Application, Filing of Pre-Application Document, Commencement
of Licensing Proceeding, Scoping Meetings, Solicitation of Comments on
the Pad and Scoping Document, and Identification of Issues and
Associated Study Requests

April 7, 2008.
    a. Type of Filing: Notice of Intent to File License Application for
an Original License and Commencing Licensing Proceeding.
    b. Project No.: 12693-001.
    c. Date Filed: February 6, 2008.
    d. Submitted By: Sutton Hydroelectric Company, LLC.
    e. Name of Project: Sutton Hydroelectric Project.
    f. Location: On the Elk River, in Braxton County, West Virginia.
The project would occupy federal lands administered by the U.S. Army
Corps of Engineers.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Ken Kemp, Project Manager, Sutton
Hydroelectric Company LLC, Brookfield Power, 225 Greenfield Parkway,
Suite 201, Liverpool, New York 13088,<PHONE_NUMBER>.
    i. FERC Contact: Timothy Konnert<EMAIL_ADDRESS>(202)
502-6359.
    j. We are asking Federal, State, local, and tribal agencies with
jurisdiction and/or special expertise with respect to environmental
issues to cooperate with us in the preparation of the environmental
document. Agencies who would like to request cooperating status should
follow the instructions for filing comments described in paragraph o.,
below. Cooperating agencies should

note the Commission's policy that agencies that cooperate in the
preparation of the environmental document cannot also intervene. See,
94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, Part 402; and (b) the State Historic
Preservation Officer, as required by section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Sutton Hydroelectric
Company, LLC as the Commission's non-federal representative for
carrying out informal consultation, pursuant to section 7 of the
Endangered Species Act and section 106 of the National Historic
Preservation Act.
    m. Sutton Hydroelectric Company, LLC filed a Pre-Application
Document (PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations. The
Commission issued the Scoping Document for the proposed Sutton Project
on April 7, 2008.
    n. A copy of the PAD and the scoping document are available for
review at the Commission in the Public Reference Room or may be viewed
on the Commission's Web site (http://www.ferc.gov), using the
``eLibrary'' link. Enter the docket number, excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676, of for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in
paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified
via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
    o. With this notice, we are setting the effective date for the
commencement of the licensing proceeding as April 7, 2008, and
soliciting comments on the PAD and the scoping document, as well as
study requests. All comments on the PAD and the scoping document, and
study requests should be sent to the address above in paragraph h. In
addition, all comments on the PAD and the scoping document, study
requests, requests for cooperating agency status, and all
communications to and from Commission staff related to the merits of
the potential application (original and eight copies) must be filed
with the Commission at the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. All filings with the Commission must include on
the first page, the project name (Sutton Project) and number (P-12693-
001), and bear the heading ``Comments on Pre-Application Document,''
``Study Requests,'' ``Comments on Scoping Document,'' ``Request for
Cooperating Agency Status,'' or ``Communications to and from Commission
Staff.'' Any individual or entity interested in submitting study
requests, commenting on the PAD or the scoping document, and any agency
requesting cooperating status must do so by June 5, 2008.
    Comments on the PAD and the scoping document, study requests,
requests for cooperating agency status, and other permissible forms of
communications with the Commission may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the
``efiling'' link.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:\1\
---------------------------------------------------------------------------

    \1\ Pursuant to Sec.  5.8(b)(3)(VIII) of the Commission's
regulations, the scoping meeting and site visit is to be held within
30 days of this notice. However, due to facility unavailability, the
scoping meetings have been rescheduled for one week later. To the
extent necessary, therefore, Sec.  5.8(b)(3)(VIII) is being waived.
The updated process plan in the Commission's scoping document has
been modified accordingly.
---------------------------------------------------------------------------

Evening Scoping Meeting

    Date and Time: Monday, May 12, 2008, 6 p.m. (EST),
    Location: Days Hotel Flatwoods, 2000 Sutton Lane, Sutton, WV 26601.
(304) 765-5055.

Daytime Scoping Meeting

    Date and Time: Tuesday, May 13, 2008, 10 a.m. (EST).
    Location: Same location.
    Sutton Hydroelectric Company, LLC will also host a site visit at
the project on May 12, 2008, at 2 p.m. to describe the proposed
project. Those wishing to participate will meet at the upstream
recreation parking lot next to the dam.
    The scoping document, which outlines the issues to be addressed in
the environmental document, has been mailed to the individuals and
entities on the Commission's mailing list. Copies of the scoping
document will be available at the scoping meetings, and may be viewed
on the Web at http://www.ferc.gov, using the ``eLibrary'' link. Follow
the directions for accessing information in paragraph n. Depending on
the extent of comments received, a revised Scoping Document may or may
not be issued.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Present the proposed list
of issues to be addressed in the EA; (2) review and discuss existing
conditions and resource agency management objectives; (3) review and
discuss existing information and identify preliminary information and
study needs; (4) review and discuss the process plan and schedule for
pre-filing activity that incorporates the time frames provided for in
Part 5 of the Commission's regulations and, to the extent possible,
maximizes coordination of federal, state, and tribal permitting and
certification processes; and (5) discuss requests by any federal or
state agency or Indian tribe acting as a cooperating agency for
development of an environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and the scoping
document are included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become
part of

the formal record of the Commission proceeding on the project.

 Kimberly D. Bose,
Secretary.
[FR Doc. E8-7914 Filed 4-14-08; 8:45 am]

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