[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58742-58745]
[FR Doc No: 2017-26935]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1053]
RIN 1625-AA00

Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: This interim rule modifies and extends the effective period of
the existing temporary safety zone encompassing all navigable waters
within a 250-yard radius of Commerce Construction vessels and machinery
conducting diving and pipeline removal operations in the Delaware
River, in the vicinity of Anchorage 7, near Marcus Hook, PA. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by diving and pipeline
removal operations. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Delaware Bay. We invite your comments on this rulemaking.

DATES: This rule is effective without actual notice from December 14,
2017. For the purposes of enforcement, actual notice will be used from
December 9, 2017, through December 14, 2017. Comments and related
material must be received by the Coast Guard on or before January 16,
2018.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2017-1053. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may submit comments, identified by docket number, using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section for

further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Petty Officer Amanda Boone, Waterways
Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone
(215) 271-4889, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Regulatory History and Information

    On November 28, 2017, the Coast Guard published a temporary safety
zone titled Safety Zone; Delaware River, Pipeline Removal, Marcus Hook,
PA (82 FR 56170). The temporary safety zone established a safety zone
from November 21, 2017, through December 8, 2017. The safety zone
covers all navigable waters within 250 yards of vessels and machinery
being used by personnel to conduct diving and pipe removal operations.
Due to unforeseen issues with the operation, the expected dates of work
have been changed and extended to February 28, 2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
address the potential safety hazards associated with diving and
pipeline removal operations.

III. Background, Purpose, and Legal Basis

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay has determined that
potential hazards associated with diving and pipe removal operations
currently underway in the Delaware River, will be a safety concern for
anyone within a 250-yard radius of diving and pipe removal vessels and
machinery. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the operations are being conducted.

IV. Discussion of Comments, Changes, and the Interim Rule

    Only two changes have been made to the existing temporary rule.
First, the original end date for enforcement of the safety zone was
December 8, 2017, and the end date for the enforcement of the safety
zone is being changed to February 28, 2018. Second, the enforcement
period regulatory text, paragraph (d), has been amended to indicate
what time of day the zone will be enforced. This timeframe was
discussed in the regulatory analyses statements of the temporary final
rule but was not included in the regulatory text itself.
    This rule establishes a safety zone from December 9, 2017, through
February 28, 2018. The safety zone will cover all navigable waters
within 250 yards of vessels and machinery being used by personnel to
conduct diving and pipe removal operations.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13771 directs agencies to control regulatory costs through a
budgeting process. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the rule has not
been reviewed by the Office of Management and Budget (OMB), and
pursuant to OMB guidance it is exempt from the requirements of E.O.
13771.
    This regulatory action determination is based on the size, location
and duration of the security zone. Vessel traffic will be able to
safely transit around this safety zone which would impact a small
designated area of the Delaware River from December 9, 2017, through
February 28, 2018. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16, Local Notice to
Mariners, and Marine Safety Information Bulletin about the zone, and
the rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels that intend to transit
the security zone may be small entities, for the reasons stated in
section V.A above this rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it would not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the

distribution of power and responsibilities between the Federal
Government and Indian tribes. If you believe this rule has implications
for federalism or Indian tribes, please contact the person listed in
the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone that will prohibit entry
within 250 yards of vessels and machinery being used by personnel to
conduct diving and pipe removal operations. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration (REC) is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number USCG-2017-1053
for this rulemaking, indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this rule as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-1053, to read as follows:

Sec.  165.T05-1053  Safety Zone, Delaware River; Pipeline Removal;
Marcus Hook, PA.

    (a) Location. The following areas are safety zones: All navigable
waters within 250 yards of the towing vessel JOKER, Commerce
Construction crane barge KELLY, and associated diving and pipe removal
vessels, as well as any associated equipment, operating in Marcus Hook
Range and Anchorage No. 7 near Marcus Hook, PA, on the Delaware River.
    (b) Definitions--(1) Captain of the Port means the Commander,
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
his behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist with the enforcement of safety zones
described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33
CFR part 165 subpart C apply to the safety zone created by this
section.
    (1) Entry into or transiting within either safety zone is
prohibited unless vessels obtain permission from the Captain of the
Port via VHF-FM channel 16, or make satisfactory passing arrangements
via VHF-FM channels 13 or 80 with the towing vessel JOKER per this
section and the rules of the Road (33 CFR subchapter E). Vessels
requesting to transit shall contact the towing vessel JOKER on channel
13 or 80 at least 1 hour, as well as 30 minutes, prior to arrival.
    (2) Vessels granted permission to enter and transit the safety zone
must do so in accordance with any directions or orders of the Captain
of the Port, his designated representative, or the towing vessel JOKER.
No person or vessel may enter or remain in a safety zone without
permission from the Captain of the Port or the towing vessel JOKER.
    (3) There are three sections of pipeline that will be removed. The
first two sections of pipeline to be removed are in Anchorage No. 7,
Marcus Hook Anchorage, in the Delaware River. During removal of these
sections of pipeline, the safety zone will restrict vessels from
anchoring in the lower portion of Anchorage No. 7.
    (4) During removal of the third section of pipeline, operations
will be conducted within the main navigational channel and vessels will
be required to transit through the lower portion of Anchorage No. 7.
The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16, Local Notice to Mariners, and Marine Safety
Information Bulletin further defining specific work locations and
traffic patterns.
    (5) All vessels must operate at the minimum safe speed necessary to
maintain steerage and reduce wake.
    (6) This section applies to all vessels that intend to transit
through the safety

zone except vessels that are engaged in the following operations:
enforcement of laws, service of aids to navigation, and emergency
response.
    (d) Enforcement periods. This section will be enforced from
December 8, 2017, through February 28, 2018. Enforcement will generally
be between the hours of 5 a.m. and 7 p.m., Monday through Sunday, while
the zone is in effect.

    Dated: December 8, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-26935 Filed 12-13-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Rules and Regulations]
[Pages 27298-27300]
[FR Doc No: 2016-10215]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0250; Directorate Identifier 2014-NM-216-AD;
Amendment 39-18505; AD 2016-09-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was
prompted by reports of airspeed indication discrepancies while flying
at high altitudes in inclement weather. This AD requires replacing
certain pitot probes on the captain, first officer, and standby sides
with certain new pitot probes. We are issuing this AD to prevent
airspeed indication discrepancies during inclement weather, which,
depending on the prevailing altitude, could lead to unknown
accumulation of ice crystals and consequent reduced controllability of
the airplane.

DATES: This AD is effective June 10, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 10,
2016.

ADDRESSES: For service information identified in this final rule,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet: http://www.airbus.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-0250.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0250; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone: 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM)
(``the SNPRM'') to amend 14 CFR part 39 for all Airbus Model A318,
A319, A320, and A321 series airplanes. The SNPRM published in the
Federal Register on December 23, 2015 (80 FR 79750). We preceded the
SNPRM with a notice of proposed rulemaking (NPRM) (``the NPRM'') that
published in the Federal Register on March 6, 2015 (80 FR 12094). The
NPRM proposed to require replacing certain pitot probes on the captain,
first officer, and standby sides with certain new pitot probes. The
NPRM was prompted by reports of airspeed indication discrepancies while
flying at high altitudes in inclement weather. The SNPRM proposed to
revise the NPRM by reducing the proposed compliance time for replacing
certain pitot probes based on a risk assessment due to additional
reports of airspeed indication discrepancies while flying at high
altitudes in inclement weather. We are issuing this AD to prevent
airspeed indication discrepancies during inclement weather, which,
depending on the prevailing altitude, could lead to unknown
accumulation of ice crystals and consequent reduced controllability of
the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, issued EASA
Airworthiness Directive 2015-0205, dated October 9, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, A320, and A321 series airplanes. The MCAI states:

    Occurrences have been reported on A320 family aeroplanes of
airspeed indication discrepancies while flying at high altitudes in
inclement weather conditions. Investigation results indicated that
A320 aeroplanes equipped with Thales Avionics Part Number (P/N)
50620-10 or P/N C16195AA pitot probes appear to have a greater
susceptibility to adverse environmental conditions that aeroplanes
equipped with certain other pitot probes.
    Prompted by earlier occurrences, DGAC [Direction
G[eacute]n[eacute]rale de l'Aviation Civile] France issued [DGAC] AD
2001-362 [http://ad.easa.europa.eu/ad/F-2001-362] [which corresponds
to paragraph (f) of FAA AD 2004-03-33, Amendment 39-13477 (69 FR
9936, March 3, 2004)] to require replacement of Thales (formerly
known as Sextant) P/N 50620-10 pitot probes with Thales P/N C16195AA
probes.
    Since that [DGAC] AD was issued, Thales pitot probe P/N C15195BA
was designed, which improved airspeed indication behavior in heavy
rain conditions, but did not demonstrate the same level of
robustness to withstand high-altitude ice crystals. Based on these
findings, EASA have decided to implement replacement of the affected
Thales [pitot] probes as a precautionary measure to improve the
safety level of the affected aeroplanes.
    Consequently, EASA issued AD 2014-0237 (later revised) [http://ad.easa.europa.eu/blob/easa_ad_2014_0237.pdf/AD_2014-0237],
retaining the requirements of DGAC France AD 2001-362, which was
superseded, and cancelling two other DGAC ADs, to require
replacement of Thales Avionics pitot probes P/N C16195AA and P/N
C16195BA.
    Since EASA issued AD 2014-0237R1 [http://ad.easa.europa.eu/ad/2014-0237R1] was issued, results of further analyses have determined
that the compliance time (48 months) of that AD has to be reduced in
relation to the risk assessment.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2014-0237R1, which is superseded, but
reduces the compliance time.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0250.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received. United Airlines has no
objection to the SNPRM.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this 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
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Airbus service information:
     Airbus Service Bulletin A320-34-1170, Revision 30, dated
June 18, 2015.
     Airbus Service Bulletin A320-34-1456, Revision 01, dated
May 15, 2012.
     Airbus Service Bulletin A320-34-1463, Revision 01, dated
May 15, 2012.
    The service information describes procedures for replacing certain
Thales Avionics pitot probes on the captain, first officer, and standby
sides. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 953 airplanes of U.S. registry.
    We also estimate that it takes about 4 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $21,930 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $21,223,310, or $22,270 per product.

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 that 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-09-07 Airbus: Amendment 39-18505. Docket No. FAA-2015-0250;
Directorate Identifier 2014-NM-216-AD.

(a) Effective Date

    This AD is effective June 10, 2016.

(b) Affected ADs

    This AD affects AD 2004-03-33, Amendment 39-13477 (69 FR 9936,
March 3, 2004) (``AD 2004-03-33'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any
category, all manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of airspeed indication
discrepancies while flying at high altitudes in inclement weather.
We are issuing this AD to prevent airspeed indication discrepancies
during inclement weather, which, depending on the prevailing
altitude, could lead to unknown accumulation of ice crystals and
consequent reduced controllability of the airplane.

(f) Compliance

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

(g) Replacement of Certain Pitot Probes on the Captain, First Officer,
and Standby Sides

    Within 24 months after the effective date of this AD: Replace
any Thales pitot probe having part number (P/N) C16195AA or P/N
C16195BA, with a Goodrich pitot probe having P/N 0851HL, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-34-1170, Revision 30, dated June 18, 2015.
Accomplishing the replacement in this paragraph terminates the
requirements of paragraph (f) of AD 2004-03-33 for that airplane
only.

(h) Optional Methods of Compliance for Replacement Required by
Paragraph (g) of This AD

    (1) Replacement of the pitot probes in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-34-1456,
Revision 01, dated May 15, 2012 (pitot probes on the captain and
standby sides); and Airbus Service Bulletin A320-34-1463, Revision
01, dated May 15, 2012 (pitot probes on the first officer side); is
an acceptable method of compliance with the requirements of
paragraph (g) of this AD.
    (2) Airplanes on which Airbus Modification 25578 was embodied in
production, except for post-modification 25578 airplanes on which
Airbus Modification 155737 (installation of Thales pitot probes) was
also embodied in production, are compliant with the requirements of
paragraph (g) of this AD, provided it can be conclusively determined
that no Thales pitot probe having P/N C16195AA, P/N C16195BA, or P/N
50620-10 has been installed since the date of issuance of the
original certificate of airworthiness or the date of issuance of the
original export certificate of airworthiness. Post-modification
25578 airplanes on which Airbus Modification 155737 (installation of
Thales pitot probes) was also embodied in production must be in
compliance with the requirements of paragraph (g) of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the

effective date of this AD using the service information identified
in paragraph (i)(1)(i) through (i)(1)(xxvi) of this AD. This service
information is not incorporated by reference in this AD.
    (i) Airbus Service Bulletin A320-34-1170, Revision 04, dated May
24, 2000.
    (ii) Airbus Service Bulletin A320-34-1170, Revision 05, dated
September 11, 2000.
    (iii) Airbus Service Bulletin A320-34-1170, Revision 06, dated
October 18, 2001.
    (iv) Airbus Service Bulletin A320-34-1170, Revision 07, dated
December 4, 2001.
    (v) Airbus Service Bulletin A320-34-1170, Revision 08, dated
January 15, 2003.
    (vi) Airbus Service Bulletin A320-34-1170, Revision 09, dated
February 17, 2003.
    (vii) Airbus Service Bulletin A320-34-1170, Revision 10, dated
November 21, 2003.
    (viii) Airbus Service Bulletin A320-34-1170, Revision 11, dated
August 18, 2004.
    (ix) Airbus Service Bulletin A320-34-1170, Revision 12, dated
December 2, 2004.
    (x) Airbus Service Bulletin A320-34-1170, Revision 13, dated
January 18, 2005.
    (xi) Airbus Service Bulletin A320-34-1170, Revision 14, dated
April 21, 2005.
    (xii) Airbus Service Bulletin A320-34-1170, Revision 15, dated
July 19, 2005.
    (xiii) Airbus Service Bulletin A320-34-1170, Revision 16, dated
November 23, 2006.
    (xiv) Airbus Service Bulletin A320-34-1170, Revision 17, dated
February 14, 2007.
    (xv) Airbus Service Bulletin A320-34-1170, Revision 18, dated
October 9, 2009.
    (xvi) Airbus Service Bulletin A320-34-1170, Revision 19, dated
November 9, 2009.
    (xvii) Airbus Service Bulletin A320-34-1170, Revision 20, dated
December 1, 2010.
    (xviii) Airbus Service Bulletin A320-34-1170, Revision 21, dated
March 24, 2011.
    (xix) Airbus Service Bulletin A320-34-1170, Revision 22, dated
July 19, 2011.
    (xx) Airbus Service Bulletin A320-34-1170, Revision 23, dated
February 3, 2012.
    (xxi) Airbus Service Bulletin A320-34-1170, Revision 24, dated
April 12, 2012.
    (xxii) Airbus Service Bulletin A320-34-1170, Revision 25, dated
September 4, 2012.
    (xxiii) Airbus Service Bulletin A320-34-1170, Revision 26, dated
September 16, 2013.
    (xxiv) Airbus Service Bulletin A320-34-1170, Revision 27, dated
March 18, 2014.
    (xxv) Airbus Service Bulletin A320-34-1170, Revision 28, dated
September 1, 2014.
    (xxvi) Airbus Service Bulletin A320-34-1170, Revision 29, dated
February 16, 2015.
    (2) This paragraph provides credit for the replacement of pitot
probes on the captain and standby sides specified in paragraph
(h)(1) of this AD, if the replacement was performed before the
effective date of this AD using Airbus Service Bulletin A320-34-
1456, dated December 2, 2009, which is not incorporated by reference
in this AD.
    (3) This paragraph provides credit for the replacement of pitot
probes on the first officer side as specified in paragraph (h)(1) of
this AD, if those actions were performed before the effective date
of this AD using Airbus Service Bulletin A320-34-1463, dated March
9, 2010, which is not incorporated by reference in this AD.

(j) Parts Installation Limitations

    (1) At the applicable time specified in paragraph (j)(1)(i) or
(j)(1)(ii) of this AD: No person may install on any airplane a
Thales pitot probe having P/N C16195AA or P/N C16195BA.
    (i) For airplanes with a Thales pitot probe having P/N C16195AA
or P/N C16195BA installed: After accomplishing the replacement
required by paragraph (g) of this AD.
    (ii) For airplanes without a Thales pitot probe having P/N
C16195AA or P/N C16195BA installed: As of the effective date of this
AD.
    (2) As of the effective date of this AD, no person may install
on any airplane a Thales pitot probe having part number P/N 50620-
10.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0205, dated October 9,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-0250.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-34-1170, Revision 30, dated
June 18, 2015.
    (ii) Airbus Service Bulletin A320-34-1456, Revision 01, dated
May 15, 2012.
    (iii) Airbus Service Bulletin A320-34-1463, Revision 01, dated
May 15, 2012.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33
5 61 93 44 51; email<EMAIL_ADDRESS>Internet:
http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 20, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10215 Filed 5-5-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Page 4453]
[FR Doc No: 2017-00691]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0001]

Establishment of an Emergency Relief Docket for Calendar Year
2017

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of establishment of public docket.

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

SUMMARY: This Notice announces the establishment of FRA's emergency
relief docket (ERD) for calendar year 2017. The designated ERD for
calendar year 2017 is Docket Number FRA-2017-0001.

SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct
final rule establishing ERDs and the procedures for handling petitions
for emergency waivers of safety rules, regulations, or standards during
an emergency situation or event. 74 FR 23329. The direct final rule
became effective on July 20, 2009, and made minor modifications to 49
CFR 211.45 in FRA's Rules of Practice in 49 CFR part 211. Section
211.45(b) provides that each calendar year FRA will establish an ERD in
the publicly accessible DOT docket system (available at http://www.regulations.gov). Section 211.45(b) further provides that FRA will
publish a notice in the Federal Register identifying by docket number
the ERD for that year. FRA established the ERD and emergency waiver
procedures to provide an expedited process for FRA to address the needs
of the public and the railroad industry during emergency situations or
events. This Notice announces the designated ERD for calendar year 2017
is Docket Number FRA-2017-0001.
    As detailed in Section 211.45, if the FRA Administrator determines
an emergency event as defined in 49 CFR 211.45(a) has occurred, or that
an imminent threat of such an emergency occurring exists, and public
safety would benefit from providing the railroad industry with
operational relief, the emergency waiver procedures of 49 CFR 211.45
will go into effect. In such an event, the FRA Administrator will issue
a statement in the ERD indicating the emergency waiver procedures are
in effect and FRA will make every effort to post the statement on its
Web site at http://www.fra.dot.gov. Any party desiring relief from FRA
regulatory requirements as a result of the emergency should submit a
petition for emergency waiver under 49 CFR 211.45(e) and (f). Specific
instructions for filing petitions for emergency waivers under 49 CFR
211.45 are found at 49 CFR 211.45(f). Specific instructions for filing
comments in response to petitions for emergency waivers are at 49 CFR
211.45(h).
    Anyone can search the electronic form of any written communications
and comments received regarding any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-00691 Filed 1-12-17; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Proposed Rules]
[Pages 92753-92755]
[FR Doc No: 2016-30028]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9506; Directorate Identifier 2016-NM-090-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and
-900ER series airplanes. This proposed AD was prompted by a report of
an aborted takeoff because the rudder pedals were not operating
correctly. Investigation revealed a protruding screw in the rudder
pedal heel rest adjacent to the pedals. This proposed AD would require
a torque check of the screws in the cover assembly of the heel rest for
both the Captain and the First Officer's rudder pedals, and corrective
action if necessary. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by February 3,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-9506.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9506; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-9506;
Directorate Identifier 2016-NM-090-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received a report of an aborted takeoff because the rudder
pedals were not operating correctly. Investigation revealed a
protruding screw in the rudder pedal heel rest adjacent to the pedals.
It was determined that the screws in the cover assembly of the heel
rest for both the Captain and the First Officer's rudder pedals may not
have been properly torqued. A protruding screw from the cover assembly
of the heel rest of a rudder pedal could restrict rudder pedal motion
and reduce differential braking control during takeoff or landing,
which could cause a high speed runway excursion.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-25A1732, Revision 1,
dated August 15, 2016. The service information describes procedures for
a torque check of the screws in the cover assembly of the heel rest for
both the Captain and the First Officer's rudder pedals, and corrective
action. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously. For information on the
procedures and compliance times, see this service information at http://www.regulations.gov by searching for

and locating Docket No. FAA-2016-9506.
    The phrase ``corrective actions'' is used in this proposed AD.
Corrective actions correct or address any condition found. Corrective
actions in an AD could include, for example, repairs.

Costs of Compliance

    We estimate that this proposed AD affects 1,187 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Torque check........................  2 work-hours x $85 per               $0             $170         $201,790
                                       hour = $170 per
                                       inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

The Boeing Company: Docket No. FAA-2016-9506; Directorate Identifier
2016-NM-090-AD.

(a) Comments Due Date

    We must receive comments by February 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as identified in Boeing Alert Service Bulletin 737-
25A1732, Revision 1, dated August 15, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment
and Furnishings.

(e) Unsafe Condition

    This proposed AD was prompted by a report of an aborted takeoff
because the rudder pedals were not operating correctly.
Investigation revealed a protruding screw in the rudder pedal heel
rest adjacent to the pedals. It was determined that the screws in
the cover assembly of the heel rest for both the Captain and the
First Officer's rudder pedals may not have been properly torqued. We
are issuing this AD to detect and correct a protruding screw in the
cover assembly of the heel rest of a rudder pedal. A protruding
screw could restrict rudder pedal motion and reduce differential
braking control during takeoff or landing, which could cause a high
speed runway excursion.

(f) Compliance

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

(g) Torque Check

    Within 21 months after the effective date of this AD: Do a one-
time torque check of the screws in the cover assembly of the heel
rest for both the Captain and the First Officer's rudder pedals, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-25A1732, Revision 1, dated August 15, 2016.

(h) Corrective Action

    If the results of the torque check required by paragraph (g) of
this AD indicate that any screw does not hold torque to the required
value, before further flight, replace the affected screw and
associated nutplate, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-25A1732, Revision
1, dated August 15, 2016.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization

Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then
the RC requirement is removed from that step or sub-step. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    (1) For more information about this AD, contact Kelly McGuckin,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone:
425-917-6490; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 7, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-30028 Filed 12-19-16; 8:45 am]
BILLING CODE 4910-13-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Stationary Gas Turbines ( 40 CFR part 60, subpart GG) ( Renewal)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Stationary Gas Turbines ( 40 CFR part 60, subpart GG) ( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS), for the regulations published at 40 CFR part 60, subpart GG were proposed on October 3, 1977, and promulgated on September 10, 1979 ( 44 FR 52798). These regulations apply to existing facilities and new facilities that have stationary gas turbines with a heat input at peak load equal or greater than 10.7 gigajoules per hour ( based on the lower heating value of the fuel fired). New facilities include those that commenced construction, modification, or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 60, subpart GG.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS. Specifically, data is being collected on performance of the continuous monitoring systems for Sulfur Dioxide ( SO 2) and Nitrogen Oxides ( NO x), and any excess emissions or operating parameter exceedances. Recordkeeping is used to document the sulfur and nitrogen content of the fuel; fuel to water ratio; rate of fuel consumption; and ambient conditions. The fuel sulfur content and fuel to water ratio measurements are used to monitor SO 2 and NO x emissions, respectively. This data will be sent to the delegated state or United States Environmental Protection Agency region and entered into the AFS database.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) regional office.

Approximately 535 sources are currently subject to the regulation, and it is estimated that no additional sources per year will become subject to the regulation in the next three years. The estimated respondent burden for this information collection request ( ICR) is 59,519 hours at a cost of $ 3,811,402. The active ( previous) ICR had the following Terms of Clearance ( TOC): 2 " When EPA resubmits the ICR for renewal, the Agency should update the wage rates referenced in Section 6( b) of the supporting statement and should ensure that the wage rates have been properly loaded to include overhead."

EPA has addressed the item of concern in the TOC by using wage rates for this ICR from the United States Department of Labor, Bureau of Labor Statistics, November 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rate has been increased by 110% to account for the benefit packages available to those employed by private industry. This information is addressed in Section 6( b)( i). The wage rate used for the calculation of annual EPA burden are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay. This information is addressed in Section 6( c).

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

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

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

In the Administrator's judgment, SO 2 and NO x emissions from stationary gas turbines cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart GG.

2( b) Practical Utility/ Users of the Data The control of emissions of SO 2 and NO x from stationary gas turbines requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of SO 2 and NO x from stationary gas turbines are the result of operation of the affected facilities. The subject standards are achieved through the capture and/ or reduction of NO x and SO 2 emissions using water injectors, scrubbers, and other air pollution control equipment. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the water injectors, scrubbers, and other air pollution control equipment is properly installed and operated and the regulations are being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. To simulate operating conditions during performance tests the stationary gas turbines must operate with a heat input of 10.7 gigajoules or greater. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subpart GG. 4 3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar standards to implement the federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register ( 68 FR 62289) on November 3, 2003. No comments were received on the burden published in the Federal Register.

3( c) Consultations EPA contacted personnel at the Department of Energy ( Al Beamon, 202 586 2025), the Electric Power Research Institute ( Dan Rastler, 650 855 2521), and the American Petroleum Institute ( Russell Jones, 202 682 8545) to determine the size of the regulated universe, and to determine the rate of growth of the regulated industry. Also, the AFS database was used and was sorted by SIC code.

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

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5. 5 3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, part 2, subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

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

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are stationary gas turbines with a heat input at peak load equal to or greater than 10.7 gigajoules per hour ( based on lower heating value of the fuel fired), commencing construction, modification, or reconstruction after October 3, 1977.

Standard SIC Codes NAICS Codes 40 CFR part 60, subpart GG 0182 Other food crops grown under cover 111411 Other food crops grown under cover 1311 Gas and Petroleum Extraction 211111 Gas and Petroleum Extraction 1321 Natural Gas Liquids 211112 Natural Gas Liquids Extraction 1422 Crushed and Broken Limestone 212312 Crushed and Broken Limestone Mining and Quarrying 1799 All Other Special Trade Contractors 23599 All Other Special Trade Contractors 6 Standard SIC Codes NAICS Codes 2043 Breakfast Cereal 31123 Breakfast Cereal Manufacturing 2067 Chewing Gum 31134 Non chocolate Confectionery Manufacturing 2075 Soybean Oil Mills 311225 Fats and Oils Refining and Blending 2079 Shortening, Table Oils, Margarine, and Other Edible Fats and Oils, NEC 311225 Fats and Oils Refining and Blending 2082 Malt Beverages 31212 Breweries 2241 Narrow Fabric and Other Smallware Mills 313221 Narrow Fabric Mills 2297 Nonwoven Fabrics 31323 Nonwoven Fabric Mills 2611 Pulp Mills 32211 Pulp Mills 2621 Paper Mills 322121 Paper Mills 2653 Corrugated and Solid Fiber Boxes 322211 Corrugated and Solid Fiber Box Manufacturing 2812 Alkalies and Chlorine 325181 Alkalies and Chlorine Manufacturing 2816 Inorganic Pigments 325131 Inorganic Dye and Pigment Manufacturing 2821 Plastics Material and Synthetic Resins, and Nonvulcanizable Elastomers 325211 Plastics Material and Resins Manufacturing 2833 Medicinal Chemicals and Botanical Products 325411 Medicinal and Botanical Manufacturing Standard SIC Codes NAICS Codes 7 2834 Pharmaceutical Preparations 325412 Pharmaceutical Preparation Manufacturing 2865 Cyclic Organic Crudes and Intermediates, and Organic Dyes and Pigments 32511 Petrochemical Manufacturing 2869 Industrial Organic Chemicals 32511 Petrochemical Manufacturing 2873 Nitrogenous Fertilizers 325311 Nitrogenous Fertilizer Manufacturing 2899 Chemicals and Chemical Preparations, NEC 32551 Paint and Coating Manufacturing 2911 Petroleum Refining 32411 Petroleum Refineries 3357 Drawing and Insulating of Nonferrous Wire 331319 Other Aluminum Rolling and Drawing 331422 Copper Wire Drawing 3471 Electroplating, Plating, Polishing, Anodizing, and Coloring 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring 3511 Steam, Gas, and Hydraulic Turbines, and Turbine Generator Set Units 333611 Turbine and Turbine Generator Set Unit Manufacturing 3724 Aircraft Engines and Engine Parts 336412 Aircraft Engines and Engine Parts Manufacturing 3799 Transportation Equipment, NEC 336214 Travel Trailer and Camper Manufacturing 3999 Manufacturing Industries, NEC 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing Standard SIC Codes NAICS Codes 8 326199 All Other Plastics Product Manufacturing 4581 Airports, Flying Fields, and Airport Terminal Services 488119 Other Airport Operations 4613 Refined Petroleum Pipelines 48691 Pipeline Transportation of Refined Petroleum Products 4619 Pipelines, NEC 48699 All Other Pipeline Transportation 4813 Telephone Communications, Except Radiotelephone 51331 Wired Telecommunications Carriers 4911 Electric Services 221112 Fossil Fuel Electric Power Generation 4922 Natural Gas Transmission 48621 Pipeline Transportation of Natural Gas 4923 Natural Gas Transmission and Distribution 22121 Natural Gas Distribution 4924 Natural Gas Distribution 22121 Natural Gas Distribution 4925 Mixed, Manufactured, or Liquified Petroleum Gas Production and/ or Distribution 22121 Natural Gas Distribution 4931 Electric Power Generation by Fossil Fuels When Combined with Other Services 221112 Fossil Fuel Electric Power Generation Standard SIC Codes NAICS Codes 4932 Gas and Other Services Combined 22121 Natural Gas Distribution 9 4939 Combination Utilities 221112 Fossil Fuel Electric Power Generation 4952 Sewerage Systems 22132 Sewage Treatment Systems 4953 Refuse Systems 56292 Materials Recovery Facilities 562213 Solid Waste Combustors and Incinerators 4961 Steam and Air Conditioning Supply 22133 Steam and Air Conditioning Supply 5074 Plumbing and Heating Equipment Supplies ( Hydronics) 42172 Plumbing and Heating Equipment Supplies ( Hydronics) Wholesalers 5149 Groceries and Related Products, NEC 42249 Other Groceries and Related Products Wholesalers 5171 Petroleum Bulk Stations and Terminals 42271 Petroleum Bulk Stations and Terminals 6531 Real Estate Agents and Managers 53121 Offices of Real Estate Agents and Brokers 8062 General Medical and Surgical Hospitals 62211 General Medical and Surgical Hospitals 8221 Colleges, Universities, and Professional Schools 61131 Colleges, Universities, and Professional Schools 8734 Testing Laboratories 54138 Testing Laboratories 8999 Scientific and Related Consulting Services 54169 Other Scientific and Technical Consulting Services Standard SIC Codes NAICS Codes 9221 Police Protection 92212 Police Protection 10 9431 Administration of Public Health Programs 92312 Administration of Public Health Programs 9711 National Security 92811 National Security 4( b) Information Requested ( i) Data Items All data in this ICR that is recorded and/ or reported is required by Standards of Performance for Stationary Gas Turbines ( 40 CFR part 60, subpart GG).

A source must make the following reports:

Notification Reports Notification of construction or reconstruction 60.7( a)( 1)

Notification of actual startup 60.7( a)( 3)

Notification of physical or operational change which may increase the emission rate 60.7( a)( 4)

Notification of performance tests 60.8( d)

Notification of a demonstration of continuous monitoring system 60.7( a)( 5)

Reports Report on initial performance test results 60.8( a)

Report of excess emissions and monitoring systems performance 60.7( c) and 60.334( c)

A source must keep the following records: 11 Recordkeeping Maintain records of startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b)

Maintain records of fuel consumption and fuel to water ratio in the turbine, for sources using water injection to control NO x emissions 60.334( a)

Maintain records of sulfur and nitrogen content of fuel used in turbine 60.334( b)

Maintain records of all measurements, including continuous monitoring system, monitoring device, performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices 60.7( f)

Maintain all records for two years 60.7( f)

Electronic Reporting Presently, sources are using monitoring equipment that provides parameter data in an automated way, e. g., excess NO x and SO 2 emissions. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden. However, electronic reporting systems are still not widely used by the regulatory agencies. It is estimated that approximately 5 percent of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate continuous monitoring systems ( CMS) for NO x and SO 2, or for pressure drop and liquid supply pressure for water injection NO x control devices.

Perform initial performance test, Reference Method 20 test, and repeat performance tests if necessary.

Write the notifications and reports listed above. 12 Respondent Activities Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

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

Audit facility records.

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

5( b) Collection Methodology and Management 13 Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standards. To simulate operating conditions during performance tests the stationary gas turbines must operate with a heat input of 10.7 gigajoules or greater. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

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

The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility There are no small businesses affected by this regulation.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Annual Respondent Burden and Cost, NSPS, subpart GG, Standards of Performance for Stationary Gas Turbines.

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industries subject to the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory. 14 The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 59,519 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a Technical Labor Rate of $ 64.47 per hour. This rate is from the United States Department of Labor, Bureau of Labor Statistics, November 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rate has been increased by 110% to account for the benefit packages available to those employed by private industry. The activities involved in complying with this Subpart are of a sufficiently technical nature and require a certain level of technical familiarity with the control technologies and equipment as to exclude clerical or managerial staff from performing these tasks.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The only costs to the regulated industry resulting from information collection activities required by the subject standards are labor costs. There are no capital/ startup or operation and maintenance costs.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs The only type of industry costs associated with the information collection activity in the regulations are labor costs. There are no capital/ startup or operation and maintenance costs.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information. 15 The average annual Agency cost during the three years of the ICR is estimated to be $ 171,542 [ see Table 2: Average Annual EPA Resource Requirement for Monitoring Stationary Gas Turbines ( NSPS, subpart GG)].

This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 40.08. These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Average Annual EPA Resource Requirement for Monitoring Stationary Gas Turbines ( NSPS, subpart GG), below.

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 535 existing sources are currently subject to the standard. It is estimated that no additional sources per year will become subject to the standard in the next three years. The number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents Year ( A) Number of New Respondents 1 ( B) Number of Existing Respondents ( C) Number of Existing Respondents that Keep Records but do not Submit Reports ( D) Number of Existing Respondents That Are Also New Respondents ( E) Number of Respondents ( E= A+ B+ C D)

1 0 535 0 0 535 2 0 535 0 0 535 3 0 535 0 0 535 Average 0 535 0 0 535 1 New respondents include sources with constructed, reconstructed and modified affected facilities. In this standard existing respondents submit initial notifications.

. As shown above, the average Number of Respondents over the three year period of this ICR is 535. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

The total number of annual responses per year is calculated using the following table: 16 Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Respondents That Keep Records But Do Not Submit Reports ( E) Average Total Annual Responses E=( BxC)+ D Notification of Construction/ Reconstruction 0 1 N/ A 0 Notification of Actual Startup 0 1 N/ A 0 Notification of Initial Perf Test* 0 1.2 N/ A 0 Notification of Demonstration of CMS 0 1 N/ A 0 Semiannual Report 535 2 N/ A 1,070 * Assume 20% of initial performance test must be repeated due to failure.

The number of Total Annual Responses is 1,070. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 3,837,190. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost, NSPS, subpart GG, Standards of Performance for Stationary Gas Turbines.

Note that the total annual capital and O& M costs to the regulated entity is $ 0. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents appear below. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 56 hours per response. 17 6( f) Reasons for Change in Burden The decrease in burden from the most recently approved ICR is due to an adjustment. This decrease is due to a more accurate estimate of the number of existing and new sources subject to the requirements at 40 CFR part 60, subpart GG.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 56 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 valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2003 0143, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue., N. W., Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the OECA Docket is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. 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 Office for EPA. Please include the EPA Docket ID Number OECA 2003 0143 and OMB Control Number 2060 0028 in any correspondence. 18 Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 19 Table 1: Annual Respondent Burden and Cost, NSPS, subpart GG, Standards of Performance for Stationary Gas Turbines.

Requirements Technical Person Hrs/ Occurrence ( A) Occurrences / Plant/ Year ( B) Technical Person Hrs/ Respondent ( C = A X B) Number of Respondents ( D) c Total Annual Technical Person Hrs ( E = C X D) Cost/ Year ($)

( F) a 1. Applications N/ A 2. Survey and Studies N/ A 3. Reporting Requirementse A. Read Instructions 1 1 1 0 0 0 B. Required Activities Initial Performance Tests 110 1 110 0 0 0 Repeat Perf. Test 110 0.2 b 22 0 0 0 C. Create Information Included in 3B.

D. Gather Existing Info Included in 3E.

E. Write Report Notify of Construction/ Reconstruction 2 1 2 0 0 0 Notify of Actual Startup 2 1 2 0 0 0 Notify of Initial Perf Test 2 1.2 b 2.4 0 0 0 20 Table 1: Annual Respondent Burden and Cost, NSPS, subpart GG, Standards of Performance for Stationary Gas Turbines.

Requirements Technical Person Hrs/ Occurrence ( A) Occurrences / Plant/ Year ( B) Technical Person Hrs/ Respondent ( C = A X B) Number of Respondents ( D) c Total Annual Technical Person Hrs ( E = C X D) Cost/ Year ($)

( F) a Notify of Demonstration of CMS 2 1 2 0 0 0 Report of Performance Test Included in 3B.

Excess Emission Reports and Exemption Reports 10 2 20 535 10,700 689,829 4. Recordkeeping Requirements A. Read Instructions Included in 3A.

B. Plan Activities Included in 4C.

Implement Activities Included in 3B.

Develop record system N/ A C. Time to check computer system and calibrate continuous monitor 0.25 365 d 91.25 535 48,819 3,147,361 D. Train personnel N/ A 21 Table 1: Annual Respondent Burden and Cost, NSPS, subpart GG, Standards of Performance for Stationary Gas Turbines.

Requirements Technical Person Hrs/ Occurrence ( A) Occurrences / Plant/ Year ( B) Technical Person Hrs/ Respondent ( C = A X B) Number of Respondents ( D) c Total Annual Technical Person Hrs ( E = C X D) Cost/ Year ($)

( F) a E. Audits N/ A Total Burden to Industry 59,519 3,837,190 a) Assume a technical hourly wage of $ 64.47 ( United States Department of Labor, Bureau of Labor Statistics, November 2003, " Table 10. Private industry, by occupational and industry group."). This amount was multiplied by the hour per year in column E. The Total Annual Burden includes 110% overhead. b) Assume 20% of initial performance test must be repeated due to failure. c) Assume 535 existing sources, and that no new sources will become subject to this standard over the next three years. d) Assume operation 365 days per year as specified in the NSPS review document.

e) No facilities are expected to report quarterly due to the " ice fog" exemption. 22 Table 2: Average Annual EPA Resource Requirement for Monitoring Stationary Gas Turbines ( NSPS, Subpart GG)

Activity EPA Person Hrs/ Occurrence ( A) Occurrences / Plant/ Year ( B) EPA Person Hrs/ Occurrence ( C = A X B) Plants/ Year ( D) c Total EPA Annual Person Hrs ( E = C X D) Cost/ Year ($)

( F) a 1. Performance test N/ A New Plants 24 1.2 b 28.8 0 0 0 2. Report Review Notified of Construction 2 1 2 0 0 0 Notified of Actual Startup 0.5 1 0.5 0 0 0 Notified of Initial Test 0.5 1.2 b 0.6 0 0 0 Notified of CMS Demonstration 0.5 1 0.5 0 0 0 3. Semi Annual Reports N/ A Excess Emissions and Exemption Reports 4 2 8 535 4,280 171,542 Travel 0 Total Annual Cost to EPA 4,280 171,542 a) Total Burden Cost is calculated at a rate of $ 40.08 ( GS 12 Step 1 X 1.6 benefits multiplication factor) b) Assume 20% of initial performance test must be repeated due to failure. c) Assume 535 existing sources and that no new sources will become subject to this standard over the next three years.