Information Collection Request for Title IV of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002: Drinking Water Security and Safety March 11, 2003 Prepared by:

The Cadmus Group, Inc. 1901 North Fort Myer Drive Suite 900 Arlington, Virginia 22209 Prepared for:

Mr. Craig Damron, Project Officer Ms. Lisa Christ, Work Assignment Manager U. S. Environmental Protection Agency Office of Ground Water and Drinking Water EPA East, 2nd Floor 1200 Pennsylvania Avenue, NW Washington, DC 20460 US EPA CONTRACT 68 C 02 069 Work Assignment 0 04 Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 TABLE OF CONTENTS 1 Identification of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Need for and Use of the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( a) Authority and Need for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( b) Use/ Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Non duplication, Consultations and Other Collection Criteria . . . . . . . . . . . . . . . . . . . . . 4 3( a) Non duplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( b) Public Notice Required Prior to ICR Submission to OMB . . . . . . . . . . . . . . . . . . 4 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Respondents and the Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4( a) Respondents and NAICS/ SIC Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4( b)( i) Data Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4( b)( ii) Respondent Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Information Collected   Agency Activities, Collection Methodology and Information Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Estimating the Burden and Cost of the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6( a) Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6( b) Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6( c) Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6( d) Estimating the Respondent Universe and Total Burden and Costs . . . . . . . . . . . 18 6( e) Bottom Line Burden Hours and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6( f) Reasons for Change in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 APPENDICES APPENDIX A: Title IV of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002: Drinking Water Security and Safety APPENDIX B: Burden and Cost Tables LIST OF EXHIBITS Exhibit 1 Average Annual Community Water System Burden and Costs . . . . . . . . . . . . . 15 Exhibit 2 Average Annual Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Exhibit 3 Bottom Line Average Annual Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . 19 Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 ACRONYMS BLS Bureau of Labor Statistics CFR Code of Federal Regulations CWS Community Water System EPA Environmental Protection Agency ICR Information Collection Request ICW Information Correction Worksheet NAICS North American Industry Classification System O& M Operation and Maintenance OGWDW Office of Ground Water and Drinking Water OMB Office of Management and Budget PRA Paperwork Reduction Act PWS Public Water System RFA Regulatory Flexibility Act SBA Small Business Administration SBREFA Small Business Regulatory Enforcement Fairness Act SDWA Safe Drinking Water Act SIC Standard Industrial Classification SOC Standard Occupational Classification Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 1 A community water system is a PWS that serves at least 15 connections used by year round residents or regularly serves at least 25 year round residents.

1 1 IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection Title: Information Collection Request for Title IV of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002: Drinking Water Security and Safety EPA Tracking Number: 2103.01 This Information Collection Request ( ICR) details burden and cost estimates for reporting and recordkeeping activities required under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( Pub. L. 107 188) ( the Act). Specifically, this ICR addresses activities applicable to the United States Environmental Protection Agency ( EPA or the Agency) and certain public water systems ( PWSs) as required under Title IV of the Act, which addresses drinking water security and safety.

1( b) Short Characterization Title IV of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( Pub. L. 107 188) amends the Safe Drinking Water Act ( SDWA). ( See Appendix A for Title IV of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.) The Act requires each community water system ( CWS) 1 serving a population of more than 3,300 people to conduct a vulnerability assessment of its water system and to prepare or revise an emergency response plan that incorporates the results of the vulnerability assessment. To ensure proper compliance with the Act, EPA will collect and review the following items required to be submitted by CWSs on specified dates:

° Certification that the CWS conducted a vulnerability assessment. ° Copy of the vulnerability assessment. ° Certification that the CWS prepared or revised an emergency response plan.

EPA will also conduct compliance reviews of submitted vulnerability assessments.

To address the requirements under Title IV of the Act, EPA is providing baseline information to the CWSs required to conduct vulnerability assessments. EPA developed this information in consultation with other departments and agencies of the federal government and with state and local governments. Information is being provided on the kinds of terrorist attacks or other intentional acts that represent probable threats and that may substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water. EPA also consulted with federal law enforcement and intelligence officials to develop protocols necessary for protecting copies of the vulnerability assessments submitted and for ensuring security of the assessments and information contained in or derived from the assessments. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 2 Dependent on further Congressional appropriations, EPA may provide CWSs with financial or technical assistance for complying with the requirements of this Act. This work is not currently funded.

As explained in Section 2( a), this ICR estimates reporting and recordkeeping burden and costs to CWSs and EPA in response to Title IV of the Act. This ICR estimates burden and costs for calendar years 2003, 2004, and 2005.

For the three year ICR period, the average annual respondent burden and cost to CWSs and EPA is estimated at 2,658,540 hours and $ 157,078,665. The annual burden and cost to CWSs is estimated at 2,652,392 hours and $ 156,540,365. The estimated annual EPA burden for this ICR is 6,148 hours, at an estimated annual cost of $ 538,300.

EPA estimates that $ 82,211 of the annual CWS costs will be spent on operation and maintenance ( O& M) activities. These costs represent postage for delivery of certifications and copies of vulnerability assessments, as well as postage for delivery of certifications of emergency response plans. This $ 82,211 represents the " cost burden" as reported in the official Office of Management and Budget ( OMB) inventory. Note that these costs are for O& M only; there are no capital costs associated with the CWS activities covered by this ICR. EPA is estimated to incur $ 166,667 in annual O& M costs for reimbursing training providers and for establishing proper security procedures for handling and storing vulnerability assessments. EPA is also estimated to incur $ 16,667 in annual capital costs to complete security enhancements necessary to store and handle vulnerability assessments.

The total number of respondents for this ICR is 8,487; these respondents are all CWSs serving more than 3,300 people. The annual number of responses for these respondents is 22,499, which averages to 2.65 responses per respondent annually.

This ICR has been completed in accordance with the February 1999 version of EPA's Guide to Writing Information Collection Requests Under the Paperwork Reduction Act ( PRA) of 1995 ( hereafter, the " ICR Handbook"). The ICR Handbook was prepared by EPA's Office of Environmental Information, Office of Information Collection, Collection Strategies Division. The ICR Handbook provides the most current instructions for ICR preparation to ensure compliance with the 1995 Paperwork Reduction Act Amendments and OMB's implementing guidelines. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 3 2 NEED FOR AND USE OF THE COLLECTION 2( a) Authority and Need for the Collection EPA derives authority to collect this information from the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( Pub. L. 107 188). Through this Act, Congress conveyed the importance of protecting the nation's drinking water supply from intentional attack. The terrorist attacks of September 11, 2001, have resulted in a heightened awareness of the threat faced by the nation's citizens, its institutions, and its infrastructure. This includes the threat to the CWSs that supply the nation with safe drinking water. Congress mandated that CWSs assess their vulnerability to terrorist attacks and other intentional acts that would jeopardize a system's ability to ensure a safe and reliable supply of drinking water. To provide this security, systems must certify to the Agency that they have conducted these assessments and completed emergency response plans.

2( b) Use/ Users of the Data EPA will use the information collected under this ICR to determine whether CWSs have conducted vulnerability assessments and prepared emergency response plans in compliance with the Act. EPA will also use information submitted with the grant applications to provide federal financial assistance to CWSs for completing vulnerability assessments and emergency response plans and for complying with the Act.

Primary users of the information collected under this ICR include the EPA Office of Ground Water and Drinking Water ( OGWDW), EPA Regional Administrators, and CWSs. Only entities designated by the Administrator may have access to the vulnerability assessments or information contained in or derived from the assessments ( except as noted in Section 1433( a)( 6)( A), 1433( a)( 6)( B), and 1433( a)( 7) of the Act). Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 4 3 NON DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA 3( a) Non duplication The information to be collected under this ICR is required by a new federal law. It does not duplicate any previous work. To the best of the Agency's knowledge, data requested to meet the requirements of the Act are not available from any other source.

The requested information will be prepared or compiled by CWSs. If CWSs have already developed emergency response plans, they are only required to update them with information from the vulnerability assessments that have not been developed or collected previously. Therefore, the information that EPA will collect is not unnecessarily duplicative of information otherwise available to the Agency.

3( b) Public Notice Required Prior to ICR Submission to OMB To comply with the 1995 Amendments to the PRA, EPA solicited public comment on this ICR for a 10 day period before it was submitted to OMB.

3( c) Consultations Because of the critical nature of the information to be collected under this ICR ( i. e., ensuring safe and reliable drinking water), requirements for collection have been developed quickly. However, EPA has made an effort to consult with as many affected entities as possible within the limited time available. EPA worked closely with other federal agencies, state and local governments, CWSs, and industry organizations to ensure that the program developed is both effective and efficient. The Agency will continue to work closely with affected entities throughout further development and implementation of these requirements.

3( d) Effects of Less Frequent Collection Only one response is required for each of three information categories ( i. e., the vulnerability assessment, certification of the vulnerability assessment, and certification of the emergency response plan). These three items are mandated by Congress; to collect less often would be a failure to implement the law.

3( e) General Guidelines This ICR was developed in accordance with the February 1999 version of the ICR Handbook prepared by EPA's Office of Environmental Information, Office of Information Collection, Collection Strategies Division. The ICR Handbook provides the most current instructions for ICR preparation to ensure compliance with the 1995 PRA amendments and OMB's implementing guidelines. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 5 This collection does not violate any of the OMB guidelines for information collection activities. Specifically, the respondents are not required to:

° Report information to EPA more than quarterly.

° Prepare a written response to a collection of information in fewer than 30 days after receipt of a request.

° Submit more than an original and two copies of any document.

° Participate in a statistical survey that is not designed to produce data that can be generalized to the universe of the study.

° Use a statistical data classification that has not been reviewed and approved by OMB.

Though OMB guidelines state that respondents are not required to retain records, other than health, medical, government contract, grant in aid or tax records, for more than three years, this collection requires CWSs to retain copies of their emergency response plans for five years after certification by EPA. The authority to do so is stated directly from the Act: " each community water system shall maintain a copy of the emergency response plan completed pursuant to subsection ( b) for 5 years after such plan has been certified to the Administrator under this section." ( Pub. L. 107 188, Sec. 1433( c))

3( f) Confidentiality Because the Act requires collection of information that must remain confidential, CWSs will generally ship vulnerability assessments to EPA by courier service directly to a receiving location that secures the information, allowing access only by properly designated individuals. Each CWS is expected to retain a copy of its vulnerability assessment and emergency response plan in accordance with the recordkeeping requirements contained in the Act. EPA has enacted protocols to secure the vulnerability assessments upon receipt. Only individuals granted access by the EPA Administrator will have authorization to view the vulnerability assessments and any information derived from them ( except as noted in Section 1433( a)( 6)( A), 1433( a)( 6)( B), and 1433( a)( 7) of the Act).

3( g) Sensitive Questions No questions of a sensitive nature are included in any of the information collection requirements outlined in this ICR. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 2 Currently, this ICR only includes descriptions of grant activities and unit burden and costs. If Congress appropriates funds for the grants, average annual burden and costs for grant applications and review will be added to the ICR through an Information Correction Worksheet ( ICW). The appropriation will determine availability and funding levels for new grants.

6 4 RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and NAICS/ SIC Codes Data associated with this ICR are collected and maintained by EPA and by CWSs serving more than 3,300 persons. The North American Industry Classification System ( NAICS) Code for investor owned water systems is 22131; the Standard Industrial Classification ( SIC) Code is 4941. The NAICS Code for publicly owned water systems is 92411; the SIC Code is 9511.

4( b) Information Requested This ICR covers activities outlined by Title IV of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. This ICR summarizes information collection activities, data items, and respondent activities associated with Title IV of the Act.

4( b)( i) Data Items Each CWS serving more than 3,300 people must conduct a vulnerability assessment of the water system, must certify to EPA that it has conducted this assessment, must revise an existing or prepare a new emergency response plan using the information obtained from the vulnerability assessment, and must certify the completion of this plan to EPA. CWSs may apply for financial assistance to complete the vulnerability assessment but must submit a grant application to do so. 2 Title IV of the Act requires each CWS to submit the following to EPA:

° Copy of vulnerability assessment. ° Certification of vulnerability assessment conduct. ° Certification of completed emergency response plan.

Additionally, the Act requires each CWS to retain a copy of its emergency response plan for a minimum of five years. CWSs may also maintain records of other documents ( e. g., copies of grant applications, vulnerability assessments, and certifications) as necessary. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 7 4( b)( ii) Respondent Activities Respondents for this information collection include community water systems serving more than 3,300 people. Because the Bioterrorism Act does not specify reporting or recordkeeping requirements for states, this ICR assumes no state activities associated with the Act. Each CWS is expected to complete the following activities to comply with Title IV of the Act: ° Read and understand the requirements.

° Complete vulnerability assessment training.

° Conduct an assessment of the vulnerability of the system to a terrorist attack or other intentional act intended to disrupt substantially the ability of the system to provide a safe and reliable supply of drinking water. This assessment should include ( but is not limited to) a review of pipes and constructed conveyances; physical barriers; water collection, pretreatment, treatment, storage and distribution facilities; electronic, computer, or other automated systems which are utilized by the system; the use, storage, or handling of various chemicals; and the operation and maintenance of the system.

° Certify to EPA that the system has conducted a vulnerability assessment.

° Send the vulnerability assessment to EPA.

° Prepare or revise an emergency response plan that incorporates the results of the vulnerability assessment and includes ( but is not limited to) plans, procedures, and identification of equipment that can be implemented or utilized in the event of a terrorist or other intentional attack on the public water system.

° Certify to EPA that the system has prepared or revised an emergency response plan.

° Maintain appropriate records as specified by the Act.

In addition, some CWSs may submit a grant application if funds become available. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 8 5 INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY AND INFORMATION MANAGEMENT 5( a) Agency Activities EPA will conduct activities associated with this information collection to meet requirements of Title IV of the Act. These activities are listed below.

° Read and understand the Act.

° Review grant requests, if funding is appropriated.

° Provide vulnerability assessment training for CWSs.

° Review submitted vulnerability assessments for compliance with the Act.

° Review vulnerability assessment certifications for compliance with the Act.

° Review emergency response plan certifications.

° Maintain records as specified by the Act.

5( b) Collection Methodology and Management In collecting the information associated with this ICR, EPA will use the U. S. Postal Service or overnight delivery services. CWSs should submit their vulnerability assessments, vulnerability assessment certifications, and emergency response plan certifications to EPA by courier service directly to a receiving location that secures the information. EPA must maintain information related to the vulnerability assessments in such a way as to monitor and limit access to authorized individuals. Access to the information must be limited to properly designated individuals as required by the Agency's Information Security Protocol.

EPA will ensure compliance with the Act by tracking the submission of vulnerability assessments, vulnerability assessment certifications, and emergency response plan certifications. EPA will review a statistically representative sample of the submitted vulnerability assessments to ensure that all applicable requirements of the Act are being met. In addition, EPA will review grant applications, as necessary. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 3 These definitions are taken from section 601 of the Regulatory Flexibility Act.

9 5( c) Small Entity Flexibility In developing this ICR for the requirements of the Act, EPA considered the requirement of the Small Business Regulatory Enforcement Fairness Act ( SBREFA) to minimize the burden of information collections on small entities. Small entities include " small businesses," " small organizations," and " small government jurisdictions." These terms are defined below. 3 ° A small business is any business that is independently owned and operated and not dominant in its field, as defined by the Small Business Administration ( SBA) regulations under Section 3 of the Small Business Act.

° A small organization is any non profit enterprise that is independently owned and operated and not dominant in its field.

° A small governmental jurisdiction is the government of a city, county, town, township, village, school district or special district that has a population of fewer than 50,000. This definition may also include Indian tribes.

The major requirement under SBREFA is a regulatory flexibility analysis of all rules that have a " significant economic impact on a substantial number of small entities." Since EPA is not promulgating a rule, this ICR is not subject to SBREFA.

Considering the resources available to small CWSs, EPA is providing training for conducting vulnerability assessments and preparing emergency response plans. EPA will also provide financial assistance to CWSs, as funding is appropriated by Congress. However, EPA believes that the burden on small systems will be minimal. In addition, the Act is applicable only to CWSs serving more than 3,300 people. The smallest systems, consequently, are not affected by information collection activities covered in this ICR.

5( d) Collection Schedule The schedule for this information collection is detailed below. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 10 Vulnerability Assessments and Certifications Community water systems must certify and submit to EPA copies of their vulnerability assessments prior to the following dates:

° March 31, 2003, for systems serving a population of 100,000 or more.

° December 31, 2003, for systems serving a population of 50,000 to 99,999 people.

° June 30, 2004, for systems serving a population greater than 3,300 but less than 50,000.

Emergency Response Plan Certifications A community water system must certify to EPA that it has prepared or revised an emergency response plan by the earlier of the following deadlines:

° Within six months of certifying to EPA that the system has conducted a vulnerability assessment.

° Not later than six months after the statutory deadline for certifying to EPA that the system has conducted a vulnerability assessment. ( March 31, 2003, for systems serving 100,000 or more people; December 31, 2003, for systems serving 50,000 to 99,999 people; and June 30, 2004, for systems serving 3,301 to 49,999 people).

Grant Applications At its discretion and depending on available funding, EPA may develop additional grant programs to provide CWSs with financial assistance for conducting vulnerability assessments, preparing emergency response plans, and completing other activities to comply with the Act. Grant availability and funding levels have not yet been determined. If such programs are announced, CWSs may submit grant applications in accordance with guidelines established by EPA. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 11 6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION This section describes the annual burden and costs for the information collection activities necessary to meet the requirements of Title IV of the Act. The burden and cost estimates for CWSs are discussed in detail in Section 6( a) and ( b). The Agency's burden and cost estimates are outlined in Section 6( c). Because the Bioterrorism Act does not specify reporting or recordkeeping requirements for states, the states assume no burden or costs for activities associated with this ICR.

To the extent possible, estimates were based on consultations with individuals who have already prepared vulnerability assessments and emergency response plans. EPA emphasizes that the per respondent estimates represent the average burden and cost over the three year period covered by this ICR ( 2003 through 2005). Some respondents will incur higher ( sometimes significantly higher) costs and some will fall below the average ( e. g., some very large systems, which represent a small fraction of the total number of systems, may spend over one million dollars on their vulnerability assessments). Detailed burden and cost estimates for CWSs and EPA are provided in Exhibits 1, 2, and 3, as well as in Appendix B.

6( a) Respondent Burden The average annual respondent burden for CWSs is summarized in Exhibit 1. Appendix B provides detail of the annual estimated respondent burden for CWSs to complete the activities described in section 4( b)( ii). EPA estimates a total average annual respondent burden of 2,652,392 hours for complying with the requirements of Title IV of the Act. This estimate includes burden hours associated with reading and understanding Title IV of the Act, preparing grant applications ( if authorized), completing training, conducting vulnerability assessments, certifying the conduct of vulnerability assessments, preparing or revising emergency response plans, certifying the conduct of emergency response plans, and recordkeeping. The derivation of each estimate is described below.

Reading and Understanding Requirements The estimate for the CWS burden to read and understand the Act's requirements is 8 hours per system. This is the total burden per system required for multiple key personnel to read and understand the requirements. EPA based this estimate on its experience with systems reading and understanding requirements of similar complexity. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 4 Currently, this ICR only includes descriptions of grant activities and unit burden and costs. If Congress appropriates funds for the grants, average annual burden and costs for grant applications and review will be added to the ICR through an Information Correction Worksheet ( ICW). The appropriation will determine availability and funding levels for new grants.

12 Preparing Grant Applications The estimate for the CWS burden to prepare a grant application is 40 hours per system4. EPA based this estimate on its knowledge of the burden associated with previously administered grant programs.

Training For staff training, EPA estimated that CWSs serving 3,301 to 49,999 people will require 8 hours, and CWSs serving 50,000 or more people will require 48 hours. The Agency based these estimates on preliminary consultations with CWSs and EPA Regional personnel.

Conducting Vulnerability Assessments The burden associated with conducting vulnerability assessments is estimated based on system size, with burdens ranging from 85 hours ( for the smallest systems required to fulfill the Act's provisions) to 6,794 hours ( for the largest CWSs). EPA based its estimates for vulnerability assessment burden on preliminary consultations with CWSs and EPA Regional personnel and on information from previous grant applications.

Certifying Conduct of Vulnerability Assessments EPA estimated that CWSs will require 2 hours to prepare a vulnerability assessment certification, based on the Agency's experience with similar certification requirements.

Preparing or Revising Emergency Response Plans The estimate for the CWS burden to prepare an emergency response plan is 42 hours for systems serving 3,301 to 9,999 people, 213 hours for systems serving 10,000 to 49,999 people, and 255 hours for systems serving populations of 50,000 or greater. To revise an emergency response plan, the Agency estimated the burden at 28 hours for systems serving 3,301 to 9,999 people, 100 hours for systems serving 10,000 to 49,999 people, and 120 hours for systems serving populations of 50,000 or greater. The Agency used a three step process to arrive at these estimates. First, based on its consultations with CWSs and EPA Regional personnel, EPA estimated the burden required both to prepare and to revise an emergency response plan. It then estimated the percentage of these plans related specifically to the security of the system Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 5 The quoted rate was $ 33.76 in year 2000 dollars ( see http:// stats. bls. gov). For accuracy, this rate has been adjusted for inflation to 2002 dollars using the Employment Cost Index for Electric, Gas, and Sanitary Services ( 3Q 2002: 167.2; 4Q 2000: 153.4). The rate in 2002 dollars is $ 36.80. In addition, 60 percent overhead was assumed, bringing the loaded rate to $ 58.88 in 2002 dollars.

13 preparing the plan. Finally, multiplying the estimated unit burden for preparing or revising an emergency response plan by the percentage of the plan related to security yielded the estimated unit burden for emergency response plans under the Act.

Certifying the Completion of Emergency Response Plans EPA estimates that CWSs will require 2 hours to prepare an emergency response plan certification, based on the Agency's experience with similar certification requirements.

Recordkeeping EPA estimates the CWS burden for recordkeeping to be 0.25 hours per record kept, based on the Agency's experience with maintaining records.

6( b) Respondent Costs Exhibit 1 shows the annual average costs for CWSs over the three year ICR period. CWS labor costs are estimated by applying an hourly labor rate to the burden hour estimates ( as explained in 6( a) above). For purposes of calculating CWS labor costs, EPA assumed a single average hourly wage rate of $ 58.88. The rate is derived from the rate quoted by the Bureau of Labor Statistics ( BLS) for Standard Occupational Classification ( SOC) code 11 1021 ( General and Operations Managers). 5 EPA estimates that CWSs will incur an average annual labor cost of $ 156,458,154 for these requirements. Appendix B provides detailed cost calculations for the information collection activities covered by this ICR.

CWSs incur no capital costs associated with this ICR. CWSs are estimated to incur O& M costs ($ 82,211 annually) to cover postage for submitting grant applications ( when authorized), vulnerability assessments, vulnerability assessment certifications, and emergency response plan certifications. Given the sensitive nature of these materials, EPA assumed that each CWS will submit the required information by certified, return receipt mail or courier service at a cost of $ 25.21 to ship the vulnerability assessment and associated certification and $ 3.85 to ship the certification of emergency response plan completion. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 14 Exhibit 1 Average Annual Community Water System Burden and Costs Activity Responses Burden Hours1 Labor Costs O& M Costs Total Annual Costs Read/ Understand Act 2,829 22,632 $ 1,332,466 $ 0 $ 1,332,466 Grant Requests 0 0 $ 0 $ 0 $ 0 Training 2,696 27,901 $ 1,642,700 $ 0 $ 1,642,700 Develop Vulnerability Assessment 2,829 2,330,125 $ 137,484,607 $ 0 $ 137,484,607 Certification of Assessment 2,829 5,658 $ 333,117 $ 71,319 $ 404,436 Prepare Emergency Response Plan 1,635 167,909 $ 9,885,710 $ 0 $ 9,885,710 Revise Emergency Response Plan 1,195 91,093 $ 5,363,158 $ 0 $ 5,363,158 Certification of Emergency Response Plan 2,829 5,658 $ 333,117 $ 10,892 $ 344,009 Recordkeeping 5,658 1,415 $ 83,279 $ 0 $ 83,279 Total 22,499 2,652,392 $ 156,458,154 $ 82,211 $ 156,540,365 Notes: Detail may not add exactly to total due to independent rounding.

1 Hours reflect an annual average for all system sizes over the three year ICR period.

6( c) Agency Burden and Costs To implement Title IV of the Act, EPA will incur burden and costs. Cost and burden estimates for EPA's activities associated with the Act are detailed in Exhibit 2 and Appendix B. For the three year ICR period, EPA estimated that the average annual burden to the Agency will be 6,148 hours. This estimate includes burden incurred by EPA staff for the activities outlined in Section 5( a) above. The derivation of these burden hours follows.

Reading and Understanding Requirements Given previous experience with regulations similar complexity, EPA estimated that its staff will require 40 hours to read and understand the requirements of Title IV of the Act. This estimate assumed that several key staff members will read the requirements. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 6 Currently, this ICR only includes descriptions of grant activities and unit burden and costs. If Congress appropriates funds for the grants, average annual burden and costs for grant applications and review will be added to the ICR through an Information Correction Worksheet ( ICW). The appropriation will determine availability and funding levels for new grants.

15 Reviewing Grant Applications The estimate for the Agency's burden to review a grant application varies by system size: 20 hours to review applications from systems serving 3,301 to 49,999 people and 40 hours to review applications from systems serving populations of 50,000 or greater6. EPA based this estimate on its experience with previously administered grant programs.

Training EPA estimated a 40 hour burden for selecting and administering contractors to train CWSs for preparing vulnerability assessments and emergency response plans. EPA derived this estimate from previous, similar outsourcing of system training.

Reviewing Vulnerability Assessments and Certifications As stated in Section 5, EPA will ensure compliance with the Act by tracking the submission of vulnerability assessments and certifications of vulnerability assessment conduct. EPA will review a statistically representative sample of the submitted vulnerability assessments to ensure that all applicable requirements of the Act are being met. Based on EPA's recent experience with vulnerability assessments, the Agency has estimated an average review time for each CWS size category as follows:

° 0.6 hours for systems serving 3,301 to 49,999 people. ° 1.1 hours for systems serving 50,000 to 99,999 people. ° 1.3 hours for systems serving 100,000 or more people.

These estimates are weighted averages based on the anticipated review time and the number of reviews that EPA will conduct. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 7 According to the Office of Personnel Management 2002 GS Pay Schedule, the GS 13 Step 5 salary is $ 75,058. By adding the standard government benefits factor of 1.6, the average salary plus benefits is $ 120,093.

16 Reviewing Emergency Response Plan Certifications EPA estimated that it will incur 0.25 hours of burden to review each certification of emergency response plan completion. EPA based this estimate on its experience reviewing certifications for other EPA administered programs.

Recordkeeping To both file and secure the records required by Title IV of the Act, EPA estimated that it will incur a 0.25 hour burden for each record and an additional 2,080 hours annually for security. The Agency estimated this burden based on its experience with maintaining similar records. The annual security burden is for one staff member devoted full time to security of those records.

For the 6,148 burden hours, EPA will incur annual labor costs of $ 354,966 to implement the Act's requirements. The following assumptions were used to develop a cost estimate for EPA activities associated with Title IV of the Act:

° The average salary and benefits for EPA staff is at the GS 13, Step 5 level of $ 120,093.7 ° There are 2,080 hours per person year.

° The average hourly rate is $ 57.74.

EPA also incurs $ 166,667 in annual O& M costs for providing vulnerability assessment development training to CWSs. This estimate begins with the assumption that each contractor hired to provide training will cost $ 50,000. Assuming ten trainers ( roughly one for each Region), this amounts to $ 500,000 over the three year ICR period. Although EPA may distribute grant monies should they be authorized by Congress, availability and funding for new grants have not yet been determined.

In addition to the labor costs incurred for these activities, EPA cost estimates include the cost of security enhancements designed to protect contents of the vulnerability assessments. These are considered capital costs, which are estimated at $ 16,667 annually. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 8 See Appendix B for detailed derivations of these burden and cost estimates.

17 Exhibit 2 Average Annual Agency Burden and Costs Activity Burden Hours1 Labor Costs O& M Costs Capital Costs Total Annual Costs Read/ Understand Requirements 13 $ 770 $ 0 $ 0 $ 770 Review Grant Requests 0 $ 0 $ 0 $ 0 $ 0 Training 133 $ 7,698 $ 166,667 $ 0 $ 174,365 Review Vulnerability Assessments and Certifications 1,800 $ 103,902 $ 0 $ 0 $ 103,902 Review Emergency Response Plan Certifications 707 $ 40,834 $ 0 $ 0 $ 40,834 Recordkeeping 3,495 $ 201,762 $ 0 $ 16,667 $ 218,429 Total 6,148 $ 354,966 $ 166,667 $ 16,667 $ 538,300 Note: Detail may not add exactly to total due to independent rounding.

1 Hours reflect an annual average for all system sizes over the three year ICR period.

6( d) Estimating the Respondent Universe and Total Burden and Costs The only respondents for this ICR are CWSs serving populations of more than 3,300 people. This ICR estimates the number of such CWSs at 8,487. The total costs and burden for these respondents are summarized in Exhibit 1. Agency costs and burden are detailed in Section 6( c) and in Exhibit 2.

6( e) Bottom Line Burden Hours and Costs The bottom line burden hours and costs appear in Exhibit 38. The total annual average respondent burden associated with this ICR is estimated to be 2,652,392 burden hours. The corresponding total annual average respondent costs are estimated to be $ 156,540,365. The total national burden, including respondent burden and EPA burden, is estimated to be 2,658,540 hours annually. The total national cost, for respondents and EPA, is estimated to be $ 157,078,665 annually, with $ 156,813,120 in annual labor costs, $ 248,878 in O& M costs, and $ 16,667 in capital costs. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 9 This represents the " cost burden" as reported in the OMB inventory. Note that there are no CWS capital costs associated with this ICR.

18 Exhibit 3 Bottom Line Average Annual Burden and Costs Number of Respondents 8,487 Community water systems Total Annual Responses 22,499 Community water system responses Number of Responses per Respondent 2.65 = 22,499 / 8,487 Total annual responses from above Total respondents from above Total Annual Respondent Burden Hours 2,652,392 Community water system hours Hours per Response 117.9 = 2,652,392 / 22,499 Total annual hours from above Total responses from above Annual O& M Costs9 $ 82,211 Community water system O& M costs Total Annual Respondent Cost $ 156,540,365 Community water systems costs Total Annual Hours ( respondent plus Agency) 2,658,540 = 2,652,392 + 6,148 Total respondent hours Total EPA hours Total Annual Cost ( respondent plus Agency) $ 157,078,665 = $ 156,540,365 + $ 538,300 Total respondent cost Total EPA cost Note: Detail may not add exactly to total due to independent rounding.

6( f) Reasons For Change In Burden Since this is the initial ICR for a new requirement, this ICR does not modify an existing ICR and thus does not change existing burden.

6( g) Burden Statement The public reporting burden for collections included in this ICR is detailed in Exhibit 3 above. The annual respondent burden is estimated to average 117.9 hours per respondent per year, which is attributed to CWSs. This estimate includes time for reading and understanding the requirements, completing training, conducting a vulnerability assessment, certifying that the vulnerability assessment was conducted, preparing or revising an emergency response plan, certifying the completion of an emergency response plan, and maintaining the required records. Public Health Security and Bioterrorism Preparedness and Response Act ICR March 11, 2003 19 Burden means the total time, effort, or financial resources expended by people to generate, maintain, retain, 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 request for information collection 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 No. OW 2003 0013, which is available for public viewing at the Water Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. 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 room is ( 202) 566 1744, and the telephone number for the Water Docket is ( 202) 566 2426. 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, to access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OW 2003 0013) in any correspondence. Appendix A Title IV of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002: Drinking Water Security and Safety 116 STAT. 682 PUBLIC LAW 107   188   JUNE 12, 2002 TITLE IV   DRINKING WATER SECURITY AND SAFETY SEC. 401. TERRORIST AND OTHER INTENTIONAL ACTS.

The Safe Drinking Water Act ( title XIV of the Public Health Service Act) is amended by inserting the following new section after section 1432:

`` SEC. 1433. TERRORIST AND OTHER INTENTIONAL ACTS.

``( a) VULNERABILITY ASSESSMENTS.   ( 1) Each community water system serving a population of greater than 3,300 persons shall conduct an assessment of the vulnerability of its system to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water. The vulnerability assessment shall include, but not be limited to, a review of pipes and constructed conveyances, physical barriers, water collection, pretreatment, treatment storage and distribution facilities, electronic, computer or other automated systems which are utilized by the public water system, the use, storage, or handling of various chemicals, and the operation and maintenance of such system. The Administrator, not later than August 1, 2002, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall provide baseline information to community water systems required to conduct vulnerability assessments regarding which kinds of terrorist attacks or other intentional acts are the probable threats to   ` `( A) substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water; or ``( B) otherwise present significant public health concerns. ``( 2) Each community water system referred to in paragraph ( 1) shall certify to the Administrator that the system has conducted an assessment complying with paragraph ( 1) and shall submit to the Administrator a written copy of the assessment. Such certification and submission shall be made prior to: ``( A) March 31, 2003, in the case of systems serving a population of 100,000 or more. ``( B) December 31, 2003, in the case of systems serving a population of 50,000 or more but less than 100,000. ``( C) June 30, 2004, in the case of systems serving a population greater than 3,300 but less than 50,000. ``( 3) Except for information contained in a certification under this subsection identifying the system submitting the certification and the date of the certification, all information provided to the Administrator under this subsection and all information derived therefrom shall be exempt from disclosure under section 552 of title 5 of the United States Code. ``( 4) No community water system shall be required under State or local law to provide an assessment described in this section to any State, regional, or local governmental entity solely by reason of the requirement set forth in paragraph ( 2) that the system submit such assessment to the Administrator. ``( 5) Not later than November 30, 2002, the Administrator, in consultation with appropriate Federal law enforcement and intelligence officials, shall develop such protocols as may be necessary to protect the copies of the assessments required to be submitted Deadlines. Protocols. Certification. Deadlines. Deadline. 42 USC 300i   2.

VerDate 11 MAY 2000 08: 43 Jul 03, 2002 Jkt 000000 PO 00000 Frm 00090 Fmt 6580 Sfmt 6581 PUBL188.107 APPS28 PsN: APPS28 116 STAT. 683 PUBLIC LAW 107   188   JUNE 12, 2002 under this subsection ( and the information contained therein) from unauthorized disclosure. Such protocols shall ensure that   ` `( A) each copy of such assessment, and all information contained in or derived from the assessment, is kept in a secure location; ``( B) only individuals designated by the Administrator may have access to the copies of the assessments; and ``( C) no copy of an assessment, or part of an assessment, or information contained in or derived from an assessment shall be available to anyone other than an individual designated by the Administrator. At the earliest possible time prior to November 30, 2002, the Administrator shall complete the development of such protocols for the purpose of having them in place prior to receiving any vulnerability assessments from community water systems under this subsection. ``( 6)( A) Except as provided in subparagraph ( B), any individual referred to in paragraph ( 5)( B) who acquires the assessment submitted under paragraph ( 2), or any reproduction of such assessment, or any information derived from such assessment, and who knowingly or recklessly reveals such assessment, reproduction, or information other than   ` `( i) to an individual designated by the Administrator under paragraph ( 5), ``( ii) for purposes of section 1445 or for actions under section 1431, or ``( iii) for use in any administrative or judicial proceeding to impose a penalty for failure to comply with this section, shall upon conviction be imprisoned for not more than one year or fined in accordance with the provisions of chapter 227 of title 18, United States Code, applicable to class A misdemeanors, or both, and shall be removed from Federal office or employment. ``( B) Notwithstanding subparagraph ( A), an individual referred to in paragraph ( 5)( B) who is an officer or employee of the United States may discuss the contents of a vulnerability assessment submitted under this section with a State or local official. ``( 7) Nothing in this section authorizes any person to withhold any information from Congress or from any committee or subcommittee of Congress. ``( b) EMERGENCY RESPONSE PLAN.   Each community water system serving a population greater than 3,300 shall prepare or revise, where necessary, an emergency response plan that incorporates the results of vulnerability assessments that have been completed. Each such community water system shall certify to the Administrator, as soon as reasonably possible after the enactment of this section, but not later than 6 months after the completion of the vulnerability assessment under subsection ( a), that the system has completed such plan. The emergency response plan shall include, but not be limited to, plans, procedures, and identification of equipment that can be implemented or utilized in the event of a terrorist or other intentional attack on the public water system. The emergency response plan shall also include actions, procedures, and identification of equipment which can obviate or significantly lessen the impact of terrorist attacks or other intentional actions on the public health and the safety and supply of drinking water provided to communities and individuals. Community water systems Certification. Deadline.

VerDate 11 MAY 2000 08: 43 Jul 03, 2002 Jkt 000000 PO 00000 Frm 00091 Fmt 6580 Sfmt 6581 PUBL188.107 APPS28 PsN: APPS28 116 STAT. 684 PUBLIC LAW 107   188   JUNE 12, 2002 shall, to the extent possible, coordinate with existing Local Emergency Planning Committees established under the Emergency Planning and Community Right to Know Act ( 42 U. S. C. 11001 et seq.) when preparing or revising an emergency response plan under this subsection. ``( c) RECORD MAINTENANCE.   Each community water system shall maintain a copy of the emergency response plan completed pursuant to subsection ( b) for 5 years after such plan has been certified to the Administrator under this section. ``( d) GUIDANCE TO SMALL PUBLIC WATER SYSTEMS.   The Administrator shall provide guidance to community water systems serving a population of less than 3,300 persons on how to conduct vulnerability assessments, prepare emergency response plans, and address threats from terrorist attacks or other intentional actions designed to disrupt the provision of safe drinking water or significantly affect the public health or significantly affect the safety or supply of drinking water provided to communities and individuals ``( e) FUNDING.   ( 1) There are authorized to be appropriated to carry out this section not more than $ 160,000,000 for the fiscal year 2002 and such sums as may be necessary for the fiscal years 2003 through 2005. ``( 2) The Administrator, in coordination with State and local governments, may use funds made available under paragraph ( 1) to provide financial assistance to community water systems for purposes of compliance with the requirements of subsections ( a) and ( b) and to community water systems for expenses and contracts designed to address basic security enhancements of critical importance and significant threats to public health and the supply of drinking water as determined by a vulnerability assessment conducted under subsection ( a). Such basic security enhancements may include, but shall not be limited to the following: ``( A) the purchase and installation of equipment for detection of intruders; ``( B) the purchase and installation of fencing, gating, lighting, or security cameras; ``( C) the tamper proofing of manhole covers, fire hydrants, and valve boxes; ``( D) the rekeying of doors and locks; ``( E) improvements to electronic, computer, or other automated systems and remote security systems; ``( F) participation in training programs, and the purchase of training manuals and guidance materials, relating to security against terrorist attacks; ``( G) improvements in the use, storage, or handling of various chemicals; and ``( H) security screening of employees or contractor support services. Funding under this subsection for basic security enhancements shall not include expenditures for personnel costs, or monitoring, operation, or maintenance of facilities, equipment, or systems. ``( 3) The Administrator may use not more than $ 5,000,000 from the funds made available under paragraph ( 1) to make grants to community water systems to assist in responding to and alleviating any vulnerability to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water ( including VerDate 11 MAY 2000 08: 43 Jul 03, 2002 Jkt 000000 PO 00000 Frm 00092 Fmt 6580 Sfmt 6581 PUBL188.107 APPS28 PsN: APPS28 116 STAT. 685 PUBLIC LAW 107   188   JUNE 12, 2002 sources of water for such systems) which the Administrator determines to present an immediate and urgent security need. ``( 4) The Administrator may use not more than $ 5,000,000 from the funds made available under paragraph ( 1) to make grants to community water systems serving a population of less than 3,300 persons for activities and projects undertaken in accordance with the guidance provided to such systems under subsection ( d).

SEC. 402. OTHER SAFE DRINKING WATER ACT AMENDMENTS.

The Safe Drinking Water Act ( title XIV of the Public Health Service Act) is amended by inserting the following new sections after section 1433 ( as added by section 401 of this Act):

`` SEC. 1434. CONTAMINANT PREVENTION, DETECTION AND RESPONSE.

``( a) IN GENERAL.   The Administrator, in consultation with the Centers for Disease Control and, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall review ( or enter into contracts or cooperative agreements to provide for a review of) current and future methods to prevent, detect and respond to the intentional introduction of chemical, biological or radiological contaminants into community water systems and source water for community water systems, including each of the following: ``( 1) Methods, means and equipment, including real time monitoring systems, designed to monitor and detect various levels of chemical, biological, and radiological contaminants or indicators of contaminants and reduce the likelihood that such contaminants can be successfully introduced into public water systems and source water intended to be used for drinking water. ``( 2) Methods and means to provide sufficient notice to operators of public water systems, and individuals served by such systems, of the introduction of chemical, biological or radiological contaminants and the possible effect of such introduction on public health and the safety and supply of drinking water. ``( 3) Methods and means for developing educational and awareness programs for community water systems. ``( 4) Procedures and equipment necessary to prevent the flow of contaminated drinking water to individuals served by public water systems. ``( 5) Methods, means, and equipment which could negate or mitigate deleterious effects on public health and the safety and supply caused by the introduction of contaminants into water intended to be used for drinking water, including an examination of the effectiveness of various drinking water technologies in removing, inactivating, or neutralizing biological, chemical, and radiological contaminants. ``( 6) Biomedical research into the short term and long term impact on public health of various chemical, biological and radiological contaminants that may be introduced into public water systems through terrorist or other intentional acts. ``( b) FUNDING.   For the authorization of appropriations to carry out this section, see section 1435( e). Contracts. 42 USC 300i   3.

VerDate 11 MAY 2000 08: 43 Jul 03, 2002 Jkt 000000 PO 00000 Frm 00093 Fmt 6580 Sfmt 6581 PUBL188.107 APPS28 PsN: APPS28 116 STAT. 686 PUBLIC LAW 107   188   JUNE 12, 2002 `` SEC. 1435. SUPPLY DISRUPTION PREVENTION, DETECTION AND RESPONSE.

``( a) DISRUPTION OF SUPPLY OR SAFETY.   The Administrator, in coordination with the appropriate departments and agencies of the Federal Government, shall review ( or enter into contracts or cooperative agreements to provide for a review of) methods and means by which terrorists or other individuals or groups could disrupt the supply of safe drinking water or take other actions against water collection, pretreatment, treatment, storage and distribution facilities which could render such water significantly less safe for human consumption, including each of the following: ``( 1) Methods and means by which pipes and other constructed conveyances utilized in public water systems could be destroyed or otherwise prevented from providing adequate supplies of drinking water meeting applicable public health standards. ``( 2) Methods and means by which collection, pretreatment, treatment, storage and distribution facilities utilized or used in connection with public water systems and collection and pretreatment storage facilities used in connection with public water systems could be destroyed or otherwise prevented from providing adequate supplies of drinking water meeting applicable public health standards. ``( 3) Methods and means by which pipes, constructed conveyances, collection, pretreatment, treatment, storage and distribution systems that are utilized in connection with public water systems could be altered or affected so as to be subject to cross contamination of drinking water supplies. ``( 4) Methods and means by which pipes, constructed conveyances, collection, pretreatment, treatment, storage and distribution systems that are utilized in connection with public water systems could be reasonably protected from terrorist attacks or other acts intended to disrupt the supply or affect the safety of drinking water. ``( 5) Methods and means by which information systems, including process controls and supervisory control and data acquisition and cyber systems at community water systems could be disrupted by terrorists or other groups. ``( b) ALTERNATIVE SOURCES.   The review under this section shall also include a review of the methods and means by which alternative supplies of drinking water could be provided in the event of the destruction, impairment or contamination of public water systems. ``( c) REQUIREMENTS AND CONSIDERATIONS.   In carrying out this section and section 1434   ` `( 1) the Administrator shall ensure that reviews carried out under this section reflect the needs of community water systems of various sizes and various geographic areas of the United States; and ``( 2) the Administrator may consider the vulnerability of, or potential for forced interruption of service for, a region or service area, including community water systems that provide service to the National Capital area. ``( d) INFORMATION SHARING.   As soon as practicable after reviews carried out under this section or section 1434 have been evaluated, the Administrator shall disseminate, as appropriate as determined by the Administrator, to community water systems Contracts. 42 USC 300i   4.

VerDate 11 MAY 2000 08: 43 Jul 03, 2002 Jkt 000000 PO 00000 Frm 00094 Fmt 6580 Sfmt 6581 PUBL188.107 APPS28 PsN: APPS28 116 STAT. 687 PUBLIC LAW 107   188   JUNE 12, 2002 information on the results of the project through the Information Sharing and Analysis Center, or other appropriate means. ``( e) FUNDING.   There are authorized to be appropriated to carry out this section and section 1434 not more than $ 15,000,000 for the fiscal year 2002 and such sums as may be necessary for the fiscal years 2003 through 2005.''.

SEC. 403. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

The Safe Drinking Water Act is amended as follows: ( 1) Section 1414( i)( 1) is amended by inserting `` 1433'' after `` 1417''. ( 2) Section 1431 is amended by inserting in the first sentence after `` drinking water'' the following: ``, or that there is a threatened or potential terrorist attack ( or other intentional act designed to disrupt the provision of safe drinking water or to impact adversely the safety of drinking water supplied to communities and individuals), which''. ( 3) Section 1432 is amended as follows: ( A) By striking `` 5 years'' in subsection ( a) and inserting `` 20 years''. ( B) By striking `` 3 years'' in subsection ( b) and inserting `` 10 years''. ( C) By striking ``$ 50,000'' in subsection ( c) and inserting ``$ 1,000,000''. ( D) By striking ``$ 20,000'' in subsection ( c) and inserting ``$ 100,000''. ( 4) Section 1442 is amended as follows: ( A) By striking `` this subparagraph'' in subsection ( b) and inserting `` this subsection''. ( B) By amending subsection ( d) to read as follows: ``( d) There are authorized to be appropriated to carry out subsection ( b) not more than $ 35,000,000 for the fiscal year 2002 and such sums as may be necessary for each fiscal year thereafter.''.

TITLE V   ADDITIONAL PROVISIONS Subtitle A   Prescription Drug User Fees SEC. 501. SHORT TITLE.

This subtitle may be cited as the `` Prescription Drug User Fee Amendments of 2002''.

SEC. 502. FINDINGS.

The Congress finds that   ( 1) prompt approval of safe and effective new drugs and other therapies is critical to the improvement of the public health so that patients may enjoy the benefits provided by these therapies to treat and prevent illness and disease; ( 2) the public health will be served by making additional funds available for the purpose of augmenting the resources of the Food and Drug Administration that are devoted to the process for the review of human drug applications and the assurance of drug safety; ( 3) the provisions added by the Prescription Drug User Fee Act of 1992, as amended by the Food and Drug Administration Modernization Act of 1997, have been successful in 21 USC 379g note. 21 USC 301 note. Prescription Drug User Fee Amendments of 2002. Appropriation authorization. 42 USC 300j   1. 42 USC 300i   1. 42 USC 300i. 42 USC 300g   3.

VerDate 11 MAY 2000 08: 43 Jul 03, 2002 Jkt 000000 PO 00000 Frm 00095 Fmt 6580 Sfmt 6581 PUBL188.107 APPS28 PsN: APPS28 Appendix B Burden and Cost Tables Ground Water CWSs Surface Water CWSs Wholesale CWSs All CWSs A B C C= A+ B+ C 2,567 1,971 38 4,576 1,256 1,729 52 3,037 140 322 13 475 62 300 37 399 4,025 4,322 140 8,487 Source: System Size Category ( Population Served) 3,301 9,999 10,000 49,999 Exhibit B. 1 CWS Inventory 50,000 99,999 > 100,000 Totals SDWIS FY 2002 Quarter 3 frozen database. Active CWSs in the current inventory only.

Public Health Security and Bioterrorism Preparedness and Response Act ICR B 1 March 11, 2003 Exhibit B. 2 CWS Unit Cost Assumptions Hrs per Response Labor Cost ( per Hour) Labor Cost ( per Response) Unit O& M Cost Unit Capital Cost A B C= A* B D E 8 58.88 $ 471.00 $  $  $ 8 58.88 $ 471.00 $  $  $ 8 58.88 $ 471.00 $  $  $ 8 58.88 $ 471.00 $  $  $

40 58.88 $ 2,355.01 $ 3.85 $  $ 40 58.88 $ 2,355.01 $ 3.85 $  $ 40 58.88 $ 2,355.01 $ 3.85 $  $ 40 58.88 $ 2,355.01 $ 3.85 $  $

8 58.88 $ 471.00 $  $  $ 8 58.88 $ 471.00 $  $  $ 48 58.88 $ 2,826.02 $  $  $ 48 58.88 $ 2,826.02 $  $  $

84.9 58.88 $ 5,000.00 $  $  $ 1,273.9 58.88 $ 75,000.00 $  $  $ 1,698.5 58.88 $ 100,000.00 $  $  $ 6,794.0 58.88 $ 400,000.00 $  $  $

2 58.88 $ 117.75 $ 25.21 $  $ 2 58.88 $ 117.75 $ 25.21 $  $ 2 58.88 $ 117.75 $ 25.21 $  $ 2 58.88 $ 117.75 $ 25.21 $  $

42 58.88 $ 2,472.76 $  $  $ 213 58.88 $ 12,511.01 $  $  $ 255 58.88 $ 15,013.21 $  $  $ 255 58.88 $ 15,013.21 $  $  $

28 58.88 $ 1,648.51 $  $  $ 100 58.88 $ 5,887.53 $  $  $ 120 58.88 $ 7,065.04 $  $  $ 120 58.88 $ 7,065.04 $  $  $

2 58.88 $ 117.75 $ 3.85 $  $ 2 58.88 $ 117.75 $ 3.85 $  $ 2 58.88 $ 117.75 $ 3.85 $  $ 2 58.88 $ 117.75 $ 3.85 $  $

0.25 58.88 $ 14.72 $  $  $ 0.25 58.88 $ 14.72 $  $  $ 0.25 58.88 $ 14.72 $  $  $ 0.25 58.88 $ 14.72 $  $  $

Note 1: Recordkeeping  Systems Serving 3,301 9,999  Systems Serving 10,000 49,999  Systems Serving 50,000 99,999  Systems Serving > 100,000  Systems Serving 10,000 49,999  Systems Serving 10,000 49,999  Systems Serving 10,000 49,999  Systems Serving 3,301 9,999  Systems Serving 3,301 9,999  Systems Serving 10,000 49,999  Systems Serving 50,000 99,999  Systems Serving > 100,000  Systems Serving 10,000 49,999  Systems Serving 10,000 49,999 Develop Vulnerability Assessments  Systems Serving 3,301 9,999  Systems Serving 3,301 9,999 Activities Read and Understand Requirements Assumptions  Systems Serving 50,000 99,999  Systems Serving > 100,000  Systems Serving 3,301 9,999 Training  Systems Serving 50,000 99,999  Systems Serving > 100,000  Systems Serving 3,301 9,999  Systems Serving 10,000 49,999  Systems Serving 50,000 99,999  Systems Serving > 100,000 Revise Emergency Response Plans  Systems Serving 3,301 9,999 Grant Requests ( Note 1)  Systems Serving 3,301 9,999  Systems Serving 10,000 49,999  Systems Serving 50,000 99,999  Systems Serving > 100,000 Availability and funding levels for new grants have not yet been determined.  Systems Serving > 100,000  Systems Serving 50,000 99,999  Systems Serving 50,000 99,999  Systems Serving > 100,000 Certify Vulnerability Assessments Developed and Submit Copy to EPA Prepare Emergency Response Plans  Systems Serving 50,000 99,999  Systems Serving > 100,000 Certify Emergency Response Plans Prepared or Revised Public Health Security and Bioterrorism Preparedness and Response Act ICR B 2 March 11, 2003 Exhibit B. 3 EPA Unit Cost Assumptions Hrs per Response Labor Cost ( per Hour) Labor Cost ( per Response) Unit O& M Cost Unit Capital Cost A B C= A* B D E 40 57.74 $ 2,309.48 $  $  $

20 57.74 $ 1,154.74 $ ( Note 1)  $ 20 57.74 $ 1,154.74 $ ( Note 1)  $ 40 57.74 $ 2,309.48 $ ( Note 1)  $ 40 57.74 $ 2,309.48 $ ( Note 1)  $

40 57.74 $ 2,309.48 $ 50,000.00 $  $

0.6 57.74 $ 33.20 $  $  $ 0.6 57.74 $ 33.20 $  $  $ 1.1 57.74 $ 63.51 $  $  $ 1.3 57.74 $ 72.17 $  $  $

0.25 57.74 $ 14.43 $  $  $ 0.25 57.74 $ 14.43 $  $  $ 0.25 57.74 $ 14.43 $  $  $ 0.25 57.74 $ 14.43 $  $  $

0.25 57.74 $ 14.43 $  $  $ 2,080 57.74 $ 120,092.80 $  $ 50,000.00 $

Note 1: Availability and funding levels for new grants have not yet been determined.  Systems Serving > 100,000 Recordkeeping Review Emergency Response Plan Certifications  Systems Serving 3,301 9,999  Systems Serving 10,000 49,999  Security Activities Read and Understand Requirements Assumptions Review Grant Requests ( Note 1)  Systems Serving 3,301 9,999  Systems Serving 10,000 49,999  Systems Serving 50,000 99,999 Training  Filing  Systems Serving > 100,000  Systems Serving 50,000 99,999 Review Vulnerability Assessments and Certifications  Systems Serving 3,301 9,999  Systems Serving 10,000 49,999  Systems Serving 50,000 99,999  Systems Serving > 100,000 Public Health Security and Bioterrorism Preparedness and Response Act ICR B 3 March 11, 2003 Exhibit B. 4 CWS Yearly Responses, Burden, and Costs 2003 2004 2005 2003 2004 2005 2003 2004 2005 2003 2004 2005 2003 2004 2005 Read and Understand Requirements  Systems Serving 3,301 9,999 4,576   36,608   2,155,308 $

$

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999 3,037   24,296   1,430,435 $

$

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999 475   3,800   223,726 $

$

$

$

$

$

$

$

$

 Systems Serving > 100,000 399   3,192   187,930 $

$

$

$

$

$

$

$

$

Grant Requests ( Note 1)

 Systems Serving 3,301 9,999

$

$

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999

$

$

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999

$

$

$

$

$

$

$

$

$

 Systems Serving > 100,000

$

$

$

$

$

$

$

$

$

Training  Systems Serving 3,301 9,999 4,576   36,608   2,155,308 $

$

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999 3,037   24,296   1,430,435 $

$

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999 475   22,800   1,342,357 $

$

$

$

$

$

$

$

$

 Systems Serving > 100,000

$

$

$

$

$

$

$

$

$

Develop Vulnerability Assessments  Systems Serving 3,301 9,999  4,576   388,618

$ 22,880,000 $

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999  3,037   3,868,768

$ 227,775,000 $

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999 475   806,790   47,500,000 $

$

$

$

$

$

$

$

$

 Systems Serving > 100,000 ( Note 2) 399   1,926,199   114,298,822 $

$

$

$

$

$

$

$

$

Certify Vulnerability Assessments Developed and Submit Copy to EPA  Systems Serving 3,301 9,999  4,576   9,152

$ 538,827 $

$

$ 115,361 $

$

$

$

$

 Systems Serving 10,000 49,999  3,037   6,074

$ 357,609 $

$

$ 76,563 $

$

$

$

$

 Systems Serving 50,000 99,999 475   950   55,932 $

$

$ 11,975 $

$

$

$

$

$

 Systems Serving > 100,000 399   798   46,983 $

$

$ 10,059 $

$

$

$

$

$

Prepare Emergency Response Plans  Systems Serving 3,301 9,999  3,203   134,534

$ 7,920,757 $

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999  1,519   322,681

$ 18,997,964 $

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999  143   36,338

$ 2,139,382 $

$

$

$

$

$

$

$

 Systems Serving > 100,000 40   10,175   599,027 $

$

$

$

$

$

$

$

$

Revise Emergency Response Plans  Systems Serving 3,301 9,999  1,373   38,438

$ 2,263,073 $

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999  1,519   151,850

$ 8,940,218 $

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999  333   39,900

$ 2,349,126 $

$

$

$

$

$

$

$

 Systems Serving > 100,000 359   43,092   2,537,056 $

$

$

$

$

$

$

$

$

Certify Emergency Response Plans Prepared or Revised  Systems Serving 3,301 9,999  4,576   9,152

$ 538,827 $

$

$ 17,618 $

$

$

$

$

 Systems Serving 10,000 49,999  3,037   6,074

$ 357,609 $

$

$ 11,692 $

$

$

$

$

 Systems Serving 50,000 99,999  475   950

$ 55,932 $

$

$ 1,829 $

$

$

$

$

 Systems Serving > 100,000 399   798   46,983 $

$

$ 1,536 $

$

$

$

$

$

Recordkeeping  Systems Serving 3,301 9,999  9,152   2,288

$ 134,707 $

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999  6,074   1,519

$ 89,402 $

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999 475 475  119 119  6,991 $ 6,991 $

$

$

$

$

$

$

$

 Systems Serving > 100,000 798   200   11,746 $

$

$

$

$

$

$

$

$

Total  All Activities 20,394 47,103  2,940,720 5,016,455  174,029,038 $ 295,345,424 $

$ 23,570 $ 223,063 $

$

$

$

$

CWS Capital Cost by Year Note 1: Availability and funding levels for new grants have not yet been determined.

Note 2: CWS burden and labor costs are offset by the amount of grant money previously awarded by EPA to perform vulnerability assessments.

Activities CWS O& M Cost by Year CWS Labor Cost by Year CWS Burden by Year CWS Responses by Year Public Health Security and Bioterrorism Preparedness and Response Act ICR B 4 March 11, 2003 Exhibit B. 5 EPA Yearly Responses, Burden, and Costs 2003 2004 2005 2003 2004 2005 2003 2004 2005 2003 2004 2005 2003 2004 2005 Read and Understand Requirements 1   40   2,309 $

$

$

$

$

$

$

$

$

Review Grant Requests ( Note 1)

 Systems Serving 3,301 9,999

$

$

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999

$

$

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999

$

$

$

$

$

$

$

$

$

 Systems Serving > 100,000

$

$

$

$

$

$

$

$

$

Training 10   400   23,095 $

$

$ 500,000 $

$

$

$

$

$

Review Vulnerability Assessments and Certifications  Systems Serving 3,301 9,999  4,576   2,631

$ 151,917 $

$

$

$

$

$

$

$

 Systems Serving 10,000 49,999  3,037   1,746

$ 100,825 $

$

$

$

$

$

$

$

 Systems Serving 50,000 99,999  475   523

$ 30,168 $

$

$

$

$

$

$

$

 Systems Serving > 100,000 399   499   28,796 $

$

$

$

$

$

$

$

$

Review Emergency Response Plan Certifications  Systems Serving 3,301 9,999   4,576   1,144

$

$ 66,051 $

$

$

$

$

$

$

 Systems Serving 10,000 49,999   3,037   759

$

$ 43,837 $

$

$

$

$

$

$

 Systems Serving 50,000 99,999  475   119

$ 6,856 $

$

$

$

$

$

$

$

 Systems Serving > 100,000 399   100   5,759 $

$

$

$

$

$

$

$

$

Recordkeeping  Filing 798 8,563 7,613 200 2,141 1,903 11,519 $ 123,600 $ 109,888 $

$

$

$

$

$

$

 Security 1 1 1 2,080 2,080 2,080 120,093 $ 120,093 $ 120,093 $

$

$

$ 50,000 $

$

$

Total  All Activities 1,608 17,127 15,227 3,318 9,239 5,887 191,571 $ 533,459 $ 339,868 $ 500,000 $

$

$ 50,000 $

$

$

EPA Capital Cost by Year Note 1: Availability and funding levels for new grants have not yet been determined.

Activities EPA O& M Cost by Year EPA Labor Cost by Year EPA Burden by Year EPA Responses by Year Public Health Security and Bioterrorism Preparedness and Response Act ICR B 5 March 11, 2003 Exhibit B. 6 Respondent, Responses, Burden, and Cost Summaries 2003 2004 2005 2003 2004 2005 CWSs  Systems Serving 3,301 9,999 4,576 9,152 27,456  12,202.7 73,216 582,183  218,466  Systems Serving 10,000 49,999 3,037 6,074 18,222  8,098.7 48,592 4,356,966  1,468,519  Systems Serving 50,000 99,999 475 2,375 1,425  1,266.7 834,458 77,306  303,922  Systems Serving > 100,000 399 2,793   931.0 1,984,453   661,484 CWS Total 8,487 20,394 47,103  22,499.0 2,940,720 5,016,455  2,652,392 EPA 1 1,608 17,127 15,227 11,320.7 3,318 9,239 5,887 6,148 2003 2004 2005 2003 2004 2005 CWSs  Systems Serving 3,301 9,999 4,576 4,310,616 $ 34,276,191 $

$ 12,862,269 $

$ 132,979 $

$ 44,326 $

 Systems Serving 10,000 49,999 3,037 2,860,870 $ 256,517,802 $

$ 86,459,557 $

$ 88,255 $

$ 29,418 $

 Systems Serving 50,000 99,999 475 49,129,007 $ 4,551,431 $

$ 17,893,479 $ 11,975 $ 1,829 $

$ 4,601 $

 Systems Serving > 100,000 399 117,728,545 $

$

$ 39,242,848 $ 11,595 $

$

$ 3,865 $

CWS Total 8,487 174,029,038 $ 295,345,424 $

$ 156,458,154 $ 23,570 $ 223,063 $

$ 82,211 $

EPA 1 191,571 $ 533,459 $ 339,868 $ 354,966 $ 500,000 $

$

$ 166,667 $

2003 2004 2005 CWSs  Systems Serving 3,301 9,999 4,576

$

$

$

$

 Systems Serving 10,000 49,999 3,037

$

$

$

$

 Systems Serving 50,000 99,999 475

$

$

$

$

 Systems Serving > 100,000 399

$

$

$

$

CWS Total 8,487

$

$

$

$

EPA 1 50,000 $

$

$ 16,667 $

2003 2004 2005 2003 2004 2005 CWSs  Systems Serving 3,301 9,999 4,576 2 6  942 $ 7,519 $

$

 Systems Serving 10,000 49,999 3,037 2 6  942 $ 84,493 $

$

 Systems Serving 50,000 99,999 475 5 3  103,455 $ 9,586 $

$

 Systems Serving > 100,000 399 7   295,088 $

$

$

CWS Total 8,487 2 6  20,508 $ 34,826 $

$

EPA 1 1,608 17,127 15,227 691,571 $ 533,459 $ 339,868 $

Respondents Respondent Annual Burden Estimates Annual Response Estimates Average Annual Responses Average Annual Burden Annual Cost per Respondent Average Annual O& M ( Cost Burden)

Average Annual Labor Cost Annual O& M ( Cost Burden)

Estimates Average Annual Capital Cost Respondent Respondents Annual Responses per Respondent Respondent Respondents Annual Labor Cost Respondent Respondents Annual Capital Cost Public Health Security and Bioterrorism Preparedness and Response Act ICR B 6 March 11, 2003


[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Proposed Rules]
[Pages 53402-53406]
[FR Doc No: 2023-16870]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1704; Project Identifier MCAI-2022-00866-T]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.) Model CL-600-2C10 (Regional Jet Series 700, 701 &
702), CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet
Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25
(Regional Jet Series 1000) airplanes. This proposed AD was prompted by
a determination that new or more restrictive airworthiness limitations
are necessary. This proposed AD would require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
22, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1704; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
MHI RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; North
America toll-free telephone<PHONE_NUMBER> or direct-dial telephone 450-
990-7272; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet:
mhirj.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1704; Project Identifier
MCAI-2022-00866-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Yaser
Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-35, dated June 29, 2022 (Transport
Canada AD CF-2022-35) (also referred to after this as the MCAI), to
correct an unsafe condition for all MHI RJ Aviation ULC Model CL-600-
2C10 (Regional Jet Series 700, 701 & 702), CL-600-2C11 (Regional Jet
Series 550), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24
(Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000)
airplanes. The MCAI states that new or more restrictive airworthiness
limitations have been developed.
    The FAA is proposing this AD to address cracks in the principal
structural elements of the fuselage and wings. The unsafe condition, if
not addressed, could result in reduced the structural integrity of the
airplane. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2023-1704.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Aviation CRJ550/700/705/900/1000
Maintenance Requirements Manual (MRM) Part 2, CSP B-053, Revision 26,
dated March 25, 2022. This service information manual specifies new or
revised tasks to detect cracks in the principal structural elements of
the fuselage and wings.
    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 ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator
maintenance documents to include new

actions (e.g., inspections). Compliance with these actions is required
by 14 CFR 91.403(c). For airplanes that have been previously modified,
altered, or repaired in the areas addressed by this proposed AD, the
operator may not be able to accomplish the actions described in the
revisions. In this situation, to comply with 14 CFR 91.403(c), the
operator must request approval for an alternative method of compliance
according to paragraph (i)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 601 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2023-1704; Project Identifier MCAI-2022-00866-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 22, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Model CL-600-2C10 (Regional Jet
Series 700, 701 & 702), CL-600-2C11 (Regional Jet Series 550), CL-
600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series
900), and CL-600-2E25 (Regional Jet Series 1000) airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address cracks in the principal structural
elements of the fuselage and wings. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the tasks identified in figure 1 to paragraph (g) of
this AD as specified in MHI RJ Aviation CRJ550/700/705/900/1000
Maintenance Requirements Manual (MRM) Part 2, CSP B-053, Revision
26, dated March 25, 2022. The initial compliance time for doing the
tasks is at the applicable times specified in MHI RJ Aviation
CRJ550/700/705/900/1000 Maintenance Requirements Manual (MRM) Part
2, CSP B-053, Revision 26, dated March 25, 2022, or within 60 days
after the effective date of this AD, whichever occurs later.

Figure 1 to paragraph (g)--MRM Tasks
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TP08AU23.007

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, send it to ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (j)(2) of this AD or email to: [email protected]. If
mailing information, also submit information by email. Before using
any approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada; or MHI RJ Aviation
ULC's Transport Canada Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-35, dated June 29,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1704.
    (2) For more information about this AD, contact Yaser Osman,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) 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) MHI RJ Aviation CRJ550/700/705/900/1000 Maintenance
Requirements Manual (MRM) Part 2, CSP B-053, Revision 26, dated
March 25, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact MHI
RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone<PHONE_NUMBER> or direct-dial
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
website mhirj.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16870 Filed 8-7-23; 8:45 am]
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