[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Proposed Rules]
[Pages 5296-5298]
[FR Doc No: 2011-2049]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 5 and 119

[Docket No. FAA-2009-0671; Notice No. 10-15]
RIN 2120-AJ86

Safety Management System for Part 121 Certificate Holders;
Extension of Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); Extension of comment
period.

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SUMMARY: This action extends the comment period for an NPRM that was
published on November 5, 2010. In that document, the FAA proposed to
require each certificate holder operating under 14 CFR part 121 to
develop and implement a safety management system (SMS) to improve its
aviation related activities. Several trade and membership organizations
representing various aviation industry segments have requested that the
FAA extend the comment period closing date to allow time to adequately
analyze the NPRM and prepare comments.

DATES: The comment period for the NPRM published on November 5, 2010,
closing on February 3, 2011, is extended until March 7, 2011.

ADDRESSES: You may send comments identified by docket number FAA-2010-
0997 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.

     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Denniston, ARM-200, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591, telephone<PHONE_NUMBER>; facsimile (202)
267-5075, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: See the ``Additional Information'' section
for information on how to comment on this proposal and how the FAA will
handle comments received. The ``Additional Information'' section also
contains related information about the docket, privacy, and the
handling of proprietary or confidential business information. In
addition, there is information on obtaining copies of related
rulemaking documents.

Background

    On November 5, 2010, the FAA published Notice No. 10-15, entitled
``Safety Management Systems for Part 121 Certificate Holders'' (75 FR
68224). Comments to that document were to be received on or before
February 3, 2011.
    In a letter dated January 14, 2011 the Aeronautical Repair Station
Association, Aircraft Electronics Association, Aircraft Owners and
Pilots Association, Aviation Suppliers Association, Experimental
Aircraft Association, Modification and Replacement Parts Association,
National Air Transportation Association, and the National Business
Aircraft Association requested that the FAA extend the comment period
for Notice No. 10-15 for 90 days. The petitioners requested the
extension to allow time to adequately assess the impact of the NPRM and
prepare comments.
    While the FAA concurs with the petitioners' requests for an
extension of the comment period on Notice No. 10-15, it does not
support a 90-day extension. The FAA finds that providing an additional
30 days is sufficient for commenters to analyze the NPRM and provide
meaningful comment to Notice No. 10-15. The Airline Safety and Federal
Aviation Extension Act of 2010 (Pub. L. 111-216) directs the FAA to
issue an SMS for part 121 final rule by July 30, 2012. In order to
fulfill the final rule requirement of Public Law 111-216, the FAA is
working on an accelerated schedule to complete the SMS for part 121
final rule.
    Absent unusual circumstances, the FAA does not anticipate any
further extension of the comment period for this rulemaking.

Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal
Regulations, the FAA has reviewed the petitions made by the
Aeronautical Repair Station Association, Aircraft Electronics
Association, Aircraft Owners and Pilots Association, Aviation Suppliers
Association, Experimental Aircraft Association, Modification and
Replacement Parts Association, National Air Transportation Association,
and the National Business Aircraft Association for extension of the
comment period to Notice No. 10-15. These petitioners have shown a
substantive interest in the proposed rule and good cause for the
extension. The FAA has determined that extension of the comment period
is consistent with the public interest, and that good cause exists for
taking this action.
    Accordingly, the comment period for Notice No. 10-15 is extended
until March 7, 2011.

Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file
proprietary or confidential business information in the docket. Such
information must be sent or delivered directly to the person identified
in the FOR FURTHER INFORMATION CONTACT section of this document, and
marked as proprietary or confidential. If submitting information on a
disk or CD-ROM, mark the outside of the disk or CD-ROM, and identify
electronically within the disk or CD-ROM the specific information that
is proprietary or confidential.
    Under 14 CFR 11.35(b), when the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--

    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.

    Issued in Washington, DC, on January 26, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011-2049 Filed 1-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 96 (Wednesday, May 18, 2011)]
[Rules and Regulations]
[Pages 28632-28635]
[FR Doc No: 2011-11928]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0348; Directorate Identifier 2011-NM-069-AD;
Amendment 39-16701; AD 2011-08-51]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 737-300, -400,
and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This emergency AD was sent previously to all
known U.S. owners and operators of these airplanes. This AD requires
repetitive external eddy current inspections of the lap joints at
stringers S-4R and S-4L, along the entire length from body station (BS)
360 to BS 908. If a crack indication is found, the AD requires either
confirming the crack by doing internal eddy current inspections, or
repairing the crack. As an alternative to the external eddy current
inspections, the AD provides for internal eddy current and detailed
inspections for cracks in the lower skin at the lower row of fasteners
at stringers S-4L and S-4R. This AD was prompted by a report indicating
that a Model 737-300 series airplane experienced a rapid decompression
when the lap joint at stringer S-4L between BS 664 and BS 727 cracked
and opened up due to cracking in the lower skin at the lower row of
fasteners. We are issuing this AD to detect and correct such cracking,
which could result in an uncontrolled decompression of the airplane.

DATES: This AD is effective June 2, 2011 to all persons except those
persons to whom it was made immediately effective by Emergency AD 2011-
08-51, issued on April 5, 2011, which contained the requirements of
this amendment.
    The Director of the Federal Register approved the incorporation by
reference of certain publications identified in the AD as of June 2,
2011.
    We must receive comments on this AD by July 5, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone:
425-917-6447; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On April 5, 2011, we issued Emergency AD 2011-08-51, which requires
repetitive external eddy current inspections of the lap joints at
stringers S-4R and S-4L, along the entire length from body station (BS)
360 to BS 908. If a crack indication is found, the AD requires either
confirming the crack by doing internal eddy current inspections, or
repairing the crack. As an alternative to the external eddy current
inspections, the AD provides for internal eddy current and detailed
inspections for cracks in the lower skin at the lower row of fasteners
at stringers S-4L and S-4R. This action was prompted by a report
indicating that a Model 737-300 series airplane experienced a rapid
decompression when the lap joint at stringer S-4L between BS 664 and BS
727 cracked and opened up due to cracking in the lower skin at the
lower row of fasteners. The airplane had accumulated 39,781 total
flight cycles

and 48,740 total flight hours. Such cracking, if not corrected, could
result in an uncontrolled decompression of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 737-53A1319, dated April
4, 2011. That service bulletin describes procedures for external eddy
current inspections of the lap joints at stringers S-4R and S-4L, along
the entire length from BS 360 to BS 908. If a crack indication is
found, that service bulletin specifies either confirming the crack by
doing internal eddy current inspections, or repairing the crack. As an
alternative to the external eddy current inspections, that service
bulletin provides procedures for internal eddy current and detailed
inspections for cracks in the lower skin at the lower row of fasteners
at stringers S-4L and S-4R. That service bulletin specifies contacting
Boeing for crack repair instructions.
    Since we issued the emergency AD, we have approved Revision 1 of
this service bulletin as an alternative method of compliance (AMOC)
with certain requirements of emergency AD 2011-08-51. We have added
paragraph (l)(4) to this AD to provide information on this approved
AMOC.

FAA's Determination

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

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between the AD and the Service Information.''

Differences Between the AD and the Service Information

    That service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this AD requires
repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracking in the lower skin at the lower row of fasteners of the lap
joints at stringers S-4R and S-4L, along the entire length from BS 360
to BS 908, could open up and result in an uncontrolled decompression of
the airplane. Therefore, we find that notice and opportunity for prior
public comment are impracticable and that good cause exists for making
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2011-0348 and
Directorate Identifier 2011-NM-069-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 195 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
        Action                Labor cost             Parts cost         Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections...........  6 or 15 work-hours     None.................  $510 or $1,275 per    $99,450 or $248,625
                         (depending on                                 inspection cycle.     per inspection
                         inspection method) x                                                cycle.
                         $85 per work-hour.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions (confirming crack
indications and repairing cracks) specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-08-51 The Boeing Company: Amendment 39-16701; Docket No. FAA-
2011-0348; Directorate Identifier 2011-NM-069-AD.

Effective Date

    (a) This AD is effective June 2, 2011 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2011-08-51, issued on April 5, 2011, which contained the
requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 737-300, -400,
and -500 series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 737-53A1319, dated April
4, 2011.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 53: Fuselage.

Unsafe Condition

    (e) This AD was prompted by a report indicating that a Model
737-300 series airplane experienced a rapid decompression when the
lap joint at stringer S-4L between body station (BS) 664 and BS 727
cracked and opened up due to cracking in the lower skin at the lower
row of fasteners. We are issuing this AD to detect and correct such
cracking, which could result in an uncontrolled decompression of the
airplane.

Compliance

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

Inspections

    (g) At the applicable time specified in paragraph (g)(1),
(g)(2), or (g)(3) of this AD: Except as provided by paragraphs (h)
and (i) of this AD, do external eddy current inspections of the lap
joint at stringers S-4R and S-4L, along the entire length from body
station (BS) 360 to BS 908, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1319, dated
April 4, 2011. If any crack indication is detected, before further
flight, either confirm the crack indication by doing eddy current
inspections from the interior of the fuselage in the lower skin at
the lower row of fasteners at stringer S-4L and S-4R, in accordance
with Boeing Alert Service Bulletin 737-53A1319, dated April 4, 2011,
or repair in accordance with paragraph (j) of this AD.
    (1) For airplanes that have accumulated fewer than 30,000 total
flight cycles as of the effective date of this AD: Inspect before
the accumulation of 30,000 total flight cycles, or within 20 days
after the effective date of this AD, whichever occurs later.
    (2) For airplanes that have accumulated 30,000 or more total
flight cycles and fewer than 35,000 total flight cycles as of the
effective date of this AD: Inspect within 20 days after the
effective date of this AD.
    (3) For airplanes that have accumulated 35,000 total flight
cycles or more as of the effective date of this AD: Inspect within 5
days after the effective date of this AD.
    (h) For areas repaired with external doublers, paragraphs (h)(1)
and (h)(2) of this AD apply.
    (1) If the repair meets the criteria specified in paragraphs
3.B.1.c.(1) and 3.B.1.c.(2) of Boeing Alert Service Bulletin 737-
53A1319, dated April 4, 2011, no inspection of the lower skin at the
lap joint lower fastener row is required under the doubler.
    (2) If the repair does not meet the criteria specified in
paragraphs 3.B.1.c.(1) and 3.B.1.c.(2) of Boeing Alert Service
Bulletin 737-53A1319, dated April 4, 2011, inspect the lower skin
lap joint lower row internally in the area covered by the doubler,
in accordance with Boeing Alert Service Bulletin 737-53A1319, dated
April 4, 2011.
    (i) The inspections required by paragraph (g) of this AD may
alternatively be done by internal eddy current and detailed
inspections for cracks in the lower skin at the lower row of
fasteners at stringer S-4L and S-4R, along the entire length from BS
360 to BS 908, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1319, dated April 4, 2011.
    (j) If any crack is found during any inspection required by this
AD: Before further flight, repair the crack using a method approved
in accordance with the procedures specified in paragraph (l) of this
AD.
    (k) Repeat the inspections specified in either paragraph (g) or
(i) of this AD thereafter at intervals not to exceed 500 flight
cycles. Either inspection method may be used at any repetitive
inspection cycle.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for emergency AD 2011-08-51 are approved as
AMOCs for the corresponding requirements of this AD.

Related Information

    (m)(1) For further information about this AD, contact Wayne
Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>    (2) For copies of the service information referenced in this AD,
contact: Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.

Material Incorporated by Reference

    (n) You must use Boeing Alert Service Bulletin 737-53A1319,
dated April 4, 2011, to do the actions required by this AD, unless
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and

Records Administration (NARA). For information on the availability
of this material at an NARA facility, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 6, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-11928 Filed 5-17-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43457-43461]
[FR Doc No: 2020-15469]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 10012-15-OW]

40 CFR Part 35

Notice of Funding Availability for Applications for Credit
Assistance Under the State Infrastructure Finance Authority Water
Infrastructure Finance and Innovation Act (SWIFIA) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of funding availability.

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SUMMARY: In the Further Consolidated Appropriations Act, 2020, signed
by the President on December 20, 2019, Congress provided $5 million in
budget authority solely for the cost of direct loans or guaranteed
loans to State infrastructure financing authority borrowers for
projects described in section 5026(9) of the Water Infrastructure
Finance and Innovation Act of 2014 (WIFIA). The State infrastructure
financing authority WIFIA (SWIFIA) program will use this amount to
cover the subsidy required to provide a much larger amount of credit
assistance. Environmental Protection Agency (EPA or the Agency)
estimates that this budget authority may provide approximately $1
billion in credit assistance and may finance approximately $2 billion
in water infrastructure investment. The purpose of this notice of
funding availability (NOFA) is to solicit letters of interest (LOIs)
from prospective State Infrastructure Financing Authority borrowers
seeking credit assistance from EPA under the SWIFIA program.
    EPA will evaluate and select proposed projects described in the
LOIs using the selection criteria established in the statute, and
further described in this NOFA as well as the WIFIA program handbook.
This NOFA introduces new budgetary scoring factors to determine
budgetary scoring compliance and outlines the process that prospective
borrowers should follow to be considered for SWIFIA credit assistance.
    In addition, EPA reserves the right to make additional awards under
this announcement, consistent with Agency policy and guidance, if
additional funding is available after the original selections are made.

DATES: The LOI submittal period will begin on July 17, 2020 and end at
11:59 p.m. EDT on September 15, 2020.

ADDRESSES: Prospective borrowers should submit all LOIs electronically
via email at<EMAIL_ADDRESS>or via EPA's SharePoint site. To be granted
access to the SharePoint site, prospective borrowers should contact
<EMAIL_ADDRESS>and request a link to the SharePoint site, where they can
securely upload their LOIs. Requests to upload documents should be made
no later than 5:00 p.m. EDT on September 11, 2020.
    EPA will notify prospective borrowers that their LOI has been
received via a confirmation email.
    Prospective borrowers can access additional information, including
the WIFIA program handbook and application materials, on the WIFIA
website: https://www.epa.gov/wifia/.

SUPPLEMENTARY INFORMATION:
    For a project to be considered during a selection round, EPA must
receive a

LOI, via email or SharePoint, before the corresponding deadline listed
above. EPA is only able to accept emails of 25 MB or smaller with
unzipped attachments (EPA cannot accept zipped files). If necessary due
to size restrictions, prospective borrowers may submit attachments
separately, as long as they are received by the deadline.
    When writing a LOI, prospective borrowers are encouraged to fill
out the SWIFIA LOI form and follow the guidelines contained on the
WIFIA program website: https://www.epa.gov/wifia/wifia-application-materials. Prospective borrowers should provide the LOI and any
attachments as Microsoft Word documents or searchable PDF files,
whenever possible, to facilitate EPA's review. Section VI of this NOFA
provides additional details on the LOI's content.
    EPA will invite each prospective borrower whose project proposal is
selected for continuation in the process to submit a final application.
Final applications should be received by EPA within 365 days of the
invitation to apply.
    EPA will host a webinar to provide State infrastructure finance
authority prospective borrowers further information about the SWIFIA
loans and how to submit a LOI. The webinar date and registration
directions can be found on the WIFIA program website: https://www.epa.gov/wifia/wifia-webinars.
    Prospective borrowers with questions about the program or interest
in meeting with the WIFIA program staff may send a request to
<EMAIL_ADDRESS>EPA will meet with all prospective borrowers interested
in discussing the program prior to submission of a LOI.

Table of Contents

I. Background
II. Program Funding
III. Eligibility Requirements
IV. Fiscal Year 2020 Office of Management and Budget Budgetary
Scoring Determination
V. Types of Credit Assistance
VI. Letters of Interest and Applications
VII. Fees
VIII. Selection Criteria

I. Background

    Congress enacted WIFIA as part of the Water Resources Reform and
Development Act of 2014 (WRRDA). Codified at 33 U.S.C. 3901-3914, WIFIA
authorizes a federal credit program for water infrastructure projects
to be administered by EPA. WIFIA authorizes EPA to provide federal
credit assistance in the form of secured (direct) loans or loan
guarantees for eligible water infrastructure projects.
    Congress amended WIFIA in America's Water Infrastructure Act of
2018 (AWIA) to authorize federal credit assistance exclusively for
State infrastructure financing authority borrowers.
    The WIFIA program's mission is to accelerate investment in our
nation's water and wastewater infrastructure by providing long-term,
low-cost, supplemental credit assistance under customized terms to
creditworthy drinking water and wastewater infrastructure projects of
national and regional significance.

II. Program Funding

    Congress appropriated $5 million in funding to cover the subsidy
cost of providing SWIFIA credit assistance. The subsidy cost covers the
Federal government's risk that the loan may not be paid back. EPA
anticipates that the average subsidy cost for SWIFIA-funded projects
will be relatively low; therefore, this funding can be leveraged into a
much larger amount of credit assistance. EPA estimates that this
appropriation will allow the Agency to provide approximately $1 billion
\1\ in long-term, low-cost financing to water and wastewater
infrastructure projects and accelerate approximately $2 billion in
infrastructure investment around the country.
---------------------------------------------------------------------------

    \1\ This estimated loan volume is provided for reference only.
Consistent with the Federal Credit Reform Act of 1990 and the
requirements of the Office of Management and Budget, the actual
subsidy cost of providing credit assistance is based on individual
project characteristics and calculated on a project-by-project
basis. Thus, actual lending capacity may vary.
---------------------------------------------------------------------------

III. Eligibility Requirements

    The WIFIA statute and implementing rules set forth eligibility
requirements for prospective borrowers, projects, and project costs.
The requirements outlined below are described in greater detail in the
WIFIA program handbook.

A. Eligible Applicants

    Prospective borrowers must be a State infrastructure financing
authority to be eligible for SWIFIA credit assistance. EPA defines
State infrastructure financing authority as the State entity
established or designated by the Governor of a State to receive a
capitalization grant provided by, or otherwise carry out the
requirements of, title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.) or section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12).

B. Eligible Projects

    To be eligible for SWIFIA credit assistance, the SWIFIA project
must be a combination of projects, each of which is eligible for
assistance under section 603(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1383(c)) or section 1452(a)(2) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(a)(2)), for which a State infrastructure
financing authority submits to the Administrator a single application.

C. Eligible Costs

    As defined under 33 U.S.C. 3906 and described in the WIFIA program
handbook, eligible project costs are costs associated with the
following activities:
    (i) Development-phase activities, including planning, feasibility
analysis (including any related analysis necessary to carry out an
eligible project), revenue forecasting, environmental review,
permitting, preliminary engineering and design work, and other
preconstruction activities;
    (ii) Construction, reconstruction, rehabilitation, and replacement
activities;
    (iii) The acquisition of real property or an interest in real
property (including water rights, land relating to the project, and
improvements to land), environmental mitigation (including acquisitions
pursuant to 33 U.S.C. 3905(8)), construction contingencies, and
acquisition of equipment; and
    (iv) Capitalized interest necessary to meet market requirements,
reasonably required reserve funds, capital issuance expenses, and other
carrying costs during construction. Capitalized interest on WIFIA
credit assistance may not be included as an eligible project cost.

D. Threshold Requirements

    For a project to be considered for SWIFIA credit assistance, a
SWIFIA project or a group of projects consolidated by the State
Infrastructure Financing Authority must meet the following four
criteria:
    (i) The project and obligor shall be creditworthy;
    (ii) A project shall have eligible project costs that are
reasonably anticipated to equal or exceed $20 million;
    (iii) Project financing shall be repayable, in whole or in part,
from state or local taxes, user fees, or other dedicated revenue
sources that also secure the senior project obligations of the project;
shall include a rate covenant, coverage requirement, or similar
security feature supporting the project obligations; and may have a
lien on revenues subject to any lien securing project obligations;

    (iv) The project shall have an operations and maintenance plan that
identifies adequate revenues to operate, maintain, and repair the
project during its useful life.

E. Federal Requirements

    All projects receiving SWIFIA assistance must comply, if
applicable, with federal requirements and regulations, including (but
not limited to):
    (i) American Iron and Steel Requirement, 33 U.S.C. 3914, https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais-requirement;
    (ii) Labor Standards, 33 U.S.C. 1372, https://www.dol.gov/whd/govcontracts/dbra.htm;
    (iii) National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., https://www.epa.gov/nepa;
    (iv) Floodplain Management, Executive Order 11988, 42 FR 26951, May
24, 1977, https://www.archives.gov/federal-register/codification/executive-order/11988.html;
    (v) Archeological and Historic Preservation Act, 16 U.S.C. 469-
469c, https://www.nps.gov/archeology/tools/laws/ahpa.htm;
    (vi) Clean Air Act, 42 U.S.C. 7401 et seq., https://www.epa.gov/clean-air-act-overview;
    (vii) Clean Water Act, 33 U.S.C. 1251 et seq., https://www.epa.gov/aboutepa/about-office-water;
    (viii) Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq.,
https://www.fws.gov/ecological-services/habitat-conservation/cbra/Act/index.html;
    (ix) Coastal Zone Management Act, 16 U.S.C. 1451 et seq., https://coast.noaa.gov/czm/about/;
    (x) Endangered Species Act, 16 U.S.C. 1531 et seq., https://www.fws.gov/endangered/;
    (xi) Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, Executive Order 12898, 59 FR
7629, February 16, 1994, https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf;
    (xii) Protection of Wetlands, Executive Order 11990, 42 FR 26961,
May 25, 1977, as amended by Executive Order 12608, 52 FR 34617,
September 14, 1987, https://www.epa.gov/cwa-404;
    (xiii) Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.,
https://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275;
    (xiv) Fish and Wildlife Coordination Act, 16 U.S.C. 661-666c, as
amended, https://www.fws.gov/;
    (xv) Magnuson-Stevens Fishery Conservation and Management Act, 16
U.S.C. 1801 et seq., https://www.fisheries.noaa.gov/resource/document/magnuson-stevens-fishery-conservation-and-management-act;
    (xvi) National Historic Preservation Act, 16 U.S.C. 470 et seq.,
https://www.nps.gov/archeology/tools/laws/NHPA.htm;
    (xvii) Safe Drinking Water Act, 42 U.S.C. 300f et seq., https://www.epa.gov/ground-water-and-drinking-water;
    (xviii) Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., https://rivers.gov/;
    (xix) Debarment and Suspension, Executive Order 12549, 51 FR 6370,
February 18, 1986, https://www.archives.gov/federal-register/codification/executive-order/12549.html;
    (xx) Demonstration Cities and Metropolitan Development Act, 42
U.S.C. 3301 et seq., as amended, and Executive Order 12372, 47 FR
30959, July 14, 1982, http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning;
    (xxii) New Restrictions on Lobbying, 31 U.S.C. 1352, https://www.epa.gov/grants/lobbying-and-litigation-information-federal-grants-cooperative-agreements-contracts-and-loans;
    (xxiii) Prohibitions relating to violations of the Clean Water Act
or Clean Air Act with respect to Federal contracts, grants, or loans
under 42 U.S.C. 7606 and 33 U.S.C. 1368, and Executive Order 11738, 38
FR 25161, September 12, 1973, https://www.archives.gov/federal-register/codification/executive-order/11738.html;
    (xxiv) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., https://www.gpo.gov/fdsys/pkg/FR-2005-01-04/pdf/05-6.pdf;
    (xxv) Age Discrimination Act, 42 U.S.C. 6101 et seq., https://www.eeoc.gov/laws/statutes/adea.cfm;
    (xxvi) Equal Employment Opportunity, Executive Order 11246, 30 FR
12319, September 28, 1965, https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm;
    (xxvii) Section 13 of the Clean Water Act, Public Law 92-500,
codified in 42 U.S.C. 1251, https://www.epa.gov/ocr/external-civil-rights-compliance-office-title-vi;
    (xxviii) Section 504 of the Rehabilitation Act, 29 U.S.C. 794,
supplemented by Executive Orders 11914, 41 FR 17871, April 29, 1976 and
11250, 30 FR 13003, October 13, 1965, https://www.epa.gov/ocr/external-civil-rights-compliance-office-title-vi;
    (xxix) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et
seq., https://www.epa.gov/environmentaljustice/title-vi-and-environmental-justice; and
    (xxx) Participation by Disadvantaged Business Enterprises in
Procurement under the Environmental Protection Agency Financial
Assistance Agreements, 73 FR 15904, March 26, 2008, https://www.epa.gov/resources-small-businesses.
    Detailed information about some of these requirements is outlined
in the WIFIA program handbook. Further information can be found at the
links above.

IV. Fiscal Year 2020 Office of Management and Budget Budgetary Scoring
Determination

    In order to comply with Public Law 116-94, a project selected for
WIFIA financing using funding appropriated in FY 2020 will be assessed
using two initial screening questions and sixteen scoring factors.
These questions will help the Office of Management and Budget (OMB)
determine compliance with budgetary scoring rules, a process that will
be conducted in parallel to EPA's LOI evaluation process outlined in
this NOFA. The questions may be found in Federal Register publication:
Water Infrastructure Finance and Innovation Act Program (WIFIA)
Criteria Pursuant to Public Law 116-94 [85 FR 39189, June 30, 2020].
These questions are also published in the WIFIA program handbook and
further information about the scoring process may be referenced
therein. EPA encourages project applicants to review the scoring
criteria and provide sufficient information in the LOI or as an
attachment to the LOI to facilitate EPA and OMB review of the
prospective project in light of the scoring criteria. EPA may contact
prospective borrowers after the LOI is submitted if clarification is
needed to answer the budgetary scoring determination questions.

V. Types of Credit Assistance

    Under SWIFIA, EPA is offering senior, parity loans. The maximum
amount of SWIFIA credit assistance to a State infrastructure financing
authority is 49 percent of estimated eligible total costs of the SRF
loans that are included in the SWIFIA project. Prospective SWIFIA
borrowers may request one the following loan structures:
    (i) EPA accepts the State infrastructure financing authority's
existing indenture; or
    (ii) The State infrastructure financing authority accepts EPA's
standard terms.

More information on EPA's standard terms is available at www.epa.gov/wifia.
    SWIFIA credit assistance is available for SRF projects which are
ready to proceed. EPA considers an SRF project ready to proceed if its
construction will commence no later than 18 months after the LOI
deadline.

VI. Letters of Interest and Applications

    Each prospective borrower will be required to submit a LOI and, if
invited, an application to EPA in order to be considered for approval.
This section describes the LOI submission and application submission.

A. Letter of Interest (LOI)

    Prospective borrowers seeking a SWIFIA loan must submit a LOI
describing the project fundamentals and addressing the SWIFIA selection
criteria.
    The primary purpose of the LOI is to provide adequate information
to EPA to validate the eligibility and creditworthiness of the
prospective borrower and the prospective project and determine the
extent to which the SWIFIA project meets the statutory selection
criteria. Based on its review of the information provided in the LOI,
EPA will invite prospective borrowers to submit applications for their
projects.
    Prospective borrowers are encouraged to utilize the LOI form on the
WIFIA website and ensure that sufficient detail about the project is
provided for EPA's review. EPA will notify a prospective borrower if
its project is deemed ineligible as described in Section III of this
NOFA.
    Below is guidance on what EPA recommends be included in the LOI.
    A. Loan Information: The prospective borrower provides information
about its legal name, business address, program website, employer/
taxpayer identification number, Dun and Bradstreet Data Universal
Number System number, requested SWIFIA loan amount and SWIFIA project
amount, type of SRF loans (clean water, drinking water, or both), and
requested loan structure.
    B. Supporting Documents: The prospective borrower provides the most
recent version of the following documents: Intended Use Plan (IUP), SRF
Operating Agreements with EPA Regional Office, documentation of the
priority setting system, and bond indenture (if applicable).
    C. Contact Information: The prospective borrower identifies the
points of contact with whom the WIFIA program should communicate
regarding the LOI. To complete EPA's evaluation, the WIFIA program
staff may contact a prospective borrower regarding specific information
in the LOI.
    D. Certifications. The prospective borrower certifies that it will
abide by all applicable laws and regulations, if selected to receive
funding.

B. Application

    After EPA concludes its evaluation of the LOIs, a selection
committee will invite prospective borrowers to apply. EPA expects that
all eligible State infrastructure financing authority prospective
borrowers will be invited to apply for a SWIFIA loan. If the amount
requested by prospective borrowers exceeds the amount available from
EPA, each eligible State infrastructure financing authority prospective
borrowers will be invited for a pro rata share, based on the financing
request outlined in their LOIs. If a prospective borrower declines
EPA's invitation, EPA would re-allocate to other eligible prospective
borrowers to the extent practicable or carry the funding forward to a
future round.
    An invitation to apply for WIFIA credit assistance does not
guarantee EPA's approval, which remains subject to a project's
continued eligibility, including creditworthiness, the successful
negotiation of terms acceptable to the Agency, and the availability of
funds at the time at which all necessary recommendations and
evaluations have been completed. However, the purpose of EPA's LOI
review is to pre-screen prospective borrowers to the extent
practicable. It is expected that EPA will only invite prospective
borrowers to apply if it anticipates that those prospective borrowers
are able to obtain WIFIA credit assistance. Detailed information needs
for the application are listed in the application form and described in
the WIFIA program handbook.

VII. Fees

    There is no fee to submit a LOI. The final fee rule, Fees for Water
Infrastructure Project Applications under WIFIA, 40 CFR 35.10080, was
signed by EPA on June 19, 2017, and establishes the fees related to the
provision of federal credit assistance under WIFIA. Each invited
applicant must submit, concurrent with its application, a non-
refundable Application Fee of $100,000. Applications will not be
evaluated until the Application Fee is paid. For successful applicants,
this fee will be credited toward final payment of a Credit Processing
Fee, assessed following financial close, to reimburse EPA for actual
engineering, financial, and legal costs. In the event a final credit
agreement is not executed, the borrower is still required to reimburse
EPA for the costs incurred. Borrowers may finance these fees with WIFIA
credit assistance.

VIII. Selection Criteria

    This section specifies the criteria and process that EPA will use
to evaluate LOIs and award applications for SWIFIA assistance.
    The selection criteria described are the statutory selection
criteria for State infrastructure finance authority borrowers. EPA has
also identified readiness to proceed as a priority for this LOI
submittal period. In order to ensure the efficient use of limited
federal resources for infrastructure finance, the readiness of the SRF
loans included in the SWIFIA project to proceed toward development,
including loan closing and the commencement of construction, is an
Agency priority.
    Following its eligibility determination, EPA will determine the
extent to which the SWIFIA project meets the statutory selection
criteria. They are as follows:
    (i) The extent to which the project financing plan includes public
or private financing in addition to assistance under [WIFIA]. 33 U.S.C.
3907(b)(2)(B); 40 CFR 35.10055(a)(10).
    (ii) The likelihood that assistance under [WIFIA] would enable the
project to proceed at an earlier date than the project would otherwise
be able to proceed. 33 U.S.C. 3907(b)(2)(C); 40 CFR 35.10055(a)(2).
    (iii) The extent to which the project uses new or innovative
approaches. 33 U.S.C. 3907(b)(2)(D); 40 CFR 35.10055(a)(3).
    (iv) The amount of budget authority required to fund the Federal
credit instrument made available under [WIFIA]. 33 U.S.C.
3907(b)(2)(E).
    (v) The extent to which the project (1) protects against extreme
weather events, such as floods or hurricanes; or (2) helps maintain or
protect the environment. 33 U.S.C. 3907(b)(2)(F); 40 CFR
35.10055(a)(4); 40 CFR 35.10055(a)(5).
    (vi) The extent to which the project serves regions with
significant energy exploration, development, or production areas. 33
U.S.C. 3907(b)(2)(G); 40 CFR 35.10055(a)(6).
    (vii) The extent to which a project serves regions with significant
water resource challenges, including the need to address: (1) Water
quality concerns in areas of regional, national, or international
significance; (2) water quantity concerns related to groundwater,
surface water, or other water sources; (3) significant flood risk; (4)
water resource challenges identified

in existing regional, state, or multistate agreements; or (5) water
resources with exceptional recreational value or ecological importance.
33 U.S.C. 3907(b)(2)(H); 40 CFR 35.10055(a)(7).
    (viii) The extent to which the project addresses identified
municipal, state, or regional priorities. 33 U.S.C. 3907(b)(2)(I); 40
CFR 35.10055(a)(8).
    (ix) The readiness of the project to proceed toward development,
including a demonstration by the obligor that there is a reasonable
expectation that the contracting process for construction of the
project can commence by not later than 90 days after the date on which
a federal credit instrument is obligated for the project under [WIFIA].
33 U.S.C. 3907(b)(2)(J); 40 CFR 35.10055(a)(9).
    (x) The extent to which assistance under [WIFIA] reduces the
contribution of Federal assistance to the project. 33 U.S.C.
3907(b)(2)(K); 40 CFR 35.10055(a)(11).

    Authority: 33 U.S.C. 3901-3914; 40 CFR part 35.

Andrew Wheeler,
Administrator.
[FR Doc. 2020-15469 Filed 7-16-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Notices]
[Pages 3158-3159]
[FR Doc No: 2019-01877]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0046; FRL-9988-49-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Benzene Waste Operations
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Benzene Waste
Operations

(EPA ICR No. 1541.12, OMB Control No. 2060-0183), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through March 31, 2019. Public comments
were previously requested, via the Federal Register, on June 29, 2017
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may neither conduct nor sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before March 13,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0046, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Benzene Waste Operations (40 CFR part 61,
subpart FF) apply to existing facilities and new facilities that
generate waste containing benzene, such as chemical manufacturing
plants, coke by-product recovery plants, petroleum refineries, and
those owners and operators of hazardous waste treatment, storage, and
disposal facilities (TSDF) that receive wastes from the above
facilities. In general, all NESHAP standards require initial
notifications, performance tests, and periodic reports by the owners/
operators of the affected facilities. They are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance with 40 CFR part 61, subpart FF.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of benzene
waste facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 61,
subpart FF).
    Estimated number of respondents: 270 (total).
    Frequency of response: Quarterly and annually.
    Total estimated burden: 19,500 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,130,000 (per year), which includes $0 in
annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is an adjustment increase in the
total estimated burden as currently identified in the OMB Inventory of
Approved Burdens. This increase is not due to any program changes, but
reflects the addition of burden hours to account for the time spent by
existing facilities to re-familiarize themselves annually with the rule
requirements.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-01877 Filed 2-8-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71122-71123]
[FR Doc No: 2011-29361]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2011-0162]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval,
Federal agencies must solicit public comment on proposed collections of
information, including extensions and reinstatements of previously
approved collections.
    This document describes an Information Collection Request (ICR) for
which NHTSA intends to seek OMB approval.

DATES: Comments must be submitted on or before January 17, 2012.

ADDRESSES: Direct all written comments to the U.S. Department of
Transportation Dockets, 1200 New Jersey Ave. SE., Washington, DC 20590.
You may also submit comments electronically at http://www.regulations.gov. All comments should refer to the Docket No. NHTSA-
2011-0162.

FOR FURTHER INFORMATION CONTACT: Jessica Cicchino, Ph.D., Contracting
Officer's Technical Representative, Office of Behavioral Safety
Research (NTI-131), National Highway Traffic Safety Administration,
1200 New Jersey Ave. SE., W46-491, Washington, DC 20590. Dr. Cicchino's
phone number is<PHONE_NUMBER> and her email address is
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulations (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks public comment on
the following proposed collection of information:
    Title: Instrumented On-Road Study of Motorcycle Riders.
    Type of Request: New information collection request.
    OMB Clearance Number: None.
    Form Number: This collection of information uses no standard forms.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information: In this study, the
National Highway Traffic Safety Administration (NHTSA) will be
conducting on-road instrumented vehicle data collection with a total of
160 motorcycle riders to examine motorcycle riders' behaviors as they
typically ride. Volunteers will be recruited to have their motorcycles
outfitted for one year with instrumentation such as cameras, GPS, and
accelerometers that will capture data on normal riding behavior
whenever their motorcycles are ridden.
    Before participating in the on-road portion of the study,
participating motorcycle riders will be asked to complete intake
questionnaires that will ask about their demographics, riding history,
self-reported behavior, and perceptions. After completing the on-road
study, participants will be asked to complete a short debriefing
interview that will focus on their experiences riding with the
instrumentation in the past year. If a participant is involved in a
motorcycle crash during the study, he or she may be asked additional
questions about the circumstances surrounding the crash. This
subjective data will be combined with the objective data from the
instrumentation on actual riding behavior to help NHTSA develop a
better understanding of if a rider's demographic characteristics,
riding history, self-reported behavior, and perceptions are linked to
his or her behavior on the road.
    Need and Use of Information: The National Highway Traffic Safety
Administration (NHTSA) was established to reduce the mounting number of
deaths, injuries, and economic losses resulting from motor vehicle
crashes on the Nation's highways. As part of this statutory mandate,
NHTSA is authorized to conduct research as a foundation for the
development of motor vehicle standards and traffic safety programs.
    Motorcycle fatalities have increased over the past decade at an
alarming rate. In 2009, 4,462 motorcycle riders were killed in the US.
This marks the first time the number of motorcycle fatalities has
decreased after steadily increasing over 11 years; however, even with
this decline, the number of motorcycle fatalities in 2009 was nearly
double that from a decade earlier. Motorcycles made up 3% of the
registered vehicles in the US in 2009 but motorcyclists accounted for
13% of the total traffic fatalities.
    Knowledge of both how riders successfully avoid crashes and of
behaviors that correlate with and contribute to crash risk is crucial
to developing effective countermeasures to reduce motorcycle crashes
and fatalities. Data describing actual events are difficult to collect.
Riders and law enforcement officers are not always aware of what caused
a crash after the fact. It is even more difficult to identify
behavioral factors associated with safe riding, and the actions of
riders during evasive maneuvers that did not result in a police-
reportable crash. Studies using instrumented vehicles to collect data
on the real-world driving of passenger car and truck drivers have
provided unprecedented information describing

actual events occurring for drivers as they negotiate the roadway
system. The goal of this study is to collect similar data from
motorcycle operators using instrumented motorcycles.
    Participating riders' responses to a series of questionnaires on
their demographics, riding history, self-reported behavior, and
perceptions will augment the data collected from their instrumented
motorcycles. Information collected from questionnaires will allow NHTSA
to investigate if these rider characteristics are related to safe and
unsafe on-motorcycle riding behavior. A debriefing interview will
collect additional subjective information on the rider's experiences
riding with the instrumentation over the prior year. In support of its
mission, NHTSA will use the information from the questionnaires and
interviews, in conjunction with the naturalistic data collected from
the instrumented motorcycles, to decrease crashes and resulting
injuries and fatalities, and provide informational support to States,
localities, and law enforcement agencies that will aid them in their
efforts to reduce motorcycle crashes.
    Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information):
Participation in the study will be voluntary. Each of the 160
participants in the on-road instrumented motorcycle portion of the
study will be asked to complete intake questionnaires, capturing
demographic characteristics, riding history, self-reported behavior,
and perceptions, during his or her instrumentation session and to
complete a debriefing interview as the instrumentation is being removed
from his or her motorcycle one year later.
    If a participant in the study is involved in a crash while riding
the instrumented motorcycle, he or she may be asked to participate in
one additional interview on the circumstances surrounding the crash.
Based on the number of crashes that occurred per mile driven in a prior
instrumented car study and the number of motorcycle injury crashes per
mile ridden in 2009, NHTSA estimates that 20 motorcycle crashes may
occur during this study.
    Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information: The intake questionnaires
are estimated to take 75 minutes to complete, and the debriefing
interview is estimated to last 15 minutes. Intake questionnaires will
be completed during the time when the respondent's motorcycle is being
instrumented, and the debriefing interview will be completed while the
instrumentation is being removed from the respondent's motorcycle after
the one-year period of on-road data collection. This results in an
estimated burden of 200 hours of burden for the intake questionnaires
(160 respondents x 75 minutes), and 40 hours of burden for the
debriefing interviews (160 respondents x 15 minutes).
    A rider involved in a crash on his or her instrumented motorcycle
during the on-road data collection period may be asked to participate
in an additional interview regarding the circumstances that surrounded
the crash. This interview would take approximately 60 minutes, and
NHTSA estimates that 20 motorcycle crashes may occur during this study.
Thus, the estimated burden for post-crash interviews is 20 hours (20
respondents x 60 minutes).
    The total estimated information collection burden for this project
is 260 hours over one year: 200 hours for the intake questionnaires, 40
hours for the debriefing interviews, and 20 hours for possible post-
crash interviews. The respondents will not incur any record-keeping
burden or record-keeping cost from the information collection.

    Authority: 44 U.S.C. 3506(c)(2)(A).

Jeffrey Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2011-29361 Filed 11-15-11; 8:45 am]
BILLING CODE 4910-59-P