         INSTRUCTIONS FOR COMPLETING BROWNFIELDS PROPERTY PROFILE FORM
                             GENERAL INSTRUCTIONS
Overview:
As specified in the cooperative agreement terms and conditions, all Assessment, Cleanup, Revolving Loan Fund (RLF), and State and Tribal Section 128(a) (for site-specific work) cooperative agreement recipients must report to EPA as soon as an accomplishment has occurred. Targeted Brownfields Assessments (TBAs) must also report accomplishments as they occur. This Office of Management and Budget (OMB) and Environmental Protection Agency (EPA) approved reporting form (OMB Form 2050-0192, EPA Form 6200-03), supplements your Progress Reports with specific property information. Please note that in most instances, all reported information is accessible to the public under the Freedom of Information Act (FOIA) and may be distributed by EPA to the public unless one of the FOIA exclusions is applicable.

All cooperative agreement recipients must develop and regularly maintain a Brownfields Property Profile Form for each property benefiting from the EPA Brownfields cooperative agreement. Compared to the Progress Reports, each Property Profile Form contains information relating only to a specific property targeted by the cooperative agreement recipient.

The Property Profile Form is divided into four parts. Unless otherwise indicated, reporting in each section is mandatory for all cooperative agreement recipients. Use the following format when asked to enter a date: mm/dd/yyyy. Additional instructions and definitions for completing this form are provided below. Please contact your EPA Regional Representative if you have any questions when completing this form.

Leveraged Accomplishments Note: Several fields in the Property Profile Form refer to "leveraged" activities or accomplishments. Typically, these leveraged activities and accomplishments are natural results/outcomes of the EPA-funded activities (e.g., cleanup jobs/funding at a property assessed with EPA Brownfields Assessment grant funding; redevelopment jobs/funding at a property cleaned up with EPA Brownfields Cleanup or RLF grant funding). To be reportable, there must be a demonstrable link or connection between the EPA-funded activity and the leveraged activity/funding/accomplishment. Usually, activities/funding/accomplishments that occur prior to award of the EPA grant and have no demonstrable link or connection to EPA-funded activity should not be reported as leveraged since the activity predates the award. In addition, the leveraged activity/funding/accomplishment should be reported only when actually manifested (i.e., projected dates, acreage, and other data, including expected jobs or uncommitted funding, should not be reported). However, "Planned Acres" or "Square Footage of the Future Use" (Field 24) may be reported prior to redevelopment activity.

When to Submit:
Original Property Profile Form: A Property Profile Form must be submitted when the cooperative agreement recipient starts using EPA funds at an eligible property.
   * For Assessment cooperative agreements, this will typically mean when the cooperative agreement recipient has started an assessment at an eligible property.
   * For Cleanup cooperative agreements, this will typically be the first or second quarter of the cooperative agreement period as the funds are first spent on the property identified in the selected proposal.
   * For RLF cooperative agreements, this may mean when a subgrant or loan package is completed for an eligible property.
   * For TBAs, this will typically mean when an eligible property assessment has started using EPA funds.
   * For state and tribal voluntary response program cooperative agreements, this will typically mean when the cooperative agreement recipient has started using EPA funds at an eligible property for assessment or cleanup activities.

Updated Property Profile Forms: Property Profile Forms must be updated as activities (e.g., assessment, cleanup, and redevelopment) and accomplishments (e.g., cleanup completed, redevelopment underway, significant leveraged funding committed) occur. For example, a Property Profile Form should be updated upon: completion of a Phase II assessment, receipt of a no cleanup action document or determination, completion of cleanup activity, and/or initiation/completion of redevelopment. In addition, a Property Profile Form should be updated as the property background information changes or if there are other anecdotal information and successes that the cooperative agreement recipient wants to share with EPA. Cooperative agreement recipients should also revise and submit updated Property Profile Forms for all targeted properties when the cooperative agreement is being closed out. If you have data to report after the closeout of the cooperative agreement, please contact the ACRES Help desk at<EMAIL_ADDRESS>
To Whom to Submit:
Cooperative agreement recipients must submit Property Profile Forms to their EPA Regional Representative identified in the terms and conditions of the cooperative agreement. If data is entered online it will automatically be delivered to the EPA Regional Representative.

How to Submit:
The Assessment, Cleanup, and Redevelopment Exchange System (ACRES) is available online and is the preferred method for all cooperative agreement recipients to enter and electronically submit the Property Profile Form. The Property Profile Form may also be submitted in hard copy with the next required Progress Report or submitted via e-mail to the EPA Regional Representative.

            DETAILED INSTRUCTIONS FOR COMPLETING EACH ITEM ON FORM

PART I  -  PROPERTY INFORMATION
(Mandatory for all cooperative agreement recipients)

COOPERATIVE AGREEMENT RECIPIENT INFORMATION
1. Cooperative Agreement Recipient Name. Enter the cooperative agreement recipient name. Use the official name of the cooperative agreement recipient as written in the cooperative agreement documentation, unless otherwise directed by the EPA Regional Representative. For TBAs, indicate the requester name. For state and tribal property-specific activities, enter the state or tribe name.

2. Cooperative Agreement Number. Enter the number of the cooperative agreement as provided in the cooperative agreement documentation (e.g., BF 00000000). Enter the response program number for state and tribal property-specific cooperative agreements (e.g., RP 00000000). For TBAs, enter the Contract number.

3. Type of Brownfields Cooperative Agreement. Indicate the type of EPA Brownfields cooperative agreement to which all accomplishments reported on this Property Profile Form apply. If a property has benefited from more than one EPA Brownfields cooperative agreement, submit separate Property Profile Forms to report accomplishments for each cooperative agreement at that property. The TBA selection is to be used by EPA Regional personnel only.

4. For Assessment, Cleanup, and RLF Cooperative Agreements, indicate type of Funding Used at the Property.  Indicate what type of funding is being used at the property (e.g., hazardous substances, petroleum, or a combination of both).

5a. Initial or Updated Property Profile Form. Indicate if this is the first Property Profile Form being submitted for the property or an updated version of a previously submitted Property Profile Form.

5b. If "Updated Form," provide the ACRES Property ID.  Enter the ACRES Property ID number as indicated on the property screen in ACRES.  The ACRES Property ID is unique to the ACRES application only.

PROPERTY BACKGROUND INFORMATION
(Mandatory for all cooperative agreement recipients)

Property Background Information. Provide background information about the targeted property. Much of this information is historical (e.g., name, street address, latitude/longitude, size, description/history) and should be provided on the original Property Profile Form, with updates only as necessitated by changed circumstances.

For purposes of cooperative agreement recipient reporting, a "property" generally is the targeted site identified by the recipient as an eligible brownfield and is generally defined as a contiguous piece of land under unitary ownership unless otherwise discussed with EPA. A property may contain several smaller components, parcels, or areas.

6. Property Name. Enter the name of the property. The property name should include the primary reference to the property.

6a. Property Alias. Enter any additional property aliases. . If multiple aliases are listed, separate by commas.

7a. Street Address. Enter the address of the property. The street address provided should reflect the primary entrance to the property. If no street address is available, please report the names of the streets for the intersection closest to the primary property entrance.

7b. City. Enter the name of the city in which the property is located.

7c. County.  Enter the county in which the property is located.

7d. State. Enter the two-letter abbreviation for the name of the state in which the property is located.

7e. Zip Code. Enter the zip code (with plus four code, if available) for the property.

8. Size. Enter the number of acres contained within the property's boundary. Acreage for the entire property, not just the potentially contaminated portions, should be provided.

9. Parcel Number(s). Enter the universal identification number for the property (i.e., parcel number, or tax map/block/lot number). Please list all applicable parcel numbers for the property. If multiple parcel numbers are listed, indicate the primary parcel number first (i.e., that which encompasses the primary entrance for the property), followed by any other parcel numbers (separated by commas).

STATE & TRIBAL BROWNFIELDS/VOLUNTARY RESPONSE PROGRAM INFORMATION. Provide information on the status of the property within a state voluntary response program.

10. State & Tribal Program Enrollment. If the property is enrolled in a state Brownfields program or a state voluntary response program, indicate the date upon which the property was enrolled and the state identification number(s) the property received upon enrollment. If the property is not enrolled in a state program, check "This Property Is Not Enrolled in a State or Tribal Program."

PROPERTY GEOGRAPHIC INFORMATION.
If you are using ACRES to submit the Property Profile Form all you will need is a standard U.S. mailing address or intersection and ACRES will automatically load the correct geographic data.

If the property does not have a standard U.S. mailing address or an intersection or you are using the paper version of the Property Profile Form, complete the following steps. Indicate the latitude and longitude information for the property. The coordinates should be taken at the primary entrance to the property (i.e., at the street address listed in 7a). After providing this information ACRES will automatically update the address fields. There are six required data elements (i.e., metadata associated with latitude and longitude) that are described below; however the EPA Office of Brownfields and Land Revitalization (OBLR) or its contractors will provide latitude/longitude and associated metadata if cooperative agreement recipients are unable. Additional guidance regarding EPA's data standards for geographic information can be found at http://www.epa.gov/edr and is also available from your EPA Regional representative.

11a. Latitude. Enter the latitude coordinate for the property's primary entrance. Please indicate, in degrees and decimal degrees (up to a maximum of six decimal positions), the measure of the angular distance on a meridian north or south of the equator. Where degrees latitude are less than 10, leading zeros should be given (e.g., 09 degrees latitude). Latitude measures should be preceded by a plus (+) symbol for points on or north of the equator and a minus (-) symbol for points south of the equator.

11b. Longitude. Enter the longitude coordinate for the property's primary entrance. Please indicate, in degrees and decimal degrees (up to a maximum of six decimal positions), the measure of the angular distance on the meridian east or west of the prime meridian. Where degrees longitude are less than 100, leading zero(s) should be given (e.g., 006 or 089 degrees longitude). Longitude should always be preceded by a minus (-) symbol for points west of the prime meridian and a plus (+) symbol for points on or east of the prime meridian. Longitude for places in the United States should be preceded by a minus (-) symbol.

PART II  -  ENVIRONMENTAL ACTIVITIES

ENVIRONMENTAL ASSESSMENT INFORMATION
(Mandatory for Assessment Cooperative Agreements, State and Tribal Property-Specific Assessments, and TBAs; and, if information is available, for Cleanup and RLF cooperative agreement recipients.)

In this section, the cooperative agreement recipient should provide information relating to assessment activities conducted with EPA funds from the subject cooperative agreement. For Cleanup and RLF cooperative agreements, only assessment activities funded through non-EPA sources should be entered here.

Table A. Environmental Assessment Activity. Table A collects the assessment phase, assessment start and completion date(s), funding category, name of the entity(ies) providing funding, and the amount of funding. If there are multiple assessments, please use a separate line for each.

Activity. Indicate the type of activity (e.g., Phase I or II Environmental Site Assessment (ESA), Supplemental Assessment, Cleanup Planning)
   * Phase I Assessment
         o Phase I Start Date(s). The date(s) on which the grant recipient authorizes the initiation of any Phase I activities on the property (e.g., historical property research, record review, site visit, etc.). A Phase I is equivalent to an environmental assessment conducted in accordance with the All Appropriate Inquiries final rule standard set forth in 40 C.F.R. 312, or an Environmental Site Assessment Conducted in compliance with the ASTM E1527-05 standard.
         o Phase I Report Completion Date(s). The date(s) on which any Phase I reports (e.g., the written report required under 40 CFR 312.21(a) of the All Appropriate Inquiries final rule) were completed. A Phase I report is final when an environmental professional or state official has signed and dated the report as required in the final rule (see 40 CFR 312.21(c)).
   * Phase II Assessment
         o Phase II Start Date(s). The date(s) on which any Phase II activities (e.g., sampling analysis plan is approved or field mobilization occurs on the property) begin.
         o Phase II Report Completion date(s). The date(s) on which any Phase II reports (e.g., supplement assessment, site investigation) were completed. A Phase II report is final when an environmental professional or state official has prepared an environmental assessment report that has been accepted by the grant recipient.
   * Supplemental Assessment
         o Supplemental Assessment Start Date. Enter the date on which a Supplemental Assessment activity starts. A Supplemental Assessment is defined as any additional environmental activity that is required in order to complete a site characterization, define the nature and extent of contamination and/or fill any environmental data gap necessary to identify and/or perform cleanup activities.
         o Supplemental Assessment Completion Date. Enter the date on which a Supplemental Assessment is completed. A Supplemental Assessment is considered completed when the Supplemental Assessment report has been accepted by the cooperative agreement recipient.
   * Cleanup Planning
         o Cleanup Planning Start date. The date(s) on which cleanup planning activities began leading up to the completion of one or more cleanup planning documents that were prepared by an environmental professional and accepted by the cooperative agreement recipient.  Planning documents could include an Analysis of Brownfields of Cleanup Alternatives (ABCA), Community Relations Plan, cleanup workplan, etc.  Cleanup planning may also include such activities as: environmental data analysis, risk assessment, the establishment of remedial action objectives, or the identification of cleanup levels as required by the applicable state or tribal response program.
         o Cleanup Planning Completion date. The date(s) on which cleanup planning activities are completed, most likely marked as the date in which the cooperative agreement recipient accepts completed cleanup planning documents.

Source of Funding. Use the check boxes to indicate the category of funding, and check only one funding source box per line. The categories of funding include:
   * This U.S. EPA Cooperative Agreement. Select if U.S. EPA (see Field 2 on the Property Profile Form) funds from the subject cooperative agreement were used to perform assessment activities at the property (including TBA funding for EPA regional personnel).
   * Other Federal. Select if other federal funds were used to perform assessment activities at the property (e.g., U.S. Department of Housing and Urban Development Brownfields Economic Development Initiative grant, U.S. Economic Development Administration grant, EPA Smart Growth grant).
   * State/Tribal Funding. Select if any state and tribal funds (exclusive of state and tribal property-specific 128(a) funds) were used to perform assessment activities at the property (e.g., state economic development grant, state brownfields assessment grant).
   * Local Government. Select if any local funds were used to perform assessment activities at the property (e.g., local bond/tax increment financing, city community development grant).
   * Private/Other. Select if any private funds were used to perform assessment activities at the property (e.g., company X, developer Y, non-profit Z).

Name of Entity Providing Funds. Indicate the name of the entity that provided funding for assessment activity, unless it is from this U.S. EPA Cooperative Agreement.

Amount of Funding Expended on this Activity. Enter the amount of funding committed by the specified entity providing funds for the assessment activity.

12a. Indicate Whether Cleanup is Necessary. Indicate whether cleanup is required as soon as sufficient assessment has been conducted to make such a determination. An "environmental cleanup" is defined as any action that is required at a property as a result of contamination by any hazardous substance, petroleum product, controlled substance, or solid waste to address levels that pose a threat to human health and the environment. The "no cleanup necessary" determination is generally made by the cooperative agreement recipient or property owner -- typically in conjunction with state voluntary response program officials and/or certified environmental professionals following an environmental assessment of the property -- to indicate that the property does not have any contaminants at levels that pose a threat to human health or the environment. In this instance, proceed to #16 or provide an explanation in #25.  A cooperative agreement recipient may not know whether cleanup is required, if additional assessment work is required, if the cleanup level is dependent on the future use, or if a future use has not been determined. In these instances, indicate "unknown" and update this section when a determination is made. A "cleanup is necessary" determination may include situations where an invasive cleanup does not occur but use of either engineering controls (e.g., capping) or institutional controls (e.g., land use restrictions) ensures that any residual contamination left on the property does not pose a threat to human health or the environment.

12b. Unknown Reason. If it is unknown whether cleanup is necessary, select the reason why. If the appropriate answer is not available, select Other and use the text field to provide the reason. Additional information can provided in Field 25 - Property Highlights.

Make sure to complete INSTITUTIONAL CONTROLS INFORMATION before submitting this Property Profile Form to your EPA Regional Representative.

CONTAMINANTS AND MEDIA AFFECTED INFORMATION
(Assessment information (i.e., types of contaminants revealed, Recognized Environmental Conditions (REC) found and media affected) is mandatory for Assessment cooperative agreement recipients, state and tribal property-specific cooperative agreements, and Targeted Brownfield Assessments;, and, if information is available, for Cleanup and RLF cooperative agreement recipients. Cleanup information (i.e., types of contaminants cleaned up and media cleaned up) is mandatory for Cleanup, RLF, and State and Tribal property-specific cooperative agreement recipients; and, if information is available, for Assessment cooperative agreement recipients.)

Table B. Contaminants and Media Affected. Provide information relating to the results from the environmental assessment activities performed at the property, including information on the types of contaminants found/cleaned up and the media impacted/cleaned up. Update this section as additional information becomes available.
Recognized Environmental Conditions.  Indicate the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment as defined in ASTM-1527. De minimis conditions are not recognized environmental conditions.
Contaminant(s) Found. Indicate what types of contaminants have been identified or detected through the assessment activities. Mark the boxes for each and every type of contaminant that has been detected. The eight specific classes listed are defined in Appendix A, Types of Contaminants. If contaminants are identified that do not fall into one of the types, please indicate "other" and provide a brief description of the contaminant(s) identified during the assessment activities. If contaminants were not detected during assessment, indicate "no contaminants." If the types of potential contaminants have not yet been determined for the property, indicate "unknown." Please consult with your EPA Regional Representative if you need additional assistance in classifying the contaminants at your targeted properties.
Contaminant(s) Cleaned Up. Indicate which types of contaminants have been cleaned up. Mark the boxes for each and every type of contaminant that has been cleaned up. Contaminants are considered cleaned up when a "clean" or "no further action" letter (or its equivalent) has been issued by the state or tribe under its voluntary response program (or its equivalent) for cleanup activities at the property; or the cooperative agreement recipient or property owner, upon the recommendation of an environmental professional, has determined and documented that on-property work is finished. On-going operation and maintenance activities or monitoring may continue after a cleaned up designation has been made.
Media Affected. Indicate which types of media (e.g., soil, air, building materials, indoor air, surface water, ground water, drinking water, sediments) are impacted by the identified contaminants. Mark the boxes for each and every media impacted at levels that are actionable under state, tribal, and/or federal standards. To the extent that the future reuse plans impact whether the contamination in the media is actionable, consider providing a brief description in Part VII, Anecdotal Property Information. If no media were affected by contaminants, indicate "no media affected." If the assessment activity is preliminary in nature and does not report potential affects by media, indicate "unknown." When the media affected become known, please update this section.
Media Cleaned Up. Indicate which types of media (e.g., soil, air, surface water, ground water, drinking water, sediments) are impacted by the identified contaminants that have been cleaned up. Mark the boxes for each and every media impacted at levels that are actionable under state, tribal, and/or federal standards and have been cleaned up. Contaminants are considered cleaned up when a "clean" or "no further action" letter (or its equivalent) has been issued by the state or tribe under its voluntary response program (or its equivalent) for cleanup activities at the property; or the cooperative agreement recipient or property owner, upon the recommendation of an environmental professional, has determined and documented that on-property work is finished and any needed institutional or engineering controls are in place and functional. On-going operation and maintenance activities or monitoring may continue after a cleaned up designation has been made.

ENVIRONMENTAL CLEANUP INFORMATION
(Mandatory for Cleanup, RLF, and State and Tribal property-specific cooperative agreements; and, if information is available, for Assessment cooperative agreement recipients and Targeted Brownfield Assessments.)

In this section, the cooperative agreement recipient should provide information relating to cleanup activities funded by the EPA cooperative agreement and basic information relating to the cleanup activity and results. For Assessment cooperative agreements, information included in this section is assumed to be conducted with funding from other sources.

13. Cleanup Activity Start Date. This is the date that the cleanup contractor mobilizes to the site and starts cleanup activities. Examples of cleanup activities include:
   * Site preparation
   * Clearing & grubbing
   * Soil excavation
   * Soil, water, and ground water treatment
   * Removal of tanks
   * Disposal of cleanup-generated waste streams
   * Hazardous building materials abatement
   * Demolition needed to allow cleanup to safely proceed
   * Operation and maintenance activities

14a. Cleanup Activity Completion Date. This is the date when a property's cleanup activities are completed to a regulatory risk-based standard. It typically occurs when:
   * A "clean" or "no further action" letter (or its equivalent) has been issued by the state or tribe under its voluntary response program (or its equivalent) for cleanup activities at the property, or;
   * The grant recipient or property owner, upon the recommendation of an environmental professional, has determined and documented that on-property work is finished. Ongoing operation and maintenance activities or monitoring may continue after a cleanup completion designation has been made.

14b. Cleanup Completion Documentation. Select the type of documentation used to determine the cleanup completion date.

(1) A "clean" or "no further action" letter (or its equivalent) has been issued by the state or tribe under its voluntary response program (or its equivalent) for cleanup activities at the property; or

(2) The cooperative agreement recipient or property owner, upon the recommendation of an environmental professional, has determined and documented that on-property work is finished. Ongoing operation and maintenance activities or monitoring may continue after a cleanup completion designation has been made.

15. Acres Cleaned Up. Enter the number of acres that have been cleaned up. Provide only the acreage for the portion of the property that has been addressed by environmental cleanup activities. A property is considered cleaned up when it is made available for reuse as a result of the environmental cleanup activity.

15a. Indicate if this is a partial cleanup. Indicate whether the cleanup activity(ies) completed with Brownfields cooperative agreement funds is a partial cleanup of the property. Indicate where further cleanup is needed & will be conducted at a later date with other funding.

16. Date No Further Action/Cleanup Completion Document Issued. If the property has received a No Further Action Letter or equivalent cleanup completion documentation, indicate the date upon which this documentation was issued. If the property is not enrolled in a state program such that this documentation does not apply, leave this field blank.

17. Number of Cleanup Jobs Leveraged. Provide information relating to jobs leveraged during the cleanup at the property.  This number includes short-term jobs (i.e., with a duration of less than one year) typically leveraged during the cleanup stage. Only actual jobs should be reported; planned or expected jobs should not be reported until they are realized. Cleanup jobs directly paid for by a U.S. EPA cooperative agreement should not be reported here, only jobs leveraged as a result of a U.S. EPA cooperative agreement.
To calculate the number of jobs, use the formula:

Full Time Equivalent FTE = Cumulative Hours Worked/Cumulative Hours in a Full-Time Schedule*

*total number of cumulative hours in a full-time schedule (i.e., 520 hours per quarter, 2080 per year)

If payroll records or the exact hours worked are not available, leveraged jobs can be estimated by multiplying the average cleanup crew size by the fraction of a year worked. For example, if a cleanup crew of six worked for six months (half a year), there would be three cleanup jobs leveraged.

18. EPA Funding Category and Amount. Cleanup activities conducted and funded prior to the awarding of the cooperative agreement should typically not be provided (i.e., pre-award activities are not considered leveraged and should not be reported). Funding for activities used to prepare the property for redevelopment (e.g., demolition, property clearing) should be reported in this table. Supplemental narrative information about the cleanup funding may be further described in Part VII, Anecdotal Property Information (e.g., describe use of innovative funding sources, use of loans and/or insurance mechanisms to facilitate cleanup). The categories of funding include:
   * U.S. EPA - Brownfields Cleanup Cooperative Agreement. For Cleanup cooperative agreement recipients, indicate the amount of brownfield funds from the subject cooperative agreement used to perform environmental cleanup activities at the property.
   * U.S. EPA - Brownfields RLF Loan. For RLF cooperative agreement recipients, indicate the date signed and the amount of the loan used to perform environmental cleanup activities at the property. Loan amounts should be reported when the loan is issued to the borrower (i.e., when the loan document is signed and legally binding).
   * U.S. EPA - Brownfields RLF Subgrant. For RLF cooperative agreement recipients, indicate the date signed and the amount of the subgrant used to perform environmental cleanup activities at the property. Subgrant amounts should be reported when the subgrant is awarded (i.e., when the subgrant is signed and legally binding).
   * U.S. EPA - Section 128 State and Tribal. For state and tribal property-specific cooperative agreements, indicate the amount of the Section 128 state and tribal funds used to perform environmental cleanup activities at the property.

Table C. Environmental Cleanup Leveraged Funding Detail. Table C collects the leveraged funding source(s), name of entity providing leveraged funds, and the amount of funding leveraged for cleanup. If multiple leveraged funding sources were used for cleanup, please use a separate line for each source.

Source of Funding. Use the check boxes to indicate the source of funding, and check only one funding source box per line. Provide the name of the entity providing the funding and the amount of leveraged funding. The categories of funding include:
   * Other Federal. Select if any federal funds other than this U.S. EPA Cooperative Agreement were used to perform environmental cleanup activities at the property (e.g., U.S. Department of Housing and Urban Development Community Development Block Grant, U.S. Department of Housing and Urban Development Brownfields Economic Development Initiative grant).
   * State/Tribal Funding. Select if any state and tribal funds (exclusive of state and tribal property-specific 128(a) funds) were used to perform environmental cleanup activities at the property (e.g., state brownfields cleanup grant, state economic development grant).
   * Local Government. Select if any local funds were used to perform environmental cleanup activities at the property (e.g., local bond/tax increment financing).
   * Private/Other. Select if any private funds were used to perform environmental cleanup activities at the property (e.g., company X, developer Y, non-profit Z).
   * Cost Share. Provide the amount of the Cost Share applied to this cleanup activity.

Name of Entity Providing Funds. Indicate the name of the entity that provided funding for the cleanup activity.

Activity Funded. Briefly describe the activity that was funded.

Amount of Funding. Enter the amount of funding committed by the specified entity.

INSTITUTIONAL CONTROLS and ENGINEERING CONTROLS INFORMATION
(Mandatory for all cooperative agreement recipients.)

In this section, the cooperative agreement recipient should provide information relating to the use of institutional controls on the property.

19a. Institutional Controls Required. Indicate whether institutional controls are required as part of the cleanup or containment activity to help minimize the potential for exposure to contamination and/or restrict land or resource use.

19b. Category of Institutional Controls Required. Indicate which category(ies) of institutional controls are required. Mark the boxes for each and every category of institutional control that is required. Although the definitions of institutional controls vary across localities and states, there are four general categories: proprietary controls (e.g., easements, covenants); governmental controls (e.g., zoning, building codes, drilling permit requirements); informational devices (e.g., state registries, deed notices, advisories); and enforcement/permit tools (e.g., orders, permits, consent decrees). If the information about the institutional control (e.g., specific type of control) is available online, please provide the World Wide Web address or URL. Please use the provided text box to enter any additional information on institutional controls at the property. For more details on institutional controls, please refer to EPA guidance (the most recent February 2003 draft guidance is entitled "Institutional Controls: A Guide to Implementing, Monitoring and Enforcing Institutional Controls at Superfund, Brownfields, Federal Facility, UST and RCRA Corrective Action Cleanups") or contact your EPA Regional Representative.

19c. Institutional controls are in place, and operating as intended. Appropriate institutional controls should reflect the specific contamination and exposure potential circumstances of a given property, including consideration of reasonably anticipated future uses, and mechanisms in place to modify institutional controls, if necessary, based on future changes in use. Depending on the type of institutional control(s) to be implemented at a property the term "in place" could include, for example: the enactment of ordinances (e.g., ground water use restrictions), codes, and/or regulations by local government; recording of legal instruments in the chain of title for a property; issuance by a regulatory authority of enforcement tools or permits; listing of property on state registry of contaminated sites; and/or recording of deed notices or hazard advisories in local land records. Indicate the date that the final required institutional control was enacted, recorded, issued or listed, as appropriate.

20a. Engineering Controls Required.  Indicate whether engineering controls are required as a part of the cleanup or containment activity to help minimize the potential for exposure to contamination.

20b. Category(ies) of Engineering Controls Required. Indicate which category(ies) of engineering controls are required.  Mark the boxes for each and every category of engineering control that is required. Although the definitions of engineering controls may vary across localities and states, there are four general categories: cover technologies (capping); Engineered Barriers (i.e., slurry walls, sheet, piling, synthetic membranes); Immobilization Processes (i.e., in-situ solidification, in-situ stabilization, encapsulation); Security (guard, fences, public notices), and Other (please enter any other engineering control not previously covered). If the information about the engineering control (e.g., specific type of control) is available online, please provide the World Wide Web address or URL. Please use the provided text box to enter any additional information on engineering controls at the property. For additional information please contact your EPA Regional Representative.

20c. Engineering controls are in place, and operating as intended. Appropriate engineering controls should reflect the specific contamination and exposure potential circumstances of a given property, including consideration of reasonably anticipated future uses, and mechanisms in place to modify engineering controls, if necessary, based on future changes in use. Depending on the type of engineering control(s) to be implemented at a property the term "in place" could include, for example: the completion of construction of the cap, completion of the in-situ stabilization, and/or completion of the construction of the fence. Indicate the date that the final required engineering control was implemented.

REDEVELOPMENT AND OTHER LEVERAGED ACCOMPLISHMENTS
(Mandatory for Assessment, Cleanup and RLF cooperative agreements; and, if information is available, for state and tribal property specific activities and TBAs.)

In this section, provide information relating to redevelopment activities and other non-assessment/cleanup accomplishments leveraged by the EPA cooperative agreement and basic information relating to the leveraged activities. The term "leveraged" refers to those non-EPA brownfields cooperative agreement funds and activities that have some link or nexus to the efforts of an EPA cooperative agreement-funded activity, or where the EPA cooperative agreement-funded activity was a catalyst for the leveraged accomplishments. This section is mandatory for Assessment, Cleanup and RLF cooperative agreements and as available for state and tribal property specific activities and TBAs where targeted properties undergo subsequent redevelopment activities; but should only be updated when real accomplishments are realized (e.g., anticipated leveraged funding should not be reported until it is committed to the property). This section should be updated by all cooperative agreement recipients as redevelopment activities are undertaken or leveraged funds are committed for the property during the term of the cooperative agreement.

Redevelopment Information. Provide information relating to redevelopment activities leveraged by the EPA cooperative agreement.

21. Redevelopment Start Date. Enter the date upon which redevelopment activities began at the property. The start date can be triggered by a variety of events (e.g., change in property ownership, infrastructure preparation, property preparation, groundbreaking ceremony). Conceivably, the redevelopment start date can precede the date of cleanup completion when portions of the property are undergoing simultaneous cleanup and redevelopment activities. However, environmental cleanup activities necessary to prepare the property for redevelopment should not be considered a trigger for the redevelopment start date.

22. Redevelopment Completion Date.  Enter the date upon which redevelopment activities were concluded at the property. The completion date can be triggered by a variety of events (e.g., completion of the project, ribbon-cutting events, grand opening ceremonies).

Table D. Redevelopment Leveraged Funding Detail. Describe all funds linked to and leveraged by the cooperative agreement to support additional, related activities at the property, and check only one funding source box per line. Only funding committed to the property should be reported (e.g., committed funds may include, but are not limited to: tax increment financing, mortgages, bank documents, and contracts); anticipated funding should not be reported. Supplemental narrative information about the leveraged redevelopment funding may be further described in Part VII, Anecdotal Property Information (e.g., describe innovative funding sources/uses, additional details on what each funding source was used for).

Redevelopment may include non-commercial reuses (e.g., parks, wildlife refuges, nature trails, greenspaces, a non-profit community health care facility), as well as commercial or industrial uses (e.g., the expansion or remodeling of an existing manufacturing facility, the construction of a new retail space), and residential and public purpose uses (e.g., courthouse, public health clinic). Redevelopment activities conducted and funded prior to the awarding of the cooperative agreement should not be provided (i.e., pre-award activities are not considered leveraged and should not be reported). Leveraged funds may be used to support allowable activities (e.g., inventory, assessment, cleanup) as captured in the previous sections (Tables A and C, respectively) and activities that cannot be funded by the EPA cooperative agreement (e.g., demolition, property preparation, redevelopment construction, transportation improvements) that should be reported in this section.

To the extent that funding for program/grant-level activities and/or redevelopment activities have been leveraged but cannot be discretely allocated to one or more targeted properties, the leveraged funding should only be described in the Progress Report (i.e., not in the Property Profile Form). In addition to describing the amount leveraged, use the Progress Report to identify the type of activity funded, funding source, and which specific properties or areas (if any) benefit from the funding.
Table D collects the funding category, name of the entity(ies) providing funding, and the amount of funding leveraged for redevelopment. If multiple funding sources were leveraged for redevelopment, please use a separate line for each funding category used for redevelopment. The categories of funding include:
   * Other Federal. Select if any federal funds were leveraged to perform redevelopment activities at the property (e.g., U.S. Department of Housing and Urban Development Community Development Block Grant, U.S. Economic Development Administration Public Works grant).
   * State/Tribal Funding. Select if any state and tribal funds (exclusive of state and tribal property-specific 128(a) cooperative agreement funds) were leveraged to perform redevelopment activities at the property (e.g., state brownfields grant, state economic development grant).
   * Local Government. Select if any local funds were leveraged to perform redevelopment activities at the property (e.g., local bond/tax increment financing).
   * Private/Other. Select if any private funds were leveraged to perform redevelopment activities at the property (e.g., company X, developer Y, non-profit Z).

Name of Entity Providing Funds. Indicate the name of the entity that provided funding for the redevelopment activity.

Activity Funded. Briefly describe the activity that was funded.

Amount of Funding. Enter the amount of funding committed by the specified entity providing funds.

23. Number of Redevelopment Jobs Leveraged. Provide information relating to the jobs leveraged by the EPA cooperative agreement at the property. This number includes short-term jobs (i.e., with a duration of less than one year) typically but not limited to leveraged during the construction stage and long-term jobs that typically occur as a result of the new or enhanced reuse at the property (i.e., with a duration of more than one year). Other examples of redevelopment jobs leveraged are assessment activities, new businesses' employees on the redeveloped property.  Only actual jobs should be reported; planned or expected jobs should not be reported until they are realized.
To calculate number of jobs, use the formula:

FTE=Cumulative Hours Worked/Cumulative Hours in a Full-Time Schedule*
*total number of cumulative hours in a full-time schedule (i.e., 520 hours per quarter, 2080 per year)

If payroll records or the exact hours worked are not available, leveraged jobs can be estimated by multiplying the average redevelopment crew size by the fraction of a year worked. For example, if a redevelopment crew of six worked for six months (half a year), there would be three cleanup jobs leveraged.

24. Future Use(s) and Estimated Acreage Amount(s). Indicate the type and amount of planned vs. actual acreage of future use(s). For properties with more than one future use (i.e., mixed use), check all categories that apply and indicate the proportional acreage of each future use. The total amount of future use acreage can NOT be greater than the property size indicated in Field #8.   For properties with multi-story buildings only,  check the "multi-story building" box and indicate  the total square footage. Future use categories for targeted properties include:
   * Greenspace: Agricultural site, field, forest, nature trails, park, playing fields, playground, pond, recreational area, stormwater management areas, green roof, urban forest canopy, wetland, wildlife refuge;
   * Residential: Housing;
   * Industrial: Chemical plant, foundry, machine shop, incineration, landfill, manufacturing (general), mill (general), mining, petroleum (distribution/storage), power generating plant, utility, warehouse, water treatment/sewage plant, wood products site; and
   * Commercial: Automotive (dealership), dry cleaning facility, bank, museum, office,  laundry, recycling, retail, service station, storage, public services, places of worship, schools, transportation center (bus, rail, etc.).
Additional information on actual reuse and redevelopment progress can entered in Field 25  -  Property Highlights.

ANECDOTAL PROPERTY INFORMATION
(If available for all cooperative agreement recipients)

25. Property Highlights. Briefly describe anecdotal information about the property. Information relating to the cooperative agreement award criteria (e.g., community benefit, sustainable reuse/brownfields prevention, reduction of environmental threats, use of existing infrastructure, and community involvement; implementing EPA initiatives such as Clean Energy/Energy Efficiency, Water Efficiency, Diesel Emission Reduction, Construction & Demolition Materials Recycling, Low Impact Development, and/or Green Remediation) should be highlighted as much as possible. The cooperative agreement recipient may also want to highlight any innovative or unique issues, activities, technologies, or approaches; any disenfranchised or sensitive populations impacted; planned or actual reuse(s); and/or any other significant accomplishments or upcoming events, such as groundbreaking or ribbon cutting ceremonies, associated with the targeted property. In addition, the cooperative agreement recipient should provide information relating to any allowable, but non-assessment/cleanup activities (e.g., health monitoring studies, insurance) funded and/or leveraged through the cooperative agreement at the targeted property. Any such activities that are not linked directly to a single property should be described in the Progress Report. EPA will use this additional information for use in its evaluation of the success of the cooperative agreement and for its use in developing communications materials to promote the Brownfields Program and grants.

PROPERTY PHOTOGRAPH INFORMATION. Provide information on the availability of photographs and/or video footage depicting pre-cooperative agreement property conditions, cooperative agreement funded activities, redevelopment activities, and/or the property after redevelopment has been completed. As with the anecdotal narrative, EPA will use any photographs to illustrate the progress and successes of each cooperative agreement recipient in communications materials.

26. Availability of Photographs. Indicate whether still photographs depicting the property have been taken and are available.

27. Availability of Video. Indicate whether video footage depicting the property has been taken and is available.

PART III  -  ADDITIONAL PROPERTY INFORMATION

PROPERTY HISTORY INFORMATION
(If available for all cooperative agreement recipients.)

Provide information about the property, such as description, past uses, and ownership history. If additional space is needed, please attach an additional sheet.  If one has already completed assessment activities prior to receiving EPA funding, please provide that information in Table A, Environmental Assessment Activity.

28. Property Description/History/Past Ownership. Provide a brief narrative description about the history of the property, including past owners and past uses leading to any real or perceived environmental contamination.

29. Predominant Past Uses(s). Indicate the type and amount of acreage of predominant past use(s). For properties with more than one predominant past use (i.e., mixed use), check all categories that apply and indicate the proportional acreage of each past use. The total amount of predominant past use acreage can NOT be greater than the property size indicated in Field #8. For properties with multi-story buildings only,  check the "multi-story building" box and indicate the total square footage. Predominant past use categories for targeted properties include:

   * Greenspace: Agricultural site, field, forest, nature trails, park, playing fields, playground, pond, recreational area, stormwater management areas, green roof, urban forest canopy, wetland, wildlife refuge;
   * Residential: Housing;
   * Industrial: Chemical plant, foundry, machine shop, incineration, landfill, manufacturing (general), mill (general), mining, petroleum (distribution/storage), power generating plant, utility, warehouse, water treatment/sewage plant, wood products site; and
   * Commercial: Automotive (dealership), dry cleaning facility, bank, museum, office, laundry, recycling, retail, service station, storage, public services, places of worship, schools, transportation center (bus, rail, etc.).

OWNERSHIP AND SUPERFUND LIABILITY
(Mandatory for Cleanup and RLF cooperative agreements.)

Indicate if ownership has changed over the life of the cooperative agreement and if Superfund federal landowner protections factored into the ownership change.

30a. Ownership Entity. Indicate whether the property is currently owned by a government (i.e., tribal, state, local) or private entity.

30b. Current Owner. Enter the name of the current owner of the targeted property. If ownership changes during the term of the cooperative agreement, provide the new owner's name.

31a. Ownership Change. Indicate if during the term of the cooperative agreement, ownership for the property has changed. For reporting purposes, a property "ownership change" is defined as a property transaction that is recorded in a deed of sale or other equivalent sales contract that legally transfers the property from one entity to another. In addition, a transaction involving a long-term lease (e.g., 99 years) should be considered as a property ownership change (i.e., the landlord would be considered the seller and the tenant would be considered the buyer).

31b. Superfund Federal Landowner Liability Protection. For any ownership changes during the term of the cooperative agreement, indicate whether the bona fide prospective purchaser (BFPP) liability protection provided in the Brownfields Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) was a factor in the property transfer. Check the "unknown" box if you do not know whether the BFPP liability protection had an impact on the property transfer.

PART IV  -  APPROVALS

32. Cooperative Agreement Recipient Project Manager. Type or print the name of the cooperative agreement recipient project manager. The project manager should also sign and date the completed Property Profile Form before submission.

33. U.S. EPA Regional Representative. Type or print the name of the EPA Regional representative. The EPA representative should also sign and date the reviewed Property Profile Form.

                      Appendix A: Types of Contaminants
The eight specific types of contaminants pertinent to the Property Profile Form are defined below. To the extent available, the Chemical Abstract Services (CAS) numbers are also provided. Please consult with your EPA Regional representative if you need additional assistance in classifying the contaminants at your targeted properties.

Petroleum/Petroleum Products (CAS Number: 8002-05-9)  -  Petroleum is defined under CERCLA as "crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas)" (40 USC Section 9601).

Please note that the Brownfields Law restricts eligibility for EPA Brownfields funding to petroleum contaminated properties that EPA or the state determines: (1) are of "relatively low risk" compared with other "petroleum-only" properties in the state; and (2) for which there is no viable responsible party and will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the property. In addition, petroleum-contaminated properties must not be subject to a corrective action order under Resource Conservation and Recovery Act (RCRA) Section 9003(h).

Controlled Substances (CAS Number: None)  -  The Brownfields Law refers to Section 102 of the Controlled Substances Act (21 USC Section 802) to define a "controlled substance" as "a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this title (21 USC Section 812). The term does not include distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954 (26 USC Section 5001 et seq.)."

Please note that properties eligible for Brownfields funding include real property, including residential property, which is contaminated by a controlled substance. For example, properties eligible for Brownfields funding may include private residences formerly used for the manufacture and/or distribution of methamphetamines or other illegal drugs where there is a presence or potential presence of controlled substances or pollutants, contaminants, or hazardous substances (e.g., red phosphorous, kerosene, acids).

Asbestos (CAS Number: 1332-21-4)  -  EPA's Substance Registry System defines asbestos as "a grayish, noncombustible fibrous material. It consists primarily of impure magnesium silicate minerals." The Agency for Toxic Substances and Disease Registry further defines asbestos as "a group of six different fibrous minerals (amosite, chrysotile, crocidolite, and the fibrous varieties of tremolite, actinolite, and anthophyllite) that occur naturally in the environment."

PCBs (CAS Number: 1336-36-3)  -  The regulations issued under the Toxic Substances Control Act (TSCA, 15 USC 2601 et seq.), 40 CFR Section 461.3, define polychlorinated biphenyls (PCBs) as "any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains such substance."

Please note that the Brownfields Law excludes from funding eligibility portions of facilities where there has been a release of PCBs that are subject to remediation under the Toxic Substances Control Act (TSCA).

VOCs (CAS Number: None)  -  Organic compounds are chemicals composed of carbon. Volatile organic compounds (VOCs) produce vapors readily. At room temperature and normal atmospheric pressure, vapors escape easily from volatile liquid chemicals. Volatile organic compounds include a variety of chemicals such as gasoline, benzene, toluene, xylene, formaldehyde, tetrachloroethylene, and perchloroethylene.

SVOCs (CAS Number: None)  -  Organic compounds are chemicals composed of carbon. The Environmental Protection Agency defines a semi-volatile organic compound (SVOC) as an organic compound which has a boiling point higher than water and which may vaporize when exposed to temperatures above room temperature. Semi-volatile organic compounds include phenols and polynuclear aromatic hydrocarbons (PAHs).

Lead (CAS Number: 7439-92-1)  -  The Agency for Toxic Substances and Disease Registry defines lead as "a naturally occurring bluish-gray metal found in small amounts in the earth's crust."

Other Metals (CAS Number: None)  -  A metal is an element characterized by a tendency to give up electrons and by good thermal and electrical conductivity. These chemical elements cannot be broken down by any chemical or biological process and include arsenic, mercury, cadmium, and chromium.

PAHs (CAS Number: 1340489-29-2)  -  The Agency for Toxic Substances and Disease Registry defines polycyclic aromatic hydrocarbons (PAHs) as "a group of over 100 different chemicals that are formed during the incomplete burning of coal, oil and gas, garbage, or other organic substances like tobacco or charbroiled meat. PAHs are usually found as a mixture containing two or more of these compounds, such as soot. Some PAHs are manufactured. These pure PAHs usually exist as colorless, white, or pale yellow-green solids. PAHs are found in coal tar, crude oil, creosote, and roofing tar, but a few are used in medicines or to make dyes, plastics, and pesticides."

Pesticides (CAS Number: None)  -  The Environmental Protection Agency defines a pesticide as a chemical used to prevent, destroy, or repel pests. Pests can be insects, mice and other animals, weeds, fungi, or microorganisms such as bacteria and viruses. Some examples of pests are termites causing damage to homes, dandelions in the lawn, and fleas. Pesticides also are used to kill organisms that can cause diseases.


[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Rules and Regulations]
[Pages 81381-81383]
[FR Doc No: 2020-27618]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD; Amendment
39-21350; AD 2020-25-08]
RIN 2120-AA64

Airworthiness Directives; Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer
S.A.) Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model
ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100
IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD was prompted by
reports of installation of inverted poles of the horizontal stabilizer
pitch trim switches on the control yokes, which causes opposite
commands for the horizontal stabilizer. This AD requires installing
supports for the horizontal stabilizer control yoke pitch trim switches
and re-identifying the control yokes, as specified in two Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) ADs, which are
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective January 21, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 21,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, BRAZIL, Tel: 55 (12) 3203-6600; Email<EMAIL_ADDRESS>
internet www.anac.gov.br/en/. You may find this IBR material on the
ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0842.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0842; 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 final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2020-05-01, effective May 26, 2020; and ANAC AD 2020-05-02,
effective May 26, 2020 (ANAC AD 2020-05-01 and ANAC AD 2020-05-02)
(also referred to as the Mandatory Continuing Airworthiness
Information, or the MCAI); to correct an unsafe condition for certain
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model ERJ 170
airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -100
SR, -200 STD, -200 LR, and -200 IGW airplanes. Model ERJ 190-100 SR
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this AD therefore does not include
those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A. Model ERJ 170 airplanes and
Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR,
and -200 IGW airplanes. The NPRM published in the Federal Register on
September 17, 2020 (85 FR 58004). The NPRM was prompted by reports of
installation of inverted poles of the horizontal stabilizer pitch trim
switches on the control yokes, which causes opposite commands for the
horizontal stabilizer. The NPRM proposed to require installing supports

for the horizontal stabilizer control yoke pitch trim switches and re-
identifying the control yokes, as specified in ANAC AD 2020-05-01 and
ANAC AD 2020-05-02.
    The FAA is issuing this AD to address inverted poles of the
horizontal stabilizer pitch trim switches on the control yokes, which
could result in reduced controllability of the airplane. See the MCAI
for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The National Transportation Safety Board (NTSB) stated its
support for the NPRM.

Clarification Since the NPRM Was Issued

    The FAA has added a new paragraph (i) to this AD to clarify that
although the service information referenced in ANAC AD 2020-05-01 and
ANAC AD 2020-05-02 specifies to submit certain information to the
manufacturer, this AD does not include that requirement. The FAA has
re-identified subsequent paragraphs accordingly.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2020-05-01 and ANAC AD 2020-05-02 describe procedures for
installing supports for the horizontal stabilizer control yoke pitch
trim switches and re-identifying the control yokes. These documents are
distinct since they apply to different airplane models. This material
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 324 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 7 work-hours x $85 per hour =    Up to $267.............  Up to $862.............  Up to $279,288.
 Up to $595.
----------------------------------------------------------------------------------------------------------------

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

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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:

2020-25-08 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21350; Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 21, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. Model airplanes identified in paragraphs
(c)(1) and (2) of this AD, certificated in any category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -
200 SU, -200 STD, and -200 LL airplanes, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2020-05-01, effective May 26, 2020 (ANAC AD 2020-05-01).
    (2) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes, as identified in ANAC AD 2020-
05-02, effective May 26, 2020 (ANAC AD 2020-05-02).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of installation of inverted
poles of the horizontal stabilizer pitch trim switches on the
control yokes, which causes opposite commands for the horizontal
stabilizer. The FAA is issuing this AD to address this condition,
which could result in reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC AD 2020-05-01 and ANAC AD 2020-05-02, as
applicable.

(h) Exceptions to ANAC AD 2020-05-01 and ANAC AD 2020-05-02

    (1) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 refer to
their effective date, this AD requires using the effective date of
this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of
ANAC AD 2020-05-01 and ANAC AD 2020-05-02 does not apply to this AD.
    (3) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 prohibit
installing certain parts, this AD prohibits their installation as of
the applicable compliance time specified by paragraph (h)(3)(i) or
(ii) of this AD.
    (i) If the modification required by this AD was done before the
effective date of this AD, installation is prohibited as of the
effective date of this AD.
    (ii) If the modification required by this AD is done after the
effective date of this AD, installation is prohibited after
accomplishment of the modification required by this AD.

(i) No Reporting Requirement

    Although the service information referenced in ANAC AD 2020-05-
01 and ANAC AD 2020-05-02 specifies to submit certain information to
the manufacturer, this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (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, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.

(k) Related Information

    For more information about this AD, contact Krista Greer,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER><EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2020-05-01, effective May 26, 2020.
    (ii) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2020-05-02, effective May 26, 2020.
    (3) For ANAC AD 2020-05-01 and ANAC AD 2020-05-02, contact
National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, BRAZIL, Tel: 55 (12) 3203-6600; Email<EMAIL_ADDRESS>
internet www.anac.gov.br/en/. You may find this IBR material on the
ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0842.
    (5) You may view this material 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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-27618 Filed 12-15-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Notices]
[Pages 31426-31427]
[FR Doc No: 2015-13381]

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SECURITIES AND EXCHANGE COMMISSION

[Extension: Rule 10f-3; OMB Control No. 3235-0226, SEC File No. 270-
237]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension and approval of the collections of
information discussed below.
    Section 10(f) of the Investment Company Act of 1940 (15 U.S.C. 80a)
(the ``Act'') prohibits a registered investment company (``fund'') from
purchasing any security during an underwriting or selling syndicate if
the fund has certain relationships with a principal underwriter for the
security. Congress enacted this provision in 1940 to protect funds and
their shareholders by preventing underwriters from ``dumping''
unmarketable securities on affiliated funds.
    Rule 10f-3 (17 CFR 270.10f-3) permits a fund to engage in a
securities transaction that otherwise would violate section 10(f) if,
among other things: (i) Each transaction effected under the rule is
reported on Form N-SAR; (ii) the

fund's directors have approved procedures for purchases made in
reliance on the rule, regularly review fund purchases to determine
whether they comply with these procedures, and approve necessary
changes to the procedures; and (iii) a written record of each
transaction effected under the rule is maintained for six years, the
first two of which in an easily accessible place. The written record
must state: (i) From whom the securities were acquired; (ii) the
identity of the underwriting syndicate's members; (iii) the terms of
the transactions; and (iv) the information or materials on which the
fund's board of directors has determined that the purchases were made
in compliance with procedures established by the board.
    The rule also conditionally allows managed portions of fund
portfolios to purchase securities offered in otherwise off-limits
primary offerings. To qualify for this exemption, rule 10f-3 requires
that the subadviser that is advising the purchaser be contractually
prohibited from providing investment advice to any other portion of the
fund's portfolio and consulting with any other of the fund's advisers
that is a principal underwriter or affiliated person of a principal
underwriter concerning the fund's securities transactions.
    These requirements provide a mechanism for fund boards to oversee
compliance with the rule. The required recordkeeping facilitates the
Commission staff's review of rule 10f-3 transactions during routine
fund inspections and, when necessary, in connection with enforcement
actions.
    The staff estimates that approximately 270 funds engage in a total
of approximately 3,350 rule 10f-3 transactions each year.\1\ Rule 10f-3
requires that the purchasing fund create a written record of each
transaction that includes, among other things, from whom the securities
were purchased and the terms of the transaction. The staff estimates
\2\ that it takes an average fund approximately 30 minutes per
transaction and approximately 1,675 hours \3\ in the aggregate to
comply with this portion of the rule.
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    \1\ These estimates are based on staff extrapolations from
filings with the Commission.
    \2\ Unless stated otherwise, the information collection burden
estimates are based on conversations between the staff and
representatives of funds.
    \3\ This estimate is based on the following calculation: (0.5
hours x 3,350 = 1,675 hours).
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    The funds also must maintain and preserve these transactional
records in accordance with the rule's recordkeeping requirement, and
the staff estimates that it takes a fund approximately 20 minutes per
transaction and that annually, in the aggregate, funds spend
approximately 1,117 hours \4\ to comply with this portion of the rule.
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    \4\ This estimate is based on the following calculations: (20
minutes x 3,350 transactions = 67,000 minutes; 67,000 minutes/60 =
1,117 hours).
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    In addition, fund boards must, no less than quarterly, examine each
of these transactions to ensure that they comply with the fund's
policies and procedures. The information or materials upon which the
board relied to come to this determination also must be maintained and
the staff estimates that it takes a fund 1 hour per quarter and, in the
aggregate, approximately 1,080 hours \5\ annually to comply with this
rule requirement.
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    \5\ This estimate is based on the following calculation: (1 hour
per quarter x 4 quarters x 270 funds = 1,080 hours).
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    The staff estimates that reviewing and revising as needed written
procedures for rule 10f-3 transactions takes, on average for each fund,
two hours of a compliance attorney's time per year.\6\ Thus, annually,
in the aggregate, the staff estimates that funds spend a total of
approximately 540 hours \7\ on monitoring and revising rule 10f-3
procedures.
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    \6\ These averages take into account the fact that in most
years, fund attorneys and boards spend little or no time modifying
procedures and in other years, they spend significant time doing so.
    \7\ This estimate is based on the following calculation: (270
funds x 2 hours = 540 hours).
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    Based on an analysis of fund filings, the staff estimates that
approximately 251 fund portfolios enter into subadvisory agreements
each year.\8\ Based on discussions with industry representatives, the
staff estimates that it will require approximately 3 attorney hours to
draft and execute additional clauses in new subadvisory contracts in
order for funds and subadvisers to be able to rely on the exemptions in
rule 10f-3. Because these additional clauses are identical to the
clauses that a fund would need to insert in their subadvisory contracts
to rely on rules 12d3-1, 17a-10, and 17e-1, and because we believe that
funds that use one such rule generally use all of these rules, we
apportion this 3 hour time burden equally to all four rules. Therefore,
we estimate that the burden allocated to rule 10f-3 for this contract
change would be 0.75 hours.\9\ Assuming that all 251 funds that enter
into new subadvisory contracts each year make the modification to their
contract required by the rule, we estimate that the rule's contract
modification requirement will result in 188 burden hours annually.\10\
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    \8\ Based on information in Commission filings, we estimate that
38 percent of funds are advised by subadvisers.
    \9\ This estimate is based on the following calculation (3 hours
/ 4 rules = .75 hours).
    \10\ These estimates are based on the following calculations:
(0.75 hours x 251 portfolios = 188 burden hours).
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    The staff estimates, therefore, that rule 10f-3 imposes an
information collection burden of 4,060 hours.\11\ This estimate does
not include the time spent filing transaction reports on Form N-SAR,
which is encompassed in the information collection burden estimate for
that form.
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    \11\ This estimate is based on the following calculation: (1,675
hours + 1,117 hours + 1,080 hours + 188 hours = 4,060 total burden
hours).
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    The collection of information required by rule 10f-3 is necessary
to obtain the benefits of the rule. Responses will not be kept
confidential. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: May 28, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-13381 Filed 6-1-15; 8:45 am]
 BILLING CODE 8011-01-P