[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74579-74582]
[FR Doc No: 2012-30058]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1225; Directorate Identifier 2012-NM-219-AD;
Amendment 39-17288; AD 2012-25-07]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
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 certain
Gulfstream Aerospace Corporation Model GIV-X airplanes. This AD
requires performing a modified system power-on self test (SPOST) of the
flap/stabilizer electronic control unit (FSECU), and revising the
airplane flight manual to incorporate these test procedures into the
daily preflight check. This AD was prompted by

reports indicating that the FSECU does not detect failures of the brake
feature within the horizontal stabilizer electric motor unit (HSEMU),
or failures of drive solenoids for hydraulic valves within the flap
hydraulic control module (FHCM) during the SPOST. We are issuing this
AD to detect and correct such failures, which could result in runaway
horizontal stabilizer pitch trim system and consequent loss of pitch
control.

DATES: This AD is effective December 17, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 17,
2012.
    We must receive comments on this AD by January 31, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Gulfstream
Aerospace Corporation, Technical Publications Dept., P.O. Box 2206,
Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. You may review copies of the
referenced 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>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Sanford Proveaux, Aerospace Engineer,
Continued Operational Safety and Certificate Management Branch, ACE-
102A, FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia
Avenue, College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax: 404-474-
5606; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We have received reports that the flap/stabilizer electronic
control unit (FSECU) is not detecting failures of the brake feature in
the horizontal stabilizer electric motor unit (HSEMU), or failures of
drive solenoids for hydraulic valves in the flap hydraulic control
module (FHCM) during the system power-on self test (SPOST). The
potential for undetected horizontal stabilizer actuator (HSA) brake
failures results from the FSECU executing its SPOST before 115VAC and
hydraulic power are available during the airplane power-on sequence.
The root cause of this issue is the failure of the system power-up test
logic to first consider whether hydraulic and electrical power have
been supplied to the system articles under test; the test logic
therefore does not provide accurate information about the condition of
the articles. Failure to test the brake-holding torque functionality
and capability exposes the airplane to a potential latent failure of a
protective feature critical to the safe operation of the horizontal
stabilizer system. These conditions, if not corrected, could result in
a potential runaway horizontal stabilizer pitch trim system and
consequent loss of pitch control. Further, failure of the FHCM drive
solenoid valves to halt uncommanded flap motion could result in
uncommanded flap motion or flap runaway.

Relevant Service Information

    We reviewed the following service information:
     Gulfstream G350 Alert Customer Bulletin 11, including
Service Reply Card, dated December 4, 2012, which includes Revision 31,
dated December 4, 2012, of the Gulfstream G350 Airplane Flight Manual
Document GAC-AC-G350-OPS-0001.
     Gulfstream G450 Alert Customer Bulletin 11, including
Service Reply Card, dated December 4, 2012, which includes Revision 33,
dated December 4, 2012, of the Gulfstream G450 Airplane Flight Manual
Document GAC-AC-G450-OPS-0001.
     Section 1-27-40, ``Flap/Stabilizer System Preflight
Check,'' of the Gulfstream G350 Airplane Flight Manual Document GAC-AC-
G350-OPS-0001, Revision 31, dated December 4, 2012.
     Section 1-27-40, ``Flap/Stabilizer System Preflight
Check,'' of the Gulfstream G450 Airplane Flight Manual Document GAC-AC-
G450-OPS-0001, Revision 33, dated December 4, 2012.
     Section 2-03-20, ``Before Starting Engines,'' of the
Gulfstream G350 Airplane Flight Manual Document GAC-AC-G350-OPS-0001,
Revision 31, dated December 4, 2012.
     Section 2-03-20, ``Before Starting Engines,'' of the
Gulfstream G450 Airplane Flight Manual Document GAC-AC-G450-OPS-0001,
Revision 33, dated December 4, 2012.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for
Docket No. FAA-2012-1225.

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 the same type design.

AD Requirements

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

Differences Between the AD and the Service Information

    This AD requires compliance within 3 days. However, these actions
are recommended before further flight by Gulfstream G350 Alert Customer
Bulletin 11, dated December 4, 2012; and Gulfstream G450 Alert Customer
Bulletin 11, dated December 4, 2012. We have determined that the 3-day
compliance time required by this AD will adequately ensure safety while
avoiding the need to ground the fleet.
    Although the service information recommends that operators contact
Gulfstream if a successful test is not achieved, this AD requires
operators to repair those conditions before further flight in
accordance with a method approved by the FAA.

Interim Action

    We consider this AD interim action. Gulfstream is in the process of
updating software intended to terminate the actions required by this
AD. Once this upgrade is developed, approved, and available, we might
consider further rulemaking to require the upgraded software.

FAA's Justification and 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
failure of the brake feature in the HSEMU could result in a runaway
horizontal stabilizer pitch trim system which, if left uncorrected,
could result in loss of airplane pitch control. 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-2012-1225 and
Directorate Identifier 2012-NM-219-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 200 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Preflight procedure test..............  1 work-hour x $85 per                 $0             $85         $17,000
                                         hour = $85.
AFM revision..........................  1 work-hour x $85 per                  0              85          17,000
                                         hour = $85.
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    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions 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):

2012-25-07 Gulfstream Aerospace Corporation: Amendment 39-17288;
Docket No. FAA-2012-1225; Directorate Identifier 2012-NM-219-AD.

(a) Effective Date

    This AD is effective December 17, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Gulfstream Aerospace Corporation Model GIV-X
airplanes, certificated in any category, serial numbers 4001 through
4271 inclusive.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 27, Flight controls.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the flap/
stabilizer electronic control unit (FSECU) does not detect failures
of the brake feature within the horizontal stabilizer electric motor
unit (HSEMU), or failures of the drive solenoids for hydraulic
valves within the flap hydraulic control module (FHCM) during the
system power-on self test (SPOST). We are issuing this AD to detect
and correct such failures, which could result in runaway horizontal
stabilizer pitch trim system and consequent loss of pitch control.

(f) Compliance

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

(g) SPOST

    Within 3 days after the effective date of this AD, perform an
SPOST of the FSECU, in accordance with the applicable service
information identified in paragraph (h)(1) or (h)(2) of this AD.
    (1) For Model GIV-X (G350) airplanes: Use Gulfstream G350 Alert
Customer Bulletin 11, dated December 4, 2012, excluding Service
Reply Card, dated December 4, 2012, and excluding Revision 31, dated
December 4, 2012, of the Gulfstream G350 Airplane Flight Manual
Document GAC-AC-G350-OPS-0001.
    (2) For Model GIV-X (G450) airplanes: Use Gulfstream G450 Alert
Customer Bulletin 11, dated December 4, 2012, excluding Service
Reply Card, dated December 4, 2012, and excluding Revision 33, dated
December 4, 2012, of the Gulfstream G450 Airplane Flight Manual
Document GAC-AC-G450-OPS-0001.

(h) Revision of Aircraft Flight Manual (AFM)

    Before further flight after the FSECU passes the SPOST required
by paragraph (g) of this AD, revise the Normal Procedures and
Limitations sections of the AFM to incorporate the information
identified in paragraph (g)(1) or (g)(2) of this AD, as applicable.
    (1) For Model GIV-X (G350) airplanes: Incorporate the
information in Section 1-27-40, ``Flap/Stabilizer System Preflight
Check,'' and Section 2-03-20, ``Before Starting Engines,'' of the
Gulfstream G350 Airplane Flight Manual Document GAC-AC-G350-OPS-
0001, Revision 31, dated December 4, 2012. This may be accomplished
by inserting into the AFM a copy of Gulfstream G350 Airplane Flight
Manual Document GAC-AC-G350-OPS-0001, Revision 31, dated December 4,
2012.
    (2) For Model GIV-X (G450) airplanes: Section 1-27-40, ``Flap/
Stabilizer System Preflight Check,'' and Section 2-03-20, ``Before
Starting Engines,'' of the Gulfstream G450 Airplane Flight Manual
Document GAC-AC-G450-OPS-0001, Revision 33, dated December 4, 2012.
This may be accomplished by inserting into the AFM a copy of
Gulfstream G450 Airplane Flight Manual Document GAC-AC-G450-OPS-
0001, Revision 33, dated December 4, 2012.

(i) Corrective Action for Failed SPOST

    If the FSECU fails any SPOST required by this AD or as specified
in the applicable AFM, repair before further flight in accordance
with a method approved by the Manager, Atlanta Aircraft
Certification Office (ACO), FAA. For a repair method to be approved
by the Manager, Atlanta ACO, as required by this paragraph, the
Manager's approval letter must specifically refer to this AD.

(j) Special Flight Permit

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta 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.
    (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.

(l) Related Information

    For more information about this AD, contact Sanford Proveaux,
Aerospace Engineer, Continued Operational Safety and Certificate
Management Branch, ACE-102A, FAA, Atlanta Aircraft Certification
Office (ACO), 1701 Columbia Avenue, College Park, Georgia 30337;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Gulfstream G350 Alert Customer Bulletin 11, dated December
4, 2012.
    (ii) Gulfstream G450 Alert Customer Bulletin 11, dated December
4, 2012.
    (iii) Section 1-27-40, ``Flap/Stabilizer System Preflight
Check,'' of the Gulfstream G350 Airplane Flight Manual Document GAC-
AC-G350-OPS-0001, Revision 31, dated December 4, 2012. The document
number of this document is identified on the revision transmittal
page and the first page of the Record of Revisions; no other page of
this document contains this information.
    (iv) Section 1-27-40, ``Flap/Stabilizer System Preflight
Check,'' of the Gulfstream G450 Airplane Flight Manual Document GAC-
AC-G450-OPS-0001, Revision 33, dated December 4, 2012. The document
number of this document is identified on the revision transmittal
page and the first page of the Record of Revisions; no other page of
this document contains this information.
    (v) Section 2-03-20, ``Before Starting Engines,'' of the
Gulfstream G350 Airplane Flight Manual Document GAC-AC-G350-OPS-
0001, Revision 31, dated December 4, 2012. The document number of
this document is identified on the revision transmittal page and the
first page of the Record of Revisions; no other page of this
document contains this information.
    (vi) Section 2-03-20, ``Before Starting Engines,'' of the
Gulfstream G450 Airplane Flight Manual Document GAC-AC-G450-OPS-
0001, Revision 33, dated December 4, 2012. The document number of
this document is identified on the revision transmittal page and the
first page of the Record of Revisions; no other page of this
document contains this information.
    (3) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax 912-
965-3520; email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 7, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-30058 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Notices]
[Pages 71425-71426]
[FR Doc No: 2010-29439]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-2108-000]

North Wind Turbines, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

November 16, 2010.
    This is a supplemental notice in the above-referenced proceeding,
of North Wind Turbines, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is December 6, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an

eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29439 Filed 11-22-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Rules and Regulations]
[Page 53572-53574]
[DOCID:fr01se10-3]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0799]
RIN 1625-AA00

Safety Zone; Olympia Harbor Days Tug Boat Races, Budd Inlet, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the navigation channel in Budd Inlet, WA during Olympia Harbor Days tug
boat races. This safety zone is necessary to restrict vessel movement
during racing activity in order to ensure the safety of participants,
spectators, and the maritime public. This action is intended to
restrict vessel traffic movement on specified waters of the Budd Inlet,
WA during Olympia Harbor Days tug boat races.

DATES: This rule is effective from 8 a.m. until 8 p.m. on September
5th, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0799 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0799 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Ashley M. Wanzer, Sector Puget
Sound, Waterways Management Division, Coast Guard; telephone 206-217-
6175, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is contrary to the public interest
to delay the effective date of this rule. Delaying the effective date
by first publishing an NPRM would be contrary to the safety zone's
intended objectives because immediate action is needed to restrict
vessel movement during racing activity in order to ensure the safety of
participants, spectators, and the maritime public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life
and property; therefore, a 30-day notice is impracticable. Delaying the
effective date would be contrary to the safety zone's intended
objectives of protecting persons and vessels involved in the event, and
enhancing public and maritime safety.

Basis and Purpose

    This temporary rule addresses safety concerns associated with the
Olympia Harbor Days tugboat races. Tugboat races result in vessel and
spectator congestion in the proximity of the race course. Additionally,
the draft of these vessels creates a large wake when accelerating at
fast speeds during races. This safety zone is necessary to ensure
spectators remain an adequate distance from the race course and to
provide unencumbered access for emergency response craft in the event
of a race-related emergency. This safety zone will do so by prohibiting
persons and vessel operators from entering, transiting or remaining
within this safety zone while enforced.

Discussion of Rule

    Olympia Harbor Days is an annual tugboat race in Budd Inlet, WA
involving three classes of tugboat races. Each class of vessel will
compete in a heat which will take place in the navigation channel. This
safety zone restricts vessel movement in the navigation channel during
each heat of racing. This rule is effective from 8 a.m. until 8 p.m. on
September 5th, 2010. The safety zone will encompass all waters of Budd
Inlet, WA the width of the navigation channel south of a line
connecting the following points: 47[deg]05'34'' N 122[deg]55'53'' W and
47[deg]05'34'' N 122[deg]55'28'' W, until reaching the northernmost end
of the navigation channel at a line connecting the following points
47[deg]05'06'' N 122[deg]55'28'' W and 47[deg]05'03'' N,
122[deg]55'44'' W then southeasterly until reaching the southernmost
entrance of the navigation channel at a line connecting the following
points 47[deg]04'00'' N 122[deg]54'28'' N 122[deg]54'35'' W. Access to
the zone will be restricted during the specified date and time. Entry
into, transit through, mooring or anchoring within this zone is
prohibited unless authorized by the Captain of the Port, Puget Sound or
Designated Representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This rule is not a significant regulatory
action because it is short in duration and vessels will be able to
transit the navigation channel between heats of racing.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently

owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit this zone during periods of enforcement. This safety zone will
not have a significant economic impact on a substantial number of small
entities for the following reasons. This rule will be enforced for a
short duration and vessels will be able to navigate the channel between
heats with the permission of the patrolling event committee crafts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g.),
of the Instruction. This rule involves the establishment of a safety
zone. An environmental analysis checklist and a categorical exclusion
determination will be made available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  33 CFR 165.T13-159 to read as follows:

Sec.  165.T13-159  Safety Zone; Olympia Harbor Days Tug Boat Races,
Budd Inlet, WA.

    (a) Safety Zones. The following area is designated as a safety
zone:
    1. Location. All waters of Budd Inlet, WA the width of the
navigation channel south of a line connecting the following points:
47[deg]05'34'' N 122[deg]55'53'' W and 47[deg]05'34'' N 122[deg]55'28''
W until reaching the northernmost end of the navigation channel at a
line connecting the following points 47[deg]05'06'' N 122[deg]55'28'' W
and 47[deg]05'03'' N 122[deg]55'44'' W then southeasterly until
reaching the southernmost entrance of the navigation channel at a line
connecting the following points 47[deg]04'00'' N 122[deg]54'28'' N
122[deg]54'35'' W.
    (b) Effective Period. This regulation is effective from 8 a.m.
until 8 p.m. on September 5th, 2010.
    (c) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person or vessel may enter, transit, moor,
or anchor within this safety zone unless authorized by the Captain of
the Port or Designated Representative.
    (d) Authorization. All persons or vessels who desire to enter the
safety zone created in this section must obtain permission from the
Captain of the Port or Designated Representative by contacting either
the event sponsor on VHF Ch 06, the on-scene patrol craft on VHF Ch 13
or Ch 16 or the Coast Guard Sector Puget Sound Joint Harbor Operations
Center (JHOC) via telephone at<PHONE_NUMBER>.

    Dated: August 17, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-21779 Filed 8-31-10; 8:45 am]
BILLING CODE 9110-04-P


% Worker exposure 2 weeks, 5 days/week exposure, 30 days no exposure
% From Occup_Soil Inc for PBPK.xlsx, Mixer/Loader liquid Rochelle rate, Cole Crops
% January 19, 2016
% Cecilia Tan

% Setting model parameters
use human_parameters_MRP
QPC = 62.38; 	% to get QALV = 16.7 L/min @BW = 69 kg
use preg_female_parameters
BWSW=1;	%Set BW to a fixed value
BWST=69;	%Set BW to 69 kg
PREG=0;	%Not pregnant
DZONE = 1;	%Turn dermal exposure on
KDIS = 0.0;	%daily dissipation
TSTOP=1392;	%Simulation time in hours

% Dermal exposure
SAF=1;	 	% Fraction of skin in contact with chlorpyrifos.
FAD=1;     	% Fraction of dose available to be absorbed. Values of <1 could be used if pesticide is encapsulated.
DERM =9.97;		% dose in ug/kg
D3=5;  %DAYS/WEEK
P2=8; %HRS/DAY
S2=0 ;%OFFSET FROM 0 START TIME (EG IF YOU WANT TO MODEL FROM MIDNIGHT, BUT DOSE AT 8 AM)
%W2=28; %28 day exposure
W2=14; %14 day exposure

% Inhalation exposure
CONCMGM=0.000828; % Inhalation concentration mg/m3. Value is largest value reported in monitoring data.
D3IN=5;  %DAYS/WEEK
P2IN=8; %HRS/DAY
S2IN=0 ;%OFFSET FROM 0 START TIME (EG IF YOU WANT TO MODEL FROM MIDNIGHT, BUT DOSE AT 8 AM)
%W2IN=28; %28 day exposure
W2IN=14; %14 day exposure

prepare @clear@all
start @NoCallback
simall = [_time _rbcce _urinetcpy _cv*350.6];	%conc unit = ug/L

%save simall @file='mixer_liquid_cole_rochelle_01192016' @format=ascii
save simall @file='mixer_liquid_cole_rochelle_01212016' @format=ascii


[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]
[Page 26675]
[DOCID:fr03jn09-49]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP09-610-000]

Shell Energy North America (US), L.P.: Complainant v. Rockies
Express Pipeline Company and Sempra Rockies Marketing, LLC:
Respondents; Notice of Complaint

May 27, 2009.
    Take notice that on May 26, 2009, pursuant to section 206 of the
Rules and Practice and Procedure, 18 CFR 385.206 (2008) and section 5
of the Natural Gas Act, 15 U.S.C. 717d, Shell Energy North America
(US), L.P. (Complainant) filed a formal complaint against Rockies
Express Pipeline Company (REX) and Sempra Rockies Marketing, LLC (SRM)
disputing its contract rate for service from Opal, Wyoming to Zone 3 on
the REX system.
    The Complainant certifies that copies of the complaint have been
served on the representatives for REX and SRM.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm Eastern Time on June 15, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-12862 Filed 6-2-09; 8:45 am]

BILLING CODE 6717-01-P


SF-83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63,
subpart M) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63,
subpart M) (Renewal)

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Perchloroethylene (PCE) Dry Cleaning Facilities in subpart M were
proposed on December 9, 1991, and promulgated on September 22, 1993.
These standards apply to the following dry cleaning facilities in
subpart M: existing facilities operating dry-to-dry machines only and
consuming over 0.8 megagrams per year (Mg/yr) [140 gallons (gal)] of
PCE; existing facilities operating transfer machines systems consuming
over 1.1 Mg/yr (200 gal); existing facilities operating both dry-to-dry
machines and transfer machine systems consuming over 0.8 Mg/yr of PCE;
or new facilities entering the dry cleaning business.  This information
is being collected to assure compliance with 40 CFR part 63, subpart M.

Owners or operators of the affected facilities described must make
one-time-only notifications.  Owners or operators are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative.
Monitoring requirements specific to NESHAP for Perchloroethylene Dry
Cleaning Facilities in subpart M, provide information on the operation
of the control device and pollution prevention practices along with
compliance with the standard.  All facilities must maintain yearly PCE
consumption records and must implement a leak detection and repair
program.

Owners or operators must submit required reports to the United States
Environmental Protection Agency (EPA) or the delegated state regulatory
authority.  These notifications, reports, and records are essential in
determining compliance; and are required, in general, of all sources
subject to NESHAP.  Any owner or operator subject to the provisions of
this part shall maintain a file of these measurements, and retain the
file for at least five years following the date of such measurements,
maintenance reports, and records.  All reports are sent to the delegated
state or local authority.  In the event that there is no such delegated
authority, the reports are sent directly to the United States
Environmental Protection Agency (EPA) regional office.

Approximately 32,000 sources are currently subject to the regulation,
and it is estimated that an additional 2,240 sources per year will
become subject to the regulation in the next three years, but that the
overall number of facilities will remain constant as the new owners will
take over old existing facilities.  The estimated labor cost of this
Information Collection Request (ICR) will be $25,725,630 (rounded).

The Office of Management and Budget (OMB) approved the current ICR
without any “Terms of Clearance.”

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended,
to establish standards of performance for each category or subcategory
of major sources and area sources of hazardous air pollutants.  These
standards are applicable to new or existing sources of hazardous air
pollutants and shall require the maximum degree of emission reduction.
In addition, Section 114(a) states that the Administrator may require
any owner or operator subject to any requirement of this Act to:

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

In the Administrator's judgment, perchloroethylene emission from dry
cleaning facilities causes or contributes to air pollution that may
reasonably be anticipated to endanger public health or welfare.
Therefore, the NESHAP was promulgated for this source category at 40 CFR
part 63, subpart M.

2(b)  Practical Utility/Users of the Data

The control of emissions of perchloroethylene from dry cleaning
facilities requires not only the installation of properly designed
equipment, but also the operation and maintenance of that equipment.
Emissions of perchloroethylene from dry cleaning facilities are the
result of operating the dry cleaning units.  These standards rely on the
reduction of PCE emissions by refrigerated condensers or carbon
absorbers, and pollution prevention.

The required notifications are used to inform the Agency or delegated
authority when a source becomes subject to the standard.  The records
and reports are necessary to enable the reviewing authority to identify
facilities that may not be in compliance with the standard.  Based on
reported information, the reviewing authority can decide which
facilities should be offered compliance assistance and/or inspected, and
what records or processes should be inspected at these facilities.  The
records that the facilities maintain would indicate to the authority
whether transfer emissions and other fugitive emissions are being
properly controlled.  The information generated by the monitoring,
recordkeeping and reporting requirements described in this ICR is used
by the Agency to ensure that facilities affected by the NESHAP continue
to operate the control equipment and achieve continuous compliance with
the regulation.

Adequate monitoring, recordkeeping, and reporting are necessary to
ensure compliance with these standards, as required by the Clean Air
Act.  The information collected from recordkeeping and reporting
requirements is also used for targeting inspections, and is of
sufficient quality to be used as evidence in court.  To minimize the
burden, much of the information, which is kept onsite, would be reviewed
by enforcement personnel during an inspection and would not need to be
routinely reported to the authority.

3.  Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
63, subpart M.

3(a)  Nonduplication

If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted their own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  Therefore, no duplication
exists.

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

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (71 FR 35652) on June 21, 2006.
No comments were received on the burden published in the Federal
Register.

3(c)  Consultations

For this information collection, we used several different resources to
obtain the most recent data available for dry cleaning facilities
sources.  We referenced the most recent ICR, and reviewed information
available from the Office of Compliance Sector Notebook “Profile of
the Dry Cleaning Industry,” and the Sector Notebook Data Refresh -
1997.  We also accessed the most recent data available on the Air
Facility System (AFS) database as maintained by the Office of
Compliance.  In addition, we contacted the Census Bureau, Mr. John
Meijer, International Fabricare Institute (IFI),<PHONE_NUMBER>.

Based on conversations with consultants and information gathered, we
estimate that there will be 32,000 respondents with 2,240 turn over of
affected facilities per year over the next three years.

3(d)  Effects of Less Frequent Collection

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

3(e)  General Guidelines

These standards require affected facilities to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
with the part 70 permit program and the five-year statute of limitations
on which the permit program is based.  Also, the retention of records
for five years would allow EPA to establish the compliance history of a
source and any pattern of compliance for purposes of determining the
appropriate level of enforcement action.  Historically, EPA has found
that the most flagrant violators frequently have violations extending
beyond the five years.  EPA would be prevented from pursuing the worst
violators due to the destruction or nonexistence of records if records
were retained for less than five years.

No other reporting or recordkeeping requirements violate the regulations
established by OMB at 5 CFR 1320.5.

3(f)  Confidentiality

The required information has been determined not to be confidential.
However, any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, Part 2, Subpart B -
Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR
42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC and NAICS Codes

The respondents to the recordkeeping and reporting requirements are
existing cleaning facilities operating dry-to-dry machines only and
consuming 0.8 megagrams per year (Mg/yr) [140 gallons (gal)] of PCE;
existing facilities operating transfer machines systems consuming more
than 1.1 Mg/yr (200 gals); existing facilities operating both dry-to-dry
machines and transfer machines systems consuming more than 0.8 Mg/yr of
PCE; or new facilities entering the dry cleaning business (United States
Standard Industrial Classification (SIC) Codes 7215, 7216, and 7218
corresponding to North American Industry Classification System (NAICS)
Codes 812310, 812320, and 812332).  New dry cleaning facilities are
those systems that commence construction/reconstruction on or after
December 9, 1991.  Other systems are existing PCE dry cleaning
facilities.

4(b)  Information Requested

(i)  Data Items

All data in this ICR that is recorded and/or reported is required by
National Emission Standards for Hazardous Air Pollutants for
Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M).

A source must make the following reports:

Reports for 40 CFR part 63, subpart M

Initial notifications	63.324(a)

Initial report requirements	63.324(a)

Compliance report	63.324(b)

Facility status change	63.324(c)

Exceedence of low solvent consumption exemption level.	63.324(c)

A source must maintain the following records:

Recordkeeping for 40 CFR part 63, subpart M

Solvent purchases per month and calculation of yearly PCE consumption.
63.324(d)

Weekly or biweekly inspections.	63.324(d)

Date of repairs or purchase orders for repairs.	63.324(d)

Monitoring of control equipment.	63.324(d)

Design specification and operating manual for dry cleaning systems and
emission control device.	63.324(e)

All reports and notifications.	63.10(b)

Record of applicability.	63.10(b)(3)

(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate control device.

Perform initial performance test, and repeat performance tests if
necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

Presently, sources are using monitoring equipment that provides
parameter data in an automated way (e.g., leaks of perchloroethylene).
Although personnel at the source still need to evaluate the data, this
type of monitoring equipment has significantly reduced the burden
associated with monitoring and recordkeeping.  In addition, some
regulatory agencies are setting up electronic reporting systems to allow
sources to report electronically which is reducing the reporting burden.
 However, electronic reporting systems are still not widely used by the
regulatory agencies.

5.  The Information Collected: Agency Activities, Collection
Methodology, and Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

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

Audit facility records.

Input, analyze, and maintain data in the Air Facility System database.

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
the source to determine whether the pollution control devices are
properly installed and operational.  Performance test reports are used
by the Agency to discern a source’s initial capability to comply with
the emission standard, and note the operating conditions under which
compliance was achieved.  Data and records maintained by the respondents
are tabulated and published for use in compliance and enforcement
programs.

Information contained in the reports is entered into the Air Facility
System (AFS), which is operated and maintained by EPA's Office of
Compliance.  AFS is EPA’s database for the collection, maintenance,
and retrieval of compliance and annual emission inventory data for over
100,000 industrial government-owned facilities.  EPA uses AFS for
tracking air pollution compliance and enforcement by local and state
regulatory agencies, EPA regional offices and EPA headquarters.  EPA and
its delegated Authorities can edit, store, retrieve, and analyze the
data.  The records required by this regulation must be retained by the
owner or operator for five years.

5(c)  Small Entity Flexibility

A majority of the affected facilities are primarily small entities
(e.g., small businesses).  When developing the regulation, EPA took
special steps to ensure that the burdens imposed on small entities were
reasonable.  For example, an in-depth economic analysis (comparable to a
Regulatory Flexibility Analysis) was conducted and documented in:
”Economic Impact of Regulatory Control in the Dry Cleaning
Industry,” EPA-45/3-91-021.  Because of the large number of small
businesses in this industry, the reporting requirements for the
individual cleaning facilities are minimal.  There are no quarterly,
semiannual, or annual reporting requirements as there are with most
regulated large industries.  The burden is further minimized since
costly monitoring equipment, such as a continuous monitor, is not
required.  In a conscience effort to allow smaller businesses to carry a
lesser burden than their larger counterparts, the weekly recordkeeping
requirement for leak detection and repair is reduced to biweekly for the
smallest dry cleaning facilities.

Several steps have been taken to ensure that small entities are informed
of NESHAP and their reporting and recordkeeping responsibilities.
Following the publication of the promulgated rule, copies of the Federal
Register notice and, in some cases, background documents were mailed to
all industries and organizations who have had input during the
regulation development and to relevant state and local agencies.  Trade
associations distributed copies of the Federal Register notice to their
members.  Also, newspaper articles were published to reach the smallest
dry cleaning facility owners or operators.  The EPA, States and local
agencies offered compliance assistance to dry cleaners in order to
assist them in complying with the NESHAP regulations with minimal
burdens.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden for NESHAP for
Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M).

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Where appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be
1,537,784 (Total Labor Hours from Table 1).  These hours are based on
Agency studies and background documents from the development of the
regulation, Agency knowledge and experience with the NESHAP program, the
previously approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses a Technical rate for dry cleaner employees of $7.86 per
hour.  This rate is from the United States Department of Labor, Bureau
of Labor Statistics, Occupational Employment Statistics, ”2001
National Occupational Employment and Wage Estimates.”  The Managerial
rate of $31.10 per hour was used.  This rate is from the United States
Department of Labor, Bureau of Labor Statistics, “Table 10. Private
industry, by occupational and industry group,” December 2002.  The
rates have been increased by 110 percent to account for the benefit
packages available to those employed by private industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

The only type of industry cost associated with the information
collection activity in the regulations are labor costs and operation and
maintenance costs.  There are no capital/startup costs.  The average
annual burden for capital costs to industry over the next three years of
the ICR is estimated to be zero.  The annual operation and maintenance
costs are the ongoing costs to maintain the monitors and other costs
such as photocopying and postage which are itemized in the following
table.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

The capital/startup costs are one-time-only cost when a facility becomes
subject to the regulation.  The annual operation and maintenance costs
are the ongoing cost to maintain the monitors and other costs such as
photocopying and postage.

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Startup Cost for One Affected Facility	(C)

Number of New Affected Facilities to Startup	(D)

Total Startup

(B X C)	(E)

Annual O&M Costs for One Affected Facility	(F)

Number of Affected Facilities with O&M	(G)

Total O&M

(E X F)

N/A	N/A	N/A	N/A	$1.20	32,000	$38,400.00

N/A	N/A	N/A	N/A	$6.37	2,240	$14,268.80

N/A	N/A	N/A	N/A	$6.00	112	$672.00

	TOTAL	$53,340.80

The total capital/startup cost for this ICR is zero.  This is the total
of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are
$53,341.  This is the total of column G.

The total respondent non-labor costs have been calculated as the
addition of the capital/startup costs, and the annual operation and
maintenance costs.  The average annual cost for capital/startup and
operation and maintenance costs to industry of the next three years of
the ICR are estimated to be $53,341.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  Publication and distribution of the
information are part of the AFS program.  Examination of records to be
maintained by the respondents will occur as part of the periodic
inspection of sources, which is part of EPA's overall compliance and
enforcement program.

The average annual Agency cost during the three years of the ICR is
estimated to be $203,862.  (See Table 2: Average Annual EPA Burden -
NESHAP for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63,
subpart M)).  This cost is based on the average wage of a GS-13, Step 5,
for manager rates, GS-12 Step 1, for technical rates, and GS-6, Step 3,
for clerical support and travel associated with compliance activities.
Details upon which this estimate is based appear in Table 2.

6(d)  Estimating the Respondent Universe and Total Burden and Costs

Respondent Universe and Number of Responses Per Year

Regulation Citation

40 CFR Part 63,

Subpart M	(A)

Average Number of New Respondents per Year	(B)

Number of Reports for New Sources	(C)

Number of Existing Respondents	(D)

Number of Reports for Existing Sources	(F)

Number of Respondents That Keep Records but Do Not Submit Reports	(E)

Total Annual Responses

(AxB)+(CxD)+F

Write Initial Notification Report	2,240	1	32,000	0	32,000	34,240

Compliance Method Report	1,568	1	N/A	0	N/A	1,568

Solvent Consumption Report	672	1	N/A	0	N/A	672

Report Exceed Consumption Cutoff	112	1	N/A	0	N/A	112

	TOTAL	36,592

The number of total respondents is 34,240.  This number is the sum of
column A, line 1 and column C, line 1 of the Respondent Universe and
Number of Responses Per Year table.  This represents the number of
existing sources plus the number of new sources averaged over the
three-year period (i.e., the total of the number of new respondents over
the three-year period divided by three years).

The number of Total Annual Responses is 36,592.  This is the number in
column E of the Respondent Universe and Number of Responses Per Year
table.

The total annual labor costs are $25,725,630 (rounded).  Details upon
which this estimate is based appear in Table 1: Annual Respondent Burden
and Cost - NESHAP for Perchloroethylene Dry Cleaning Facilities, (40 CFR
part 63, subpart M).

The total annual capital and O&M costs to the regulated entity are
$53,000.  These costs are detailed in section 6(b)(iii), Capital/Startup
vs. Operating and Maintenance (O&M) Costs.

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The bottom line burden hours and cost tables for both the Agency and the
respondents are attached.  The annual public reporting and recordkeeping
burden for this collection of information are estimated to average one
hour per response.

6(f)  Reasons for Change in Burden

There is no change in hours in the total estimated burden currently
identified in the OMB Inventory of Approved ICR Burdens.  It is
estimated that an additional 2,240 sources per year will remain subject
to the regulation in the next three years, but that the overall number
of facilities will remain constant as the new owners will take over old
existing facilities.  This was verified by contacting a number of Trade
Associations, and subsequently determined that the number of respondents
subject to the rules addressed by this ICR is 32,000.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average approximately 42 hours per
response.  Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency.  This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection for information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA’s regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2006-0441, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Enforcement and Compliance Docket and Information
Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Avenue, N.W., Washington, D.C.  The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.  The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and
Compliance Docket and Information Center Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available online at
www.regulations.gov.  This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the Docket ID Number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention:
Desk Office for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OECA-2006-0441 and OMB Control Number 2060-0234 in any
correspondence.

NOTE:  The EPA Docket Center suffered damage due to flooding during the
last week of June 2006.  The Docket Center is continuing to operate.
However, during the cleanup, there will be temporary changes to Docket
Center telephone numbers, addresses, and hours of operation for people
who wish to visit the Public Reading Room to view documents.  Consult
EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA
website at   HYPERLINK "http://www.epa.gov/epahome/dockets.htm"
www.epa.gov/epahome/dockets.htm  for current information on docket
status, locations and telephone numbers.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting the information.

Table 1. Annual Industry Burden - NESHAP for Perchloroethylene Dry
Cleaning Facilities (40 CFR part 63, subpart M)

					       (A)	     	        (B)	      	        (C)		       (D)
 	     (E)	                (F)	       (G)	                  (H)

					  Hours per	Occurrences	    Hours		Respondent/	Mgmt hrs/
Tech hrs/      Employee             Cost, $

        Occurrence	Respondent/ 	Respondent/	   per Year	    Year a
       Year b         hrs/Year	Year

						                      Year	                       Year
$65.31              $16.51	   (E + F)

Burden Item								     (A x B)

________________________________________________________________________
________________________________________________________________________
___

1.  APPLICATIONS		  	              N/A

2.  SURVEY AND STUDIES		              N/A

3.  REPORTING REQUIREMENTS

      A.  Read Instructions 			                1		 1
 1	   	 2,240c	 	 2,240e		       0	    2,240	       146,294.40

      B.  Required activities			             N/A

      C.  Create Information			             N/A

      D.  Gather existing information

	Initial report information			2		 1	         2             	 2,240c
   224		4,256 	    4,480	         84,896.00

      	Solvent consumption			1		 1	         1	      	 2,240c
112	                2,128	    2,240            42,448.00

	Compliance method report			1		 1	         1		 1,568d		      78
       1,490	    1,568            29,694.08

       E.  Write Report

     	Initial notification report			1		 1	         1		 2,240c 		    112
               2,128	    2,240            42,448.00

	Compliance method report			1		 1	         1		 1,568d		 1,568		       0e
    1,568          102,406.08

	Solvent consumption report 	      	                0.25		 1
0.25	    672g         	    168	                       0e 	       168
       10,972.08

                Report-exceed consumption cutoff		1		 1	         1
112h	     	    112		       0e	       112              7,314.72

4.  RECORDKEEPING REQUIREMENTS

     A.  Read Instructions			    Included in 3A

     B.  Plan activities				1		 1	         1     	  2,240c
0                      2,240i	    2,240            36,982.40

     C.  Implement activities

	Weekly Leak detection/repair 	    	0.75	              52j 	       39
             22,400n                           0
873,600i	873,600     14,423,136.00

 	Bi-weekly leak detection/repair 		0.75	              26k	       19.5
    	  9,600n		        0                  187,200i	187,200
3,090,672.00

     D.  Develop record system

     	Solvent consumption			1		 1	         1		  2,240c	      	        0
               2,240i 	    2,240	         36,982.40

     	Leak detection				1		 1	         1	             	  2,240c
0	                2,240i 	    2,240	         36,982.40

     	Monitoring records			 	1		 1	         1	                  1,568d
       	        0 	                1,568i 	    1,568	         25,886.68

     E.  Time to enter information

      	Records of solvent consumption          		0.25	              12l
         3	     	32,000m           	        9f                   95,991
       96,000       1,585,399.19

               Records weekly inspections 	      		0.25
52j 	       13	                22,400n 	    	      39f
291,161       291,200       4,809,615.19

	Records of bi-weekly inspections	             	0.25	              26
      6.5		  9,600n 		        0	              62,400i         62,400
 1,030,224.00

     F.  Time to Train personnel

     	Leak detection				1	               2o 	         2
 2,240c	   	 2,240p	               2,240p	     4,480         183,276.80

     G.  Time for audits		                             N/A

TOTAL ANNUAL BURDEN										 6,902	        1,530,882      1,537,784
25,725,630.42

(C) = (A) x (B)

(G) = (E) + (F)

Assumptions:

a. Assume that hours are 5% of the employee hours unless otherwise
noted.  The management labor rate of $31.10 was obtained from the United
States Department of Labor, Bureau of Labor Statistics, September 2002,
“Table 10. Private industry, by occupational and industry group.”
The wage rate obtained from the table has been increased by 110% to
account for the benefit packages available to those employed by private
industry.

b. Assume technical labor rate for dry cleaner employees of  $7.86,  was
obtained from the United States Department of Labor, Bureau of Labor
Statistics, September 2002, “Table 10. Private industry, by
occupational and industry group.”  The wage rate obtained from the
table has been increased by 110% to account for the benefit packages
available to those employed by private industry.

c. Assume that there are 32,000 existing cleaners and that 2,240
cleaners will leave the industry and will be replaced by 2,240 new dry
cleaners.

d. Based on the estimate that 1,568 (70%) of the 2,240 new facilities
will be above the cutoff and thus required to perform this task.

e. This task requires management hours only.

f. This task is performed primarily by technical staff.  Management
hours are only for a limited number of major sources.

g. Based on the estimate that 672 (30%) of the 2,240 new facilities will
be below the cutoff and thus required to perform this task.

h. It is estimated that 5% of existing facilities each year that were
initially below the consumption cutoff will exceed the cutoff, thus
requiring submission of the Exceed   	Consumption Cutoff Report.

i. This task requires only technical employee hours.

j. Occurrences are based on weekly inspection, assuming 52 weeks per
year.

k. Assume that facilities below cutoff performs leak detection and
repairs on a bi-weekly basis.

l. Occurrences based on twelve months rolling average of
PCE/perchloroethylene consumption, determined once per month.

m. Based on 32,000 facilities performing this task every year.

n. Assume that of 32,000 perchloroethylene dry cleaners 22,400 will be
above the per consumption cutoff, which will require that the cleaner
conduct weekly leak detection and repair.  The remaining 9,600
perchloroethylene dry cleaners are below the consumption cutoff and are
only required to conduct bi-weekly leak detection and repair.

o. Estimates includes hours for training, one owner/operator and one
employee.

p. This task requires an equal amount of management and technical
employee hours.

TABLE 2: AVERAGE Annual EPA Burden - NESHAP for Perchloroethylene Dry
Cleaning Facilities (40 CFR part 63, subpart M)

					       (A)	     	        (B)	   	    (C)		      (D)
 (E)		              (F)

				         EPA Technical  	Occurrences	 Technical              Mgmt
hrs/ 	Clerical hrs/	        EPA COST/

Burden Item			         hrs / Occurrence    	   Per year	hrs / year
hour/year                Plant/Year        	             Year

									   $39.49                     $53.22 e	       $21.38 e

________________________________________________________________________
___________________________________________________

Report Review

  New Plant a

      Initial notification report				1	 2,240	     	2,240	      	112
  	     224       	        99,207.36

      Solvent consumption report b			1	    672	 	   672	        	  34
      	        67		        29,779.22

      Report-exceed consumption cutoff c			1	    112	       	   112
   	    6	         	        11		          4,977.38

      Compliance method report d	      		1	 1,568	       	1,568		  78
       	      179		        69,898.50

Total Burden and Cost						    	4,592				    		      203,862.46

Assumptions:

a. Costs are based on the following hourly rates obtained from the
Office of Personnel Management (OPM) “2003 General Schedule” which
excludes locality rates of pay:

1) Clerical at $13.36, 2) Technical at $24.68, and 3) Managerial at
$33.26.  These rates are increased by 60% to account for government
overhead expenses.

b. Area sources consuming less than 140 gallons of perchloroethylene per
year: 30 % of total number of new sources.

c. Assume that 5% will have to report-exceed consumption cutoff.

d. Area sources consuming between 140 to 200 gallons of
perchloroethylene per year: 70%

    e. Management hours and clerical hours amount to 5% and 10%,
respectively, of the technical hours.

       1) The cost of photocopying 32,000 one page per month for twelve
months @ $1.20, 2) The cost of postage to mail initial  notification and
compliance report for 2,240 @ $6.37, 3) The cost of postage to mail
solvent consumption report is $6.00 per report.

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