SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Commercial and Industrial Solid Waste Incineration

1.     Units Identification of the Information Collection

	1(a)  Title of the Information Collection

NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC) (Renewal)

	1(b)  Short Characterization/Abstract

	The New Source Performance Standards (NSPS) for Commercial and Industrial Solid Waste Incineration Units (CISWI) were proposed on November 30, 1999, and promulgated on December 1, 2000.  This standard applies to solid waste incinerators as defined at 40 CFR subpart CCCC.

	Respondents are owners or operators of solid waste incinerators.  This standard applies to new stationary sources, that is, incineration units that meet either of the two criteria: 1) sources whose construction begins after the NSPS is proposed, which is November 30, 1999; or 2) sources that are reconstructed or modified on or after June 1, 2001.  The standards apply to the owner or operator of a combustion device that combusts commercial and industrial waste.  Commercial and industrial waste is a solid waste combusted in an enclosed device using controlled flame combustion without energy recovery, which is a distinct operating unit of any commercial or industrial facility, including field-erected, modular, and custom-built incineration units operating with starved or excess air, or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.

	The annual performance testing will ensure on an ongoing basis that the air pollution control device is operating properly and its performance has not deteriorated.  To minimize the burden of the annual performance testing, the rule only requires that the owner or operator test for particulate matter (PM), hydrogen chloride (HCl), and opacity.  Annual performance testing is not required for dioxins/furans, cadmium (Cd), carbon monoxide (CO), lead (Pb), mercury (Hg), nitrogen oxides (NO  ADVANCE \d 3 x  ADVANCE \u 3 ), and sulfur dioxide (SO  ADVANCE \d 3 2  ADVANCE \u 3 ).  This significantly reduces the testing costs while still providing the EPA with sufficient data to adequately assess compliance.  In addition, the rule allows the owner or operator to skip two annual tests for a pollutant if all performance tests over the previous three years show compliance with the emission limit.  During the initial performance test (for PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO, NO  ADVANCE \d 3 x  ADVANCE \u 3  and SO  ADVANCE \d 3 2  ADVANCE \u 3 ), the owner or operator must establish maximum or minimum values for each operating parameter.  Thereafter, the owner or operator must conduct annual performance tests for PM, HCl, and opacity, and continuously monitor the operating parameters.

	Owners or operators subject to the provisions of the subpart must perform the following activities: conduct performance tests, monitor operating parameters, prepare siting analysis, prepare waste management plan, operator training and qualifications, one-time and periodic reports, and the maintenance of records.  Reports are submitted semiannually and annually.  These activities will enable EPA to determine initial compliance with emission standards for the regulated pollutants, monitor compliance with operating parameters, and ensure that facilities conduct the proper planning and operator training.  Owners or operators of CISWI units are required to keep records of certain parameters and information for a period of five years.

	The standards include annual operator training requirements for incinerator unit operators (rule requires at least one qualified operator or supervisor per facility).  The annual training requirements include annual refresher training to maintain operator qualification and an annual review of site-specific documentation.  The way in which an incinerator is operated has a significant impact on the emissions from that incinerator.  The annual operator training is essential to ensure that the incinerator is being operated properly.  The rule contains flexibility in the operator training by allowing the use of state-approved training and qualification programs.

	Records and reports required by the NSPS for commercial and industrial solid waste incineration units are necessary to enable EPA to identify sources subject to the standards and to ensure that the standards are being achieved.  Records and reports must be maintained at the facility and/or submitted to EPA.  All reports are sent to the delegated state, local, or tribal agency.  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.

	The information collection requirements for the NSPS for Commercial and Industrial Solid Waste Incineration Units are summarized in Section 4(b).

	Approximately 30 sources are currently subject to the regulation including one new unit per year for the next three years, a total of 31 respondents.  The Agency revised its previous estimate and concluded that there will not be six new facilities per year as the previous ICR indicated.  All respondents are owned by either business or other for profit entities.  The estimated labor cost of this ICR is $1,021,350.  The cost decrease is due to the revised assumption regarding the number of sources.

	In addition to revising the previous estimate of the number of sources, the Agency has revised the affected public categories.  The Agency has concluded that, contrary to the previous ICR’s assessment that the regulated sources are owned by either “Business or Other For-Profit”, “Federal Government”, or the “State; Local; Tribal Government” category, all sources are “Business or Other For-Profit”-owned.

	The Office of Management and Budget (OMB) approved the current Information Collection Request (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 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

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

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

	In the Administrator's judgment, emissions from commercial and industrial solid waste incinerators cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart CCCC.

	2(b)  Practical Utility/Users of the Data

The information generated by monitoring, recordkeeping, and reporting requirements described in this ICR is used by EPA to assure compliance with the regulations which were promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standards.  Continuous emission monitors are used to ensure compliance with the emission standards at all times.  During the performance test, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance, if the continuous emission monitoring systems are not required.  Performance test reports are needed as these are the Agency's records of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved.  The Agency/delegated authority may also observe the performance test.

The notifications required by the regulation are used to inform the Agency or delegated authority when a source becomes subject to the requirements and regulations.  The reviewing authority may then inspect the source to check if the pollution devices are properly installed and operated and if the facility complies with the regulatory standards.

The control of emissions of PM, HCl, or opacity from commercial and industrial solid waste incineration units requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment.  Emissions of pollutants from commercial and industrial solid waste incineration are the result of operation of the affected facilities.  The subject standards are achieved by the reduction of pollutant emissions using control technology and leak detection and repair procedures.

	The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.  The information generated by the monitoring, recordkeeping and reporting requirement described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment in compliance with the regulation.

3.  Nonduplication, Consultations, and Other Collection Criteria

	The requested recordkeeping and reporting are required under 40 CFR part 60,

subpart CCCC.

	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 on June 21, 2006 (71 FR 35652).  No comments were received on the burden published in the Federal Register.

	3(c)  Consultations

	It is our policy to review any comments received since the last ICR renewal including those submitted in response to the first Federal Register notice and respond appropriately.  We received no comments for this ICR.

The primary source of information was the industry and EPA data including an assessment by the Office of Air and Radiation.  Information provided by the industry is retained in the EPA’s AFS (AIRS Facility Subsystem) database which is operated and maintained by EPA’s Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of all compliance data.  Approximately 30 respondents are currently subject to the regulation, including one new respondent in each of the next three years.

It should be noted that the industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard when it was proposed and the standard was previously reviewed to determine the minimum information needed for compliance purposes.  No major problems regarding the rule monitoring, recordkeeping, or reporting were identified during the public comment period.

	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 were collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.  If the relevant information were collected at less frequent intervals, the EPA would not be reasonably assured that an affected facility owner or operator is in compliance with the standards.

	3(e)  General Guidelines

	None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

	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.

	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 (CBI) (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 these reporting or recordkeeping requirements violate any of the regulations established by OMB at 4 CFR part 1320, section 1320.5.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC and NAICS Codes

	The respondents to the recordkeeping and reporting requirements are commercial and industrial solid waste incineration (CISWI) units.  The United States Standard Industrial Classification (SIC) codes which correspond to the North American Industry Classification System (NAICS) codes can be found in the following table.

Standard	SIC Codes	NAICS Codes

Commercial and Industrial Solid Waste Incineration Units (40 CFR, part 60, subpart CCCC)

Manufacturers of chemicals and allied products	28	325

Manufacturers of electronic equipment	34	325

Manufacturers of wholesale trade, durable goods	36	421

Manufacturers of lumber and wood furniture	24	321

Manufacturers of wholesale trade, durable goods	25	337

	4(b)  Information Requested

	None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

		(i)  Data Items

	All data in this ICR that is recorded and/or reported is required by New Source Performance Standards (NSPS) for Commercial and Industrial Solid Waste Incineration (CISWI) Units (40 CFR part 60, subpart CCCC).

	A source must make the following reports:

Notification Reports

Notification of preconstruction (prior to commencing construction) including anticipated date of initial startup	60.2190

Notification of actual startup	60.2195

Notification of initial performance test	60.2200

Annual report 	60.2205 and 60.2210

Emission limitation or operating limit deviation report	60.2215 and 60.2220

Qualified operator deviation notification	60.2225(a)(1)

Qualified operator deviation status report	60.2225(a)(2)

Qualified operator deviation notification of resumed operation 60.2225(b)

Status report for operator offsite for more than 2 weeks	60.2225(a)(2)

	A source must keep the following records:

Recordkeeping

Records of initial performance tests, annual performance tests, and any subsequent performance tests.	60.2175(f)

Maintain records of days for which data on operating parameters have not been obtained, including operating parameters not measured, reasons for not measuring, and a description of corrective actions taken.	60.2175(c)

Maintain records of occurrence and duration of malfunction and the corrective action taken.	60.2175(d)

Maintain records of days when deviation from operating limits have occurred, and description of corrective actions taken.	60.2175(e)

Maintain records of all documentation produced for the siting analysis. 60.2175(g)

Maintain records of names of persons who have completed review of site-specific information and incinerator operating procedures. 60.2175(h) and 60.2095(a)

Maintain records of names of persons who have completed the operator training requirements.	60.2175(i)

Maintain records of names of phone and/or pager numbers of persons who have met the operator qualification criteria.	60.2175(j)

Maintain records or calibration of monitoring devices.	60.2175(k)

Maintain records of equipment vendor specifications for the incinerator, emission controls, and monitoring equipment.	60.2175(l)

Maintain records of daily log of quantity and types of wastes burned. 60.2175(n)

Records should be retained for five years.	60.2175

Electronic Reporting

	Currently, sources are using monitoring equipment that provides parameter data in an automated way, e.g., leaks and spills of mercury.  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.  In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden.  However, electronic reporting systems are still not widely used by the regulatory agencies.  It is estimated that approximately 10% of the respondents use electronic reporting.

		(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate control devices for PM, HCl, and opacity.

Perform initial performance test, Reference Method 1, 3A or 3B 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 the existing ways to comply with previously applicable instructions and requirements.

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

Transmit or otherwise disclose the information.

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

	5(a)  Agency Activities

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

Agency Activities

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 AIRS Facility Subsystem (AFS).

	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 operated.  Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard, and to 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.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

	Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for more than 125,000 industrial and government-owned facilities.  EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters.  EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

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

	5(c)  Small Entity Flexibility

	A majority of the affected facilities are large entities (e.g., large businesses).  The proposed NSPS and Emission Guidelines were intended to cover CISWI units burning industrial solid waste, not combustors burning municipal solid waste.  However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.  The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities.  To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within this request is shown in Table 1: Annual Industry Burden for NSPS for Commercial and Industrial Solid Waste Incineration Units (CSWI) (40 CFR part 60, subpart CCCC).

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 11,245.9 (Total Labor Hours from Table 1) per year.  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

	6(b)  Estimating Respondent Costs

		(i)  Estimating Labor Costs

	This ICR uses the following labor rates:

Managerial	$100.99 ($48.09 + 110%)

Technical	$87.97   ($41.89 + 110%)

Clerical	$43.81   ($20.86 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 2005, Table 2. Civilian Workers, by occupational and industry group.  The rates are from column 1, Total compensation.  The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

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

	The types of industry cost associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring.  The capital/startup cost is a one-time cost when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitor(s) and other costs such as photocopying and postage.

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

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

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents 	(D)

Total Capital/Startup Cost

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M

(E X F)

Wet Scrubber	$2,240	1	$2,240	$211	30	$6,330

	The total capital/startup costs for this ICR are $2,240.  This is the total of column D in the above table.  The total operation and maintenance (O&M) costs for this ICR are $6,330.  This is the total of column G.  The total respondent 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 cost to industry over the next three years of the ICR is estimated to be $8,570.

	6(c)  Estimating Agency Burden and Cost

	The only costs to the Agency are those costs associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $9,521.2.

This cost is based on the average hourly labor rate as follows:

	Managerial	$57.20  (GS-13, Step 5, $35.75 x 1.6)

	Technical	$42.45  (GS-12, Step 1, $26.53 x 1.6)

	Clerical	$22.96  (GS-6, Step 3, $14.35 x 1.6)

These rates are from the Office of Personnel Management (OPM) (2006 General Schedule( which excludes locality rates of pay.

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

	There are approximately 30 respondents that are currently subject to the regulation.  Each respondent has one affected facility.  Based on our consultations the number of respondents will be identical in three years because the Agency overestimated the number of existing respondents in the previous ICR as well as the number of new respondents.  After one year, new respondents become existing respondents.

Respondent Universe and Number of Responses Per Year

Regulation Citation by Section	(A)

Average Number of New Respondents per Year	(B)

Number of Reports for New Sources	(C)

Number of Existing Respondents

Reporting	(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

Preconstruction Report 	1	1	N/A	N/A	0	1

Startup Notification	1	1	N/A	N/A	0	1

Annual Report	N/A	N/A	30	1	0	30

Deviation Report	N/A	N/A	3	2	0	6

Qualified Operator Deviation Notification	N/A	N/A	3	1	0	1

Qualified Operator Report	N/A	N/A	3	2	0	6

	Total	45

	The number of total respondents is 31.  This number is the sum of column A and Column C 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 45.  This is the number in column E of the Respondent Universe and Number of Responses Per Year table above.

	The Total Hours Requested is 11,245.9.  The total annual labor costs are $1,021,350.  Details regarding these estimates may be found in Table 1. Annual Respondent Burden and Cost, NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC).

	Note that the total annual capital and O&M costs to the regulated entity are $8,570.  These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

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

	The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively.

(i)  Respondents Tally

The annual burden for this collection of information is approximately 250 hours per response.  The Total Hour burden is 11,245.9 and the total annual labor costs are $1,809,328.1.

		(ii)  The Agency Tally

	The average annual Agency cost during the three years of the ICR is estimated to be $9,521.2.

	6(f)  Reasons for Change in Burden

	There is a decrease of cost from the most recently approved ICR due to the revised number of sources.  There is an overall reduction in burden because the estimated growth rate for the industry was reduced from six to one per year.  For the same reason, the capital/startup costs are lower.

	6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection of information are estimated to average 249 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9.

	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-2006-0442.  An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the 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 in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the docket center is<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2006-0442 and OMB Control Number 2060-0450 in any correspondence.

Part B of the Supporting Statement

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

Table 1:  Annual Industry Burden - NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC)

Burden Item	(A)

Respondent Hours per Occurrence (Technical hours)	Emission Testing Contractor Hours Per Occurrence	Non-Labor Costs Per Occurrence	(B)

Number of Occurrences Per Respondent Per Year	(C)

Hours Per Respondent Per Year

(C=A x B)	(D)

Number of Respondents Per Year a	(E)

Technical Hours Per Year @$87.97

(CXD) b	(F)

Management Hours Per Year @$100.99

(E x 0.05) b	(G)

Clerical Hours Per Year @$43.81

(E x 0.1) b	(H)

Emission Testing Contractor Hours Per Year @ $100 b	Total Labor Costs

Per Year b	Total Non-Labor Costs Per Year

1.	APPLICATIONS	N/A

	2.	SURVEY AND STUDIES 	N/A

	3.	REPORTING REQUIREMENTS

New Sources

	A.	Read Instructions c,d	16 	0 	$0 	1 	16 	1 	16 	0.8 	1.6	0 	$1,558.4 $0

	B.	Required Activities

1)  Initial requirements c

	    a)  Initial stack test and report (PM, dioxins/ furans, opacity, HCI, Pb, Hg, SO2)	24	750	$0	1	24	1	24	1.2	2.4	750	$77,337.6	$0

    b)  Establish and teach operator qualification course c	64	0	$0	1	64 1	64	3.2	6.4	0	$6,233.6	$0

    c)  Obtain  operator qualification 	72	0	$0	1	72	1	72	3.6	7.2	0 $7,012.8	$0

    d)  Establish operating parameters (maximum and minimum)	160 Included in 3B	$0	1	160	1	160	8	16	0	$15,584.1	$0

    e)  Continuous parameter monitoring (including by-pass stack) initial costs d, e	9	0	$2,240 f	1	9	1	9	0.45	0.9	0	$876.6	$2,240

    f)  Initial review of site-specific information	Included in 3B

	2)  Periodic requirements g

    a)  Annual stack test and test report (PM, HCl, and Opacity) 	12	125 $0	1	12	30	360	18	36	3,750	$410,064.2	$0

    b)  Annual refresher operator training course	12	0	$0	1	12	30	360	18 36	0	$35,064.2	$0

    c)  Annual review of site-specific information	8	0	$0	1	8	30	240	12 24	0	$23,376.1	$0

    d)  Continuous parameter monitoring (including by-pass stack) annual costs f	83	0	$211	1	83	30	2,490	124.5	249	0	$242,527.2	$6,330

	C. 	Create Information	Included in 3B

D.	Gather Information	Included in 3E

E.	Report Preparation

1)  Report prior to construction (includes siting analysis) 	160 	0 	$0  1 	160 	1 	160 	8 	16 	0 	$15,584.1	$0

2)  Report prior to initial start-up c,i

    a)  Without site specific parameter petition	6	0	$0	1	6	1	6	0.3	0.6 0	$584.4	$0

    b)  With site specific parameter petition	14	0	$0	1	14	0	0	0	0	0	$0 $0

	   	3)  Report of initial performance test	Included in 3B

 	   	4)  Siting analysis for new units only (establishes values for site-specific  operating parameters).c	8	0	$0	1	8	1	8	0.4	0.8	0 	$779.2 $0

	       	5)  Waste management plan c	160	0	$0	1	160	1	160	8	16	0 $15,584.1	$0

	 	6)  Annual Report:

    a)  Site specific operating parameters	8	0	$0	1	8	30	240	12	24	0 $23,376.1	$0

    b)  Emissions/parameter exceedances and malfunctions k	Included in 3E	0	$0	1	0	3	0	0	0	0	$0	$0

    c)  Results of stack tests conducted during the year	Included in 3B

	    d)  Statement of no exceedances k	8	0	$0	1	8	27	216	10.8	21.6	0 $21,038.51	$0

    e)  Documentation of use of by-pass stack	Included in 6B

	    f) Documentation for periods when all qualified operators were unavailable for more than 8 hours	8	0	$0	1	8	30	240	12	24	0	$23,376.1	$0

7)  Status report for operators that are off-site for more than 2 weeks j	8	0	$0	1	8	3	24	1.2	2.4	0	$2,337.6	$0

8)  Corrective action summary for operators that are off-site for more than 2 weeks j	8	0	$0	2	16	3	48	2.4	4.8	0	$4,675.2	$0

9)  Semiannual report of emissions/parameter exceedances k	12	0	$0	2	24 3	72	3.6	7.2	0	$7,011.65	$0

4.  Recordkeeping Requirements

A.	Read Instructions	Included in 3A

B.	Plan Activities	Included in 3B

C.	Implement Activities	Included in 3B

D.	Develop Record System	Not applicable

E.	Record Information

	    	1)  Records of operating parameters	Included in 3B 	0	$0	52	0	30	0 0	0	0	$0 	$0

	 	2)  Records of periods for which minimum amount of data on operating parameters were not obtained	0.5	0	$0	52	26	3	78	3.9	7.8	0	$7,597.24 	$0

	  	3)  Records of malfunction of the unit	1.5	0	$0	1	1.5	3	4.5	0.225 0.45	0	$438.3	$0

	 	4)  Records of exceedances of the operating parameters	1.5	0	$0	1	1.5 3	4.5	0.225	0.45	0	$438.3	$0

	 	5)  Records of stack tests	Included in 3E

 	6)  Records of siting analysis	Included in 3E

 	7)  Records of persons who have reviewed operating procedures	1	0	$0	1 1	30	30	1.5	3	0 	$2922	$0

	 	8)  Records of persons who have completed operator training	1	0	$0	1 1	30	30	1.5	3	0 	$2922	$0

	 	9)  Records of persons who meet operator qualification criteria	1	0 $0	1	1	30	30	1.5	3	0 	$2922	$0

	 	10)  Records of monitoring device calibration	Included in 3B

11) Records of site-specific documentation	24	0	$0	1	24 	30	720	36	72	0  $70,128.4	$0

	F.	Personnel Training	Included in 3B

G.	Time for Audits	Not applicable

	TOTAL:

5,866	293.3	586.6	4,500	$1,021,350	$8,570

	Total Hours	Labor	Non-Labor	Total Labor and No-Labor

	Summary of Respondent Burden	11,245.9	$1,021,350	$8,570	$1,029,920

	Annualized Capital and Startup	 	 	$2,240	$2,240

	O & M Summary

	$6,330	$6,330

ASSUMPTIONS:

a.  Assume 700 hours per stack test

b   Assume that all tasks are to be performed by managerial, technical and clerical personnel.  This ICR uses the following labor rates: $100.99 for Managerial labor, $87.97 for Technical labor and $43.81 for Clerical labor.  These rates are from the United States Department of Labor Bureau of Labor Statistics, September 2005, “Table 2 Civilian Workers, by occupational and industry group.”  The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.  We also included contractors at $100/hr.  The labor rate was also taken from the above occupational and industry group under Blue-Collar occupation that covers Machine operators, and took the rates from column 1, “Total compensation.”

c.  This activity is based on a one-time cost only.

d   Cost incurred by a facility regardless of the number of affected units at the plant.

e.  Based on the “Revised Testing and Monitoring Options and Costs for medical Waste Incinerators (MWIs) - Methodology and Assumptions (A-91-61,IV-B-66), was assumed that ($300 will be for planning + $500 for selection)/$89.94 per hour = 9 hours.

f.  Total capital cost of parameter monitoring for wet scrubbers minus costs for planning and selecting equipment ($300 + $500) equals: $18,786 - $800 = $17,986.  Based on 0.11746 capital recovery factor, 10% interest rate and 20 year lifetime of the units = $2,113 with a 1.06 cost adjustment = $2,240.

g.  Annual costs are not incurred until the second year that the units are in operation.

h.  Based on memorandum titled "Revised Testing and Monitoring Options and Costs for Medical Waste Incinerators (MWI's) - Methodology and Assumptions [A-91-61, IV-B-66].  83 hours for reporting.  Operation and maintenance costs - $1,693 * 0.11746 = $199.   $199 * 1.06 cost adjustment= $211.

i   Assumed that one-third of the facilities will petition for site-specific parameters (6 x 33% = 2).

j  Assumed that 10 percent of the facilities would not have a qualified operator available for more than two weeks at least once a year.  Assumed that this required only two corrective action summaries.

k  Assumed that 10 percent of the facilities would have an exceedance during the year.

TABLE 2: Annual EPA Burden - NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC)

BURDEN ITEMS	(A)

Hours Per Occurrences	(B)

Number of Occurrence Per Year	(C)

Tech Hours Per Year

@ $42.45

(C=AxB) a	(D)

Management Hours Per Year

@ $57.20

(D=Cx0.05) a	(E)

Clerical Hours Per Year

@ $22.96

(E=Cx0.1)a	(F)

Cost Per

Year (b)e

1.	Applications	N/A

	2.	Read and Understand Rule Requirements a&c	16	0	0	0	0	$0

3.	Required Activities

	A.	Observe initial stack tests b&c

(PM, dioxins/furans, opacity, HCl, Cd, Pb, Hg, CO, NOx, and SO2)	48	0	0 0	0	$0

	B.	Create Information	N/A

C.	Gather Information	N/A

D.	Report Reviews

1)  Review control plan c	8	0	0	0	0	$0

2)  Review notification of final compliance c	8	0	0	0	0	$0

3)  Review waste management plan c	8 	0 	0	0	0	$0

4)  Review initial stack test report c	40	0	0	0	0	$0

5)  Review annual compliance report	8	0 	0	0	0	$0

6)  Review semi-annual excess emission and parameter exceedance report 16	0 	0	0	0	$0

7)  Review status reports and  corrective action summary for operators off-site	4 	0	0	0	0	$0

	E.	Prepare annual summary report d	4	50	200	10	20	$9,521.2

	TOTAL

200 f	10 f	20 f	$9,521.2

Assumptions:

a.  Costs are based on the following rates obtained from the Office of Personnel Management (OPM) “2006 General Schedule” which excludes locality rates of pay:  1) Managerial at $57.20, 2) Technical at $42.45, and 3) Clerical at $22.96 per hour.  These rates are increased by 1.6 benefits multiplication factor to account for government overhead expenses.

b.  Time required to observe initial stack tests (hours per plant):  48

c.  This is a one-time only cost.

d.  Assume that each state will prepare an annual summary of progress for implementing the state plan.  One occurrence per year x 50 states = 50 occurrences.

e.  Total costs per year may not correspond with the end total, this is due to the number being rounded.  Total cost per year:  $8,858.

f.  Total number of EPA hours per year:  230

  The capital/startup cost and O&M could be found in Table 1 under column “Non-labor costs per occurrence” and “Total non-labor costs per year”.

 PAGE   2

 PAGE   19


[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Notices]
[Page 6640]
[FR Doc No: 2021-01346]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3063-021]

Blackstone Hydro Associates; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a subsequent license for the Central Falls
Hydroelectric Project No. 3063 (Project No. 3063), located on the
Blackstone River in Providence County, Rhode Island, and has prepared
an Environmental Assessment (EA) for the project.
    The EA contains staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (http://www.ferc.gov) using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659.
    You may also register online at https://ferconline.ferc.gov/eSubscription.aspx to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support. In lieu of
electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include docket number P-3063-021.
    For further information, contact John Baummer at<PHONE_NUMBER>, or
at<EMAIL_ADDRESS>
    Dated: January 14, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-01346 Filed 1-21-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47330-47334]
[FR Doc No: 2013-18789]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1337]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR Part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has ninety (90)
days in which to request through the community that the Deputy
Associate Administrator for Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or

pursuant to policies established by other Federal, State, or regional
entities. The flood hazard determinations are in accordance with 44 CFR
65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Chief executive                       Online location of
       State and county         Location and case      officer of       Community map        Letter of Map           Effective date of        Community
                                       No.             community          repository           Revision                modification              No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Cochise...................  Unincorporated     The Honorable Ann  Cochise County     http://www.r9map.org/ September 9, 2013...........       040012
                                 areas of Cochise   English Chair,     Flood Control      Docs/13-09-0282P-
                                 County (13-09-     Cochise County     District, 1415     040012-102D.pdf.
                                 0282P).            Board of           Melody Lane,
                                                    Supervisors,       Building F,
                                                    1415 Melody        Bisbee, AZ 85603.
                                                    Lane, Building
                                                    G, Bisbee, AZ
                                                    85603.
    Maricopa..................  City of Chandler   The Honorable Jay  Public Works       http://www.r9map.org/ September 20, 2013..........       040040
                                 (13-09-0386P).     Tibshraeny,        Department, 215    Docs/13-09-0386P-
                                                    Mayor, City of     East Buffalo       040040-102IAC.pdf.
                                                    Chandler, P.O.     Street,
                                                    Box 4008,          Chandler, AZ
                                                    Chandler, AZ       85224.
                                                    85224.
    Maricopa..................  City of Peoria     The Honorable Bob  City Hall, 8401    http://www.r9map.org/ August 30, 2013.............       040050
                                 (13-09-0048P).     Barrett, Mayor,    West Monroe        Docs/13-09-0048P-
                                                    City of Peoria,    Street, Peoria,    040050-102IAC.pdf.
                                                    8401 West Monroe   AZ 85345.
                                                    Street, Peoria,
                                                    AZ 85345.
California:
    Contra Costa..............  City of Pleasant   The Honorable      Public Works       http://www.r9map.org/ August 5, 2013..............       060034
                                 Hill (13-09-       Michael G.         Department, 100    Docs/13-09-0336P-
                                 0336P).            Harris, Mayor,     Gregory Lane,      060034-102DA.pdf.
                                                    City of Pleasant   Pleasant Hill,
                                                    Hill, 100          CA 94523.
                                                    Gregory Lane,
                                                    Pleasant Hill,
                                                    CA 94523.
    Merced....................  City of Merced     The Honorable      City Hall, 678     http://www.r9map.org/ September 6, 2013...........       060191
                                 (13-09-1225P).     Stanley P.         West 18th          Docs/13-09-1225P-
                                                    Thurston, Mayor,   Street, Merced,    060191-102DA.pdf.
                                                    City of Merced,    CA 95340.
                                                    678 West 18th
                                                    Street, Merced,
                                                    CA 95340.
    Riverside.................  City of Canyon     The Honorable      City Hall, 31516   http://www.r9map.org/ August 30, 2013.............       060753
                                 Lake (13-09-       Mary Craton,       Railroad Canyon    Docs/13-09-0376P-
                                 0376P).            Mayor, City of     Road, Canyon       060753-102IAC.pdf.
                                                    Canyon Lake,       Lake, CA 92587.
                                                    31516 Railroad
                                                    Canyon Road,
                                                    Canyon Lake, CA
                                                    92587.
    Riverside.................  City of Menifee    The Honorable      Planning           http://www.r9map.org/ August 30, 2013.............       060176
                                 (13-09-0376P).     Scott Mann,        Department,        Docs/13-09-0376P-
                                                    Mayor, City of     29714 Haun Road,   060176-102IAC.pdf.
                                                    Menifee, 29714     Menifee, CA
                                                    Haun Road,         92586.
                                                    Menifee, CA
                                                    92586.
    Riverside.................  City of Riverside  The Honorable      Planning and       http://www.r9map.org/ September 3, 2013...........       060260
                                 (12-09-2546P).     Rusty Bailey,      Building           Docs/12-09-2546P-
                                                    Mayor, City of     Department 3900    060260-102IAC.pdf.
                                                    Riverside, 3900    Main Street
                                                    Main Street,       Riverside, CA
                                                    Riverside, CA      92501.
                                                    92501.
    San Diego.................  City of San        The Honorable Jim  City Hall, 1       http://www.r9map.org/ September 6, 2013...........       060296
                                 Marcos (13-09-     Desmond, Mayor,    Civic Center       Docs/13-09-1397P-
                                 1397P).            City of San        Drive, San         060296-102DA.pdf.
                                                    Marcos, 1 Civic    Marcos, CA 92069.
                                                    Center Drive,
                                                    San Marcos, CA
                                                    92069.

    San Mateo.................  City of South San  The Honorable      City Hall, 400     http://www.r9map.org/ September 9, 2013...........       065062
                                 Francisco (13-09-  Pedro Gonzalez,    Grand Avenue,      Docs/13-09-1038P-
                                 1038P).            Mayor, City of     South San          065062-102IAC.pdf.
                                                    South San          Francisco, CA
                                                    Francisco, P.O.    94080.
                                                    Box 711, South
                                                    San Francisco,
                                                    CA 94083.
California: Santa Barbara.....  Unincorporated     The Honorable      Santa Barbara      http://www.r9map.org/ September 20, 2013..........       060331
                                 areas of Santa     Salud Carbajal,    County Public      Docs/13-09-1226P-
                                 Barbara County     Chairman, Santa    Works Public       060331-102IAC.pdf.
                                 (13-09-1226P).     Barbara County     Department,
                                                    Board of           Water Resources
                                                    Supervisors, 105   Division, 123
                                                    East Anapamu       East Anapamu
                                                    Street, Santa      Street, Santa
                                                    Barbara, CA        Barbara, CA
                                                    93101.             93101.
    Ventura...................  City of Simi       The Honorable Bob  City Hall, 2929    http://www.r9map.org/ September 19, 2013..........       060421
                                 Valley (13-09-     Huber, Mayor,      Tapo Canyon        Docs/13-09-1766P-
                                 1766P).            City of Simi       Road, Simi         060421-102IAC.pdf.
                                                    Valley, 2929       Valley, CA 93063.
                                                    Tapo Canyon
                                                    Road, Simi
                                                    Valley, CA 93063.
Colorado:
    Arapahoe..................  City of            The Honorable      Southeast Metro    http://               August 30, 2013.............       080315
                                 Centennial (13-    Cathy Noon,        Stormwater         www.bakeraecom.com/
                                 08-0083P).         Mayor, City of     Authority, 76      index.php/colorado/
                                                    Centennial,        Inverness Drive    arapahoe/.
                                                    13133 East         East, Suite A,
                                                    Arapahoe Road,     Centennial, CO
                                                    Centennial, CO     80112.
                                                    80112.
    Jefferson.................  Unincorporated     The Honorable      Jefferson County   http://               September 6, 2013...........       080087
                                 areas of           Donald Rosier,     Department of      www.bakeraecom.com/
                                 Jefferson County   Chairman,          Planning and       index.php/colorado/
                                 (13-08-0231P).     Jefferson County   Zoning, 100        jefferson-5/.
                                                    Board of           Jefferson County
                                                    Commissioners,     Parkway, Golden,
                                                    100 Jefferson      CO 80419.
                                                    County Parkway,
                                                    Golden, CO 80419.
    Routt.....................  City of Steamboat  Ms. Deb Hinsvark,  City Hall, 124     http://               August 26, 2013.............       080159
                                 Springs (13-08-    Manager, City of   10th Street,       www.bakeraecom.com/
                                 0177P).            Steamboat          Steamboat          index.php/colorado/
                                                    Springs, P.O.      Springs, CO        routt/.
                                                    Box 775088,        80477.
                                                    Steamboat
                                                    Springs, CO
                                                    80477.
Florida:
    Collier...................  City of Naples     The Honorable      Building           http://               August 30, 2013.............       125130
                                 (13-04-2098P).     John F. Sorey,     Department, 295    www.bakeraecom.com/
                                                    III, Mayor, City   Riverside          index.php/florida/
                                                    of Naples, 735     Circle, Naples,    collier/.
                                                    8th Street,        FL 34102.
                                                    South Naples, FL
                                                    34102.
    Sumter....................  Unincorporated     The Honorable      Sumter County      http://               September 20, 2013..........       120296
                                 areas of Sumter    Doug Gilpin,       Planning           www.bakeraecom.com/
                                 County (13-04-     Chairman, Sumter   Department, 7375   index.php/florida/
                                 1285P).            County Board of    Powell Road,       sumter-2/.
                                                    Commissioners,     Wildwood, FL
                                                    7375 Powell        34785.
                                                    Road, Wildwood,
                                                    FL 34785.
    Duval.....................  City of            The Honorable      Development        http://               September 6, 2013...........       120077
                                 Jacksonville (13-  Alvin Brown,       Services           www.bakeraecom.com/
                                 04-0158P).         Mayor, City of     Division, 117      index.php/florida/
                                                    Jacksonville,      West Duval         duval/.
                                                    117 West Duval     Street,
                                                    Street,            Jacksonville, FL
                                                    Jacksonville, FL   32202.
                                                    32202.

    Duval.....................  City of            The Honorable      Development        http://               August 30, 2013.............       120077
                                 Jacksonville (13-  Alvin Brown,       Services           www.bakeraecom.com/
                                 04-3128P).         Mayor, City of     Division, 117      index.php/florida/
                                                    Jacksonville,      West Duval         duval/.
                                                    117 West Duval     Street,
                                                    Street,            Jacksonville, FL
                                                    Jacksonville, FL   32202.
                                                    32202.
Georgia:
    Dougherty.................  City of Albany     The Honorable      City Hall, 222     http://               September 6, 2013...........       130075
                                 (13-04-1420P).     Dorothy Hubbard,   Pine Avenue,       www.bakeraecom.com/
                                                    Mayor, City of     Albany, GA 31701.  index.php/georgia/
                                                    Albany, 222 Pine                      dougherty/.
                                                    Avenue, Albany,
                                                    GA 31701.
    Glynn.....................  Unincorporated     The Honorable      Glynn County       http://               August 30, 2013.............       130092
                                 areas of Glynn     Mary Hunt,         Building           www.bakeraecom.com/
                                 County (13-04-     Chair, Glynn       Department, 1725   index.php/georgia/
                                 2726P).            County Board of    Reynolds Street,   glynn/.
                                                    Commissioners,     Brunswick, GA
                                                    172 Palmera        31525.
                                                    Lane, Brunswick,
                                                    GA 31525.
Mississippi:
    Union.....................  Town of New        The Honorable Tim  Town Hall, 101     http://               July 22, 2013...............       280174
                                 Albany (13-04-     Kent, Mayor,       West Bankhead      www.bakeraecom.com/
                                 2091P).            Town of New        Street, New        index.php/
                                                    Albany, P.O. Box   Albany, MS 38652.  mississippi/union-3/
                                                    56, New Albany,                       .
                                                    MS 38652.
North Dakota:
    Stark.....................  Unincorporated     The Honorable Ken  Stark County       http://               August 19, 2013.............       385369
                                 areas of Stark     Zander,            Recorder's         www.bakeraecom.com/
                                 County (13-08-     Chairman, Stark    Office, 51 3rd     index.php/north-
                                 0275P).            County Board of    Street East,       dakota/stark/.
                                                    Commissioners,     Dickinson, ND
                                                    P.O. Box 130,      58602.
                                                    Dickinson, ND
                                                    58602.
South Carolina:
    Greenville................  City of            The Honorable      City Council       http://               July 26, 2013...............       450091
                                 Greenville (13-    Knox White,        Office, 206        www.bakeraecom.com/
                                 04-1043P).         Mayor, City of     South Main         index.php/
                                                    Greenville, P.O.   Street,            southcarolina/
                                                    Box 2207,          Greenville, SC     greenville/.
                                                    Greenville, SC     29601.
                                                    29602.
    Berkeley..................  Town of Moncks     The Honorable      Town Hall, 118     http://               September 19, 2013..........       450031
                                 Corner (13-04-     William W.         Carolina Avenue,   www.bakeraecom.com/
                                 1115P).            Peagler, III,      Moncks Corner,     index.php/
                                                    Mayor, Town of     SC 29461.          southcarolina/
                                                    Moncks Corner,                        berkeley/.
                                                    P.O. Box 700,
                                                    Moncks Corner,
                                                    SC 29461.
Tennessee:
    Knox......................  City of Knoxville  The Honorable      Engineering        http://               September 20, 2013..........       475434
                                 (13-04-1221P).     Madeline Rogero,   Division, City     www.bakeraecom.com/
                                                    Mayor, City of     County Building,   index.php/tennessee/
                                                    Knoxville, P.O.    400 Main Street,   knox-2/.
                                                    Box 1631,          Room 480,
                                                    Knoxville, TN      Knoxville, TN
                                                    37902.             37902.
Wyoming:
    Natrona...................  City of Casper     The Honorable      Community          http://               August 30, 2013.............       560037
                                 (13-08-0084P).     Kenyne Schlager,   Development        www.bakeraecom.com/
                                                    Mayor, City of     Department, 200    index.php/wyoming/
                                                    Casper, 200        North David        natrona/.
                                                    North David        Street, Casper,
                                                    Street, Casper,    WY 82601.
                                                    WY 82601.

    Natrona...................  Unincorporated     The Honorable      Natrona County     http://               August 30, 2013.............       560036
                                 areas of Natrona   Bill McDowell,     Planning and       www.bakeraecom.com/
                                 County (13-08-     Chairman,          Zoning             index.php/wyoming/
                                 0084P).            Natrona County     Department, 120    natrona/.
                                                    Board of           West 1st Street,
                                                    Commissioners,     Suite 200,
                                                    200 North          Casper, WY 82601.
                                                    Center, Casper,
                                                    WY 82601.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 12, 2013.
Roy Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-18789 Filed 8-2-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Proposed Rules]
[Pages 78574-78576]
[FR Doc No: 2011-32387]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1322; Directorate Identifier 2011-NM-211-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 767 airplanes. This proposed AD was prompted
by reports of cracks of the underwing longeron fittings in the wing
center section which could result in loss of the primary load path
between the fuselage and the wing box, and consequent catastrophic
damage to the wing box and failure of the wing. This proposed AD would
require repetitive high frequency eddy current (HFEC) inspections of
the underwing longeron fitting for cracking, and related investigative
and corrective actions if necessary. We are proposing this AD to detect
and correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 2,
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P. O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; phone:<PHONE_NUMBER>,
extension 1; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
(425) 917-6577; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2011-1322;
Directorate Identifier 2011-NM-211-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received three reports of cracks of the underwing longeron
fittings in the wing center section. One operator reported finding
cracks in the underwing longeron fittings of the left and right wing
center section. The cracks found were in the same location on both
fittings and appeared to run through the entire thickness of the
forward edge of the fitting at the radius corner of the vertical/
horizontal flange. The lengths of cracks were approximately 0.300 to
0.375 inch long. The airplane had accumulated 37,000 total flight
cycles. Similar cracks were found on a fatigue test airplane at these
locations. Boeing estimates that it would take 25,000 flight cycles for
the cracks to grow from 0.375 inch to 1.8 inches. Another operator
reported finding a crack in the underwing longeron fitting of the left
wing center section during normal maintenance. The crack was
approximately one inch long and started from the radius of the fitting
flange. The airplane had accumulated 16,655 total flight cycles.
    Such cracking, if not detected and corrected, could result in loss
of the primary load path between the fuselage and the wing box, and
consequent catastrophic damage to the wing box and failure of the wing.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-57A0126, dated August
12, 2011. This service information describes procedures for repetitive
HFEC inspections to detect cracking of the underwing longeron fitting,
and related investigative and corrective actions if necessary. The
related investigative action is an HFEC inspection to detect cracking
of the tension bolt hole and the front spar lower chord. The corrective
actions include replacing the underwing longeron fitting, and
contacting The Boeing Company for repair instructions and doing the
repair.
    The compliance times are dependent on the total number of flight
hours and flight cycles accumulated on the airplane. For certain
airplanes, the initial compliance time is within 3,000 flight cycles or
7,000 flight hours

(whichever is first) after the date of the service bulletin. For other
airplanes, the initial compliance time is the later of: (1) Before
16,000 total flight cycles or 35,000 total flight hours (whichever is
first), and (2) within 6,000 flight cycles or 14,000 flight hours
(whichever is first) after the date of the service bulletin.
    The repetitive inspection interval is 12,000 flight cycles or
28,000 flight hours (whichever is first). The first repetitive
inspection for airplanes on which the underwing longeron fitting is
replaced is 16,000 flight cycles or 35,000 flight hours (whichever is
first) after replacement.
    We have also reviewed Boeing Service Bulletin 767-57A0126, Revision
1, dated November 9, 2011 (short form revision), which changes the part
number of a certain washer.

FAA's Determination

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

Proposed AD Requirements

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

Differences Between the Proposed AD and the Service Information

    Boeing Alert Service Bulletin 767-57A0126, dated August 12, 2011,
specifies to contact the manufacturer for instructions on how to repair
certain conditions, but this proposed AD would require repairing those
conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Interim Action

    We consider this proposed AD interim action. The design approval
holder is currently developing a modification that will address the
unsafe condition identified in this AD. Once this modification is
developed, approved, and available, we might consider additional
rulemaking.

Costs of Compliance

    We estimate that this proposed AD affects 417 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive HFEC inspection......  3 work-hours x $85 per             $0  $255 per inspection  $106,335 per
                                   hour = $255 per                        cycle.               inspection cycle.
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary inspections and
replacements that would be required based on the results of the
proposed inspection. We have no way of determining the number of
aircraft that might need these on-condition actions.

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Tension bolt hole and the front      104 work-hours x $85 per     Up to $11,551.........  Up to $20,391.
 spar lower chord HFEC inspection     hour = $8,840.
 and fitting replacement.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for cracking repairs specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

The Boeing Company: Docket No. FAA-2011-1322; Directorate Identifier
2011-NM-211-AD.

(a) Comments Due Date

    We must receive comments by February 2, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes; certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracks of the underwing
longeron fittings in the wing center section. We are issuing this AD
to detect and correct such cracking, which could result in loss of
the primary load path between the fuselage and the wing box, and
consequent catastrophic damage to the wing box and failure of the
wing.

(f) Compliance

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

(g) Inspections, Related Investigative Actions, and Corrective Actions

    Except as provided by paragraphs (h)(2) and (h)(3) of this AD,
at the applicable time specified in paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 767-57A0126, dated August 12, 2011:
Do a high frequency eddy current (HFEC) inspection to detect
cracking of the underwing longeron fitting; and do all applicable
related investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
57A0126, dated August 12, 2011, as revised by Boeing Service
Bulletin 767-57A0126, Revision 1, dated November 9, 2011 (short form
revision), except as provided by paragraph (h)(1) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the inspection of the underwing longeron
fitting thereafter at the applicable time and intervals specified in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
767-57A0126, dated August 12, 2011.

(h) Exceptions to Paragraph (g) of This AD

    (1) If, during accomplishment of the related investigative
action required by this AD, any cracking is found, and Boeing Alert
Service Bulletin 767-57A0126, dated August 12, 2011, specifies to
contact Boeing for repair instructions: Before further flight, do
the repair using a method approved in accordance with the procedures
specified in paragraph (i) of this AD.
    (2) Where Paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 767-57A0126, dated August 12, 2011, specifies a
compliance time ``after the original issue date of this service
bulletin,'' this AD requires compliance within the specified
compliance time ``after the effective date of this AD.''
    (3) The Condition column of Paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 767-57A0126, dated August 12, 2011,
refers to total flight cycles and total flight hours ``as of the
original issue date of this service bulletin.'' However, this AD
applies to the airplanes with the specified total flight cycles or
total flight hours ``as of the effective date of this AD.''

    Note 1: The service bulletin accomplishment instructions might
refer to other procedures. When the words ``refer to'' are used and
the operator has an accepted alternative procedure, the accepted
alternative procedure can be used to comply with the AD. When the
words ``in accordance with'' are included in the instruction, the
procedure in the service bulletin must be used to comply with the
AD.

(i) Alternative Methods of Compliance (AMOCs)

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

(j) Related Information

    (1) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; phone:
(206) 544-5000, extension 1; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 9, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-32387 Filed 12-16-11; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 13, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21868

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Air Pacific Limited 					Date Filed:  July 13, 2005, as
amended

									                       August 24, 2005

Relief requested:  Exemption from 49 U.S.C. § 41301 to engage in
scheduled air transportation of persons, property and mail between Nadi,
Fiji, and Honolulu, Hawaii via Christmas Islands, Kiribati

If renewal, date and citation of last action:  New authority

Applicant representatives:  Evelyn D. Sahr & James G. Ehrig  (202)
289-0500

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved							Action date:  September 13, 2005

Effective dates of exemption authority granted:  September 13, 2005 –
September 13, 2006

Basis for approval (bilateral agreement/reciprocity):  Reciprocity

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

  X    Standard exemption conditions (attached)            X    Foreign
air carrier permit   (Order 81-4-93)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 Air Pacific already holds Department authority to conduct scheduled
combination service between Nadi and the coterminal points Honolulu and
Los Angeles.  See Notice of Action Taken December 22, 2004, in Docket
OST-1997-2828.

05/2004