[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24475-24479]
[FR Doc No: 2017-10286]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6666; Directorate Identifier 2015-NM-124-AD;
Amendment 39-18881; AD 2017-10-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-400 series airplanes. This AD was prompted
by an evaluation by the design approval holder (DAH), which indicates
that the aft fuselage skin is subject to widespread fatigue damage
(WFD), and reports of aft fuselage skin cracking. This AD requires
repetitive inspections to detect cracking of the aft fuselage skin,
inspections to detect missing or loose fasteners and any disbonding or
cracking of bonded doublers, permanent repairs of time-limited repairs,
related investigative and corrective actions if necessary, and skin
panel replacement. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective July 5, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 5,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6666.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6666; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Boeing Model 737-
400 series airplanes. The NPRM published in the Federal Register on May
13, 2016 (81 FR 29809) (``the NPRM''). The NPRM was prompted by an
evaluation by the DAH, which indicates that the aft fuselage skin is
subject to WFD, and reports of aft fuselage skin cracking. The NPRM
proposed to require repetitive inspections to detect cracking of the
aft fuselage skin, inspections to detect missing or loose fasteners and
any disbonding or cracking of bonded doublers, permanent repairs of
time-limited repairs, related investigative and corrective actions if
necessary, and skin panel replacement. We are issuing this AD to
prevent cracking in the aft fuselage skin along the longitudinal edges
of the bonded skin doubler, which could result in possible rapid
decompression and reduced structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Specify Repair Procedures

    Boeing requested that we revise the proposed AD to address repairs
that are

installed on the airplane for reasons other than chem-mill cracking.
Boeing provided suggested language for the AD.
    We do not agree with Boeing's request. Paragraph 3.B.1 in the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1187, Revision 3, dated July 10, 2015 (``SASB 737-53-
1187 R3''), which is the referenced source of service information in
this AD, already addresses the issue raised by Boeing. SASB 737-53-1187
R3 does not make a distinction between repairs installed for chem-mill
cracking and repairs installed for other reasons. Therefore, repairs
that are installed for any reason, provided they meet the service
information criteria, are already addressed. We have not changed this
AD in this regard.

Request To Revise Compliance Time in Paragraph (h)(4) of the Proposed
AD

    Boeing requested that we revise the compliance time in paragraph
(h)(4) of the proposed AD from the time specified in SASB 737-53-1187
R3, to a time approved by the FAA through the alternative method of
compliance (AMOC) process.
    Boeing provided examples of how replacing skin panels at certain
compliance times would require further skin panel replacement before
reaching the airplane limit of validity. Boeing explained that the NPRM
proposed skin panel replacement at 60,000 total flight cycles;
therefore, an FAA approval to adjust the compliance time from total
flight cycles to cycles after skin panel replacement would be required.
    We partially agree with Boeing's request. Airplanes that have had a
skin replacement with a production skin panel, as distinguished from an
improved-design kit skin panel, prior to 53,000 total flight cycles may
be eligible for an adjustment of the inspection threshold. Currently,
such an adjustment of the AD compliance time is not delegated to
Boeing's authorized representatives, and the change must be approved by
the FAA. However, we consider the number of airplanes affected by this
scenario to be quite small. Therefore, we have decided to approve such
changes to the compliance times on a case-by-case basis using the
procedures specified in paragraph (n)(1) of this AD. Although we agree
with the comment, we have not changed this AD in this regard.

Request To Reference Part 6 of the Service Information

    Boeing requested that we revise paragraphs (i)(1)(ii), (i)(2)(ii),
and (j) of the proposed AD by specifying doing part 6 of the service
information. Boeing stated that specifying the service information part
reference would make the language consistent with paragraph (g) of the
proposed AD, which specifies the service information part reference.
    We agree with Boeing's request. These changes will increase the
paragraphs' clarity. We have revised paragraphs (i)(1)(ii), (i)(2)(ii),
and (j) of this AD accordingly.

Request To Revise Paragraph (l) of the Proposed AD

    Boeing requested that we revise the provision of paragraph (l) of
the proposed AD, which would provide for terminating action if the skin
panel was replaced with a production skin panel. Boeing indicated that
terminating action should also apply to airplanes with the skin panel
replacement kit (S-20 to S-25 (left and right)) specified in Boeing
Service Bulletin 737-53-1187. Boeing stated that the skin panel
replacement using the kit specified in Boeing Service Bulletin 737-53-
1187 does not have the lower flight cycle limit restriction of the
production panel replacement. Boeing explained that once the kit skin
panel is replaced, the inspections specified in SASB 737-53-1187 R3,
are terminated.
    We agree with Boeing's request. The kit skin panels are an improved
design compared with the original production skin panels, have
different inspection requirements, and provide terminating action. We
have revised paragraph (l) of this AD accordingly.

Request To Remove Flight Cycle Restriction in Paragraphs (m)(2),
(m)(3), and (n)(5) of the Proposed AD

    Boeing requested that we revise paragraphs (m)(2), (m)(3), and
(n)(5) of the proposed AD by removing the flight-cycle restriction for
credit for the skin panel replacement. Boeing explained that the only
skin panel replacement specified in the service information referenced
in paragraphs (m)(2) and (m)(3) of the proposed AD is the skin panel
replacement kit, which can be accomplished at any time.
    Boeing stated that it assumed that only the kit skin panel
replacements, and not the original production skin panels, are approved
as AMOCs for AD 2009-21-01, Amendment 39-16038 (74 FR 52395, October
13, 2009) (``AD 2009-21-01''). Boeing asserted that, therefore,
paragraph (n)(5) of the proposed AD should approve previous
modifications done as optional terminating action for AD 2009-21-01 as
AMOCs for the modification required by paragraph (l) of this AD without
the flight-cycle restriction.
    We partially agree with Boeing's request. The kit skin panels are
an improved design compared with the original production skin panels
and have different inspection requirements. We have revised paragraphs
(m)(2) and (m)(3) of this AD by removing the flight-cycle restriction.
    However, in order to address airplanes that have had production
skin panels replaced through AMOCs for AD 2009-21-01, paragraph (n)(5)
of this AD retains the flight-cycle restriction.
    We agree to approve AMOCs for AD 2009-21-01 that require using the
skin panel kit specified in Boeing Service Bulletin 737-53-1187 as
AMOCs for the modification required by paragraph (l) of this AD without
the flight-cycle restriction. We have added paragraph (n)(6) to this
AD, which states that AMOCs approved for previous modifications done as
optional terminating action for AD 2009-21-01 are approved as AMOCs for
the modification required by paragraph (l) of this AD provided the skin
modification replacement was done using the skin panel kit specified in
Boeing Service Bulletin 737-53-1187.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed SASB 737-53-1187 R3. The service information describes
procedures for doing inspections of the fuselage skin, repairs, and
skin panel replacement. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 84 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                         Cost per
            Action                  Labor cost         Parts cost        product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspections..................  Up to 1,568 work-                 $0  Up to $133,280.  Up to $11,195,520.
                                hours x $85 per
                                hour = Up to
                                $133,280.
Skin replacement.............  698 work-hours x $85         185,147  $244,477.......  $20,536,068.
                                per hour = $59,330.
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    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspections. We have no
way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
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             Action                      Labor cost           Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Time-limited repair.............  24 work-hours x $85 per            (\1\)  $2,040 per repair.
                                   hour = $2,040 per
                                   repair.
Permanent repair................  Up to 39 work-hours x              (\1\)  Up to $3,315 per repair.
                                   $85 per hour = $3,315
                                   per repair.
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\1\ We have received no definitive data that would enable us to provide the part cost estimates for the on-
  condition actions specified in this AD.

    We estimate the following costs to do any necessary post-repair
inspections that would be required. We have no way of determining the
number of aircraft that might need these inspections:

                                          Post-Repair Inspection Costs
----------------------------------------------------------------------------------------------------------------
                Action                            Labor cost             Parts cost        Cost per  product
----------------------------------------------------------------------------------------------------------------
Post-repair inspection................  Up to 7 work[dash]hours x $85              $0  Up to $595.
                                         per hour = $595.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-10-07 The Boeing Company: Amendment 39-18881; Docket No. FAA-
2016-6666; Directorate Identifier 2015-NM-124-AD.

(a) Effective Date

    This AD is effective July 5, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Boeing Model 737-400 series airplanes,
certificated in any category, as identified in Boeing Special
Attention Service Bulletin 737-53-1187, Revision 3, dated July 10,
2015 (``SASB 737-53-1187 R3'').

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) which indicates that the aft fuselage skin is subject
to widespread fatigue damage (WFD) and reports of aft fuselage skin
cracking. We are issuing this AD to detect and correct cracking in
the aft fuselage skin along the longitudinal edges of the bonded
skin doubler, which could result in possible rapid decompression

and reduced structural integrity of the airplane.

(f) Compliance

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

(g) Inspections, Related Investigative and Corrective Actions

    At the applicable times specified in tables 1, 2, and 3 of
paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, except as
provided by paragraph (h)(1) and (h)(2) of this AD: Do the
applicable inspections to detect cracks in the aft fuselage skin
panels; and do all applicable related investigative and corrective
actions; in accordance with the Accomplishment Instructions of SASB
737-53-1187 R3, except as required by paragraphs (h)(3) and (h)(4)
of this AD. Do all applicable related investigative and corrective
actions before further flight. Repeat the applicable inspections
thereafter at the applicable intervals specified in tables 1, 2, and
3 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3.
Accomplishment of a repair in accordance with ``Part 4: Repair'' of
the Accomplishment Instructions of SASB 737-53-1187 R3, except as
required by paragraph (h)(3) of this AD, is terminating action for
the repetitive inspections required by this paragraph at the
repaired locations only.

(h) Exceptions to SASB 737-53-1187 R3

    (1) Where SASB 737-53-1187 R3, specifies compliance times
``after the Revision 3 date of this service bulletin,'' this AD
requires compliance within the specified compliance times after the
effective date of this AD.
    (2) The Condition column of Paragraph 1.E., ``Compliance,'' of
SASB 737-53-1187 R3, refers to airplanes in certain configurations
as of the ``issue date of Revision 3 of this service bulletin.''
However, this AD applies to airplanes in the specified
configurations as of the effective date of this AD.
    (3) Where SASB 737-53-1187 R3 specifies contacting Boeing for
repair instructions or work instructions, before further flight,
repair or perform the work instructions using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD, except as required by paragraph (h)(4) of this AD.
    (4) For airplanes on which an operator has a record that a skin
panel was replaced with a production skin panel before 53,000 total
flight cycles: At the applicable time for the next inspection as
specified in tables 1, 2, and 3 of paragraph 1.E., ``Compliance,''
of SASB 737-53-1187 R3, except as provided by paragraph (h)(1) and
(h)(2) of this AD: Perform inspections and applicable corrective
actions using a method approved in accordance with the procedures
specified in paragraph (n) of this AD.

(i) Actions for Airplanes With a Time-Limited Repair Installed

    (1) For airplanes with a time-limited repair installed as
specified in Boeing Service Bulletin 737-53-1187, Revision 2, dated
May 9, 2007: At the applicable times specified in table 4 of
paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, except as
provided by paragraphs (h)(1) and (h)(2) of this AD: Do the actions
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers; and do
all applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of SASB 737-53-1187
R3, except as required by paragraph (h)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the applicable inspections thereafter at the
applicable intervals specified in table 4 of paragraph 1.E.,
``Compliance,'' of SASB 737-53-1187 R3.
    (ii) Make the time-limited repair permanent; and do all
applicable related investigative and corrective actions; in
accordance with Part 6 of the Accomplishment Instructions of SASB
737-53-1187 R3, except as required by paragraph (h)(3) of this AD.
Do all applicable related investigative and corrective actions
before further flight. Accomplishing the permanent repair required
by this paragraph terminates the inspections required by paragraph
(i)(1)(i) of this AD for the permanently repaired area only.
    (2) For airplanes with a time-limited repair installed as
specified in SASB 737-53-1187 R3: At the applicable times specified
in table 5 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187
R3, except as provided by paragraph (h)(2) of this AD: Do the
actions specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers; and do
all applicable corrective actions; in accordance with the
Accomplishment Instructions of SASB 737-53-1187 R3, except as
required by paragraph (h)(3) of this AD. Do all applicable
corrective actions before further flight. Repeat the applicable
inspections thereafter at the applicable intervals specified in
table 5 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3.
    (ii) Make the time-limited repair permanent; and do all
applicable related investigative and corrective actions; in
accordance with Part 6 of the Accomplishment Instructions of SASB
737-53-1187 R3, except as required by paragraph (h)(3) of this AD.
Do all applicable related investigative and corrective actions
before further flight. Accomplishing the permanent repair required
by this paragraph terminates the inspections required by paragraph
(i)(2)(i) of this AD for the permanently repaired area only.

(j) Modification of Certain Permanent Repairs

    For airplanes with an existing time-limited repair that was made
permanent as specified in Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007: At the applicable time specified in
table 6 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3,
except as provided by paragraph (h)(1) of this AD: Modify the
existing permanent repair; and do all applicable related
investigative and corrective actions; in accordance with Part 6 of
the Accomplishment Instructions of SASB 737-53-1187 R3, except as
required by paragraph (h)(3) of this AD. Do all applicable related
investigative and corrective actions before further flight.

(k) Post-Repair Inspections

    Table 7 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187
R3, specifies post-repair airworthiness limitation inspections in
compliance with 14 CFR 25.571(a)(3) at the repaired locations, which
support compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an alternative method of
compliance.

(l) Skin Panel Replacement

    At the later of the times specified in paragraphs (l)(1) and
(1)(2) of this AD: Replace the applicable skin panels, and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of SASB 737-53-1187
R3. Do all applicable related investigative and corrective actions
before further flight. Doing the skin panel replacement required by
this paragraph terminates the inspection requirements of paragraphs
(g), (i), and (j) of this AD for that skin panel only, provided the
skin panel replacement was done with a production skin panel after
53,000 total flight cycles, or with the skin panel replacement kit
(S-20 to S-25 (left and right)) specified in Boeing Service Bulletin
737-53-1187.
    (1) Before 60,000 total flight cycles, but not before 53,000
total flight cycles.
    (2) Within 6,000 flight cycles after the effective date of this
AD, but not before 53,000 total flight cycles.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007, except as required by paragraph
(h)(4) of this AD. Boeing Service Bulletin 737-53-1187, Revision 2,
dated May 9, 2007, was incorporated by reference in AD 2009-21-01,
Amendment 39-16038 (74 FR 52395, October 13, 2009) (``AD 2009-21-
01'').
    (2) This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007, except as required by paragraph
(h)(4) of this AD. Boeing Service Bulletin 737-53-1187, Revision 2,
dated May 9, 2007, was incorporated by reference in AD 2009-21-01.
    (3) This paragraph provides credit for the actions required by
paragraph (l) of this AD, if those actions were performed before
November 17, 2009 (the effective date of AD 2009-21-01) using Part
III of the Accomplishment Instructions of Boeing

Service Bulletin 737-53-1187, dated November 2, 1995; or Part III of
the Accomplishment Instructions of Boeing Service Bulletin 737-53-
1187, Revision 1, dated January 16, 1997, except as required by
paragraph (h)(4) of this AD. Boeing Service Bulletin 737-53-1187,
dated November 2, 1995; and Boeing Service Bulletin 737-53-1187,
Revision 1, dated January 16, 1997; are not incorporated by
reference in this AD.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 paragraph (o)(1) 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, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane and the approval
must specifically refer to this AD.
    (4) AMOCs approved for repairs for AD 2009-21-01 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (5) Except as specified in paragraph (n)(6) of this AD, AMOCs
approved for previous modifications done as optional terminating
action for AD 2009-21-01 are approved as AMOCs for the modification
required by paragraph (l) of this AD provided the previous
modification was done after the airplane had accumulated 53,000
total flight cycles or more.
    (6) AMOCs approved for previous modifications done as optional
terminating action for AD 2009-21-01 are approved as AMOCs for the
modification required by paragraph (l) of this AD provided the skin
modification replacement is done using the skin panel kit specified
Boeing Service Bulletin 737-53-1187.

(o) Related Information

    (1) For more information about this AD, contact Jennifer
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(3) and (p)(4) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-53-1187,
Revision 3, dated July 10, 2015.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10286 Filed 5-26-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 5, 2010 (Volume 75, Number 24)]
[Notices]
[Page 6018-6019]
[DOCID:fr05fe10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10808-043]

Boyce Hydro Power, LLC; Notice of Application for Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

January 29, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Temporary Amendment of License.
    b. Project No.: 10808-043.
    c. Date Filed: September 2, 2009, and supplemented on November 4,
2009.
    d. Applicant: Boyce Hydro Power, LLC (BHP).
    e. Name of Project: Edenville Hydroelectric Project.
    f. Location: The project is located on the Tittabawassee River in
Gladwin and Midland Counties, Michigan.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Frank Christie, General Manager, Boyce Hydro
Power, LLC, 6000 South M-30, P.O. Box 15, Edenville, Michigan 48624;
telephone<PHONE_NUMBER>.
    i. FERC Contact: Anthony DeLuca, telephone:<PHONE_NUMBER>, and e-
mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: March 1, 2010.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site (http://www.ferc.gov)
under the ``e-filing'' link. The Commission strongly encourages
electronic filings.
    All documents (original and eight copies) filed by paper should be
sent to: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. Please include the project number
(P-10808-043) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any

motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    k. Description of Request: The licensee requests a temporary
variance from article 403, the bypass flow requirement, at the
Edenville spillway for the 5 or 6 weeks it will take to construct the
footings and first lift of the retaining walls. BHP states that
shutting off the bypass flow will allow them to accomplish their work
in the dry and eliminate the need for cofferdams, thus reducing the
potential for contamination downstream.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at 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. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e[dash]mail of new filings and issuances related to
this or other pending projects. For assistance, call 1-866-208-3372 or
e-mail<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-2484 Filed 2-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 15, 2008 (Volume 73, Number 32)]
[Proposed Rules]
[Page 8831-8833]
[DOCID:fr15fe08-16]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0175; Directorate Identifier 2007-CE-105-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Model 750XL
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    To prevent electrical malfunction from causing damage to the
wiring that may result in arcing or fire, accomplish Pacific
Aerospace Service Bulletin PACSB/XL/008.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 17, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

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 (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0175,
Directorate Identifier 2007-CE-105-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

    The Civil Aviation Authority of New Zealand (CAA), which is the
aviation authority for New Zealand, has issued DCA/750XL/2, dated
September 30, 2004 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:

    To prevent electrical malfunction from causing damage to the
wiring that may result in arcing or fire, accomplish Pacific
Aerospace Service Bulletin PACSB/XL/008.

    The MCAI requires the addition and replacement of certain pitot
heat sensor circuit breakers and the addition of a cooling fan circuit
fuse.
    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Pacific Aerospace Corporation Limited has issued Mandatory Service
Bulletin PACSB/XL/008, dated July 8, 2004. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 7 products of U.S. registry. We also estimate that
it would take about 1.5 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $181 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $2,107, or $301 per product.

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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 AD:

Pacific Aerospace Limited: Docket No. FAA-2008-0175, Directorate
Identifier 2007-CE-105-AD.

Comments Due Date

    (a) We must receive comments by March 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, serial numbers 101 through 107, certificated in any
category.

Subject

    (d) Air Transport Association of America (ATA) Code 31:
Instruments.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    To prevent electrical malfunction from causing damage to the
wiring that may result in arcing or fire, accomplish Pacific
Aerospace Service Bulletin PACSB/XL/008.
    The MCAI requires the addition and replacement of certain pitot
heat sensor circuit breakers and the addition of a cooling fan
circuit.

Actions and Compliance

    (f) Unless already done, within 100 hours time-in-service after
the effective date of this AD, do the following actions following
Pacific Aerospace Corporation Limited Mandatory Service Bulletin
PACSB/XL/008, dated July 8, 2004:
    (1) For airplanes only authorized to operate under visual flight
rules (VFR) flight:
    (i) Add a ten-amp circuit breaker supplying the pitot heat
system to the left hand (LH) Switch Panel;
    (ii) Replace the switching circuit breaker used as the pitot
heat selector with a switch; and
    (iii) Add a three-amp fuse at the power bus at the supply to the
avionics cooling fan connection.
    (2) For airplanes with serial numbers 101 through 107 that have
been modified to operate under instrument flight rules (IFR) flight,
contact Pacific Aerospace Corporation Limited at Pacific Aerospace
Limited, Private Bag HN3027, Hamilton, New Zealand, telephone: +(64)
7-843-6144, fax: +(64) 7-843-6134, email<EMAIL_ADDRESS>
for FAA-approved procedures to comply with this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-

approved if they are approved by the State of Design Authority (or
their delegated agent). You are required to assure the product is
airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Civil Aviation Authority of New Zealand AD
DCA/750XL/2, dated September 30, 2004; and Pacific Aerospace
Corporation Mandatory Service Bulletin PACSB/XL/008, dated July 8,
2004, for related information.

    Issued in Kansas City, Missouri, on February 7, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-2831 Filed 2-14-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Notices]
[Pages 8008-8009]
[FR Doc No: 2022-02956]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-43-000]

Texas Eastern Transmission, LP; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on January 27, 2022, Texas Eastern Transmission,
LP (Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056, filed
in the above referenced docket a prior notice pursuant to Section
157.205 and 157.208 of the Federal Energy Regulatory Commission's
regulations under the Natural Gas Act and the blanket certificate
issued by the Commission in Docket No. CP82-535-000,\1\ seeking
authorization to construct and operate interconnection facilities
between Texas Eastern and Venture Global Gator Express, LLC (Gator
Express) in Plaquemines Parish, Louisiana. Specifically, Texas Eastern
proposes to construct a new metering and regulating facilities (M&R
Facilities) which will be installed on a platform owned by Gator
Express with approximately 0.2 mile of 30-inch-diameter interconnecting
piping and a riser to connect Texas Eastern's Line to M&R Facilities on
the Gator Express platform. The proposed construction will have a
delivery capacity of 240,000 dekatherms per day and is estimated to
cost approximately $30,600,000, all as more fully set forth in the
request which is on file with the Commission and open to public
inspection.
---------------------------------------------------------------------------

    \1\ Texas Eastern Transmission Corp., 21 FERC ] 62,199 (1982).
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://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 the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Any questions concerning this application should be directed to
Arthur Diestel, Director, Regulatory, Texas Eastern Transmission, LP,
P.O. Box 1642, Houston, Texas 77251, by telephone at<PHONE_NUMBER>, by
fax at<PHONE_NUMBER>, or by email at [email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: You can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on April 8, 2022. How
to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is April 8, 2022. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is April 8, 2022. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before April 8, 2022. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP22-43-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing.'' The Commission's eFiling
staff are available to assist you at<PHONE_NUMBER> or
[email protected]
    (2) You can file a paper copy of your submission. Your submission
must reference the Project docket number CP22-43-000.
    To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    To mail via any other courier, use the following address: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Arthur
Diestel, Director, Regulatory, Texas Eastern Transmission, LP, P.O. Box
1642, Houston, Texas 77251, by telephone at<PHONE_NUMBER>, by fax at
(713) 627-5947, or by email at [email protected]. Any
subsequent submissions by an intervenor must be served on the applicant
and all other parties to the proceeding. Contact information for
parties can be downloaded from the service list at the eService link on
FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: February 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02956 Filed 2-10-22; 8:45 am]
BILLING CODE 6717-01-P


Pollution Prevention Compliance Alternative; Transportation Equipment Cleaning ( TEC) Point Source Category ( 40 CFR PART 442)

March 19, 2001 U. S. Environmental Protection Agency Office of Water Office of Science and Technology Engineering and Analysis Division Ariel Rios Building 1200 Pennsylvania Avenue, N. W. Washington, D. C. 20460 i TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . 1 1( a) Title of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization/ Abstract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( a) Need/ Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( b) Practical Utility/ Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3( b) Public Notice Required Prior to ICR Submission to OMB . . . . . . . . . . . . . . . . . 2 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . . . . 4 4( a) Respondents and SIC Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4( c) Respondent Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . . 6 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION . . . . . . . . . . . . . 7 6( a) Estimating Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6( b) Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6( c) Estimating Agency Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6( d) Estimating the Respondent Universe and Total Burden . . . . . . . . . . . . . . . . . . . 11 6( e) Bottom Line Burden Hours and Costs Table . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6( f) Reasons for Changes in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ii LIST OF TABLES 1 Annual Respondent Burden and Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Annual Agency Burden and Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3 Summary of Burden and Cost to Respondents and EPA . . . . . . . . . . . . . . . . . . . . . . . . 13 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection Pollution Prevention Compliance Alternative; Transportation Equipment Cleaning ( TEC) Point Source Category. ( 40 CFR Part 442) ( EPA ICR No. 2018.01).

1( b) Short Characterization/ Abstract EPA issued a final guideline for the TEC point source category on August 14, 2000. This final rule included a regulatory compliance option which allows certain facilities to develop a Pollutant Management Plan in lieu of meeting numeric standards. Facilities have the option to develop this plan if it would be a more beneficial compliance alternative. The Pollutant Management Plan is only available for PSES and PSNS in Subparts A and B of the TEC regulation, representing a potential total of 316 facilities. Facilities opting to comply with the PMP have until August 14, 2003 to comply with the regulations.

The Pollutant Management Plan includes requirements for record keeping and paperwork that were not previously included in the burden estimate for the TEC industry. This new Information Collection Request ( ICR) presents estimates of the burden hours and costs to the regulated community and pretreatment authorities for data collection and recordkeeping associated with implementing the pollution prevention compliance option.

The PMP is an effective alternative method of reducing pollutant discharges from indirect dischargers in Subparts A and B ( facilities that clean tank trucks, intermodal tank containers, and rail tank cars transporting chemical and petroleum cargos). The PMP contains 10 components that must be considered and addressed when developing the Plan. These components require facilities to identify and segregate incompatible waste streams which may include heels, prerinse or prestream wastewater, and spent cleaning solutions from wastewater discharged to the POTW. The PMP also requires provisions for recycling or reuse of incompatible waste streams and for minimizing the use of toxic cleaning agents. Data collection and recordkeeping requirements under the pollution prevention compliance option include preparing the PMP and maintaining records to demonstrate compliance with the procedures and provisions of the PMP. Records will be stored on site, and there are no reporting requirements. 2 2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection EPA is providing an alternative pollution prevention compliance option to reduce pollutant discharges from indirect dischargers in Subparts A and B ( facilities that clean tank trucks, intermodal tank containers, and rail tank cars transporting chemical and petroleum cargos).

The Transportation Equipment Cleaning Effluent Limitations Guidelines and Standards were promulgated under the authority of Sections 301, 304, 306, 307, 308, 402, and 501 of the Clean Water Act, 33 U. S. C. 1311, 1314, 1316, 1317, 1342, and 1361.

2( b) Practical Utility/ Users of the Data The primary users of the PMP and information generated as required by the PMPs will be the owners and operators of Subpart A and B facilities that choose the pollution prevention compliance option. These data will be used to demonstrate compliance with the regulation.

EPA expects that the PMP and recordkeeping required by the PMP will be used by pretreatment authorities to determine compliance with the procedures and provisions required by the PMP.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication EPA has examined all other reporting requirements contained in the Clean Water Act and 40 CFR Parts 122, 123, 124, 125, 501, and 503. The Agency has also consulted other sources of information to determine if similar or duplicative information is available elsewhere. These examinations have revealed no duplicative reporting requirements.

3( b) Public Notice Required Prior to ICR Submission to OMB EPA is amending the table of currently approved information collection request ( ICR) control numbers issued by OMB for various regulations. The amendment updates the table to list those information collection requirements promulgated under the Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Transportation Equipment Cleaning Point Source Category, which appeared in the Federal Register on August 14, 2000 ( 65 FR 4966). The affected regulations are codified at 40 CFR parts 442.15, 442.16, 442.25, and 442.26. EPA will continue to present OMB control numbers in a consolidated table format to be codified in 40 CFR part 9 of the Agency's regulations, and in each CFR volume 3 containing EPA regulations. The table lists CFR citations with reporting, recordkeeping, or other information collection requirements, and the current OMB control numbers. This listing of the OMB control numbers and their subsequent codification in the CFR satisfies the requirements of the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.) and OMB's implementing regulations at 5 CFR part 1320. This ICR was previously subject to public notice and comment prior to OMB approval. Due to the technical nature of the table, EPA finds that further notice and comment is unnecessary. As a result, EPA finds that there is " good cause" under section 553( b)( B) of the Administrative Procedure Act, 5 U. S. C. 553( b)( B), to amend this table without prior notice and comment.

3( c) Consultations During Interagency review for the final TEC guidelines, EPA discussed the pollution prevention alternative with the Office of Management and Budget, the Small Business Administration Office of Advocacy, and industry stakeholders who supported promulgation of PMP. The Association of Metropolitan Sewerage Agencies has also indicated its support for effective pollution prevention practices as an alternative to numeric limits for Subpart A and B facilities.

3( d) Effects of Less Frequent Collection Data collection frequency will specified in each site specific PMP. Facilities must provide information on cleaning agents used and must maintain appropriate records of heel management procedures, prerinse/ presteam management procedures, cleaning agent management procedures, operator training, and proper operation and maintenance of any pretreatment system.

Some facilities do not use chemical cleaning agents and do not clean tanks or containers that last contained cargos which are likely to result in discharges of pollutants that would be incompatible with treatment at a POTW. These facilities will have minimal, if any, recurring data collection requirements specified in their site specific PMPs. In contrast, other facilities use toxic chemical cleaning agents and routinely clean tanks or containers that last contained cargos which are likely to result in discharges of pollutants that would be incompatible with treatment at a POTW. Site specific PMPs prepared by these facilities will likely require collection of daily cleaning agent use and incompatible waste stream management information. Because these facilities can and do generate incompatible waste streams at any time, less frequent data collection would not provide the information necessary to prevent pass through, interference, and sludge contamination at POTWs.

3( e) General Guidelines This information collection is consistent with OMB guidelines contained in 5 CFR 1320.5, 1320.6, 1320.8, and 1320.12. 4 3( f) Confidentiality EPA does not expect that any confidential business information or trade secrets will be required from TEC facilities as part of this ICR. If information submitted in conjunction with this ICR were to contain confidential business information, the respondent has the authority to request that the information be treated as confidential business information. All data so designated will be handled by EPA pursuant to 40 CFR Part 2. This information will be maintained according to procedures outlined in EPA's Security Manual Part III, Chapter 9, dated August 9, 1976.

3( g) Sensitive Questions The reporting requirements addressed in this ICR do not include sensitive questions. 5 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and SIC Codes The respondents for this ICR will be a maximum of an estimated 286 facilities in Subpart A ( Tank Trucks and Intermodal Tank Containers Transporting Chemical and Petroleum Cargos) and 30 facilities in Subpart B ( Rail Tank Cars Transporting Chemical and Petroleum Cargos). EPA estimates approximately 25% of facilities in these Subparts will choose the pollution prevention compliance option. There is no single SIC code or set of SIC codes that specifically identify facilities that perform TEC operations. Examples of common SIC codes for facilities in these Subparts include SIC 7699 ( Repair Ships and Related Services, Not Elsewhere Classified) and SIC 4741 ( Rental of Railroad Cars).

4( b) Information Requested The pollution prevention compliance option at 40 CFR 442.15, 442.16, 442.25, and 442.26 include the following major components: ( 1) prepare and submit a statement of intent, ( 2) prepare and submit a pollutant management plan, ( 3) collect information and maintain records, and ( 4) perform operator training.

( 1) Prepare and submit a statement of intent [ 40 CFR 442.15( b)( 2), 442.16( b)( 2), 442.25( b)( 2), 442.26( b)( 2)]

Owners or operators who choose the pollution prevention compliance option will prepare and submit to their local control authority a statement of intent to implement a PMP, certified by a responsible corporate officer.

( 2) Prepare and submit a PMP [ 40 CFR 442.15( b)( 1), 442.15( b)( 3), 442.16( b)( 1), 442.16( b)( 3), 442.25( b)( 1), 442.25( b)( 3), 442.26( b)( 1), and 442.26( b)( 3)]

Central to the pollution prevention compliance option is the preparation and implementation of a PMP. The PMP is intended to contain the procedures and provisions the facility will implement to reduce pollutant discharges and prevent pass through, interference, and sludge contamination at POTWs. The PMP will be enforceable, meaning it will be included in the facility's individual control mechanism or POTW permit. Owners and operators will keep a copy of the PMP on site to demonstrate compliance with the rule.

According to 40 CFR 442, the PMP ( Plan) will include the following components:

( i) procedures for identifying cargos, the cleaning of which is likely to result in discharges of pollutants that would be incompatible with treatment at the POTW; 6 ( ii) for cargos identified as being incompatible with treatment at the POTW, the Plan shall provide that heels be fully drained, segregated from other wastewaters, and handled in an appropriate manner;

( iii) for cargos identified as being incompatible with treatment at the POTW, the Plan shall provide that the tank be prerinsed or presteamed as appropriate and the wastewater segregated from wastewaters to be discharged to the POTW and handled in an appropriate manner, where necessary to ensure that they do not cause or contribute to a discharge that would be incompatible with treatment at the POTW;

( iv) all spent cleaning solutions, including interior caustic washes, interior presolve washes, interior detergent washes, interior acid washes, and exterior acid brightener washes shall be segregated from other wastewaters and handled in an appropriate manner, where necessary, to ensure that they do not cause or contribute to a discharge that would be incompatible with treatment at the POTW;

( v) provisions for appropriate recycling or reuse of cleaning agents;

( vi) provisions for minimizing the use of toxic cleaning agents ( solvents, detergents, or other cleaning or brightening solutions);

( vii) provisions for appropriate recycling or reuse of segregated wastewaters ( including heels and prerinse/ presteam wastes);

( viii) provisions for off site treatment or disposal, or effective pretreatment of segregated wastewaters ( including heels, prerinse/ presteam wastes, spent cleaning solutions);

( ix) information on the volumes, content, and chemical characteristics of cleaning agents used in cleaning or brightening operations; and ( x) provisions for maintaining appropriate records of heel management procedures, prerinse/ presteam management procedures, cleaning agent management procedures, operator training, and proper operation and maintenance of any pretreatment system.

( 3) Collect information and maintain records [ 40 CFR 442.15( b)( 5)( ix), 442.15( b)( 5)( x), 442.16( b)( 5)( ix), 442.16( b)( 5)( x), 442.25( b)( 5)( ix), 442.25( b)( 5)( x), 442.26( b)( 5)( ix), and 442.26( b)( 5)( x)]

Components ( ix) and ( x) of the PMP will specify information collection and recordkeeping to demonstrate compliance with the procedures and provisions required by the PMP. For 7 example, facilities may develop and maintain logs documenting cleaning agents use, heel removal and management, prerinse/ presteam management, cleaning agent management, operator training, and proper operation and maintenance of any pretreatment system.

( 4) Perform operator training [ 40 CFR 442.15( b)( 5)( x), 442.16( b)( 5)( x), 442.25( b)( 5)( x), and 442.26( b)( 5)( x)]

Owners or operators will prepare and perform operator training on the data collection and recordkeeping specified in the PMP.

4( c) Respondent Activities Respondent activities include the following:

Preparing basic information. This includes reviewing regulatory requirements, preparing and submitting a statement of intent, preparing and submitting a PMP, and collecting information as specified by the PMP.

Maintaining records. The PMP will specify provisions for maintaining appropriate records of heel management procedures, prerinse/ presteam management procedures, cleaning agent management procedures, operator training, and proper operation and maintenance of any pretreatment system. Owners or operators must also maintain records on the volumes, content, and chemical characteristics of cleaning agents used in cleaning and brightening operations. Records will be maintained and stored on site for the length of time specified by the PMP, but no more than three years.

Training operators. The PMP will specify provisions for performing operator training on maintaining appropriate records of cleaning agent use, heel management procedures, prerinse/ presteam management procedures, and cleaning agent management procedures, and wastewater treatment operations and maintenance.

5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities The owner or operator retains essentially all of the information generated and provides only the statement of intent and PMP to the pretreatment authority; there are no additional reporting requirements. Agency activities associated with the pollution prevention compliance option are therefore limited to review and incorporation of the PMP into the facility's individual control mechanism or POTW permit, and compliance reviews. 8 5( b) Collection Methodology and Management The pretreatment authority will review the PMP and will retain the authority to recommend additional or incremental procedures as necessary to prevent pass through, interference, and sludge contamination at POTWs and to ensure that implementation of the PMP is consistent with Clean Water Act requirements.

5( c) Small Entity Flexibility Pursuant to Section 605( b) of the Regulatory Flexibility Act, the EPA Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities. The number of small businesses affected by the rule is relatively low and the impact is modest for most of the affected small businesses.

5( d) Collection Schedule The information collection activities included in this ICR are anticipated to occur under the following schedule:

Submittal of a statement of intent to implement a PMP: Due prior to renewing or modifying the facility individual control mechanism or POTW permit.

Submittal of a PMP: Due at the time the facility applies to renew or modify the individual control mechanism or POTW permit.

Collect information and maintain records: Performed on a continual basis.

Perform operator training: Performed on a continual basis.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden Table 1 presents estimates of the respondent burdens for labor hours and costs associated with this ICR. A brief description of the basis for the burden estimates is presented below. All estimates are based on best professional judgement.

( 1) Prepare and submit a statement of intent Owners and operators will need to make an initial choice of how to comply with the regulation. Facility owners or operators will read the Federal Register ( 65 FR 49665), Technical Development Document ( EPA 821 R 00 012), and/ or Permit Guidance Document to learn the requirements of the pollution prevention compliance option to make an 9 Table 1 Annual Respondent Burden and Cost Hours and Costs Per Respondent Total Hours and Costs Corp Capital/ Number Officer Legal Manager Operator Clerical Resp. Labor Startup O& M of Total Total Information Collection Activity $ 67.71/ hr $ 59.78/ hr $ 34.46/ hr $ 27.66/ hr $ 18.99/ hr hr/ yr $/ yr $ $ Resp. hr/ yr $/ yr Prepare and submit a statement of intent Read the regulations and supporting documents 0.7 0.7 $ 45.14 $ 0.00 $ 16.67 316 210.7 $ 19,530.91 Prepare and submit statement of intent 0.3 0.3 0.3 1.0 $ 48.83 $ 0.00 $ 1.67 79 79.0 $ 3,988.97 Prepare and submit a PMP Prepare and submit a PMP 0.7 0.7 22.2 1.3 24.8 $ 874.18 $ 0.00 $ 3.33 79 1,961.8 $ 69,323.29 Collect information and maintain records Develop records format and content 5.3 5.3 $ 183.79 $ 0.00 $ 1.67 79 421.3 $ 14,650.81 Collect information and maintain records 186.5 186.5 $ 4,992.61 $ 0.00 $ 25.00 79 14,733.5 $ 396,390.80 Perform operator training Operator training 6.0 16.0 22.0 $ 635.08 $ 0.00 $ 5.00 79 1,738.0 $ 50,566.32 Subtotal 1.7 1.0 33.5 202.5 1.7 240.3 $ 6,779.62 $ 0.00 $ 53.33 varies 19,144.3 $ 554,451.10 10 informed choice. Those owners or operators that choose the pollution prevention compliance option will need to prepare and submit of a statement of intent to implement a PMP, certified by a responsible corporate officer.

Reading the portions of the regulations and supporting documents specific to the pollution prevention compliance option requires an estimated 2 hours for a corporate officer. Preparing and submitting the statement of intent requires an estimated 1 hour for a corporate officer, 1 hour for legal council, and 1 hour for a clerk. Burden estimates for these activities are a one time initial burden; therefore, these estimates are divided by three for use in Table 1 to provide an average burden on an annual basis over the three year period of this ICR.

( 2) Prepare and submit a PMP Those owners or operators that choose the pollution prevention compliance option will need to prepare and submit a PMP. This is a one time initial burden.

This activity requires an estimated 66.5 hours for an manager review available cargo identification records, meet with POTW representatives to learn incompatible pollutants, and write the ten components of the PMP. This estimate represents an average facility burden with owners and operators that choose to operate end of pipe wastewater treatment of incompatible wastes requiring higher than average burden and those that choose not to operate end of pipe wastewater treatment of incompatible wastes requiring lower than average burden. An estimated 25% of owners or operators are expected to choose to operate end of pipe wastewater treatment of incompatible wastes. Internal review of the draft PMP will require 2 hours for a corporate officer and 2 hours for legal council. Preparation and submittal of the final PMP will requires 4 hours for a clerk.

( 3) Collect information and maintain records Components ( ix) and ( x) of the PMP will specify information collection and recordkeeping to demonstrate compliance with the procedures and provisions required by the PMP. Recordkeeping is assumed to include the maintenance of the following operating logs: cleaning agents use, heel management, prerinse/ presteam management, spent cleaning agent management, wastewater treatment system operation, wastewater treatment system maintenance and repair, and wastewater treatment system inspection.

An estimated 16 hours for a manager are required to design the format and content of the information log sheets. This is a one time initial burden.

Information collection and record maintenance are recurring activities assumed to be performed by equipment operators. An estimated 2 hours per month are required to collect information and maintain records for cleaning agents use. An estimated one half hour per day is required to collect information and maintain records for heel management, prerinse/ presteam 11 management, and spent cleaning agent management. This estimate assumes that 20% of tanks cleaned at an average facility last contained cargos that would cause or contribute to a discharge that would be incompatible with treatment at the POTW. Finally, an estimated one half hour per day is required to collect information and maintain records for wastewater treatment for the estimated 25% of owners or operators that choose to operate end of pipe wastewater treatment of incompatible wastes.

( 4) Perform operator training Owners or operators will prepare and perform operator training on the data collection and recordkeeping specified in the PMP. An estimated 4 hours per year for a manager are required to prepare and perform the training, and an additional 2 hours per year for a manager are required to maintain operator training records. An estimated 16 hours per year for operators are required to attend training. This estimate includes an allowance for operator staff turnover.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs Labor costs presented in Table 1 were estimated by multiplying the estimated burden ( hours) by labor rates for corporate officer, legal, manager, operator, and clerical. The labor rate for an operator was obtained from the TEC cost model used to estimate compliance costs for the promulgated rule, after adjusting the rate to 2000 using the Chemical Engineering Plant Cost Index. Labor rates for the remaining categories were obtained from the Bureau of Labor Statistics ( BLS). Specifically, rates are based on the BLS average hourly earnings for private industry ( Source: National Compensation Survey: Occupational Wages in the United States, 1998) increased by 30 percent to account for benefits, and then adjusted to 2000 using the BLS Employment Cost Index. Labor rates used to estimate labor costs are summarized below:

Corporate officer  $ 67.71 per hour;

Legal  $ 59.78 per hour;

Manager  $ 34.46 per hour;

Operator  $ 27.66 per hour; and

Clerical  $ 18.99 per hour.

( ii) Estimating Capital and Operations and Maintenance Costs No capital costs are required for the data collection and recordkeeping requirements under the pollution prevention compliance option. Minor operating and maintenance costs are required for each activity as described below. Estimates are based on best professional judgement. 12 ( 1) Prepare and submit a statement of intent Operating and maintenance costs for this activity include $ 50 to acquire hard copies of the regulation and supporting documents and $ 5 for copying and postage of the statement of intent. These are one time initial costs.

( 2) Prepare and submit a PMP Operating and maintenance costs for this activity include $ 10 for copying and postage of the PMP. This is a one time initial cost.

( 3) Collect information and maintain records Operating and maintenance costs for this activity include $ 25 for copying. This is a recurring cost.

( 4) Perform operator training Operating and maintenance costs for this activity include $ 5 for copying. This is a recurring cost.

6( c) Estimating Agency Burden and Cost Table 2 presents estimates of the Agency burdens for labor hours and costs associated with this ICR. EPA estimates a burden to state pretreatment authorities of 10 hours per facility to review and incorporate the PMP into the facility's individual control mechanism or POTW permit. This is a one time initial burden. EPA estimates an additional pretreatment authority burden of 2 hours per year to perform periodic ( e. g., annual or semi annual) compliance reviews.

U. S. Department of Labor average annual salary for state and local employees is $ 41,185. At 2,080 available labor hours per year, the hourly rate is $ 19.80. Overhead costs for state and local employees are estimated to be 60% ( EPA ICR Handbook), or $ 11.88 per hour, which results in a total hourly rate of $ 31.68 per hour.

6( d) Estimating the Respondent Universe and Total Burden and Costs The regulated community includes approximately 286 indirect discharging facilities in Subpart A and 30 indirect discharging facilities in Subpart B. EPA assumes that all regulated facilities will evaluate the alternative pollution prevention compliance option to determine whether it would be less costly that complying with numerical limits. Based on discussions with industry stakeholders and pretreatment authorities, EPA assumes that 25% of these facilities will select the pollution prevention compliance option. 13 Table 2 Annual Agency Burden and Cost Hours and Costs Per Respondent Total Hours and Costs Labor Agency Costs Number of Total Total Information Collection Activity $ 31.68/ hr $/ yr Respondent s hr/ yr $/ yr Implement new pretreatment conditions 3.3 $ 105.60 79 263.3 $ 8,342.40 Annual onsite record review 2.0 $ 63.36 79 158.0 $ 5,005.44 Subtotal 5.3 $ 168.96 varies 421.3 $ 13,347.84 14 Total burden and costs by activity are shown in Tables 1 and 2 for respondents and EPA based on the assumed respondent universe.

6( e) Bottom Line Burden Hours and Costs Table Table 3 presents the bottom line burden hours and costs for respondents and EPA.

Table 3. Summary of Burden and Costs to Respondents and EPA Category Total Labor Hours Total Costs Respondents ( Subpart A and B) 19,144 $ 554,451 EPA 421 $ 13,349 6( f) Reasons for Changes in Burden Since this is a new information collection, there is no change in burden for this collection.

6( g) Burden Statement For the TEC pollution prevention compliance option, the burden is estimated to average 240.3 hours per respondent per year. This estimate includes time for preparing and submitting the statement of intent, preparing and submitting the PMP, collecting information and recordkeeping, and operator training. Agency burden is estimated to average 5.3 hours per respondent per year. This estimate includes time to review and incorporate the PMP into the facility's individual control mechanism or POTW permit and to perform compliance reviews.

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; 15

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 and 48 CFR Chapter 15.