[Federal Register: September 4, 2009 (Volume 74, Number 171)]
[Notices]
[Page 45896-45899]
[DOCID:fr04se09-103]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No: FAA-2010-22842]

Notice of Opportunity To Participate, Criteria Requirements and
Application Procedure for Participation in the Military Airport Program
(MAP).

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

ACTION: Notice of criteria and application procedures for designation
or redesignation, in the Military Airport Program (MAP), for the fiscal
year 2010.

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SUMMARY: In anticipation of Congress enacting a reauthorization of the
Airport Improvement Program (AIP) the FAA is publishing this annual
notice. This notice announces the criteria, application procedures, and
schedule to be applied by the Secretary of Transportation in
designating or redesignating, and funding capital development annually
for up to 15 current (joint-use) or former military airports seeking
designation or redesignation to participate in the MAP. While FAA
currently has continuing authority to designate or redesignate
airports, FAA does not have authority to issue grants for fiscal year
2010 MAP, and will not have authority until Congress enacts legislation
enabling FAA to issue grants.
    The MAP allows the Secretary to designate current (joint-use) or
former military airports to receive grants from the Airport Improvement
Program (AIP). The Secretary is authorized to designate an airport
(other than an airport designated before August 24, 1994) only if:
    (1) The airport is a former military installation closed or
realigned under the Title 10 U.S.C. Sec. 2687 (announcement of closures
of large Department of Defense installations after September 30, 1977),
or under Section 201 or 2905 of the Defense Authorization Amendments
and Base Closure and Realignment Acts; or
    (2) the airport is a military installation with both military and
civil aircraft operations.
    The Secretary shall consider for designation only those current or
former military airports, at least partly converted to civilian
airports as part of the national air transportation system, that will
reduce delays at airports with more than 20,000 hours of annual delays
in commercial passenger aircraft takeoffs and landings, or will enhance
airport and air traffic control system capacity in metropolitan areas,
or reduce current and projected flight delays (49 U.S.C. 47118(c)).

DATES: Applications must be received on or before November 3, 2009.

ADDRESSES: Submit an original and two copies of Standard Form (SF) 424,
``Application for Federal Assistance,'' prescribed by the Office of
Management and Budget Circular A-102, available at http://www.faa.gov/
airports_airtraffic/airports/regional_guidance/northwest_mountain/
airports_resources/forms/media/applications/application_sf_424.doc
along with any supporting and justifying documentation. Applicant
should specifically request to be considered for designation or
redesignation to participate in the fiscal year 2010 MAP. Submission
should be sent to the Regional FAA Airports Division or Airports
District Office that serves the airport. Applicants may find the proper
office on the FAA Web site http://www.faa.gov/airports_airtraffic/
airports/regional_guidance/ or may contact the office below.

FOR FURTHER INFORMATION CONTACT: Mr. Kendall Ball
(Kendall.Ball@faa.gov), Airports Financial Assistance Division (APP-
500), Office of Airport Planning and Programming, Federal Aviation
Administration (FAA), 800 Independence Avenue, SW., Washington, DC,
20591,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

General Description of the Program

    The MAP provides capital development assistance to civil airport
sponsors of designated current (joint-use) military airfields or former
military airports that are included in the FAA's National Plan of
Integrated Airport Systems (NPIAS). Airports designated to the MAP may
obtain funds from a set-aside (currently four percent) of AIP
discretionary funds for airport development, including certain projects
not otherwise eligible for AIP assistance. These airports are also
eligible to receive grants from other categories of AIP funding.

Number of Airports

    A maximum of 15 airports per fiscal year (FY) may participate in
the MAP. There are 6 slots available for designation or redesignation
in FY 2010. There is no general aviation slot available this year.

Term of Designation

    The maximum term is five fiscal years following designation. The
FAA can designate airports for a period of less than five years. The
FAA will evaluate the conversion needs of the airport in its capital
development plan to determine the appropriate length of designation.

Redesignation

    Previously designated airports may apply for redesignation of an
additional term not to exceed five years. Those airports must meet
current eligibility requirements in 49 U.S.C. 47118(a) at the beginning
of each grant period and have MAP eligible projects. The FAA will
evaluate applications for redesignation primarily in terms of warranted
projects fundable only under the MAP as these candidates tend to have
fewer conversion needs than new candidates. The FAA's goal is to
graduate MAP airports to regular AIP participation by successfully
converting these airports to civilian airport operations.

Eligible Projects

    In addition to eligible AIP projects, MAP can fund fuel farms,
utility systems, surface automobile parking lots, hangars, and air
cargo terminals up to 50,000 square feet. A designated or redesignated
military airport can receive not more than $7,000,000 each fiscal year
to construct, improve, and repair terminal building facilities. In
addition a designated or redesignated military airports can receive not
more than $7,000,000 each fiscal year for MAP eligible projects that
include hangars, cargo facilities, fuel farms, automobile surface
parking, and utility work.

Designation Considerations

    In making designations of new candidate airports, the Secretary of
Transportation may only designate an airport (other than an airport so
designated before August 24, 1994) if it meets the following general
requirements:
    (1) The airport is a former military installation closed or
realigned under:
    (A) Section 2687 of Title 10;
    (B) Section 201 of the Defense Authorization Amendments and Base
Closure and Realignment Act (BRAC) (10 U.S.C. 2687 note); or
    (C) Section 2905 of the Defense Base Closure and Realignment Act of
1990 (10 U.S.C. 2687 note); or
    (2) The airport is a military installation with both military and
civil aircraft operations; and
    (3) The airport is classified as a commercial service or reliever
airport in the NPIAS. (See 49 U.S.C. 47105(b)(2)). One of the
designated airports, if included in the NPIAS, may be a general
aviation (GA) airport (public airport other than an air carrier
airport, 49 U.S.C. 47102(1), (20)) that was a former military
installation closed or realigned under BRAC, as amended, or 10 U.S.C.
2687. (See 49 U.S.C. 47118(g)). A general aviation airport must qualify
under (1) above.
    In designating new candidate airports, the Secretary shall consider
if a grant will:
    (1) Reduce delays at an airport with more than 20,000 hours of
annual delays in commercial passenger aircraft takeoffs and landings;
or
    (2) Enhance airport and air traffic control system capacity in a
metropolitan area or reduce current and projected flight delays.
    The application for new designations will be evaluated in terms of
how the proposed projects will contribute to reducing delays and/or how
the airport will enhance air traffic or airport system capacity and
provide adequate user services.

Project Evaluation

    Recently realigned or closed military airports, as well as active
military airfields with new joint-use agreements, have the greatest
need of funding to convert to, or to incorporate, civil airport
operations. Newly converted airports and new joint-use locations
frequently have minimal capital development resources and will
therefore receive priority consideration for designation and MAP
funding. The FAA will evaluate the need for eligible projects based
upon information in the candidate airport's five-year Airport Capital
Improvement Plan (ACIP). These projects need to be related to
development of that airport and/or the air traffic control system
capacity.
    1. The FAA will evaluate candidate airports and/or the airports
such candidate airports will relieve based on the following specific
factors:
     Compatibility of airport roles and the ability of the
airport to provide an adequate airport facility;
     The capability of the candidate airport and its airside
and landside complex to serve aircraft that otherwise must use a
congested airport;
     Landside surface access;
     Airport operational capability, including peak hour and
annual capacities of the candidate airport;
     Potential of other metropolitan area airports to relieve
the congested airport;
     Ability to satisfy, relieve, or meet air cargo demand
within the metropolitan area;
     Forecasted aircraft and passenger levels, type of
commercial service anticipated, i.e., scheduled or charter commercial
service;
     Type and capacity of aircraft projected to serve the
airport and level of operations at the congested airport and the
candidate airport;
     The potential for the candidate airport to be served by
aircraft or users, including the airlines, serving the congested
airport;
    Ability to replace an existing commercial service or reliever
airport serving the area; and
     Any other documentation to support the FAA designation of
the candidate airport.
    2. The FAA will evaluate the extent to which development needs
funded through MAP will make the airport a viable civil airport that
will enhance system capacity or reduce delays.

Application Procedures and Required Documentation

    Airport sponsors applying for designation or redesignation must
complete and submit an SF 424, Application for Federal Assistance, and
provide supporting documentation to the appropriate FAP Airports
regional or district office serving that airport.
    Standard Form 424:
    Sponsors may obtain this fillable form at http://www.faa.gov/
airports_airtraffic/airports/regional_guidance/northwest_mountain/
airports_resources/forms/media/applications/application_sf_424.doc.
    Applicants should fill this form out completely, including the
following:
     Mark Item 1, Type of Submission as a ``pre-application''
and indicate it is for ``construction''.
     Mark item 8, Type of Application as ``new'', and in
``other'', fill in ``Military Airport Program''
     Fill in Item 11, Descriptive Title of Applicants Project.
``Designation (or redesignation) to the Military Airport Program''
     In Item 15a, Estimated Funding, indicate the total amount
of funding requested from the MAP during the entire term for which you
are applying.

Supporting Documentation

    (A) Identification as a Current or Former Military Airport. The
application must identify the airport as either a current or former
military airport and indicate whether it was:
    (1) Closed or realigned under Section 201 of the Defense
Authorization Amendments and Base Closure and Realignment Act, and/or
Section 2905 of the Defense Base Closure and Realignment Act of 1990
(Installations Approved for Closure by the Defense Base Realignment and
Closure Commissions), or
    (2) Closed or realigned pursuant to 10 U.S.C. 2687 as excess
property (bases announced for closure by Department of Defense (DOD)
pursuant to this title after September 30, 1977 (this is the date of
announcement for closure and

not the date the property was deeded to the airport sponsor)), or
    (3) A military installation with both military and civil aircraft
operations. A general aviation airport applying for the MAP may be
joint use but must also qualify under (1) or (2) above.
    (B) Qualifications for MAP:
    Submit documents for (1) through (7) below:
    (1) Documentation that the airport meets the definition of a
``public airport'' as defined in 49 U.S.C. Sec. 47102(20).
    (2) Documentation indicating the required environmental review for
civil reuse or joint-use of the military airfield has been completed.
This environmental review need not include review of the individual
projects to be funded by the MAP. Rather, the documentation should
reflect that the environmental review necessary to convey the property,
enter into a long-term lease, or finalize a joint-use agreement has
been completed. The military department conveying or leasing the
property, or entering into a joint-use agreement, has the lead
responsibility for this environmental review. To meet AIP requirements
the environmental review and approvals must indicate that the operator
or owner of the airport has good title, satisfactory to the Secretary,
or assures that good title will be acquired.
    (3) For a former military airport, documentation that the eligible
airport sponsor holds or will hold satisfactory title, a long-term
lease in furtherance of conveyance of property for airport purposes, or
a long term interim lease for 25 years or longer to the property on
which the civil airport is being located. Documentation that an
application for surplus or BRAC airport property has been accepted by
the Federal Government is sufficient to indicate the eligible airport
sponsor holds or will hold satisfactory title or a long-term lease.
    (4) For a current military airport, documentation that the airport
sponsor has an existing joint-use agreement with the military
department having jurisdiction over the airport. For all first time
applicants a copy of the existing joint-use agreement must be submitted
with the application. This is necessary so the FA can legally issue
grants to the sponsor. Here and in (3) directly above, the airport must
possess the necessary property rights in order to accept a grant for
its proposed projects during FY 2010.
    (5) Documentation that the airport is classified as a ``commercial
service airport'' or a ``reliever airport'' as defined in 49 U.S.C.
47102(7) and 47102(22), unless the airport is applying for the general
aviation slot.
    (6) Documentation that the airport owner is an eligible airport
``sponsor'' as defined in 49 U.S.C. 47102(24).
    (7) Documentation that the airport has an FAA approved airport
layout plan (ALP) and a five-year airport capital improvement plan
(ACIP) indicating all eligible grant projects proposed to be funded
either from the MAP or other portions of the AIP.
    (C) Evaluation Factors:
    Submit information on the items below to assist in our evaluation:
    (1) Information identifying the existing and potential levels of
visual or instrument operations and aeronautical activity at the
current or former military airport and, if applicable, the congested
airport. Also, if applicable, information on how the airport
contributes to air traffic system or airport system capacity. If served
by commercial air carriers, the revenue passenger and cargo levels
should be provided.
    (2) A description of the airport's projected civil role and
development needs for transitioning from use as a military airfield to
a civil airport. Include how development projects would serve to reduce
delays at an airport with more than 20,000 hours of annual delays in
commercial passenger aircraft takeoffs and landings; or enhance
capacity in a metropolitan area or reduce current and projected flight
delays.
    (3) A description of the existing airspace capacity. Describe how
anticipated new operations would affect the surrounding airspace and
air traffic flow patterns in the metropolitan area in or near the
airport. Include a discussion of whether operations at this airport
create airspace conflicts that may cause congestion or whether air
traffic works into the flow of other air traffic in the area.
    (4) A description of the airport's five-year ACIP, including a
discussion of major projects, their priorities, projected schedule for
project accomplishment, and estimated costs. The ACIP must specifically
identify the safety, capacity, and conversion related projects,
associated costs, and projected five-year schedule of project
construction, including those requested for consideration for MAP
funding.
    (5) A description of those projects that are consistent with the
role of the airport and effectively contribute to the joint-use or
conversion of the airfield to a civil airport. The projects can be
related to various improvement categories depending on what is needed
to convert from military to civil airport use, to meet required civil
airport standards, and/or to provide capacity to the airport and/or
airport system. The projects selected (e.g., safety-related,
conversion-related, and/or capacity-related), must be identified and
fully explained based on the airport's planned use. Those projects that
may be eligible under MAP, if needed for conversion or capacity-related
purposes, must be clearly indicated, and include the following
information:

Airside

    [cir] Modification of airport or military airfield for safety
purposes, including airport pavement modifications (e.g., widening),
marking, lighting, strengthening, drainage or modifying other
structures or features in the airport environs to meet civil standards
for airport imaginary surfaces as described in 14 CFP, part 77.
    [cir] Construction of facilities or support facilities such as
passenger terminal gates, aprons for passenger terminals, taxiways to
new terminal facilities, aircraft parking, and cargo facilities to
accommodate civil use.
    [cir] Modification of airport or military utilities (electrical
distribution systems, communications lines, water, sewer, storm
drainage) to meet civil standards. Also, modifications that allow
utilities on the civil airport to operate independently, where other
portions of the base are conveyed to entities other than the airport
sponsor or retained by the Government.
    [cir] Purchase, rehabilitation, or modification of airport and
airport support facilities and equipment, including snow removal,
aircraft rescue, fire fighting buildings and equipment, airport
security, lighting vaults, and reconfiguration or relocation of
eligible buildings for more efficient civil airport operations.
    [cir] Modification of airport or military airfield fuel systems and
fuel farms to accommodate civil aviation use.
    [cir] Acquisition of additional land for runway protection zones,
other approach protection, or airport development.
    [cir] Cargo facility requirements.
    [cir] Modifications, which will permit the airfield to accommodate
general aviation users.

Landside

    [cir] Construction of surface parking areas and access roads to
accommodate automobiles in the airport terminal and air cargo areas and
provide an adequate level of access to the airport.
    [cir] Construction or relocation of access roads to provide
efficient and convenient movement of vehicular traffic to, on, and from
the airport,

including access to passenger, air cargo, fixed base operations, and
aircraft maintenance areas.
    [cir] Modification or construction of facilities such as passenger
terminals, surface automobile parking lots, hangars, air cargo terminal
buildings, and access roads to cargo facilities to accommodate civil
use.
    (6) An evaluation of the ability of surface transportation
facilities (road, rail, high-speed rail, maritime) to provide
intermodal connections.
    (7) A description of the type and level of aviation and community
interest in the civil use of a current or former military airport.
    (8) One copy of the FAA-approved ALP for each copy of the
application. The ALP or supporting information should clearly show
capacity and conversion related projects. Other information such as
project costs, schedule, project justification, other maps and drawings
showing the project locations, and any other supporting documentation
that would make the application easier to understand should also be
included. You may also provide photos, which would further describe the
airport, projects, and otherwise clarify certain aspects of this
application. These maps and ALP's should be cross-referenced with the
project costs and project descriptions.

Redesignation of Airports Previously Designated and Applying for up to
an Additional Five Years in the Program

    Airports applying for redesignation to the Military Airport Program
must submit the same information required by new candidate airports
applying for a new designation. On the SF 424, Application for Federal
Assistance, prescribed by the Office of Management and Budget Circular
A102, airports must indicate their application is for redesignation to
the MAP. In addition to the above information, they must explain:
    (1) Why a redesignation and additional MAP eligible project funding
is needed to accomplish the conversion to meet the civil role of the
airport and the preferred time period for redesignation not to exceed
five years;
    (2) Why funding of eligible work under other categories of AlP or
other sources of funding would not accomplish the development needs of
the airport; and
    (3) Why, based on the previously funded MAP projects, the projects
and/or funding level were insufficient to accomplish the airport
conversion needs and development goals.
    This notice is issued pursuant to Title 49 U.S.C. 47118.

    Issued at Washington, DC, on August 28, 2009.
Wayne Heibeck,
Deputy Director, Office of Airport Planning and Programming.
[FR Doc. E9-21301 Filed 9-3-09; 8:45 am]


[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Proposed Rules]
[Page 50288-50290]
[DOCID:fr31au07-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29066; Directorate Identifier 2007-NM-147-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106,
-201, -202, -301, -311, and -315 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:

    It has been discovered in several cases that clamp bolts of the
elevator spring tab mechanism were not installed in the correct
orientation. Bolts have been found installed with bolt heads on the
lower position and in two cases, some bolts, nuts and washers
[hardware] were found to be loose or missing. Detachment of an
elevator spring tab mechanism clamp bolt could lead to jamming of
the elevator control system and reduced controllability of the
aircraft.

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 October 1, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
     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: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Dan Parrillo, Aerospace Engineer,
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; 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-2007-
29066; Directorate Identifier 2007-NM-147-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 based on those comments.
    We will post all comments we receive, without change, to http://
dms.dot.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

    Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, has issued Canadian Airworthiness Directive CF-
2007-08, dated June 4, 2007 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    It has been discovered in several cases that clamp bolts of the
elevator spring tab mechanism were not installed in the correct
orientation. Bolts have been found installed with bolt heads on the
lower position and in two cases, some bolts, nuts and washers
[hardware] were found to be loose or missing. Detachment of an
elevator spring tab mechanism clamp bolt could lead to jamming of
the elevator control system and reduced controllability of the
aircraft.

The MCAI requires a one-time inspection of the left- and right-hand
elevator spring tab mechanism hardware for correct installation, and
prior to further flight, installing new hardware for any hardware that
is incorrectly installed. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 8-27-106, dated February 7,
2006. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This 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 150 products of U.S. registry. We also estimate that
it would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. Required parts would cost about $0
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. The average labor rate is $80 per work-hour. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $36,000, or $240 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:

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2007-
29066; Directorate Identifier 2007-NM-147-AD.

Comments Due Date

    (a) We must receive comments by October 1, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes; certificated in any
category; serial numbers 003 through 611 inclusive.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

It has been discovered in several cases that clamp bolts of the
elevator spring tab mechanism were not installed in the correct
orientation. Bolts have been found installed with bolt heads on the
lower position and in two cases, some bolts, nuts and washers
[hardware] were found to be loose or missing. Detachment of an
elevator spring tab mechanism clamp bolt could lead to jamming of
the elevator control system and reduced controllability of the
aircraft.

    The MCAI requires a one-time inspection of the left- and right-
hand elevator spring tab mechanism hardware for correct
installation, and prior to further flight, installing new hardware
for any hardware that is incorrectly installed.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD: Carry
out a one-time inspection of the left- and right-hand elevator
spring tab mechanism hardware for correct installation according to
the Accomplishment Instructions of Bombardier Service Bulletin 8-27-
106, dated February 7, 2006.
    (2) If any hardware is found incorrectly installed during the
inspection required by paragraph (f)(1) of this AD, prior to further
flight, install new hardware according to the Accomplishment
Instructions of Bombardier Service Bulletin 8-27-106, dated February
7, 2006.

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, New
York Aircraft Certification 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: Dan Parrillo, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax (516) 794-
5531. 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, 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 Canadian Airworthiness Directive CF-2007-08,
dated June 4, 2007, and Bombardier Service Bulletin 8-27-106, dated
February 7, 2006, for related information.

    Issued in Renton, Washington, on August 17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E7-17282 Filed 8-30-07; 8:45 am]

BILLING CODE 4910-13-P


	Supporting Statement
	for
	Information Collection Request

	Reporting and Recordkeeping Requirements for

	Importation of On-highway Vehicles and Nonroad Engines, Vehicles, and Equipment

	EPA ICR Number 2583.02

	OMB Control Number: 2060-0717

	January 2020

	Compliance Division
	Office of Transportation and Air Quality
	Office of Air and Radiation
	U.S. Environmental Protection Agency

1.    IDENTIFICATION OF THE INFORMATION COLLECTION

(a)  TITLE OF THE INFORMATION COLLECTION

Reporting and Recordkeeping Requirements for Importation of On-highway Vehicles, and Nonroad Engines, Vehicles and Equipment, OMB 2060-0717 EPA ICR 2583.02.

(b)  SHORT CHARACTERIZATION (ABSTRACT)

The Clean Air Act requires that on-highway vehicles, and nonroad vehicles, engines and equipment imported into the U.S. either comply with applicable emission requirements or qualify for an applicable exemption or exclusion.  The Compliance Division (CD) in the Office of Air and Radiation maintains and makes available instruments to importers to help facilitate importation of products at U.S. Borders.  EPA Form 3520-1 is used by importers of on-highway vehicles, and EPA Form 3520-21 is used by importers of nonroad vehicles, engines and equipment.

For EPA Declaration Form 3520-1 and 3520-21, U.S. Customs and Border Protection (CBP) regulations at 19 CFR 12.73 and 12.74 require importers to file the requisite information directly with CBP at the time of entry, with the exception of motor vehicles or stationary, nonroad or heavy-duty highway engines (including engines incorporated into vehicles or equipment). Engines that are imported by the Original Equipment Manufacturer (OEM) and hold an EPA certificate of conformityare labeled accordingly.

EPA makes both forms available on our website in fillable PDF format (http://www.epa.gov/importing-vehicles-and-engines/publications-and-forms-importing-vehicles-and-engines). While EPA does not require that the forms be submitted directly to them, the forms are used by CBP to facilitate the importation of products at U.S. borders.  EPA requires that the forms be kept by importers for a period of 5 years after importation to assist EPA's Office of Enforcement and Compliance Assurance (OECA) and CBP in locating information should any issues arise with any given importation.

In 2016, CBP deployed the Automated Commercial Environment (ACE).  ACE has become the primary system through which the trade community and other importers report imports and exports. Through ACE as the Single Window, manual processes have been streamlined and automated, and paper submissions (e.g. fillable PDFs) have been significantly reduced.  During the development of ACE, EPA worked with CBP to incorporate the information detailed on both EPA forms into ACE.  Rather than file hard copy forms, importers will log into ACE and check boxes that correspond to information elements currently found on the forms.  Filers using the ACE interface will also receive transaction information that will be kept by the filer. However, EPA will continue to maintain the forms on our website in fillable PDF format.  Although importers are expected to use the ACE interface to submit information, the PDF versions of the form can also submitted directly into ACE by importers.

Information collected includes identification of the importer, the entry date, the manufacturer, the test group/engine family name, engine model and serial number, EPA exemption number if applicable, and bond information if applicable, and an indication of the regulatory category of vehicle, engine, or equipment of the relevant regulatory provision under which it is being imported. The information is submitted directly into ACE or can be submitted by filling in the applicable EPA declarations form and submitted to CBP at the time of importation.  Importers must also make the information available to EPA upon request.  The information is used to monitor compliance of imports with the law and regulations and to respond to inquiries from the public concerning the compliance status of specific imported engines.

EPA also makes available upon request EPA Form 3520-8 upon request for on-highway vehicles. This form is used by independent commercial importers (ICIs) to request final admission (as opposed to initial declaration) of nonconforming vehicles. This only applies to light-duty vehicle importers who participate in the ICI program under 40 CFR Part 85, Subpart P. Because the ICI program is very small by nature, this form has not yet been incorporated into ACE as have forms 3520-1 and 3520-21 and will continue to be made available upon request as a fillable PDF form.

The following Terms of Clearance were issued for the previous information collection request (ICR) renewal:

"In accordance with 5 CFR 1320, the information collection is approved for three years with the following additional terms of clearance. Prior to the resubmission of the collection, (1) EPA will review information obtained through an on-going International Trade Data System (ITDS) pilot program and the Cargo Time Release Study regarding the utility of continuing this information collection and any potential burden reducing initiatives that may be undertaken to streamline these requirements. (2) In addition, the agency will review the current burden estimates associated with the information collection to accurately assess the burden estimate including the number of respondents, burden hours, and costs associated with the collection. The burden estimate should take into account the time and cost expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency consistent with 1320.3(b)(1)."

The EPA addressed the Terms of Clearance by looking at data collected during the ITDS pilot which was conducted by Customs and Border Protection (CBP) on a limited basis in 2016, as they rolled out electronic reporting in the Automated Commercial Environment system.  While the ITDS pilot was informative, the burden estimates in this renewal are based on the data supplied to us by CBP for calendar year 2019, which gives a more accurate accounting of how many forms are actually being filed with CBP.

2.   NEED FOR AND USE OF THE COLLECTION

(a)  NEED/AUTHORITY FOR THE COLLECTION

Joint EPA and CBP regulations at 40 CFR 90.601 et seq. and 19 CFR 12.73 and 12.74 promulgated under the authority under the Clean Air Act (Sections 203, 208 and 213) give authority for the collection of information.  The collection of this information helps ensure the compliance of imported vehicles, engines, and equipment with Federal emissions requirements, which helps meet the Agency goal of reducing air pollution.  Without this information, EPA and CBP could not confirm that vehicles, engines and equipment being imported conform to the emission requirements of the Act or are appropriately eligible for an exemption from meeting the emissions requirements of the Act.

(b)  PRACTICAL UTILITY/USERS OF THE DATA

While EPA does not collect the forms directly from importers, we may ask for them upon request to assist CPB and/or EPA enforcement personnel for any given import for which there are questions or issues.  The forms are primarily used by CBP at the time of importation to assist CBP in making determination if entry should be allowed.  This information may also be used by CBP or EPA's enforcement personnel to verify that all vehicles, engines and equipment subject to Federal emission requirements have been declared upon entry or that the category of exclusion or exemption from emissions requirements has been identified in the declaration.  The information is also used to identify and prosecute violators of the regulations. EPA staff with the appropriate clearances also have access to the ACE system and can view the data directly in the system.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

(a)  NONDUPLICATION

Because the information collected is specific to identifying the appropriate regulated category and appropriate regulatory provisions for imported vehicles, engines and equipment under the Clean Air Act, the information is uniquely specific to EPA.  With the paper forms, it was not practical to combine the information contained on the forms with other programs or agencies. However, with the ACE Single Window, importers will now be able file the information electronically directly with CBP.

(b)  PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

EPA issued a Federal Register notice on November 18, 2019 (84 FR 63653) to solicit comments on this ICR.  No comments were received.

(c)  CONSULTATIONS

The following representatives and manufacturers of imported vehicles, engines, and equipment provided feedback on the current process.  EPA has also used data collected from the ACE system to help refine previous burden estimates.

Larry Keller
Polaris Industries
2100 Highway 55
Medina, MN 55340

Jennifer Kamarek
Compliance Specialist
Vandegrift Customs Brokerage
500 E. Main Street
Norfolk, VA  23510

Kent Zielsdorf
Caterpillar
10 SW Washington
Peoria, IL  61602

(d)  EFFECTS OF LESS FREQUENT COLLECTION

The forms are provided to CBP by the importer only when the products arrive at the port to assist CBP in facilitating entry of the products.  Therefore, less frequent collection is not feasible.  Note that one form or ACE entry per shipment may be used, provided attachments including all the information required to describe each engine is included.

(e)  GENERAL GUIDELINES

Forms 3520-1 and 3520-21, are only filed with CBP once at the time entry. For form 3520-8, this ICR requires that ICIs notify EPA when requesting final admission for vehicles and this may occasionally result in reporting more often than quarterly if vehicles are tested and ready for sale more frequently than quarterly.  This requirement is necessary for EPA to have the opportunity to inspect vehicles prior to release from the ICI.  If EPA only required quarterly reports, either the ICI would have to hold vehicles and release them on a quarterly basis or EPA would not likely have the opportunity to inspect or require confirmatory testing of vehicles imported by the ICI.

(f)  CONFIDENTIALITY

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to policies set forth in Title 40, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information (see 40 CFR 2.201 et seq.).  The public is not permitted access to information containing personal or organizational identifiers.

(g) SENSITIVE QUESTIONS

 No sensitive questions are asked.

4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

(a)  RESPONDENTS/NAICS CODES

Information collected is from individual importers and both small and large companies who import or import and manufacture nonroad engines and recreational vehicles.  The NAICS codes for the respondents are as follows:

Light-duty Vehicles
423110 	Automobile and Other Motor Vehicle Merchant Wholesalers
441200	Other Motor Vehicle Dealers.

Non-road compression ignition engines
333618	Manufacturers of nonroad diesel engines
333111	Manufacturers of farm machinery and equipment
333112	Manufacturers of lawn and garden tractors (home)
333924	Manufacturers of industrial trucks
333120	Manufacturers of construction machinery
333131	Manufacturers of mining machinery and equipment
333132	Manufacturers of oil and gas field machinery and equipment
811112, 811198	Commercial importers of vehicles and vehicle components
33631		Manufacturers of motor vehicle gasoline engine and engine parts
336312	Manufacturers of gasoline engine and engine parts
33639		Manufacturers of other motor vehicle parts

Small nonroad spark-ignition engines
333618	Other engine equipment manufacturing
336312	Gasoline engine and engine parts manufacturing
336999	Other transportation equipment manufacturing
336911	Motorcycle, bicycle and parts manufacturing

Marine outboard and personal watercraft engines
333618	Manufacturers of marine spark ignition engines
333112	Manufacturers of recreational marine vessels
336611	Ship building and repair
336612	Boat building
336999	Other marine outboard and personal watercraft manufacturing
441222	Motorcycle, boat, and other motor vehicle dealers

Locomotive engines
333618			Manufacturers of locomotives and locomotive engines
48211, 482111, 482112	Railroad owners and operators
488210			Engine repair and maintenance

Large marine compression-ignition engines

333618		Manufacturers of marine diesel engines
33661, 346611	Ship and boat building; ship building and repair
811310		Engine repair and maintenance
483			Water transportation, freight and passenger
336612		Boat building (watercraft not built in shipyards and typically of the type suitable or intended for personal use)
441222		Motorcycle, boat, and other motor vehicle dealers

Recreational vehicles, including snowmobiles, all-terrain vehicles, and certain high-speed utility vehicles
336991		Motorcycle manufacturers
336999		Snowmobile and all-terrain vehicle manufacturers
441222		Motorcycle, boat, and other motor vehicle dealers

Large nonroad spark-ignition engines
333618		Manufacturers of new nonroad spark-ignition engines
333111		Manufacturers of farm equipment
333112		Manufacturers of construction equipment
333924		Manufacturers of industrial trucks
811310		Engine repair and maintenance

(b)  INFORMATION REQUESTED

(i)  Data Items

The data requested include:

     	- vehicle or engine identification number
     	- vehicle or engine make
     	- vehicle or engine model
    	 - model year of the vehicle or engine
     	- port of entry

    	 - date of entry
     	- entry number
    	 - importer name, address and telephone number
     	- broker name, address and telephone number (optional)
    	 - owner name, address and telephone number (optional)
    	 - identification of the type of vehicle or engine by regulatory category
     	- identification of the provision under which the vehicle or engine is being imported
    	 -EPA exemption number, if applicable
	- Bond information, if applicable

(ii) Respondent Activities

     To complete the collection, the respondent would:

      -read form instructions
      -collect data and complete forms

Information Requirements for Importation of Motor Vehicles and Motor Vehicle Engines

INFORMATION REQUIREMENTS				CITATION

I. ICI requirements
- Reporting
- Application for final admission   				85.1505(a)
   (certified)
- Reasonable assistance during inspection, 			85.1506(c),(g)(4)
   including copies of records or documents 			85.1506(b)(2)
- Application for final admission   				85.1509(b)
   (modification/test)
- Repair and retest						85.1509(g)
- Maintenance instructions, attestation, 			85.1510(a)
   parts list
- Altitude compensator instructions, attestation 		85.1510(b)
- Emission warranties, attestation   				85.1510(c)
- Emission labeling, attestation   				85.1510(d)
- Fuel economy labeling, attestation 				85.1510(e)
- Gas guzzler tax forms, attestation 				85.1510(f)
- Reply to notice of suspension or  				85.1513(f)(3)(ii),
   revocation      						85.1513(f)(3)(iv)
   								85.1513(f)(6)
- Request for hearing    					85.1513(f)(3)(iii)

Recordkeeping
- Certification, modification, test, purchase, 			85.1507
   sale, storage, registration, importation
- Owners or ultimate purchasers 				85.1508(b)
- Maintenance instructions, parts list, 			85.1510
   altitude compensator instructions,
   emission warranties, emission labeling,
   fuel economy labeling

II. Requirements applying to all importers

- Notification of conditional admission 			85.1504(a)
- Request for prior approval (exemption), 			85.1511(b),(g)
   request for extension of exemption
- Request for prior approval (exclusion)			85.1511(c)-(g)
- Attestations, copy of paid invoice 				85.1512(f)
- Claim of confidentiality    					85.1514

Information Requirements for Importation of All Nonroad Vehicles, Engines, and Equipment

INFORMATION REQUIREMENTS			     	CITATION

I.  Requirements applying to all importers

General provisions						1068.301
Applying for Exemptions or Exclusions 			1068.305
Available Exclusions						1068.310
Permanent Exemptions					1068.315
Temporary Exemptions 					1068.325
Penalties for Violations					1068.335
Restrictions to Assigning a Model Year			1068.360

5.  THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

(a)  AGENCY ACTIVITIES

The EPA Compliance Division does not collect the forms, but rather makes them available to importers and CBP to facilitate entry of goods at the port.  The EPA's Compliance Division  and/or EPA's enforcement office may ask for them upon request to assist CBP and/EPA enforcement personnel for any given import for which there are questions or issues.  The forms are primarily used by CBP at the time of importation to assist CBP in determining if entry should be allowed.

(b)  COLLECTION METHODOLOGY AND MANAGEMENT

CBP and EPA use the information to facilitate entry at the port to asses if vehicles, engines, and equipment meet EPA requirements, or are eligible for an applicable exemption.  EPA does not collect the forms from importers.  As described above, CBP is moving toward the electronic collection of the data elements contained on the forms that will streamline the reporting and recordkeeping burdens.  With the implementation of ACE, importers will receive a transaction number which they will be required to maintain so that the importation records can be retrieved from the ACE database if needed.

(c)  SMALL ENTITY FLEXIBILITY

Small entities are required to submit the information covered by this ICR when applicable. There is no exemption for small entities.

(d) COLLECTION SCHEDULE

The information is not subject to a collection schedule, but is collected at the time of entry and, in the event of an ICI import, when the vehicle is ready for approval by EPA of final admission.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN (Hours)

Each form is estimated to take 0.5 hours to complete. Completing required post-certification testing for ICIs is estimated to take 23 hours per test to complete.  EPA estimates .25 hours for recordkeeping requirements for each ICI.

6(b) ESTIMATING RESPONDENT COST

(i) Labor Costs

Rates for engineering managers, mechanical engineers, and secretaries (except legal, medical, and executive) are from the May 2018 BLS National Occupational Employment and Wage Estimates (http://www.bls.gov/oes/current/oes_nat.htm, accessed  October 21, 2019). With a 2.1 overhead multiplier, these are $150.40, $ 93.7, and $ 50.76, respectively. Test labor costs are $66.50 per hour.

(ii) Estimating Capital and Operations and Maintenance Costs

Capital/start-up costs are predominantly incurred by ICIs during the required certification process, which is covered by other ICRs.  ICIs in the on-road program typically obtain the necessary testing and certification work from a broker, who also provides testing services, or who obtains from a testing facility the test results necessary for the final importation form.

(iii) Capital/Start-up vs. Operating and Maintenance Costs

The only Operating and Maintenance (O&M) costs associated with this ICR are incurred by ICIs during the required certification process, which is covered by other ICRs.

      In the previously approved ICR, EPA estimated these costs to be $48,064.  However, as stated above, these costs are already accounted for in another EPA ICR that covers EPA's light duty certification program (Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission Standards (EPA ICR No. 0783.65, OMB Control No. 2060-0104).  Therefore, with the renewal of this ICR, we are zeroing out the capital and O&M costs in this ICR. The burden totals have been updated accordingly.

6(c) ESTIMATING AGENCY BURDEN AND COST

The imports program is administered by EPA's Compliance Division.  Forty percent of one Full Time Equivalent employee (FTE), GS 12/3; twenty percent of one Senior Environmental Employment (SEE) Program employee (about 400 hours); and a portion of the work assignment under a government contract are allocated to imports activities. Based on the 2019 Office of Personnel GS pay schedule for Detroit, EPA estimates a forty percent annual salary of $34,889 for the EPA FTE, and $24,000 for the SEE.  We then multiply the hourly rate by the standard government benefits multiplication factor of 1.6, for a cost of $55,822 for the EPA FTE, plus $38.400 for the SEE, and $140,000 for the contractor.

6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN COSTS

Reporting, Recordkeeping, and Testing Burdens for Form 3520-8:			1,985 hrs
Reporting and Recordkeeping Burdens, Forms 3520-1 and 3520-21:		80,000 hrs
Total Hours										81,985 hrs

Recording, Recordkeeping, and Testing for Form 3520-8:				$ 183,899
Reporting and Recordkeeping Burdens, Forms 3520-1 and 3520-21:		$ 4,060,800
Total Cost										$ 4,244,699

6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES

 Respondent Tally

The information collection estimates 14,810 respondents at an estimated labor cost of $4,244,699.

 The Agency Tally

The total EPA estimated burden is $158,676 and includes FTE, SEE, and contractor activities to support imports activities.

6(f) REASONS FOR CHANGE IN BURDEN

Other ICRs that previously included these forms based the burdens on an estimate of the actual forms that may be filled in and provided to CBP by importers.  Because EPA does not collect the forms, nor did CBP have a tracking system to count the actual number of paper forms they collect, it was difficult to provide an accurate count of the number of forms being filed with CBP.  Therefore, the number of responses had been carried over from the previous approved ICRs.

With the deployment of the ACE system, we are now able to have a much more accurate count of the number of forms that are being filed.  Based on data we looked at for fiscal year 2019 (October 1, 2019  -  September 30, 2019), it appears that the number of entries being filed may be approximately 160,000 per year instead of the 14,000 that had been estimated in previous ICRs.   As a result, the burden estimates have increased significantly due to having a better account of how many forms are being filed.  Because the ACE system is still relatively new, we are continuing to work with CBP to fully understand the data being collected, and we expect that future burden estimates could change as CBP, EPA, and the importers who submit the data gain more experience using the system and analyzing the data collected.

In the previously approved ICR, EPA estimated capital/start-up and O&M costs to be $48,064.  However, as stated above, these costs are already accounted for in another EPA ICR that covers EPA's light duty certification program (Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission Standards (EPA ICR No. 0783.65, OMB Control No. 2060-0104).  Therefore, with the renewal of this ICR, we are zeroing out the capital and O&M costs. The burden totals have been updated accordingly.

6(g) BURDEN STATEMENT

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 45 minutes per response (30 minutes for reporting and 15 minutes for recordkeeping).  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 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 and 48 CFR chapter 15.

 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2016-0094, which is available for online viewing at www.regulations.gov,  or in person viewing at the Office of Air and Radiation docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Office of Air and Radiation is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.

 Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID EPA-HQ-OAR-2016-0094 and OMB Control Number 2060-0717 in your correspondence.


[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36635-36636]
[FR Doc No: 2023-11554]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2023-0474]

Agency Information Collection Activities: Requests for Comments;
Clearance of Approval of Continuing Information Collection: Privacy
International Civil Aviation Organization (ICAO) Address (PIA)
Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments about their intention to request Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on February 28, 2023. This is a correction to a previously
published notice with the incorrect closing date. The collection
involves an aircraft operator's request for a privacy ICAO address
through a web-based application process. The information to be
collected is necessary to qualify for the authorized use of the privacy
ICAO address services and for monitoring to support continued
airworthiness and enforcement activities.

DATES: Written comments should be submitted by July 5, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    By mail: Send comments to FAA at the following address: Mr. Evan
Setzer, Program Manager, Service and Broadcast Services (AJM-42),
Program Management Organization, Federal Aviation Administration, 600
Independence Ave. SW, Wilbur Wright Building, Washington, DC 20597

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Mr. Jamal Wilson, Surveillance and Broadcast
Services, AJM-42, PIA Project Lead at<PHONE_NUMBER>, or at
[email protected].

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information.
    OMB Control Number: 2120-0779
    Title: Privacy International Civil Aviation Organization (ICAO)
Address (PIA)
    Form Numbers: Not applicable
    Type of Review: Renewal of an information collection
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on February 28, 2023 (88 FR 12715). In 2010, the FAA
issued a final rule mandating equipage requirements and performance
standards for Automatic Dependent Surveillance-Broadcast (ADS-B) Out
avionics on aircraft operating in certain airspace after December 31,
2019. Aircraft operators must be equipped with ADS-B Out to fly in most
controlled airspace. Federal Regulations 14 CFR 91.225 and 14 CFR
91.227 contain requirement details. Each registered aircraft is
assigned an aircraft registration number and an ICAO 24-bit aircraft
address. This is also referred to as a ``Mode S Code'' in some FAA
documents and websites, including the FAA Aircraft Registry. Where a
1090-MHz Extended Squitter (1090ES) transponder is required for ADS-B
Out compliance, this ICAO 24-bit aircraft address, based on current
transponder avionics standards, is openly broadcasted on the 1090 MHz
frequency in transponder replies and

ADS-B messages. Subsequently, the nature of openly broadcasting makes
the identity of the aircraft publicly available. Industry stakeholders
have long suggested that FAA develop a process for aircraft operators
who seek anonymity such that their aircraft movements and identity
cannot be traced or seen by privately owned sensors that monitor the
1090 MHz frequency and combine this with other downlinked ADS-B and
Mode S data being disseminated using the internet. The FAA intends to
develop a process for operators who wish to mask their aircraft
movements and identity for a period while flying within the sovereign
airspace of the United States. Participation in the assignment of
privacy ICAO Code addresses is voluntary. Only U.S. registered aircraft
can be assigned a privacy ICAO aircraft address. No operator can use a
privacy ICAO aircraft address for a U.S.- registered aircraft unless
that operator is authorized to use a third-party flight identification
for that same aircraft. No unique privacy ICAO address will be assigned
to more than one U.S.- registered aircraft at any given time. Once
approved, the operator will be assigned a privacy ICAO address. The
operator will be required to notify the FAA when their avionics have
been loaded with the assigned temporary ICAO 24-bit aircraft address.
Owners and operators must verify that the ICAO 24-bit aircraft address
(Mode S code) broadcast by their ADS-B equipment matches the assigned
privacy ICAO address for their aircraft. Operators can verify what ICAO
24-bit aircraft address is being broadcast by their aircraft by
visiting: https://adsbperformance.faa.gov/PAPRRequest.aspx . For
monitoring privacy ICAO address use, the information will be downloaded
by the FAA and entered into the FAA's ADS-B Performance Monitor [Docket
No. FAA-2017-1194 published in Federal Register, December 20, 2017, as
Document Number: 2017-27202].

Respondents

    Intended for operators who seek anonymity such that their aircraft
movements and identity cannot be easily traced or seen by privately
owned sensors that monitor the 1090 MHz frequency. FAA estimates up to
15,000 respondents.
    Frequency: Frequency will be occasional based on specific
scenarios. An operator can change privacy ICAO aircraft addresses, but
no more often than once every 20 days. In the event real-world security
concerns become evident, an operator can elect to change their PIA
address sooner than 20 days.
    Estimated Average Burden per Response: Approximately 15 minutes per
application.
    Estimated Total Annual Burden: 12,563 hours.

Stanton Brunner,
In-Service Performance and Sustainment (AJM-422), Federal Aviation
Administration.
[FR Doc. 2023-11554 Filed 6-2-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 30, 2008 (Volume 73, Number 211)]
[Proposed Rules]
[Page 64573-64575]
[DOCID:fr30oc08-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0661; Airspace Docket No. 08-AAL-19]
RIN 2120-AA66

Proposed Establishment of Colored Federal Airway; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Colored Federal Airway Blue
7 (B-7), in Alaska. This action would add to the Instrument Flight
Rules (IFR) airway and route structure in Alaska by providing IFR
connectivity between Bethel, AK and Cape Newenham, AK. The FAA is
proposing this action to enhance safety and improve the management of
air traffic operations in the State of Alaska.

DATES: Comments must be received on or before December 15, 2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2008-
0661 and Airspace Docket No. 08-AAL-19 at the beginning of your
comments. You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,

Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2008-0661 and Airspace Docket No. 08-AAL-19) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2008-0661, Airspace Docket No. 08-AAL-19.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Regional Air Traffic Division, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Colored Federal Airway B-7
between Bethel and Cape Newenham, AK. This action would add to the IFR
airway and route structure in Alaska by providing IFR connectivity
between Bethel, AK and Cape Newenham, AK. The FAA is proposing this
action to improve the management of air traffic operations in the State
of Alaska and to enhance safety.
    Colored Federal Airways are published in paragraph 6009 of FAA
Order 7400.9R, signed August 15, 2007, and effective September 15,
2007, which is incorporated by reference in 14 CFR 71.1. The Colored
Federal Airways listed in this document will be published subsequently
in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation, as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
because it proposes to create a Federal Airway within the State of
Alaska and represents the FAA's continuing effort to safely and
efficiently use the navigable airspace.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007 and effective September 15, 2007, is amended as follows:

Paragraph 6009(d) Blue Federal Airways

* * * * *

B-7 [New]

    From Oscarville, AK, NDB; to the Cape Newenham, AK, NDB.
* * * * *

    Issued in Washington, DC, on October 22, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E8-25940 Filed 10-29-08; 8:45 am]

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[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48822-48824]
[FR Doc No: 2018-21038]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-2969]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Assessment of Combination Product Review Practices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information and to
allow 60 days for public comment in response to the notice. This notice
solicits comments on a proposed information collection involving
interviews with entities that submit a Request for Designation (RFD) or
pre-RFD, an Investigational New Drug (IND) application or pre-IND
request, or a New Drug Application (NDA) or Biologics License
Application (BLA) for a combination product to FDA.

DATES: Submit either electronic or written comments on the collection
of information by November 26, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before November 26, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of November 26, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-2969 for ``Assessment of Combination Product Review
Practices.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including

the claimed confidential information, in its consideration of comments.
The second copy, which will have the claimed confidential information
redacted/blacked out, will be available for public viewing and posted
on https://www.regulations.gov. Submit both copies to the Dockets
Management Staff. If you do not wish your name and contact information
to be made publicly available, you can provide this information on the
cover sheet and not in the body of your comments and you must identify
this information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Assessment of Combination Product Review Practices

OMB Control Number 0910--NEW

    In 1991, FDA's Center for Biologics Evaluation and Research (CBER),
Center for Drug Evaluation and Research (CDER), and Center for Devices
and Radiological Health (CDRH) entered into ``Intercenter Agreements''
to provide guidance on the classification and assignment of medical
products and to clarify jurisdiction over combination product reviews.
With the enactment of the Medical Device User Fee and Modernization Act
(MDUFMA) of 2002, FDA aimed to achieve prompt assignment of combination
products, timely and effective premarket reviews, and consistent and
appropriate postmarket regulation through the establishment of the
Office of Combination Products (OCP). Since then, OCP has operated to
further standardize combination product guidance to FDA and industry
and facilitate coordination between FDA's medical product review
Centers. As part of the 2017 reauthorization of the Prescription Drug
User Fee Act (PDUFA), FDA committed to advance the development of drug-
device and biologic-device combination products regulated by CDER and
CBER through modernization of the combination product review program.
To that end, FDA committed to contracting with an independent third
party to assess current practices for combination drug product review,
to include interviews with combination product sponsors and applicants.
The contractor for the assessment of combination drug product review
practices is Eastern Research Group, Inc. (ERG).
    Therefore, in accordance with the PDUFA VI Commitment Letter, FDA
proposes to have ERG conduct independent interviews of combination
product sponsors and applicants during the data collection period as
follows:
     Sponsors with a Request For Designation (RFD) or pre-RFD
submitted during the data collection period.
     Sponsors with a combination product Investigational New
Drug (IND) or pre-IND submitted during the data collection period.
     Applicants with a combination product New Drug Application
(NDA) or Biologics License Application (BLA) that receives a first-
cycle action from FDA during the data collection period.
    The purpose of these interviews is to collect voluntary feedback
from combination product sponsors and applicants on their experience
with FDA during the development and review of their products, including
any challenges or best practices. ERG will anonymize and aggregate
sponsor/applicant responses prior to inclusion in the assessment. ERG
will use interview responses to complement and supplement data on
combination product review parameters obtained through other means,
such as extraction of data from FDA corporate databases and interviews
with FDA review staff. FDA will publish ERG's assessment (with
interview results and findings) on the Agency's public website and a
link to the assessment in the Federal Register for public comment.
    Sponsors submit approximately 150 to 180 RFDs/pre-RFDs and 200 to
240 combination product original INDs/pre-INDs per year. ERG will
interview 1 to 3 sponsor representatives at a time for up to 35 RFDs/
pre-RFDs and 48 INDs received by FDA--up to 105 RFD/pre-RFD and 144
IND/pre-IND sponsor representatives per year. FDA typically reviews
approximately 25 to 30 combination product original NDAs and original
BLAs per year. ERG will interview 1 to 3 applicant representatives at a
time for each application that receives a first-cycle action from FDA--
up to 90 representatives per year. Thus, FDA estimates the burden of
this collection of information as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
        Portion of study             Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response         \1\
----------------------------------------------------------------------------------------------------------------
Pre-test........................               5               1               5             1.5             7.5
Interviews......................             339               1             339             1.5           508.5
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             516
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    ERG will conduct a pretest of the interview protocol with five
respondents. FDA estimates that it will take 1.0 to 1.5 hours to
complete the pretest, for a total of a maximum of 7.5 hours. FDA
estimates that up to 339 respondents will take part in the interviews
each year, with each interview lasting 1.0 to 1.5 hours, for a total of
a maximum of 508.5 hours. Thus, the total estimated annual burden is
516 hours. FDA's burden estimate is based on prior experience with
similar interviews with the regulated community.

    Dated: September 21, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21038 Filed 9-26-18; 8:45 am]
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[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8727-8729]
[FR Doc No: 2021-02616]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0487; FRL-10018-69-Region 3]

Air Plan Approval; West Virginia; 2020 Amendments to West
Virginia's Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of West Virginia. This revision updates West Virginia's
incorporation by reference of EPA's national ambient air quality
standards (NAAQS) and the associated monitoring reference and
equivalent methods. This action is being taken under the Clean Air Act
(CAA).

DATES: Written comments must be received on or before March 11, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0487 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located

outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, PA 19103. The telephone number is<PHONE_NUMBER>. Ms.
Nichols can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 5, 2020, the West Virginia
Department of Environmental Protection (WVDEP) submitted a formal
revision to its SIP pertaining to the amendments of Legislative Rule,
45CSR8-Ambient Air Quality Standards. The SIP submittal updates West
Virginia's incorporation by reference of the NAAQS promulgated by EPA
and found at 40 CFR part 50 and ambient air monitoring reference
methods and equivalent methods promulgated by EPA and found at 40 CFR
part 53 into West Virginia's legislative rules.

I. Summary of SIP Revision and EPA Analysis

    WVDEP has historically chosen to incorporate by reference the
Federal NAAQS, found at 40 CFR part 50, and the associated Federal
ambient air monitoring reference methods and equivalent methods for
these NAAQS found at 40 CFR part 53. When incorporating by reference
these Federal regulations, WVDEP has specified that it is incorporating
by reference these regulations as they existed on a certain date. The
incorporation by reference of the NAAQS that is currently approved in
the West Virginia SIP incorporates by reference 40 CFR parts 50 and 53
as they existed on June 1, 2018. West Virginia's June 5, 2020 SIP
revision updates the State's incorporation by reference of the primary
and secondary NAAQS and the ambient air monitoring reference and
equivalent methods, found in 40 CFR parts 50 and 53, respectively, as
of June 1, 2019. Since the last West Virginia incorporation by
reference of June 1, 2018, EPA: (1) Reviewed the primary NAAQS for
sulfur oxides (SOX), as required by CAA section 109(d), and
retained the current 1-hour and annual sulfur dioxide (SO2)
NAAQS without revision; (2) designated one new equivalent method for
measuring concentrations of ozone in the ambient air; (3) designated
one new reference method for measuring concentrations of nitrogen
dioxide in ambient air; and (4) designated one new reference method for
measuring concentrations of carbon monoxide in ambient air. See 84 FR
9866 (March 18, 2019), 84 FR 11973 (March 29, 2019), 84 FR 50833
(September 26, 2019), and 84 FR 24508 (May 28, 2019).
    The amendments to the legislative rule include changes to section
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments
update West Virginia's incorporation by reference of the primary and
secondary NAAQS and the ambient air monitoring reference and equivalent
methods from June 1, 2018 to June 1, 2019. West Virginia is
incorporating the Federal rules in 40 CFR parts 50 and 53 as they
existed on June 1, 2019 into 45-8-1 and 45-8-3.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision of June
5, 2020 updating the incorporation by reference of EPA's NAAQS and
associated ambient air monitoring reference methods and equivalent
methods. EPA is soliciting public comments on the update to West
Virginia's incorporation by reference. Please note that EPA is not
seeking public comment on the level of the NAAQS which West Virginia
incorporated by reference into its regulations. An opportunity for
public comment on the level of each individual NAAQS was given when EPA
proposed each such NAAQS. Relevant comments will be considered before
taking final action.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference 45CSR8, as effective on June 1, 2020. EPA has made, and will
continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a ``significant regulatory
action'' under Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking, proposing to approve the
West Virginia SIP revision updating its incorporation by reference of
EPA's NAAQS and associated ambient air monitoring reference methods and
equivalent methods, does not have tribal implications as specified by
Executive

Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the State, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02616 Filed 2-8-21; 8:45 am]
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