                           SUPPORTING STATEMENT FOR
                INFORMATION COLLECTION REQUEST NUMBER 2078.07:
                "EPA'S ENERGY STAR[(R)] PRODUCT LABELING"

                                 June 17, 2019

                                 Prepared by:

                     U.S. Environmental Protection Agency
                          Office of Air and Radiation
                   Climate Protection Partnerships Division

                               Table of Contents

1	IDENTIFICATION OF THE INFORMATION COLLECTION	3
1.a	TITLE OF THE INFORMATION COLLECTION	3
1.b	SHORT CHARACTERIZATION/ABSTRACT	3
2	NEED FOR AND USE OF THE COLLECTION	5
2.a	NEED/AUTHORITY FOR THE COLLECTION	5
2.b	PRACTICAL UTILITY/USERS OF THE DATA	5
3	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	5
3.a	NONDUPLICATION	6
3.b	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB	6
3.c	CONSULTATIONS	6
3.d	EFFECTS OF LESS FREQUENT COLLECTION	8
3.e	GENERAL GUIDELINES	8
3.f	CONFIDENTIALITY	8
3.g	SENSITIVE QUESTIONS	8
4	THE RESPONDENTS AND THE INFORMATION REQUESTED	8
4.a	RESPONDENTS AND NAICS CODES	8
4.b	INFORMATION REQUESTED	9
5	INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	14
5.a	AGENCY ACTIVITIES	14
5.b	COLLECTION METHODOLOGY AND MANAGEMENT	16
5.c	SMALL ENTITY FLEXIBILITY	16
5.d	COLLECTION SCHEDULE	16
6	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	16
6.a	ESTIMATING RESPONDENT BURDEN	16
6.b	ESTIMATING RESPONDENT COSTS	17
6.c	ESTIMATING AGENCY BURDEN AND COSTS	17
6.d	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS	18
6.e	BOTTOM LINE BURDEN HOURS AND COSTS	27
6.f	REASONS FOR CHANGE IN BURDEN	28
6.g	BURDEN STATEMENT	31

 1	IDENTIFICATION OF THE INFORMATION COLLECTION

      1.a	TITLE OF THE INFORMATION COLLECTION

	This ICR is entitled "EPA's ENERGY STAR[(R)] Product Labeling." (EPA ICR No. 2078.07, OMB Control Number 2060-0528)

      1.b	SHORT CHARACTERIZATION/ABSTRACT

	Section 324 of the Energy Policy and Conservation Act directs the Environmental Protection Agency and the Department of Energy to implement "a voluntary program to identify and promote energy - efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of or other forms of communication about products and buildings that meet the highest energy efficiency standards." Operating under this authority, EPA's ENERGY STAR program is a voluntary public/private partnership program that creates self-sustaining markets for energy efficient products. The centerpiece of the program is the ENERGY STAR label, a registered certification label that helps consumers identify products that save energy, save money, and help protect the environment without sacrificing quality or performance. In order to protect the integrity of the label and enhance its effectiveness in the marketplace, EPA must ensure that products carrying the label meet appropriate program requirements.

 	EPA partners with retailers, energy efficiency program sponsors (EEPS), and product brand owners who wish to use the ENERGY STAR label to differentiate products as more energy efficient.  Retailers, EEPS, and product brand owners sign and submit a Partnership Agreement Form and Participation Form to indicate that they voluntarily agree to fulfill the relevant program requirements. These forms are collectively referenced in this ICR as a Partnership Application (PA). Products that are labeled as ENERGY STAR by product brand owner partners undergo third-party certification. EEPS Partners agree to promote energy efficiency as an easy and desirable option for organizations and consumers to prevent pollution, protect the global environment, and save on energy bills.  Retail partners sell, market, and promote ENERGY STAR certified products.

 	Prior to labeling a product as ENERGY STAR, partners have eligible products tested in an EPA-recognized laboratory and certified by an EPA-recognized third-party certification body (CB).  To minimize the burden on Partners, EPA maintains an automated data exchange with CBs.  The CBs share information with EPA on products they review from EPA-recognized laboratories during the certification process.  The XML-based data exchange allows the CBs to automatically transmit information on certified products to EPA from their database via web services.  This automated system eliminates the need for paper submissions.  EPA runs a series of automated validations to ensure the integrity of the data and confirm the credentials of the organizations associated with the data prior to incorporating it into the ENERGY STAR product database.  EPA then provides the relevant information to consumers and purchasers in user-friendly formats that facilitate the purchase of energy efficient products.

 	The certification process also includes requirements for CBs to report to EPA products that were reviewed, but not eligible for certification, as well as to conduct post-market verification testing of a sampling of ENERGY STAR certified products.  CBs complete a minimum amount of verification testing and share information with EPA on products verified twice a year.  CBs report to EPA any post-market test data indicating a product may no longer meet the program requirements.  This process helps maintain consumer confidence in the ENERGY STAR label and protect the investment of Partners.

	While most product-related information is provided by CBs, Partners are asked to submit to EPA annual unit shipment data for their ENERGY STAR certified products.  EPA is flexible as to the methods Partners may use to submit unit shipment data.  For example, if Partners already submit this type of information to a third party, such as a trade association, they are given the option of arranging for shipment data to be sent to EPA via this third party to avoid duplication of efforts and to ensure confidentiality.

 	Finally, Partners that wish to receive recognition for their efforts in ENERGY STAR may submit an application for the Partner of the Year Award. Partners that have ENERGY STAR certified central air conditioners, air-source heat pumps, furnaces, geothermal heat pumps, and windows that meet the ENERGY STAR Most Efficient criteria may submit an application to gain ENERGY STAR Most Efficient recognition.

          Today, more than 90% of the American public recognizes the ENERGY STAR label.  Thus, even though participation in the ENERGY STAR program is voluntary, most producers seek to satisfy its criteria.  Currently ENERGY STAR has over 1,800 manufacturing Partners covering more than 60,000 certified product models in more than 75 product categories. Americans purchased more than 300 million ENERGY STAR certified products and more than 300 million ENERGY STAR certified light bulbs in 2017. Partners see the ENERGY STAR label as a useful and effective marketing tool for highlighting the energy efficiency of their products to consumers and others.  In addition, ENERGY STAR provides Partners with recognition as environmental leaders. More than 700 utilities, state and local governments, and nonprofits leverage ENERGY STAR in their efficiency programs, reaching roughly 95% of households in all 50 states. By choosing ENERGY STAR, a typical household can save about $575 on their energy bills. With the help of ENERGY STAR, Americans prevented approximately 290 million metric tons of greenhouse gas emissions and $30 billion in energy costs in 2017 alone.

2	NEED FOR AND USE OF THE COLLECTION

      2.a	NEED/AUTHORITY FOR THE COLLECTION
Section103(g) of the Clean Air Act directs EPA to "develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention... with opportunities for participation by [stakeholders]... including SOx, NOx... CO2... including end-use efficiency, and fuel-switching to cleaner fuels." (42 USC Section 7403g)
In 2005, Congress enacted the Energy Policy Act. Section 131 of the Act amends Section 324 of the Energy Policy and Conservation Act, and directed the Environmental Protection Agency and the Department of Energy to implement "a voluntary program to identify and promote energy - efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of or other forms of communication about products and buildings that meet the highest energy efficiency standards."  The Act further directs EPA and DOE to "(1) promote ENERGY STAR compliant technologies as the preferred technologies in the marketplace for (A) achieving energy efficiency; (B) and reducing pollution; (2) work to enhance public awareness of the ENERGY STAR label, including providing special outreach to small businesses; (3) preserve the integrity of the ENERGY STAR label; (4) regularly update Energy Star product criteria for product categories;" and to solicit comments from interested parties prior to establishing/revising ENERGY STAR product categories, specifications, or criterion. (42 USC Section 6294a)
Collecting information from ENERGY STAR Partners and their representatives is necessary to achieve this mandate and document results.
      2.b	PRACTICAL UTILITY/USERS OF THE DATA

      EPA uses information from organizations joining the program to ascertain basic identification information about them and verify their commitment to the program. EPA may also use partnership information for program implementation purposes, such as maintaining up-to-date listings of products and services available to the public. Further, ENERGY STAR's tools (e.g., Product Finder, EPA-Recognized Bodies Search Tool, Rebate Finder) are available online for the public to find and compare ENERGY STAR certified product performance, third-party EPA-recognized bodies, and rebate offerings. Finally, EPA uses certified product data primarily to document and inform consumers about which products qualify for the ENERGY STAR label, fulfilling a fundamental purpose of the program  -  making it easy for consumers to identify and choose energy efficient products that are good for the environment.  This data also informs the process by which ENERGY STAR performance specifications are established and revised, and factors into EPA's assessment of whether and how the ENERGY STAR label can continue to effectively differentiate efficient products in the market. EPA and others use this information to evaluate ENERGY STAR and ensure continued success and benefits to Partners. EPA recognition enhances the image of organizations as national leaders in energy performance.

3	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3.a	NONDUPLICATION

 	The information collected under this ICR is not collected by any other organization.  In addition, the information collected is based on a particular point in time; therefore, information that is not up-to-date is not sufficient. EPA ensures that the information collected will not duplicate any ongoing recordkeeping or reporting functions requested under other Agency programs. For example, Energy Efficiency Program Sponsors (EEPS) can participate in one or more ENERGY STAR programs (e.g., Products, C&I). EPA designed its Partnership Agreement to enable an EEPS to complete and submit it once and select the specific program(s) it wants to partner with, rather than submitting it to each program separately.

      3.b	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

 	In compliance with the Paperwork Reduction Act, EPA solicited public comments on this ICR through an announcement in the Federal Register on April 10, 2019 (84 FR 14372). No comments were received on this notice.

      3.c	CONSULTATIONS

 	In May 2019, EPA contacted four individuals in Partner organizations to request their input on the ICR's burden estimates. The purpose of the consultations was to determine if the burden estimates (e.g., EPA recognition applications) should be updated or revised in preparing ICR 2078.07. The table identifies the points of contact (POCs) and their organizations. EPA selected these organizations because of their substantial experience in carrying out collections under the ENERGY STAR program. Generally, the estimates provided by the Partners were consistent with EPA expectations of the labor burden.  EPA averaged Partner responses for the labor burden estimates.

 POC Name
 Organization Name
 Phone Number
 Email
 Johnson Choo
 LG Electronics
<PHONE_NUMBER>
<EMAIL_ADDRESS> Jack Marstellar
 Polaris Technologies
<PHONE_NUMBER>
<EMAIL_ADDRESS> Jenny Giron
 Intertek
<PHONE_NUMBER>
<EMAIL_ADDRESS> David Piecuch
 UL LLC
<PHONE_NUMBER>
<EMAIL_ADDRESS>

      Following is a summary of EPA's questions, POCs' comments and EPA's responses (e.g., if and how the Agency incorporated the comments into ICR 2078.07):

 Joining the ENERGY STAR program and Related Activities: EPA provided two POC's with the ICR's burden estimates for completing a Product Brand Owner Partnership Application and asked if they are reasonable. EPA provided two POC's with the ICR burden estimates for completing an Application for Lab Recognition, Application for Lab Scope Expansion, Application for Witnessed/Supervised Manufacturing Testing Laboratories (W/SMTL) Recognition, Application for CB Recognition, and Application for CB Scope Expansion and asked if they are reasonable. The POC's discussed their experiences conducting these activities and indicated that most of the estimates are reasonable. The POC's indicated that the estimates for Applications for W/SMTL Recognition and Applications for CB Scope Expansion are slightly high. EPA revised these estimates by taking the average of the Partner responses, which resulted in a slightly decreased estimate. The POC's indicated that no capital or operations and maintenance costs are involved with these activities because the materials are downloaded and completed online and submitted to EPA via email.

 Certified Product Maintenance Activities: EPA provided two POC's with the ICR's burden estimates for third-party certified product information activities and asked if they are reasonable. The third-party certified product information activities include submitting certified model data, submitting verification testing data, submitting testing failure information, and submitting ineligible product information. EPA provided one POC with the ICR's burden estimates for Unit Shipment Data. The POCs discussed their experiences conducting these activities and indicated that the burden estimates are reasonable. EPA did not revise its estimates. The POC's indicated that no capital or operations and maintenance costs are involved with these activities because the materials are downloaded and completed online and submitted to EPA via email or online platform.

 POY and ENERGY STAR Most Efficient Recognition: EPA provided one POC with the ICR's burden estimates for the POY Application and the ENEGY STAR Most Efficient HVAC Narrative Guide and asked if they are reasonable. The POC discussed their experience conducting the activities and indicated that the burden estimates are reasonable. EPA did not revise its estimate. EPA provided one POC with the ICR's burden estimate for the ENERGY STAR Most Efficient Windows Application and asked if it is reasonable. The POC discussed their experience conducting the activity and indicated that the burden estimate is slightly high. EPA reduced the estimate to reflect the POC's estimate and feedback. The POC's indicated that no capital or operations and maintenance costs are involved with these activities because the materials are downloaded and completed online and submitted to EPA via email or online platform.

      3.d	EFFECTS OF LESS FREQUENT COLLECTION

 	EPA has carefully considered the information collection burden under the ENERGY STAR program. EPA is confident that those activities requested of respondents are necessary, and to the extent possible, the Agency has minimized the burden. A number of the requested activities, for example, will be performed once (e.g., one-time submittal of a Partnership Application). In addition, respondents can satisfy many of the collections in this ICR by submitting readily available information. For example, brand owner partners submit Unit Shipment Data on an annual basis in order to monitor and evaluate the program annually to ensure continued program success and benefits to Partners. EPA believes strongly that, if the information collections in this ICR are not performed at the requested frequency, EPA's ability to implement the ENERGY STAR program and the public's ability to benefit from the program's tools and resources could be hampered significantly.

      3.e	GENERAL GUIDELINES

      With the following exception, information collections performed under this clearance will follow all of OMB's General Guidelines regarding federal data collection.

      EPA intends to omit the expiration date from instruments associated with this collection.  The information requested on the forms is modified infrequently and these documents are already in wide distribution. It would be impracticable for the Agency to fully replace its stock of instruments every three years and unproductive to even try if, except for the expiration date, the documents remain correct and useful.

      3.f	CONFIDENTIALITY

      Participation in the ENERGY STAR program is voluntary and may be terminated by participants or EPA at any time. If a claim of confidential business information (CBI) is asserted, EPA will manage that information in accordance with EPA's provisions on confidentiality. 40 CFR Part 2, Subpart B establishes EPA's general policy on the public disclosure of information and procedures for handling CBI claims.

      3.g	SENSITIVE QUESTIONS

      No questions of a sensitive nature are asked of participants under the ENERGY STAR program.

4	THE RESPONDENTS AND THE INFORMATION REQUESTED

      4.a	RESPONDENTS AND NAICS CODES

 	Respondents for this information collection request include ENERGY STAR Partners, who are product manufacturers.  The following list of North American Industry Classification System (NAICS) codes includes, but is not limited to industry segments which may be potential respondents to the information collections.

 NAICS
 Industries
 221111
 Hydroelectric Power Generation
 313320
 Fabric Coating Mills
 322211
 Corrugated and Solid Fiber Box Manufacturing
 323113
 Commercial Screen Printing
 324122
 Asphalt Shingle and Coating Materials Manufacturing
 325992
 Photographic Film, Paper, Plate, and Chemical Manufacturing
 327123
 Other Structural Clay Product Manufacturing
 327211
 Flat Glass Manufacturing
 327993
 Mineral Wool Manufacturing
 332321
 Metal Window and Door Manufacturing
 333298
 All Other Industrial Machinery Manufacturing
 333311
 Automatic Vending Machine Manufacturing
 333313
 Office Machinery Manufacturing
 333319
 Other Commercial and Service Industry Machinery Manufacturing
 333414
 Heating Equipment (except Warm Air Furnaces) Manufacturing
 333415
 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing
 334113
 Computer Terminal Manufacturing
 334119
 Other Computer Peripheral Equipment Manufacturing
 334210
 Telephone Apparatus Manufacturing
 334220
 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
 334310
 Audio and Video Equipment Manufacturing
 334512
 Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use
 335110
 Electric Lamp Bulb and Part Manufacturing
 335121
 Residential Electric Lighting Fixture Manufacturing
 335129
 Other Lighting Equipment Manufacturing
 335222
 Household Refrigerator and Home Freezer Manufacturing
 335224
 Household Laundry Equipment Manufacturing
 423440
 Other Commercial Equipment Merchant Wholesalers
 423740
 Refrigeration Equipment and Supplies Merchant Wholesalers
 441310
 Automotive Parts and Accessories Stores
 443111
 Household Appliance Stores
 443120
 Computer and Software Stores
 444110
 Home Centers
 493120
 Refrigerated Warehousing and Storage
 541380
 Testing Laboratories

      4.b	INFORMATION REQUESTED

 	This section describes the information collections under this ICR, including data items and respondent activities.

 JOINING THE ENERGY STAR PROGRAM AND RELATED ACTIVITIES

 Partnership Application (PA)

 Data Item

 Partner name
 Programs for which they are partnering with EPA (participation form)
 Information on main contact person
 Information on marketing/PR contact person
 Signature of company official

 	Recordkeeping Item
 	There are no recordkeeping data items required pertaining to the Partnership Application.

 ii	Respondent Activity
 Review the instructions of the PA
 Complete and review the information requested by the PA
 Submit the PA
 Submit the joint statement between the brand owner and licensee, if applicable

             Joint Statement between Brand Owner and Licensee, if applicable

             Data Item

             Partner and Brand Owner name
             Information on brand involved in license agreement
             Information on expiration date of license agreement
             Information on main contact person at each organization
             Signatures of company officials

             	Recordkeeping Item
                   There are no recordkeeping data items required pertaining to the Joint Statement.

             ii	Respondent Activity
             Review the joint statement template
             Complete and review information requested in the template
             Submit as a supplement to the Partnership Application if applicable

Application for AB, CB, Lab, and W/SMTL Recognition and Scope Expansion

 i	Data Item

 Organization's name
 Organization's address
 Contact name, address, email, phone
 Preparer's name, title, date
 Programs (product categories) for which they are partnering with EPA
 Organization's relevant reference documents

 	Recordkeeping Items
       The Accreditation Body maintains a record of quality management documentation as required by ISO 17011.
The Laboratory maintains a record of their accreditation certificate and scope of accreditation.
The Certification Body maintains a record of their accreditation certificate and scope of accreditation.

 ii	Respondent Activity

 Review the instructions in the application
 Complete and review application
 Submit the application

 CERTIFIED PRODUCT MAINTENANCE ACTIVITIES

 Third-Party Certified Product Information

 i	Data Item

 Company Name
 Product Name and model number
 Product energy consumption attributes
 Other key product specific information according to the relevant ENERGY STAR product Eligibility Requirements
 Certified laboratories and certification bodies associated with the product.

 	Recordkeeping Items
       The Certification Body maintains a certification record, and test reports on file for all products that undergo certification testing.

 ii	Respondent Activity

 Organize certified model data into format for automated submission
 Submit summary of verification testing data
 Submit testing failure information
 Submit information on ineligible products

 Partner Response Forms (PRFs)

 i	Data Item

 Company name and contact information
 Case number
 Product name and model number
 OEM name
 Notification date
 Manufactured dates and sales information
 Downstream distribution chain information
 Additional affected model numbers and sales information
 Representative signature

 	Recordkeeping Items
      There are no recordkeeping data items required pertaining to Partner Response Forms.

 ii	Respondent Activity
 Complete and submit "Disputable" version of the PRF
 Complete and submit "Non-disputable" version of the PRF
 Complete and submit Certification Error PRF
 Complete and submit CFL Disputable PRF

 Unit Shipment Data

 i	Data Item

 Number of ENERGY STAR certified units shipped that year by product sub-type
 Total U.S. shipments that year (requested but not required)

 	Recordkeeping item
 	There are no recordkeeping data items required pertaining to Unit Shipment Data.

 ii	Respondent Activity

 Review instructions regarding Unit Shipment Data
 Gather annual Unit Shipment Data
 Compile and review USD by ENERGY STAR product category
 Submit Unit Shipment Data form

 PARTNER OF THE YEAR (POY) AND MOST EFFICIENT RECOGNITION

 Partner of the Year Application

 i	Data Item

 Name of the organization
 Name of the organization as it should appear on the award
 Information on the primary contact person
 Information on the communications contact
 Information on the organization CEO
 Information on the organization headquarters
 Information on the award category
 Information on the number of products labeled, number of ENERGY STAR certified homes built, benchmarks reached or surpassed in energy management, benchmarks reached or surpassed in EE program delivery
 Information on training, communication and outreach efforts
 Information on other special endeavors or services provided

 	Recordkeeping Item
 	There are no recordkeeping data items required pertaining to Partner of the Year award applications.

 ii	Respondent Activity

 Review the eligibility requirements and instructions on the application
 Gather data
 Complete and review the information and narrative descriptions in the application
 Submit the application
 Submit original examples of communication materials

 ENERGY STAR Most Efficient Windows Application

 i	Data Item

 Company Name
 Contact's name, address, and email
 Company's Most Efficient webpage
 Product line name(s) and model number(s)
 Product energy consumption attributes
 Other key product specific information

 	Recordkeeping Items
      There are no recordkeeping data items required pertaining to the ENERGY STAR Most Efficient Windows Application.

 ii	Respondent Activity

 Review the eligibility requirements for model recognition and instructions on application
 Gather data and test report
 Complete the and review the information on the application
 Submit the application and NAFS test report cover page(s)

 ENERGY STAR Most Efficient HVAC Narrative Guide

 i	Data Item

 Product Name and model number
 Narrative description of automatic setup capabilities
 Narrative description of access to system fault history
 Narrative description of alerts of servicing
 Narrative description of capabilities to facilitate installation and maintenance
 Narrative description of compressor(s) and staging
 Narrative description of capability to measure external static pressure

 	Recordkeeping Items
      There are no recordkeeping data items required pertaining to the ENERGY STAR Most Efficient HVAC Narrative Guide.

 ii	Respondent Activity

 Review the eligibility requirements and instructions on the application
 Gather data
 Complete and review the narrative descriptions in the application
 Submit the application

5	INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

      5.a	AGENCY ACTIVITIES

 	This section describes EPA's activities under ENERGY STAR.

 JOINING THE ENERGY STAR PROGRAM AND RELATED ACTIVITIES

 Partnership Application

 EPA must perform the following activities related to the Partnership Application:

 Modify PA to be submitted by applicants
 Post the PA templates on the website
 Review the completed PA
 Send the joint statement template for the brand licensee and brand owner to sign, if a brand licensee is applying for partnership
 Enter the information contained in the PA into EPA database.  (Include information from the joint statement, if applicable.)
 Send email welcoming them to the program

 Application for AB, CB, Lab, and W/SMTL Recognition and Scope Expansion

 EPA must perform the following activities related to recognition of these entities:

 Modify application to be submitted by AB/CB/Labs
 Disseminate via the internet
 Review the completed application
 Enter the information into EPA database

 CERTIFIED PRODUCT MAINTENANCE ACTIVITIES

Third-Party Certified Product Information

 EPA must perform the following activities related to third-party certified product information:

 Maintain web services and incorporate model data from CBs into database
 Review and ensure accuracy of testing failure information
 Review and ensure accuracy of verification testing
 Review and ensure accuracy of verification testing summary report
 Maintain ineligible products list

 Partner Response Forms:

 EPA must perform the following activities related to Partner Response Forms:
 Review "Disputable" version of the PRF
 Review "Non-disputable" version of the PRF
 Review Certification Error PRF
 Review CFL Disputable PRF

 Unit Shipment Data

 EPA must perform the following activities related to Unit Shipment Data:
 Review Unit Shipment Data
 Compile information in aggregate form per product category

 Evaluate aggregate data to determine ENERGY STAR success and/or need for program adjustment

 PARTNER OF THE YEAR (POY) AND ENERGY STAR MOST EFFICIENT RECOGNITION

 Partner of the Year Application

 EPA must perform the following activities related to Partner of the Year application:
 Update the award criteria
 Post application on the website
 Review submitted awards applications
 Send a letter of award or loss

 ENERGY STAR Most Efficient Windows Application

 EPA must perform the following activities related to Most Efficient Windows Application:
 Develop the Most Efficient criteria
 Review the submitted applications
 Email a letter of recognition to the partner

 ENERGY STAR Most Efficient HVAC Narrative Guide

 EPA must perform the following activities related to Most Efficient HVAC Narrative Guide:
 Develop the Most Efficient criteria
 Review the submitted narrative guides
 Email a letter of recognition to the partner

      5.b	COLLECTION METHODOLOGY AND MANAGEMENT

 	In collecting and analyzing the information associated with this ICR, EPA will use a telephone system, personal computers, the Internet, and applicable database software.  EPA will ensure accuracy and completeness of collected information by reviewing and validating each submittal.  Respondents can submit the information electronically (e.g., via email), without the use of postal mail. EPA will enter the information obtained into a database and will aggregate data obtained in order to make that information available to the public and monitor the progress of program implementation.

      5.c	SMALL ENTITY FLEXIBILITY

 	EPA expects that small entities will participate in ENERGY STAR product labeling.  EPA has designed information requirements to minimize respondent burden while obtaining sufficient and accurate information.  Under EPA's ENERGY STAR product certification process, EPA gives organizations the flexibility to use their own in-house laboratory for testing or contract with an independent laboratory. EPA believes this ensures small businesses have plenty of options when searching for a third-party entity to conduct testing and certification of their products. Third-party certification bodies and laboratories submit certifications directly to EPA, reducing the burden on brand owner partners from needing to submit certification information.

      5.d	COLLECTION SCHEDULE

 	EPA collects initial information in the Partnership Agreement, which is completed and submitted by every Partner participating in ENERGY STAR.  EPA also collects from brand licensees a joint statement with the brand owner prior to signing the Partnership agreement.  In order to be recognized by EPA as an ENERGY STAR appropriate Accreditation Body, Laboratory and/or Certification Body, entities must provide EPA with the relevant documentation to provide assurance of their competence to perform these tasks.  CBs must provide EPA with a summary of verification testing completed twice a year and report information on ineligible products and products that fail verification testing as they occur.  EPA also requests that Product Brand Owner Partners submit information on their unit shipments of ENERGY STAR labeled products annually by March 1[st] for shipments during the previous calendar year.  EPA requests this information the first week of January and reminds partners in February in advance of the annual deadline.  Partners interested in receiving recognition for their efforts on ENERGY STAR submit a Partner of the Year Award application.

6	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      6.a	ESTIMATING RESPONDENT BURDEN

 	EPA conducted consultations with ENERGY STAR Partners to estimate respondent burden hours for the activities covered by this ICR.  The responses EPA received were averaged to estimate the hourly burden for each activity.  Exhibit 1 presents the estimated annual respondent burden for information collection activities associated with ENERGY STAR product labeling.

      6.b	ESTIMATING RESPONDENT COSTS

	Exhibit 1 presents the estimated annual respondent costs for information collection activities associated with ENERGY STAR product labeling.  The estimated annual respondent costs are discussed below.

Estimating Labor Costs

 	EPA estimates an average hourly respondent labor cost ($2019) of $115.16/hr for legal staff, $100.18/hr for managerial staff, $47.21/hr for technical staff, and $29.96/hr for clerical staff. To derive these hourly estimates, EPA referred to the May 2017 National Occupational Employment and Wage Estimates published by the U.S. Bureau of Labor Statistics.  This publication summarizes the unloaded (base) hourly rate for major occupational groups.  EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates. Finally, EPA updated the loaded hourly rates to December 2018 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor Statistics.

Estimating Capital and Operations and Maintenance (O&M) Costs

 	EPA does not expect Partners to incur capital or operations and maintenance costs to meet the information requests of ENERGY STAR because Partners conduct the activities online and submit the information via email or an online platform.

      6.c	ESTIMATING AGENCY BURDEN AND COSTS

 	The hourly Agency labor rates used in this ICR were obtained from the 2019 Salary Tables for federal civilian employees, which are published by the Office of Personnel Management.  EPA estimates an average hourly labor cost of $80.59/hr for legal staff, $75.36/hr for managerial staff, $55.26/hr for technical staff, and $22.19/hr for clerical staff. The labor costs are based on the following GS levels and steps:  legal labor rates were based on GS Level 15, Step 1, managerial labor rates were based on GS Level 14, Step 4, technical labor rates were based on GS Level 12, Step 5, and clerical labor rates were based on GS Level 5, Step 1. To derive hourly estimates, EPA multiplied hourly rates by the standard government overhead factor of 1.6. Agency burden and costs are estimated in Exhibit 2.

 	EPA anticipates one instance of Agency O&M costs associated with ENERGY STAR product labeling information collection activities.  This corresponds to the cost of $0.55 to mail a letter of award or loss to Partners who submit Partner of the Year applications.

      6.d	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

	In this section, EPA describes its estimates of the number of respondents carrying out the information collections under the ENERGY STAR product labeling program. In developing its estimates, EPA referred to its databases and other documentation in order to understand historical trends in the number of new and existing respondents. Based on this understanding, EPA has estimated the average annual number of respondents associated with each of the information collections under the program.

      In total, EPA estimates approximately 2,732 respondents participate under the ENERGY STAR products labeling program annually. In deriving this estimate, EPA referred to its databases to determine the current number of respondent Partners, including Product Brand Owners, Retailers, EEPS, ABs, CBs, and Labs. EPA notes that most respondents in this ICR are current Partners. EPA next identified the number of new organizations expected to join the program each year for the next three years, based on historical trends over the last three years.

      These organizations are discussed further below.

 JOINING THE ENERGY STAR PROGRAM AND RELATED ACTIVITIES (EXHIBIT 1)

 Partnership Application

 	EPA has developed a Partnership Application process for product brand owners, retailers, and EEPS wishing to join the ENERGY STAR product labeling program, which consists of a partnership agreement form and a participation form.  It is expected that 250 new brand owner, retailers, and EEPS Partners will join each year for the three years of this ICR, as reflected in Exhibit 1.  One joint statement template for brand owners and brand licensees has been developed by EPA for ENERGY STAR product labeling.  It is expected that 15 Brand Owner templates will be submitted along with the Partnership Application each year, for the three years of this ICR.

 Partnership Type
 Number of Annual Respondents
 Product Brand Owner
 200
 Retailer
 35
 EEPS
 15
 Total
 250

 Application for AB, CB, and Lab Recognition and Scope Expansion

 	As reflected in Exhibit 1, EPA estimates that it will receive 25 applications for lab recognition, 40 applications for lab scope expansion, and 15 applications for W/SMTL recognition each year.

 	Further, the number of Accreditation Bodies and Certification Bodies has changed minimally over the last three years because most interested stakeholders are already participants. EPA estimates that it will receive 1 application from an AB over the next three years, and 2 applications from CBs each year over the next three years.  Because this ICR estimates annual burden over a 3-year period, EPA has annualized the one AB application over three years, to estimate that 0.33 applications will be received annually on average.

 CERTIFIED PRODUCT MAINTENANCE ACTIVITIES (EXHIBIT 2)

 Third Party Certified Product Information

 	Product specifications for over 75 different products are developed and maintained by EPA under the ENERGY STAR product labeling program.  Each product category has specific qualifying product information that must be reviewed, certified and shared by the CB. An average of 13,000 products are certified and labeled with the ENERGY STAR annually.

 	As reflected in Exhibit 1, EPA estimates that 20 CBs will organize their certified model data into a format for automated submission. EPA updates the lists of certified models daily to reflect the most current information that has been transmitted to the EPA database via web services. CBs conduct verification and challenge testing on an ongoing basis and verify a minimum sampling of products each year. In 2018, 20 CBs submitted the summary of the testing they conducted for the year. This number of CBs is representative of how many entities EPA expects to report this information every year. On average CBs reported 355 product failures to EPA in the last three years. This number tends to fluctuate annually and could decrease in future years as product quality control increases. CBs report to EPA information on products reviewed for certification, but not eligible for ENERGY STAR.  Based on the average number of ineligible products reported to EPA in the past three years, EPA expects 21 ineligible products to be reported each year under this ICR.

 Partner Response Forms

 	Upon receipt of an official testing failure or delisted product letter from EPA, brand owner Partners complete and submit to EPA a Partner Response Form. There are several versions of this form (e.g., "Disputable" version, "Non-disputable" version).  In total, EPA expects 161 Partner Response Forms to be submitted each year under this ICR.

 Unit Shipment Data

 	Each year, ENERGY STAR Partners are asked to submit unit shipment data for their ENERGY STAR labeled products.  Based on historical trends of data, EPA estimates that it will receive 1,727 unit shipment reports each year.  Unit shipment data will be aggregated for each of the product categories covered by EPA under ENERGY STAR.  These estimates are based on aggregates across the 75 product categories.

 POY AND MOST EFFICIENT RECOGNITION (EXHIBIT 3)

 Partner of the Year Application

 	As reflected in Exhibit 1, EPA expects to receive 51 Products Partner of the Year Award applications annually.

 ENERGY STAR Most Efficient Windows Application

 	ENERGY STAR brand owner partners who have ENERGY STAR certified window models that meet the ENERGY STAR Most Efficient Windows Recognition Criteria and wish to apply to gain Most Efficient recognition submit a Most Efficient Windows application. EPA expects to receive 5 Most Efficient Windows applications each year.

 ENERGY STAR Most Efficient HVAC Narrative Guide

       ENERGY STAR brand owner partners who have ENERGY STAR certified central air conditioner and air source heat pump, furnace, or geothermal heat pump models that meet the ENERGY STAR Most Efficient Recognition Criteria and wish to apply to gain Most Efficient recognition submit an ENERGY STAR Most Efficient HVAC Narrative Guide. EPA expects to receive 36 Most Efficient HVAC Narrative Guides each year.

       Exhibit 1

       Estimated Annual Respondent Burden and Cost
       ENERGY STAR Program: Joining the ENERGY STAR Program and Related Activities

       Exhibit 2

       Estimated Annual Respondent Burden and Cost
       ENERGY STAR Program: Certified Product Maintenance Activities

       Exhibit 3

       Estimated Annual Respondent Burden and Cost
       ENERGY STAR Program: Partner of the Year (POY) and ENERGY STAR Most Efficient Recognition

 Exhibit 4: Estimated Annual Agency Burden and Cost

 Exhibit 4 Cont.: Estimated Annual Agency Burden and Cost

 Exhibit 4 Cont.: Estimated Annual Agency Burden and Cost

6.e	BOTTOM LINE BURDEN HOURS AND COSTS

      (i)	Respondent Tally

      As shown in Table 1, EPA estimates the total annual hour and cost burden to respondents to be 40,391 hours and $2,531,810. The burden to respondents over the three years of this ICR is estimated to be 121,173 hours and $7,595,430.

 Table 1:  Total Estimated Annual Respondent Burden and Cost Summary

                                    TABLE 1
           TOTAL ESTIMATED ANNUAL RESPONDENT BURDEN AND COST SUMMARY
                            Information Collections
                             Total Hours Per Year
                           Total Labor Cost Per Year
                          Total Annual Capital Costs
                          Total Annual O&M Costs
                              Total Cost Per Year
Joining the ENERGY STAR Program and Related Activities
                                     2,030
                                   $157,205
                                      $0
                                      $0
                                   $157,205
Certified Product Maintenance Activities
                                    34,191
                                  $2,059,432
                                      $0
                                      $0
                                  $2,059,432
POY and Most Efficient Recognition
                                     4,170
                                   $315,173
                                      $0
                                      $0
                                   $315,173
TOTAL
                                    40,391
                                  $2,531,810
                                      $0
                                      $0
                                  $2,531,810

      (ii)	Agency Tally

      As shown in Table 2, EPA estimates the total annual hour and cost burden to the Agency to be 11,241 hours and $482,308. The bottom-line burden to the Agency over the three years of this ICR is estimated to be 33,723 hours and $1,446,924.

 Table 2:  Total Estimated Annual Agency Burden and Cost Summary

                                    TABLE 2
             TOTAL ESTIMATED ANNUAL AGENCY BURDEN AND COST SUMMARY
                            Information Collections
                             Total Hours Per Year
                           Total Labor Cost Per Year
                          Total Annual Capital Costs
                          Total Annual O&M Costs
                              Total Cost Per Year
Joining the ENERGY STAR Program and Related Activities
                                      585
                                    $22,109
                                      $0
                                      $0
                                    $22,109
Certified Product Maintenance Activities
                                     9,498
                                   $395,664
                                      $0
                                      $0
                                   $395,664
POY and Most Efficient Recognition
                                     1,158
                                    $64,507
                                      $0
                                      $28
                                    $64,535
TOTAL
                                    11,241
                                   $482,280
                                      $0
                                      $28
                                   $482,308

      6.f	REASONS FOR CHANGE IN BURDEN

 	EPA estimates a total annual respondent burden in this ICR, 2078.07, of 40,391 hours. This is a decrease of 819 hours from the currently approved burden of 41,210 hours in ICR 2078.06.

      Table 3 explains this decrease. Specifically, the table presents the total annual hours estimated in ICR 2078.06 and ICR 2078.07 for each information collection (see columns 1-3). The table then compares their respective hours for each collection to derive the change in hours, and indicates whether this hour-change resulted from a program change and/or adjustment (see column 4). The table also briefly describes the program change and/or adjustment (see column 5). Finally, the table sums up all hour-changes to derive the total annual change in hours for all collections (see the bottom row of the table).

      The table shows that there was an 819 hour decrease due to adjustments. There were no program changes.

 	The number of anticipated responses for Partnership Applications has decreased slightly from 280 in the previous renewal to 250 new Partnership Applications each year and an average of 15 brand owner/licensee agreements.  These estimates are based on the average number of Partnership Agreements received over the last three years for Brand Owners, Retailers, and EEPS. Because the ENERGY STAR brand is well-established in the industries in which it is active, the growth in companies becoming ENERGY STAR partners for existing product categories has slowed.

      The previous Product Labeling ICR did not include burden estimates for EEPS.  ICR, 2078.07, consolidates the burden for the EEPS Partnership Application across all ENERGY STAR programs. As such, EPA ICR 1772.08 no longer estimates burden for EEPS Partnership Applications.

      EPA adjusted the number of respondents for third-party certified product information based on the current volume of activity from EPA's database and the volume observed in the last three years. The increased burden estimates in this renewal reflect the growth in the number of products certified and activities associated with certified product submissions.

      EPA has put significant investment in working with partners to increase their responses to the request for Unit Shipment Data.  The number of responses for the Unit Shipment Data collection activity is approximately 1,727 responses. EPA adjusted the number of respondents based on the current volume of activity as observed in the last three years. The decreased burden estimates reflect the net decrease in the number of partners that submit Unit Shipment Data. The product categories for which Partners submit Unit Shipment Data have changed over the last three years. Product categories that previously had a significant number of Partners (e.g., Roof Products) no longer submit USD, and new product categories added over the last three years have fewer Partners that submit USD.

      The previous ICR inadvertently omitted Partner Response Forms and the ENERGY STAR Most Efficient Forms. The number of respondents is this ICR is based on the current volume of activity as observed in the last three years.

      EPA revised the number of Partner of the Year Applications from 57 in the previous renewal to 51 in this renewal based on the average number of award applications received over the last three years.  The burden estimates for POY applications remain consistent over the years. Although there are roughly the same number of applicants each year, the percentage of applicants that receive awards grows over the years.

Table 3:  Comparison of Total Annual Respondent Hours Under ICR 2078.06 and ICR 2078.07

      6.g	BURDEN STATEMENT

 	The public reporting and recordkeeping burden for this collection of information is estimated to average 14 hours per response across all activities.

 	Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to 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; adjust the existing ways to comply with any previously applicable instructions; 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 No. EPA-HQ-OAR-2003-0033, which is available for online viewing at www.regulations.gov, or in person viewing at the at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.

The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket 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, DC 20503, Attention: Desk Office for EPA.  Please include the EPA Docket ID No. EPA-HQ-OAR-2003-0033 and OMB Control Number in 2060-0528 in any correspondence.


[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Page 7510]
[FR Doc No: 2023-02209]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FRA-2022-0923]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Part 142,
Certificated Training Centers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the 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 July 11, 2022. The collection involves Certificated
Training Centers. Operators pay Certificated Training Centers to
provide training to their employees, typically pilots, on different
types of equipment if training is not done in house. The information to
be collected is necessary because it allows aviation safety inspectors
(operations) to review and to provide surveillance to training centers
to ensure compliance with airman training, testing, and certification
requirements specified in other parts of the regulations. If the
information were not collected, inspectors would not be able to
determine if airmen who are clients are being trained, checked or
tested to meet the safety standards established in other parts of the
regulations. To date, FAA inspectors have used the information
collected to determine and assess regulatory compliance during routine
program surveillance.

DATES: Written comments should be submitted by March 6, 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.

FOR FURTHER INFORMATION CONTACT: Sandra Ray by email at:
[email protected]; phone:<PHONE_NUMBER>.

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: 2120-0570.
    Title: Part 142, Certificated Training Centers.
    Form Numbers: None.
    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 July 11, 2022 (87 FR 41162). Part 142 Flight Schools
are subject to several collection requirements. 14 CFR part 142 is one
of several Federal Regulation parts that implement the Public Law.
Section 142.11 provides that application for a training center
certificate and training specifications shall be made in a form and
manner prescribed by the Administrator, shall provide specific
information about each management, instructor position, and evaluator
position, and contain certain other administrative information.
    Section 142.37 provides that application for approval of training
programs must be in a form and manner acceptable to the Administrator,
and must provide specific information about curriculum and courses of
the training program.
    Chapter 447, section 44701 of title 49, United States Code,
provides, in pertinent part, that the Administrator may find, after
investigation, that a person found to possess proper qualifications for
a position as an airman may be issued such certificate. That
certificate shall contain such terms, conditions, and limitations as to
duration thereof, as well as periodic or special examinations, and
other matters as the Administrator may determine to be necessary to
assure safety in air commerce.
    Section 142.73 requires that training centers maintain records for
a period of one year to show trainee qualifications for training,
testing, or checking, training attempts, training checking, and testing
results, and for one year following termination of employment the
qualification of instructors and evaluators providing those services.
    The respondents may be the part 142 schools, part 121 or 135 air
carriers who utilize these schools or new applicants seeking part 142
certification. The information may be collected in electronic forms. No
specific forms are required. Information reporting may be done in
accordance with the individual FAA office.
    Respondents: Part 142 schools, Part 121 and 135 carriers and new
certifications.
    Frequency: On occasion.
    Estimated Average Burden per Response: Varies per requirement.
    Estimated Total Annual Burden: 87,112 hours.

    Issued in Washington, DC, on January 30, 2023.
Sandra L. Ray,
Aviation Safety Inspector, AFS-260.
[FR Doc. 2023-02209 Filed 2-2-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48802-48805]
[FR Doc No: 2013-19417]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0214]
RIN 1625-AA00

Safety Zones; Recurring Events in Captain of the Port Duluth Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard will establish 8 permanent safety zones for
annually recurring marine events in the Coast Guard Captain of the Port
(COTP) Duluth zone. These safety zones are needed to protect both
spectators and participants from the hazards associated with the
events. During the enforcement period of the safety zones, persons and
vessels are prohibited from entering, transitioning through, remaining,
anchoring or mooring within the zone unless specifically authorized by
the COTP or designated representative.

DATES: This rule is effective September 11, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0214]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Judson Coleman, Chief of Waterways Management
Marine Safety Unit Duluth, U.S. Coast Guard; telephone<PHONE_NUMBER>,
Extension 111 or by email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    To this end, on May 31, 2013, the Coast Guard published an NPRM in
the Federal Register (78 FR 12887). The NPRM proposed to establish
permanent safety zones for annually recurring events in the Captain of
the Port Duluth Zone. The NPRM was open for public comment for 30 days.
At close of the comment period, the Coast Guard had not received any
comments on the proposed rulemaking.

B. Basis and Purpose

    The purpose of this rule is to establish necessary safety zones for
recurring events. This rule is being codified in order to safeguard
against the hazards associated with annual marine events taking place
in the Duluth Captain of the Port Zone.
    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.

C. Discussion of the Final Rule

    This rule establishes 8 new safety zones in 33 CFR Part 165 for
annual marine events in the COTP Duluth Zone. These events include
fireworks displays for the 4th of July holiday, specifically the Duluth
fourth festival, Cornucopia fireworks, Ashland fireworks and the
Madeline Island fireworks, and other historically recurring marine
events, including the Lake Superior Dragon Boat Festival (LSDBF), The
Superior Man Triathlon, and the Point to LaPointe swim.
    As large numbers of spectator vessels are expected to congregate
around the location of these events, the safety zones are needed to
protect both spectators and participants from the hazards associated
with the event. During enforcement of safety zones, persons and vessels
are prohibited from entering, transitioning through, remaining,
anchoring, or mooring within the zone unless specifically authorized by
the COTP or his designated representative. The Coast Guard may be
assisted by other federal, state, and local agencies in the enforcement
of these safety zones.
    Certain safety zones are listed without known dates or times. The
Coast Guard will give notice of the enforcement of these safety zones
by all appropriate means to the effected segments of the public,
including publication of a Notice of Enforcement in the Federal
Register, Local Notice to Mariners, and Broadcast Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will not adversely affect the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. These safety zones will only remain effective
and thus subject to enforcement for brief durations annually.
Additionally, the Coast Guard will give advance notice of the
enforcement of these safety zones through means, including Broadcast
Notice to Mariners and Local Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in the location of the safety zones
established by this rule during the enforcement periods.
    The regulated areas will not have a significant economic impact on
a substantial number of small entities for the following reasons: the
regulated areas will be of limited size and of short duration; vessels
may safely navigate in all portions around these waterways except for
the areas designated as regulated areas. Additionally, before the
effective period, the Coast Guard will provide advance notice of
enforcement, including Local Notice to Mariners and Broadcast Notice to
Mariners.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing safety zones and is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.943 to read as follows:

Sec.  165.943  Annual events requiring safety zones in the Captain of
the Port Duluth zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Bridgefest Regatta Fireworks; Houghton, MI. (i) Location. All
waters of the Keweenaw Waterway bounded by the arc of a circle with a
300-foot radius from the fireworks launch site with its center in
position 47[deg]07'28.35'' N, 088[deg]35'01.78'' W.
    (ii) Enforcement date and time. This event historically occurs in
mid June. The Captain of the Port Duluth, will establish enforcement
dates that will be announced with a Notice of Enforcement and marine
information broadcast.
    (2) Lake Superior Dragon Boat Festival Fireworks; Superior, WI. (i)
Location. All waters of Superior Bay, WI within a 150-foot radius with
its center at 46[deg]43'23.52'' N 092[deg]03'45.19'' W.
    (ii) Enforcement date and time. This event historically occurs in
late August. The Captain of the Port Duluth, will establish enforcement
dates that will be announced with a Notice of Enforcement and marine
information broadcast.
    (3) Duluth Fourth Fest Fireworks; Duluth, MN. (i) Location. All
U.S. navigable waters of the Duluth Harbor Basin Northern Section
within a 900-foot radius of position 46[deg]46'19.00'' N,
092[deg]06'11.00'' W.
    (ii) Enforcement date and time. This event historically occurs
during the 4th of July week. The Captain of the Port Duluth, will
establish enforcement dates that will be announced with a Notice of
Enforcement and marine information broadcast.
    (4) Cornucopia Fireworks; Cornucopia, WI. (i) Location. All waters
of the area bounded by a circle with a 300-foot radius surrounding the
fireworks launch site with its center in position 46[deg]51'35.00'' N,
091[deg]06'10.00'' W.
    (ii) Enforcement date and time. This event historically occurs the
week before, after or during 4th of July week. The Captain of the Port
Duluth, will establish enforcement dates that will be announced with a
Notice of Enforcement and marine information broadcast.
    (5) LaPointe Fireworks; LaPointe, WI. (i) Location. All waters of
Lake Superior bounded by the arc of a circle with a 375-foot radius
from the fireworks launch site with its center in position
46[deg]46'40.10'' N, 090[deg]47'22.00'' W.

    (ii) Enforcement date and time. This event historically occurs
during the 4th of July week. The Captain of the Port Duluth, will
establish enforcement dates that will be announced with a Notice of
Enforcement and marine information broadcast.
    (6) Ashland Fireworks; Ashland, WI. (i) Location. All waters of the
Lake Superior bounded by the arc of a circle with a 600-foot diameter
from the fireworks launch site with its center in position
46[deg]35'50.37'' N, 090[deg]52'59.82'' W.
    (ii) Enforcement date and time. This event historically occurs
during the 4th of July week. The Captain of the Port Duluth, will
establish enforcement dates that will be announced with a Notice of
Enforcement and marine information broadcast.
    (7) Point to LaPointe Swim; LaPointe, WI. (i) Location. All waters
between Bayfield, WI and Madeline Island, WI within an imaginary line
created by the following coordinates: 46[deg]48'50.97'' N,
090[deg]48'44.28'' W, moving southeast to 46[deg]46'44.90'' N,
090[deg]47'33.21'' W, then moving northeast to 46[deg]46'52.51'' N
090[deg]47'17.14'' W, then moving northwest to 46[deg]49'03.23'' N
090[deg]48'25.12'' W and finally running back to the starting point.
    (ii) Enforcement date and time. This event historically occurs in
early August. The Captain of the Port Duluth, will establish
enforcement dates that will be announced with a Notice of Enforcement
and marine information broadcast.
    (8) Superior Man Triathlon; Superior, WI. (i) Location. All waters
of the Duluth Harbor Basin, Northern Section, including the Duluth
Entry encompassed in an imaginary line beginning at point
46[deg]46'36.12'' N 092[deg]06'06.99'' W, running southeast to
46[deg]46'32.75'' N 092[deg]06'01.74'' W, running northeast to
46[deg]46'45.92'' N 092[deg]05'45.18'' W, running northwest to
46[deg]46'49.47'' N 092[deg]05'49.35'' W and finally running southwest
back to the starting point.
    (ii) Enforcement date and time. This event historically occurs in
late August. The Captain of the Port Duluth, will establish enforcement
dates that will be announced with a Notice of Enforcement and marine
information broadcast.
    (b) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring in this
safety zone is prohibited unless authorized by the Captain of the Port
Duluth, or the designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic except as
authorized by the Captain of the Port Duluth, or the designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Duluth, is any Coast Guard commissioned, warrant, or petty officer who
has been designated to act on behalf of the Captain of the Port Duluth.
The on-scene representative of the Captain of the Port Duluth will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The
Captain of the Port Duluth, or the designated on-scene representative
may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Duluth, or the designated
on-scene representative to obtain permission to do so. Vessel operators
given authorization to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port Duluth, or
the on-scene representative.

    Dated: July 24, 2013.
A.H. Moore Jr.,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2013-19417 Filed 8-9-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Proposed Rules]
[Pages 21854-21856]
[FR Doc No: 2013-08610]

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

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

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

Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0303; Directorate Identifier 2012-NM-220-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747-400 and -400F series airplanes.
This proposed AD was prompted by a report of cracks on airplanes prior
to line number 1308 in the forward and aft inner chords of the station
(STA) 2598 bulkhead, and the bulkhead upper and lower webs. This
proposed AD would require, as applicable, repetitive high frequency
eddy current (HFEC) and low frequency eddy current (LFEC) inspections
for cracks in the splice fitting, support frame, forward and aft inner
chords, floor support, bulkhead upper web on the upper left and right
side of the bulkhead, and the bulkhead lower web on the lower left side
of the bulkhead and repair if necessary; and repetitive post-repair
inspections and repair if necessary. We are proposing this AD to detect
and correct cracks in the splice fitting, support frame, floor support,
forward and aft inner chords, and the bulkhead upper and lower webs of
the body station, which could adversely affect the structural integrity
of the airplane.

DATES: We must receive comments on this proposed AD by May 28, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0303;
Directorate Identifier 2012-NM-220-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received a report of cracks, on airplanes prior to line number
1308, in the forward and aft inner chords of the STA 2598 bulkhead, the
bulkhead upper and lower webs near the inner chord to shear deck
connection in the STA 2598 bulkhead, the forward and aft inner chords
and bulkhead upper web in the upper corners of the cutout for the
horizontal stabilizer rear spar, and the aft inner chord and lower
bulkhead web in the lower corner of the cutout for the horizontal
stabilizer rear spar. On airplanes line numbers 1308 through 1419,
although there was a production change to the STA 2598 bulkhead,
analysis showed that cracks could still occur in the structure. This
condition, if not corrected, could adversely affect the structural
integrity of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2815, dated
November 8, 2012. For information on the procedures and compliance
times, see this service information at http://www.regulations.gov by
searching for Docket No. FAA-2013-0303.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between the Proposed AD and the Service
Information.''
    The phrase ``related investigative actions'' might be used in this
proposed

AD. ``Related investigative actions'' are follow-on actions that: (1)
Are related to the primary actions, and (2) further investigate the
nature of any condition found. Related investigative actions in an AD
could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in
this proposed AD. ``Corrective actions'' are actions that correct or
address any condition found. Corrective actions in an AD could include,
for example, repairs.

Differences Between the Proposed AD and the Service Information

    Boeing Alert Service Bulletin 747-53A2815, dated November 8, 2012,
specifies to contact the manufacturer for instructions on how to repair
certain conditions, but this proposed AD would require repairing those
conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 11 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections....................  28 work-hours x $85 per              $0  $2,380 per          $26,180 per
                                  hour = $2,380 per                        inspection cycle.   inspection cycle
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs and
post-repair inspections that would be required based on the results of
the proposed inspection. We have no way of determining the number of
aircraft that might need this repair:

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                  Labor cost                 Parts cost      product
----------------------------------------------------------------------------------------------------------------
Repair.......................................  13 work-hours x $85 per hour =                    $0       $1,105
                                                $1,105.
Post-repair Inspection.......................  12 work-hours x $85 per hour =                    $0       $1,020
                                                $1,020.
----------------------------------------------------------------------------------------------------------------

For any repairs that would be necessary based on the results of the
post-repair inspection, we have not received definitive data that would
enable us to provide cost estimates for that on-condition action.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2013-0303; Directorate Identifier
2012-NM-220-AD.

(a) Comments Due Date

    We must receive comments by May 28, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400F
series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 747-53A2815, dated November 8, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of cracks on airplanes prior to
line number 1308 in the forward and aft inner chords of the station
2598 bulkhead, and the bulkhead upper and lower webs. We are issuing
this AD to detect and correct cracks in the splice fitting, support
frame, floor support, forward and aft inner chords, and the bulkhead
upper and lower webs of the body station, which could adversely
affect the structural integrity of the airplane.

(f) Compliance

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

(g) High Frequency Eddy Current (HFEC) and Low Frequency Eddy Current
(LFEC) Inspection

    At the compliance time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2815, dated
November 8, 2012; except as provided by paragraph (h)(2) of this AD:
Do HFEC and LFEC inspections, as applicable, for cracks in the
splice fitting, support frame, floor support, forward and aft inner
chords, the bulkhead upper web on the upper left and right side of
the bulkhead, and the bulkhead lower web on the lower left side of
the bulkhead, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2815, dated November 8, 2012.
    (1) If no cracking is found, repeat the applicable inspections
specified in paragraph (g) of this AD, thereafter at the applicable
time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2815, dated November 8, 2012.
    (2) If any cracking is found, do the actions specified in
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD.
    (i) Before further flight, do the applicable repair, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2815, dated November 8, 2012; except as
provided by paragraph (h)(1) of this AD.
    (ii) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2815, dated
November 8, 2012, do an HFEC and LFEC inspections for cracks in the
unrepaired structure, which includes splice fitting, support frame,
aft and forward inner chord, and the bulkhead upper web; and do an
HFEC inspection for cracks in the repaired structure, which is the
bulkhead upper web; in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2815, dated
November 8, 2012.
    (A) If no cracking is found, repeat the applicable HFEC and LFEC
inspections specified in paragraph (g)(2)(ii) of this AD, thereafter
at the applicable time specified in paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 747-53A2815, dated November 8,
2012.
    (B) If any cracking is found, before further flight, repair
using a method approved in accordance with the procedures specified
in paragraph (i) of this AD.

(h) Exception to the Service Information

    (1) If any crack is found during any inspection required by this
AD, and Boeing Alert Service Bulletin 747-53A2815, dated November 8,
2012, specifies to contact Boeing for appropriate action: Before
further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (i) of this
AD.
    (2) Where Boeing Alert Service Bulletin 747-53A2815, dated
November 8, 2012, specifies a compliance time ``after the original
issue date of this service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.

(i) Alternative Methods of Compliance (AMOCs)

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

(j) Related Information

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

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08610 Filed 4-11-13; 8:45 am]
BILLING CODE 4910-13-P