Supporting Statement for an Information Collection Request (ICR)  Under the Paperwork Reduction Act (PRA) EXECUTIVE SUMMARY  Identification of the Information Collection  -  Title and Numbers 	Title:  Expanded Access to TSCA Confidential Business Information 	EPA ICR No.: 2570.02 	OMB Control No.: 2070-0209 	Docket ID No.: EPA-HQ-OPPT-2017-0652  Abstract The Toxic Substances Control Act of 1976 (TSCA) amendments of June 22, 2016, known as the Frank R. Lautenberg Chemical Safety for the 21st Century Act, expanded the categories of people to whom EPA may disclose TSCA confidential business information (CBI). The amendments authorize EPA to disclose TSCA CBI to state, tribal, and local governments; environmental, health, and medical professionals; and emergency responders, under certain conditions, including consistency with guidance that EPA is required to develop. Three guidance documents have been developed, corresponding to the new authorities in TSCA section 14(d)(4), (5), and (6) (Attachments 1 -3).  The conditions for access vary under each of the new provisions, but generally include the following: requesters must show that they have a need for the information related to their employment, professional, or legal duties; recipients of TSCA CBI are prohibited from disclosing or permitting further disclosure of the information to individuals not authorized to receive it (physicians/nurses may disclose the information to their patient); and except in emergency situations EPA must notify the entity that made the CBI claim at least 15 days prior to disclosing the CBI. In addition, under these new provisions, requesters (except in some emergency situations) are required to sign an agreement and may be required to submit a statement of need to EPA.   In accordance with the requirements of TSCA section 14(c)(4)(B), the guidance documents cover the content and form of the agreements and statements required under each provision, and include information on where and how to submit requests to EPA.  Summary Total Burden and Costs

     Annual Burden Hours         Annual Costs  Requesters   89  $5,873.98  Agency   54  $5,921.10 Supporting Statement    Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. Section 14(c)(4)(B) of TSCA requires that EPA develop guidance concerning the content and form of the agreements and statements required under TSCA section 14(d)(4), (5), and (6).    Indicate how, by whom, and for what purpose the information is to be used.  Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection This information collection complies with the general guidelines found at 5 CFR 1320.5. EPA will review requests for information under section 14(d)(4), (5), and (6), as well as the required agreements and statements of need, to determine whether a given request for TSCA CBI complies with statutory requirements and may be granted. The information (agreements, statements of need, requests for access, and EPA's determinations of whether access may be granted) will be maintained within the Office of Pollution Prevention and Toxics (OPPT) and the Office of General Counsel (OGC).    Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden. Requests may be made on paper, electronically (e.g., via email -- an electronic request system may be developed in the future), or (at least in emergency situations) orally. Documents relating to the request will be stored by OPPT, most likely in OPPT's Chemical Information System (CIS). CIS is housed on a secured Local Area Network with OPPT internal access only. The system is available to CBI-cleared users exclusively.    Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above. No other Federal agency or department could provide the information necessary for EPA to determine whether a given request for access to TSCA CBI may be granted. The data being collected are not available from any other sources and can only be collected from individuals and/or other governments (e.g., states) themselves.    If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden. All requesters are treated in the same manner, in accordance with each statutory provision.    Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden. This collection is made when a requester decides to submit a request for TSCA CBI information to EPA. Such request is not required, and occurs at a frequency corresponding to the needs of the requester.    Explain any special circumstances that require the collection to be conducted in a manner:  requiring respondents to report information to the agency more often than quarterly;  requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;  requiring respondents to submit more than an original and two copies of any document;  requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;  in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study; requiring the use of a statistical data classification that has not been reviewed and approved by OMB;  that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.   Not applicable.     If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.      Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.     Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained. Pursuant to 5 CFR 1320.8(d), EPA will publish a notice in the Federal Register that will provide a 60-day public comment period. The comments received will be posted in the docket.  As required under 5 CFR 1320.8(d)(1), in addition to the public notice that solicits public comment, EPA staff will contact appropriate stakeholders and ask them for their input on the burden estimates expressed by the Agency in this ICR. A summary of these consultations will be provided in the revised supporting statement that is submitted to OMB for review and approval, which will also be available for public review and a second comment period upon submission to OMB.     Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees. Not applicable.     Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here. The information collected will be stored at EPA Headquarters in paper files and in a secured local area network, the Chemical Information System (CIS) module. Any hard-copy information that is discarded from the system is shredded. Any personal information or CBI included in a request would be treated in accordance with the Privacy Act, section 14 of TSCA, and the Freedom of Information Act.    Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent. No information of a sensitive or private nature is requested in conjunction with these information collection activities, and these information collection activities comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108.    Provide estimates of the hour burden of the collection of information. The statement should:   Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.  Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.   Respondents affected by this activity are mainly government employees (federal, state, local, tribal), as well as medical professionals, such as doctors and nurses. The NAICS code for health care and social assistance is 62. There are currently no specific forms used to make a request under these new provisions. The guidance includes text for the statutorily-required statements and agreements, and suggests the submission of several narrative statements, as elaborated in the next paragraph (see Attachments). These statements will help EPA to verify the requestor and circumstances meet the criteria for access to the TSCA CBI information, in accordance with TSCA section 14(d). The process that CBI requestors follow in order to request and maintain access to TSCA CBI involves the following: For access under TSCA section 14(d)(4) (state, tribal, and local governments), requesters --   Review the Guidance Document.  Complete and sign an agreement regarding protection of CBI.  Develop statement of legal authority.  Develop statement of CBI safeguarding procedures.  Write request for information.  Management review and preparation of submission.  Manage CBI information.  Keep records (store, file, or maintain copy of agreements for in-house reference)              For access under TSCA section 14(d)(5) (health and environmental professionals, non- emergency), requesters --   Review the Guidance Document.  Gather required information and complete statement of need (selecting statement of need, providing eligibility information, describing circumstance of request).  Read and sign confidentiality agreement.  Review and prepare submission.  Manage CBI information  Keep records (store, file, or maintain copy of agreements for in-house reference).            For access under TSCA section 14(d)(6) (emergencies), requesters --             Review the Guidance Document.            Review and prepare submission.            Manage CBI information.  May be required to prepare a statement of need.  May be required to sign a confidentiality agreement.  Keep records (store, file, or maintain copy of agreements, if any, for in-house reference).            State, local, or tribal governments; health and environmental professionals in non- emergency situations; and emergency responders choosing to request access to TSCA CBI will undertake a number of actions associated with TSCA sections 14(d)(4), (5), and (6), respectively. Because this ICR presents new requirements, EPA has used its best professional judgement and experience from previous ICRs with similar activities to determine the amount of time that would be required to complete the tasks outlined in section 4 (b) of this ICR. It is estimated that in the next three years the total number of submissions under TSCA section 14(d)(4), (5), and (6) will be 18 (six per year, under TSCA section 14(d)(4), (5), and (6) combined).

The state, local, or tribal government annual burden is given in Table 1. The annual burden for health and environmental professionals in non-emergency situations is given in Table 2. The annual burden for emergency requesters is provided in Table 3. The total annual burden for all state, local, or tribal governments is estimated to be 42 hours. The total annual burden for health or environmental professionals in non-emergency situations is 37 hours. For emergency requests, the total annual burden is 10 hours.  Table 1: Total Annual Respondent Burden and Costs Associated with a TSCA Section 14(d)(4) request. State, Local, or Tribal government. Activity Managerial Hours $90.35 Technical Hours $74.17 Clerical Hours $33.17 Request per Year Annual Burden Hours Annual Costs ($) Rule Familiarization (one-time burden) Review of the guidance 0.27 0.55 0 2 1.64 $130.38 Request Submission Filling in the model agreement 0 0 2 2 4 $132.68 Developing statement of legal authority 0 4 0 2 8 $592.96 Developing statement of CBI safeguarding procedures 0 3 0 2 6 $444.72 Written request for information 0 2 0 2 4 $296.48 Management review and preparation of submission 3 0 0 2 6 $542.10 Management of CBI information 0 2 2 2 8 $429.16 Recordkeeping Recordkeeping (store, file, or maintain copy of agreements for in-house reference) 0 0 2 2 4 $132.68 TOTAL 3.27 11.55 6

41.64 $2,701.16

Table 2: Total Annual Respondent Burden and Costs Associated with a TSCA Section 14(d)(5) request. (Health or environmental professional  -  non-emergency) Activity Managerial Hours $90.35 Technical Hours $74.17 Clerical Hours $33.17 Request per Year Annual Burden Hours Annual Costs Rule Familiarization (one-time burden) Review the Guidance 0 0.55 0 3 1.65 $122.38 Request Submissions Gather required information and complete statement of need (selecting statement of need, providing eligibility information, describing circumstance of request) 0 4 0 3 12 $890.04 Read and sign the confidentiality agreement 0 0.75 0 3 2.25 $166.88 Review and preparation of submission 0 3 0 3 9 $667.53 Management of CBI information 0 2 0 3 6 $445.02 Recordkeeping Recordkeeping (store, file, or maintain copy of agreements for in-house reference) 0 0 2 3 6 $199.02 TOTAL 0 10.3 2

36.9 $2490.87

Table 3: Total Annual Respondent Burden and Costs Associated with a TSCA Section 14(d)(6) request. (Health or environmental professional - emergency) Activity Managerial Hours $90.35 Technical Hours $74.17 Clerical Hours $33.17 Request per Year Annual Burden Hours Annual Costs Rule Familiarization (one-time burden) Review of the guidance 0 0.55 0 1 0.55 $40.79 Request Submission Gather required information and complete statement of need (selecting statement of need, providing eligibility information, describing circumstance of request) (*)(**) 0 2 0 1 2 $148.34 Read and sign the confidentiality agreement (**) 0 0.75 0 1 0.75 $55.63 Review and Preparation of submission (*) (**) 0 3 0 1 3 $222.51 Management of CBI information 0 2 0 1 2 $148.34 Recordkeeping Recordkeeping ((store, file, or maintain copy of agreements for in-house reference) 0 0 2 1 2 $66.34 TOTAL 0 8.3 2

10.3 $681.95 (*) Requests may be made over the phone (including describing the emergency and information needed, as well as, personal identification information. (**) Some requesters may not ultimately have to make the statement of need and sign a confidentiality agreement -- this is only required where the person who made the CBI claim so requests.

Respondent hourly costs in this ICR have been calculated using the Bureau of Labor Statistics' Employer Costs for Employee Compensation Supplementary Tables: September 2017, US Bureau of Labor Statistics, December 20 (BLS 2020, accessed March 23, 2021). Hourly costs were calculated for workers in professional and business services industries. Total hourly cost estimates include wages, fringe benefits, and overhead. The wage and fringe benefit numbers are from the BLS data, and the overhead allowance is calculated at 20% of the hourly wage. Table 4: Wage Rates  Category Hourly wage Fringe benefits Overhead Total hourly cost Managerial $ 53.32 $21.97 $15.06 $90.35 Technical $43.85 $ 17.96 $12.36 $74.17 Clerical $19.76 $7.88 $5.53 $33.17

Estimated total annual costs to the respondents (under TSCA 14(d)(4), (5), and (6)) are equal to $ 5,873.98 and are presented in Table 5. There are no capital costs for the contractors associated with this collection. Table 5: Annual Respondent Costs estimated associated with TSCA 14(d)(4), (5), and (6).

Hours per Labor Category Number of Requests Annual Burden Hours Annual Costs

Managerial ($90.35) Technical ($74.17) Clerical ($33.17)

TSCA 14(d) (4) 3.27 11.55 6 2 41.64 $2.701.16 TSCA 14(d) (5) 0 10.3 2 3 36.9 $2,490.87 TSCA 14(d) (6) 0 8.3 2 1 10.3 $681.95  Totals  3.27  30.15  10  6  88.9  $5,873.98

   Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).  The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities. If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate. Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices. There are no operational or maintenance costs associated with this ICR.     Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table. Upon receipt of a request for CBI access, EPA (principally OPPT and OGC staff and management) will evaluate the information provided by the requestor to determine whether access to the information requested may be granted pursuant to TSCA section 14(d). EPA may ask the requestor clarifying questions, and will notify the requestor of the decision to grant or deny the request. When a request is granted, EPA will advise the requestor on how to access the information, or where practical, simply provide the information orally. Prior to release (in the case of the non-emergency access provisions) or shortly after release (in the case of emergencies), EPA is required by TSCA section 14(g)(2) to notify the person who made the CBI claim of the release. The costs and hours to the Federal Government are presented in the Table 6.5. The Office of Pollution Prevention and Toxics bases its hour estimates on prior experience processing requests and eligibility determination with other information collections. The activities associated with Agency responses to TSCA section 14(d)(4), (5), and (6) requests are assumed to be accomplished by two GS 13, step 5 federal employees (technical and attorney). The 2020 hourly wage rate for this level of employee in the Washington, D.C., locality is $55.75 per hour. The hourly rates were taken from the U.S. Office of Personnel Management's 2020 General Schedule for workers with the Washington, D.C., locality payment table (Table 2020-DCB). The total compensation - the sum of hourly wage ($55.75) and fringe benefits ($35.62)  -  is equal to $91.37. An overhead rate of 20% ($18.27) is then applied to the total compensation (Handbook on Valuing Changes in Time Use Induced by regulatory Requirements and Other U.S EPA Actions (EPA 2020). The hourly cost estimates adjusted for benefits and overhead is $ 109.65. The total cost to the Agency to maintain the collection system is $5,921.04 per annum and the total Agency burden is estimated at 54 hours.    Table 6. Agency Annual Cost Estimates              Collection Activity  Weighted Average Hours per request  Total number of requests (14(d) 4, 5 and 6)  Total Number of hours   Total Annual Cost  Request processing and eligibility determination                                        6                                        6                                       36                                     $3,947.4  Notify the requestor and provide instructions to access the CBI data                                        2                                        6                                       12                                     $1,315.8  Notify companies and store or file request for in-house reference                                        1                                        6                                        6                                     $657.90           Totals                                        9                                                                               54                                    $5,921.10  Source: OPM 2020 hourly rate table for the Washington-Baltimore-Northern Virginia Locality Pay Area, with fringe benefits and overhead added.

   Explain the reasons for any program changes or adjustments reported in hour or cost burden. There is no change in the estimated total annual burden compared with that identified in the ICR currently approved by OMB, but there is an increase in the estimated burden costs and a decrease in the estimated number of total respondents. This change is an adjustment.  The increase in the respondent burden and agency costs were caused by an increase in the hourly wages and a change in the methodology to calculate loaded wages (wages plus fringe benefits and overhead). Please refer to Handbook on Valuing Changes in Time Use Induced by Regulatory Requirements and Other U.S. EPA Actions (Attachment 4). The change in the estimated number of respondents is based on EPA experience.    For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions. Not applicable.    If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate. Not applicable.     Explain each exception to the certification statement identified in "Certification for Paperwork Reduction Act Submissions." EPA does not request an exception to the certification of this information collection.  Supplemental Information This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0209). Responses to this collection of information are voluntary for certain persons, as specified in TSCA Section 14(d). 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 public reporting and recordkeeping burden for this collection of information is estimated to be 14.8 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. List of Attachments The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2017-0652. Ref. Title  1. Attachment 1: EPA Guidance documents outlining the circumstances under which TSCA allows the Agency to disclose CBI and how representatives of the three groups listed above can request disclosure: "Access to Toxic Substances Control Act Confidential Business Information: A guide for access to TSCA CBI for state, local, and tribal governments" 2.  Attachment 2: EPA Guidance documents outlining the circumstances under which TSCA allows the Agency to disclose CBI and how representatives of the three groups listed above can request disclosure: "Access to Toxic Substances Control Act Confidential Business Information: A guide for access to TSCA CBI for medical and environmental professionals in non-emergency situations" 3.  Attachment 3: EPA Guidance documents outlining the circumstances under which TSCA allows the Agency to disclose CBI and how representatives of the three groups listed above can request disclosure: "Access to Toxic Substances Control Act Confidential Business Information: A guide for access to TSCA CBI in emergency situations" 4. Attachment 4: Handbook on Valuing Changes in Time Use Induced by Regulatory Requirements and Other U.S. EPA Actions 5. Attachment 5: Falk, J. (2012) Comparing the Compensation of Federal and Private-Sector Employees 2011 to 2015


1 SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP) FOR OFF SITE WASTE AND RECOVERY OPERATIONS ( SUBPART DD)

1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for NESHAP Subpart DD  Off Site Waste and Recovery Operations 1( b) Short Characterization/ Abstract The National Emission Standards for Hazardous Air Pollutants ( NESHAP), were proposed on October 13, 1994 and promulgated on July 1, 1996. These standards provide for control of hazardous air pollutants ( HAP) emissions from selected facilities involved in waste management and recovery operations that are not subject to federal air standards under other subparts in Part 63 commencing construction, modification or reconstruction after the date of proposal if the facility is a " major source" of HAP emissions as defined in general provisions to 40 CFR Part 63 or the facility potential to emit is more than 10 tons per year for a single HAP or more than 25 tons per year for multiple HAP. In addition, Subpart DD cross references control requirements to be applied to specific types of affected sources: tanks level 1, containers, surface impoundments, individual drain systems, oil water separators and organic water separators, loading, transfer, and storage systems. This information is being collected to assure compliance with 40 CFR Part 63 Subpart DD. Organic HAP emissions are the pollutants regulated under this Subpart. Owners or operators of the affected facilities described must make one time only notifications. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Semiannual reports of excess emissions ( or reports certifying that no exceedances have occurred) are required. These notifications, reports, and records are essential in determining compliance; and are required, in general, of all sources subject to NESHAP. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least 5 years following the date of such reports, and records ( 2 years at the site; the remaining 3 years may be retained off site). Approximately 250 sources are currently subject to the standard with a 0 growth projected in new sources. This is based on facility off site transfer information from the Toxics Release Inventory and Biennial Reporting System data bases. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air 2 pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. In addition, Section 114( a) States that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C) install, use, and maintain such monitoring equipment or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G) provide such other information as he may reasonably require.

In the Administrator's judgment, organic HAP emissions from Subpart DD cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NESHAP were promulgated for this source category at 40 CFR Part 63 Subpart DD.

2( b) PRACTICAL UTILITY/ USERS OF THE DATA The control of emissions of organic HAP from Subpart DD requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of organic HAP from Subpart DD are the result of operation of the off site waste receiving facilities. These standards rely on the control of organic HAP emissions by control technology. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, leaks are being detected and repaired and the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, record keeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NESHAP continue to operate the control equipment and achieve compliance with the regulation. MACT continue to operate the control equipment and achieve continuous compliance with the regulation. Adequate monitoring, record keeping, and reporting is necessary to ensure compliance with these standards, as required by the Clean Air Act. The information collected from record keeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication The record keeping and reporting requested is required under 40 CFR Part 63 Subpart DD. If the standard has not been delegated the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, a copy of the report submitted to the State or Local agency can be sent to the Administrator in lieu of the 3 report required by the Federal Standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on October 29, 1999.

3( c) Consultations No comments were received on the burden published in the Federal Register.

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

3( e) General Guidelines None of the reporting or recordkeeping requirements contained in 40 CFR Part 63 Subpart DD or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6.

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

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contained in 40 CFR Part 63 Subpart DD or otherwise pertinent to this request contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are businesses that store, treat, recycle, reprocess, or dispose of wastes containing organic chemical compounds listed as HAP that are not generated on site but instead have been generated at other location and transported to the facility 4 commencing construction, modification or reconstruction after October 13, 1994 if the facility is a " major source" of HAP emissions as defined in general provisions to 40 CFR Part 63. They are listed under SIC Code( s) 2869, 2800, 3312, 9199, 2821, 2892, 3674, 2911, 3721 and 2816. The governments is in the process of transitioning to the new North American Industrial Classification System ( NAICS). The NAICS code for this industry are 325000.

4( b) INFORMATION REQUESTED ( I) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 63 Subpart DD.

A source must make the following reports:

Notification Reports Construction/ reconstruction 63.5 Initial notifications 63.9( b)

Actual startup 60.7( a)( 3), 61.09( a)( 2)

Initial performance test 63.7( b), 63.9( e)

Rescheduled initial performance test 63.7( b)( 2)

Demonstration of continuous monitoring system 63.9( g)

Compliance status 63.9( h)

Physical or operational change 63. X Notification of performance tests 63.697 ( b) ( 1)

Performance test results 63.697 ( b) ( 2)

Startup, shutdown, malfunction reports 63.697 ( b) ( 3)

Semi annual summary report 63.697 ( c)

Notification of tank floating roof inspection 63.686 ( d) ( 3) ( vi)

Notification of oil/ water separator floating roof inspection 63.687 ( d) ( 6)

Notification of tank refill 63.697 ( d) ( 1)

Notification of seal gap measurements 63.697 ( d) ( 2) 5 Reports Initial performance test results 63.10( d)( 2)

Opacity or visible emissions 63.10( d)( 3)

Periodic startup, shutdown, malfunction reports 63.10( d)( 5)( I)

Source status report 63.10( e)( 3)

Excess emission reports 63.695( e)

Report of the range and explanation of monitored operating parameters 63.697 ( c)

A source must keep the following records:

Recordkeeping Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 63.10( b)( 2)

All reports and notifications 63.10( b)

Record of applicability 63.10( b)( 3)

Records for sources with continuous monitoring systems 63.10 ( c)

Records of startup, shutdown, and malfunctions, and pollution control system maintenance 63.696 ( b) ( 1)

Records of applicability determinations 63.696 ( b) ( 3)

Documentation of extension of tank emptying schedule 63.696 ( c)

Records of results of seal gap measurements and description of repairs 63.686 ( d) ( 3) ( v) ( C)

Record of sampling plan for determining VOHAP concentration at point of treatment 63.694 ( c) ( 1) ( iii)

Record of sampling plan for determining maximum HAP vapor pressure in tanks 63.694 ( j) ( 2) ( i)

Record of maximum HAP vapor pressure determinations for covered tanks 63.686 ( c) ( 5)

Records are required to be retained for 5 years. All MACT standards require 5 years of record retention. The first 2 years of records must be kept onsite; the remaining 3 years may be retained off site. ii. Respondent Activities 6 Respondent Activities Determine the VOHAP concentration for of site material at the point of delivery and for the treated offsite material streams at the point of treatment.

Determine the required HAP mass removal rate, actual HAP mass removal rate, HAP reduction efficiency and HAP biodegradation efficiency.

Determine the maximum organic HAP vapor pressure of the off site material in tanks and the process vent stream flow rate and total HAP concentration.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

The owner or operator may use the example report forms that EPA has made available in EPA's draft " The Plain Language Guide to 40 CFR Part 63 Subaprt DD ( Off Site Waste and Recovery Operations NESHAP)" but they are not required to use them. The owner or operator may want to check with your State or local air pollution control board to make sure that they do not have their own forms. If the EPA forms are used, first be sure that they met any requirements that the State or local agency has or other technical collection techniques including electronic submissions.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the information required under 40 CFR Subpart DD.

Agency Activities Observe initial performance tests and repeat performance tests if necessary. Agency Activities 7 Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Aerometric Information Retrieval System ( AIRS) database.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. Information contained in the reports is entered into AIRS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AIRS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AIRS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data. The records required by this regulation must be retained by the owner or operator for five years.

5( c) Small Entity Flexibility There are no small businesses affected by this standard.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown on Table 2.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory under 40 CFR Part 63, Subpart DD. The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 162,050 person hours. These hours are based on Agency studies 8 and background documents from the development of the standards or test methods, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received . 6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses labor rates of Executive, Administrative, and Managerial  $ 73.93; Technical  $ 54.94; Clerical  $ 34.42; from the United States Department of Commerce Bureau of Labor Statistics, March 1999, Table 10: Employment Costs for Private Industry by Occupational and Industry Group. The rates are from column 1: Total compensation. The labor rates shown have been loaded by including an 110% overhead.

( ii) Estimating Capital and Operations and Maintenance Costs The only type of industry costs associated with the information collection activity in the standards are labor costs. There are no capital or operations and maintenance costs. The type of industry costs associated with the information collection activity in the standards are labor and CEMs. The capital start up costs are one time costs when a facility becomes subject to the standard. The capital start up costs for this regulation are 0 dollars. This is based on 0 new sources per year. The annual operations and maintenance costs are 0 dollars. This is because reporting and recordkeeping requirements on the part of the respondents are required under the General Provisions for MACT standards.

6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information. Publication and distribution of the information are part of the AIRS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Federal Government cost during the 3 years of the ICR is estimated to be $ 156,105 ( from Table 1). This cost is based on an average wage of a GS 10 step 1 employee rate, ($ 16.52 hr + 110% overhead = $ 34.69) and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Agency Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs The number of existing sources subject to 40 CFR Part 63, Subpart DD is 250. The number of new sources subject to 40 CFR part 63 Subpart DD is 0. The number of total respondents is 250. This is the number of existing sources plus the number of sources anticipated in one year. The total annual responses is 1000. This number is calculated from the number of new sources multiplied by the number of initial reports, plus the number of existing sources multiplied by the number quarterly reports. The total annual labor costs are $ 9,044,008. Details upon which this estimate is based appear in Table 2: Industry Burden.

6( e) Bottom Line Burden Hours And Cost Tables See attached tables. 9 6( f) Reasons for Change in Burden The attached responded burden estimate represents a decrease in burden from the most recently approved ICR. The 162,050 person hours burden estimate shown on the attached tables represent a reduction of 46,083 person hours per year based on the previous ICR burden estimate of 208,133 personhours This annual average burden reduction is due primarily to the need not to include the burden estimate from the one time activities that facility owners and operators performed during the first year of following promulgation of the Subpart DD rule.

6( g) Burden Statement Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania, Ave., NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR renewal number 1717.03 and OMB control number 2060 0313 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51957-51960]
[FR Doc No: 2019-21241]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0193; Product Identifier 2018-NM-159-AD; Amendment
39-19711; AD 2019-16-08]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-22-
13, which applied to certain Airbus SAS Model A350-941 and -1041
airplanes. AD 2018-22-13 required revising the existing airplane flight
manual (AFM) to provide the flightcrew with updated procedures related
to inboard aileron fault operations. This AD continues to require that
AFM revision, and also requires modification of the electronic
centralized aircraft monitoring (ECAM) procedures by installing an
Airbus temporary quick change (ATQC) and activating an ECAM temporary
change. This AD was prompted by a technical issue detected on the
inboard aileron electrohydrostatic actuators that caused potential
erroneous monitoring of those actuators. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective November 5, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 5,
2019.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>internet http://www.airbus.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0193.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0193; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-22-13, Amendment 39-19486 (83 FR
55617, November 7, 2018) (``AD 2018-22-13''). AD 2018-22-13 applied to
certain Airbus SAS Model A350-941 and -1041 airplanes. The NPRM
published in the Federal Register on April 8, 2019 (84 FR 13843). The
NPRM was prompted by a technical issue detected on the inboard aileron
electrohydrostatic actuators that caused potential erroneous monitoring
of those actuators. The NPRM proposed to continue to require revising
the existing AFM to provide the flightcrew with updated procedures
related to inboard aileron fault operations. The NPRM also proposed to
require modifying the ECAM procedures by installing an ATQC and
activating an ECAM temporary change. The FAA is issuing this AD to
address possible in-flight loss of inboard aileron control, consequent
increased fuel consumption due to the resulting drag, and reduced
control or performance of the airplane if one engine is also
inoperative.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, issued EASA AD 2018-
0213R1, dated November 9, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states:

    A technical issue was detected on the inboard aileron electro-
hydrostatic actuators, causing potential erroneous monitoring of
those actuators. Consequently, in-flight loss of inboard aileron
control may occur, which, due to the resulting drag, would lead to
increased fuel consumption.
    This condition, if not corrected, and if combined with one
engine inoperative, could result in reduced control or performance
of the aeroplane.
    To address this potential unsafe condition, Airbus issued the
AFM TR [temporary revision] and Flight Operations Transmission (FOT)
999.0062/18, informing operators that Airbus provides two different
Airbus Temporary Quick Changes (ATQC) to the Electronic Centralized
Aircraft Monitoring (ECAM), depending on the installed FWS [flight
warning system] standard, either STD [standard] S4/2.0 or STD S5/
2.2, as applicable, and issued the applicable SB [service bulletin]
accordingly, providing modification instructions.
    For the reasons described above, this [EASA] AD requires
amendment of the applicable AFM and installation of ATQC V4,
followed by ECAM Temporary Change (ETC) activation, to update the
procedures related to inboard aileron fault operations. This AD is
considered to be an interim action and further AD action may follow.
    This [EASA] AD is revised to amend the Applicability and correct
some additional (minor) errors.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0193.

Comments

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

Support for NPRM

    The Air Line Pilots Association, International (ALPA), and
commenters Christian Maldonado, Claudia Galica, and Cristian Silva
supported the NPRM.

Request To Include Alternative Service Information

    Delta Airlines, Inc. (Delta), requested that the FAA revise
paragraph (h)(1)(ii) of the proposed AD to allow installation of ATQC
version 5 for FWS standard S5/2.2, in accordance with Airbus Service
Bulletin A350-31-P032, dated February 28, 2019, instead of ATQC version
4. Delta asserted that version 5 is the next evolution and encompasses
the items in version 4, so compliance would be maintained with the
version 4 improvements. Delta added that allowing installation of
version 5 in the proposed AD would prevent the need to request approval
of an alternative method of compliance to install version 5.
    The FAA partially agrees with the commenter's request. ATQC version
5 has also been found to mitigate the unsafe condition and is an
acceptable method of compliance for this AD. However, version 5 cannot
be installed if version 4 has not yet been installed. Therefore, all
airplanes must install version 4, and any airplane may have version 5
installed afterwards. The FAA has revised paragraph (h)(1)(ii)
accordingly.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    Airbus issued the following service information:
    Service Bulletin A350-31-P028, dated September 17, 2018, describes
procedures for installing ATQC standard V4 for FWS standard S4/2.0.
    Service Bulletin A350-31-P029, dated September 17, 2018, describes
procedures for installing ATQC standard V4 for FWS standard S5/2.2.
    Service Bulletin A350-31-P030, dated September 17, 2018, describes
procedures for activating ECAM temporary change code No. 27AF.
    Service Bulletin A350-31-P032, dated February 28, 2019, describes
procedures for installing ATQC standard V5 for FWS standard S5/2.2.
    Airbus A350 Temporary Revision (TR) 113, Issue 1, dated August 17,
2018, provides updated procedures related to inboard aileron fault
operations. (This document was originally incorporated by reference in
AD 2018-22-13 as of November 23, 2018 (83 FR 55617, November 7, 2018).
However, AD 2018-22-13 had identified this TR with an incorrect, pre-
approval date of July 27, 2018. The FAA has provided the correct date
of the TR throughout this AD.)
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 11 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                1 work-hour x $85 per                 $0             $85            $935
 2018[dash]22[dash]13.                   hour = $85.
New actions...........................  4 work-hours x $85 per                 0             340           3,740
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the agency cost estimate.

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.
    The FAA is 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2018-22-13, Amendment 39-19486 (83 FR 55617, November 7, 2018), and
adding the following new AD:

2019-16-08 Airbus SAS: Amendment 39-19711; Docket No. FAA-2019-0193;
Product Identifier 2018-NM-159-AD.

(a) Effective Date

    This AD is effective November 5, 2019.

(b) Affected ADs

    This AD replaces AD 2018-22-13, Amendment 39-19486 (83 FR 55617,
November 7, 2018) (``AD 2018-22-13'').

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, except those on which
Airbus modifications 113758 and 113759 have been embodied in
production.

(d) Subject

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

(e) Reason

    This AD was prompted by a technical issue detected on the
inboard aileron electrohydrostatic actuators that caused potential
erroneous monitoring of those actuators. The FAA is issuing this AD
to address possible in-flight loss of inboard aileron control,
consequent increased fuel consumption due to the resulting drag, and
reduced control or performance of the airplane if one engine is also
inoperative.

(f) Compliance

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

(g) Retained Revision of Existing Airplane Flight Manual (AFM), With
Revised Compliance Language and Corrected Temporary Revision (TR) Date

    This paragraph restates the requirements of paragraph (g) of AD
2018-22-13, with revised compliance language and a corrected TR
date. At the applicable time specified in paragraph (g)(1) or (2) of
this AD, revise the Abnormal Procedures section of the existing AFM
to include the information in Airbus A350 TR 113, Issue 1, dated
August 17, 2018, which introduces updated procedures related to
inboard aileron fault operations. This may be done by inserting a
copy of Airbus A350 TR 113, Issue 1, dated August 17, 2018, into the
existing AFM. When Airbus A350 TR 113, Issue 1, dated August 17,
2018, has been included in general revisions of the existing AFM,
the general revisions may be inserted into the existing AFM,
provided the relevant information in the general revisions is
identical to that in Airbus A350 TR 113, Issue 1, dated August 17,
2018, and the TR may be removed. Operate the airplane according to
the procedures in Airbus A350 TR 113, Issue 1, dated August 17,
2018. In case any discrepancy is identified between procedures
displayed on the electronic centralized aircraft monitoring (ECAM)
and procedures stated in the applicable existing AFM, the existing
AFM procedures prevail.
    (1) For airplanes modified by Airbus modifications 113758 and
113760: Within 30 days after the effective date of this AD.
    (2) For airplanes not identified in paragraph (g)(1) of this AD:
Within 30 days after November 23, 2018 (the effective date of AD
2018-22-13).

(h) New Requirement of This AD: Modification

    Within 6 months after the effective date of this AD, do the
actions specified in paragraphs (h)(1) and (2) of this AD.
    (1) Install the Airbus temporary quick change (ATQC) as
specified in paragraph (h)(1)(i) or (ii) of this AD, as applicable.
    (i) For airplanes with flight warning system (FWS) standard S4/
2.0: Install ATQC standard V4 for FWS standard S4/2.0, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A350-31-P028, dated September 17, 2018.
    (ii) For airplanes with FWS standard S5/2.2: Install ATQC
standard V4 for FWS standard S5/2.2, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A350-31-P029,
dated September 17, 2018. After installation of ATQC standard V4,
ATQC standard V5 for FWS standard S5/2.2 may be installed, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A350-31-P032, dated February 28, 2019.
    (2) Activate ECAM temporary change code No. 27AF, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A350-31-P030, dated September 17, 2018.

(i) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, 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 International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>    (i) 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.
    (ii) AMOCs approved previously for AD 2018-22-13 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the European Union Aviation Safety Agency (EASA); or
Airbus SAS's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0213R1, dated November 9, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0193.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A350-31-P028, dated September 17,
2018.
    (ii) Airbus Service Bulletin A350-31-P029, dated September 17,
2018.
    (iii) Airbus Service Bulletin A350-31-P030, dated September 17,
2018.
    (iv) Airbus Service Bulletin A350-31-P032, dated February 28,
2019.
    (v) Airbus A350 Temporary Revision (TR) 113, Issue 1, dated
August 17, 2018.
    (4) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email<EMAIL_ADDRESS>
internet http://www.airbus.com.
    (5) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-21241 Filed 9-30-19; 8:45 am]
BILLING CODE 4910-13-P