[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65159-65161]
[FR Doc No: 2022-23617]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 87, No. 208 / Friday, October 28, 2022 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No.: FAA-2006-25755]

Operating Limitations at New York Laguardia Airport

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

ACTION: Extension to order.

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SUMMARY: This action extends the Order Limiting Operations at New York
LaGuardia Airport (LGA) published on December 27, 2006, as most
recently extended September 18, 2020. The Order remains effective until
October 26, 2024.

DATES: This action is effective on October 28, 2022.

ADDRESSES: Requests may be submitted by mail to the Slot Administration
Office, System Operations Services, AJR-0, Room 300W, 800 Independence
Avenue SW, Washington, DC 20591, or by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: For questions concerning this Order
contact: Al Meilus, Slot Administration and Capacity Analysis, FAA ATO
System Operations Services, AJR-G5, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
2822; email [email protected].

SUPPLEMENTARY INFORMATION:

Availability of Relevant Documents

    You may obtain an electronic copy using the internet by:
    (1) Searching the Federal eRulemaking Portal at
www.regulations.gov;
    (2) Visiting the FAA's Dynamic Regulatory System website at https://drs.faa.gov; or
    (3) Accessing the Government Publishing Office's website at
www.GovInfo.gov.
    You also may obtain a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the docket number.

Background

    The FAA historically limited the number of arrivals and departures
at LGA through the implementation of the High Density Rule (HDR).\1\ By
statute enacted in April 2000, (the Aviation Investment and Reform Act
for the 21st Century (AIR-21)), Congress terminated the HDR's
applicability to LGA beginning on January 1, 2007.\2\ The FAA issued
the Order Limiting Operations at New York LaGuardia Airport on December
27, 2006, adopting temporary limits on scheduled and unscheduled
operations at LGA pending the completion of rulemaking to address long-
term limits and related policies.\3\ This Order was amended on November
8, 2007, and August 19, 2008.\4\ Under the amended Order, the FAA
limited scheduled and unscheduled operations at the airport to prevent
congestion-related delays associated with LaGuardia's limited runway
capacity. The FAA extended the expiration date of the amended Order on
October 7, 2009, April 4, 2011, May 14, 2013, March 27, 2014, May 25,
2016, September 18, 2018, and September 18, 2020.\5\
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    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for
operating at high density traffic airports in 14 CFR part 93,
subpart K. The HDR required carriers to hold a reservation, which
came to be known as a ``slot,'' for each takeoff or landing under
instrument flight rules at the high density traffic airports.
    \2\ Aviation Investment and Reform Act for the 21st Century
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
    \3\ 71 FR 77854.
    \4\ 72 FR 63224; 73 FR 48428
    \5\ 74 FR 51653; 76 FR 18616, amended by 77 FR 30585 (May 23,
2012); 78 FR 28278; 79 FR 17222; 81 FR 33126; 83 FR 47065; and, 85
FR 58255.
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    Under this Order, as amended, the FAA (1) maintains the current
hourly limits of 71 for scheduled operations and three for unscheduled
operations at LGA during the slot-controlled hours; (2) imposes an 80
percent minimum usage requirement for Operating Authorizations (OAs)
\6\ with defined exceptions; (3) provides a mechanism for withdrawal of
OAs for FAA operational reasons; (4) provides for a lottery to
reallocate withdrawn, surrendered, or unallocated OAs; and (5) allows
for trades and leases of OAs for consideration for the duration of the
Order.
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    \6\ Also referred to herein as ``slots.''
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    The reasons for retaining the Order have not changed appreciably
since its initial issuance. Despite the dynamic demand during the 2020-
2022 period due to the COVID-19 pandemic, runway capacity at LGA
remains limited, while demand for access to LGA remains high. The FAA
has determined that the operational limitations imposed by this Order
are appropriate and necessary. During the effective period of this
Order, the FAA will continue to monitor demand, performance, and runway
capacity at LGA, to determine if changes are warranted.
    In 2009, the FAA reduced the scheduling limits under this Order
from 75 operations per hour to 71 per hour to provide an opportunity to
improve operations.\7\ The FAA did not require a reduction of historic
slots to reach the new hourly limits. Instead, historic allocations
were honored. However, slots voluntarily returned or withdrawn per the
terms of the Order are not reallocated if the hourly totals exceed the
revised 71 hourly scheduling limit. As a result of this historic
practice, between 72 and 75 slots remain authorized in most slot-
controlled hours. The FAA, in coordination with the Office of the
Secretary of Transportation (OST), will continue to consider potential
rulemaking to codify policies for slot-controlled airports.
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    \7\ 74 FR 2646 (Jan. 15, 2009).
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Pending Issues

    In extending the Orders limiting operations at LGA and John F.
Kennedy International Airport (JFK) in 2018, the FAA noted that receipt
of specific proposals for policy changes that would necessitate
substantive modifications to the Orders.\8\ Consideration of these
issues is ongoing. Accordingly, the FAA is extending the expiration
date of this Order until October 26, 2024. This expiration date
coincides with the extended expiration date for the Order limiting
scheduled operations at JFK, as

also published elsewhere in the Federal Register.
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    \8\ See discussion of ``Current Issues'' in 2018 JFK Order, 83
FR at 46865, and LGA Order, 83 FR at 47065.
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    The FAA continues to monitor demand, performance, and runway
capacity at LGA in order to determine if changes are warranted during
the effective period of this Order. The FAA is working with MITRE's
Center for Advanced Aviation System Development on a study analyzing
airport runway configurations and capacity. The continuation of this
study will investigate the projected delays with alternative demand
scenarios, as well as consider a number of the complexities associated
with LGA operations, including interaction with other nearby airports
and operational growth limitations due to the busy airspace surrounding
the New York Area.
    The FAA finds that notice and comment procedures under 5 U.S.C.
553(b) are impracticable, unnecessary, and contrary to the public
interest, as carriers have planned schedules for the Winter 2022/2023
scheduling season and no substantive amendments are included in this
action. For these reasons, the FAA also finds that it is impracticable
and contrary to the public interest to delay the effective date of this
action under 5 U.S.C. 553(d).

The Amended Order

    The Order, as amended, is recited below in its entirety:

A. Scheduled Operations

    With respect to scheduled operations at LaGuardia:
    1. The Order governs scheduled arrivals and departures at LaGuardia
from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and
from 12 noon through 9:59 p.m., Eastern Time, Sunday. Seventy-one (71)
Operating Authorizations are available per hour and will be assigned by
the FAA on a 30-minute basis. The FAA will permit additional, existing
operations above this threshold; however, the FAA will retire Operating
Authorizations that are surrendered to the FAA, withdrawn for non-use,
or unassigned during each affected hour until the number of Operating
Authorizations in that hour reaches seventy-one (71).
    2. The Order took effect on January 1, 2007, and will expire on
October 26, 2024.
    3. The FAA will assign operating authority to conduct an arrival or
a departure at LaGuardia during the affected hours to the air carrier
that holds equivalent slot or slot exemption authority under the High
Density Rule of FAA slot exemption rules as of January 1, 2007; to the
primary marketing air carrier in the case of AIR-21 small hub/non-hub
airport slot exemptions; or to the air carrier operating the flights as
of January 1, 2007, in the case of a slot held by a non carrier. The
FAA will not assign operating authority under the Order to any person
or entity other than a certificated U.S. or foreign air carrier with
appropriate economic authority and with operating authority from FAA
under 14 CFR part 121, 129 or 135.
    4. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
    5. An air carrier may lease or trade an Operating Authorization to
another carrier for any consideration, not to exceed the duration of
the Order. Notice of a trade or lease under this paragraph must be
submitted in writing to the FAA Slot Administration Office, facsimile
(202) 267-7277 or email [email protected], and must come from a
designated representative of each carrier. The FAA must confirm and
approve these transactions in writing prior to the effective date of
the transaction. However, the FAA will approve transfers between
carriers under the same marketing control up to 5 business days after
the actual operation. This post-transfer approval is limited to
accommodate operational disruptions that occur on the same day of the
scheduled operation.
    6. Each air carrier holding an Operating Authorization must forward
in writing to the FAA Slot Administration Office a list of all
Operating Authorizations held by the carrier along with a listing of
the Operating Authorizations actually operated for each day of the two-
month reporting period, within 14 days after the last day of the two-
month reporting period beginning January 1 and every two months
thereafter. Any Operating Authorization not used at least 80 percent of
the time over a two-month period will be withdrawn by the FAA except:
    A. The FAA will treat as used any Operating Authorization held by
an air carrier on Thanksgiving Day, the Friday following Thanksgiving
Day, and the period from December 24 through the first Saturday in
January.
    B. The FAA will treat as used any Operating Authorization obtained
by an air carrier through a lottery under paragraph 7 for the first 120
days after allocation in the lottery.
    C. The Administrator of the FAA may waive the 80 percent usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the air carrier and which
affects carrier operations for a period of five consecutive days or
more.
    7. In the event that Operating Authorizations are withdrawn for
nonuse, are surrendered to the FAA, or are unassigned, the FAA will
determine whether any of the available Operating Authorizations should
be reallocated. If so, the FAA will conduct a lottery using the
provisions specified under 14 CFR 93.225. The FAA may retime an
Operating Authorization prior to reallocation in order to address
operational needs.
    8. If the FAA determines that a reduction in the number of
allocated Operating Authorizations is required to meet operational
needs, such as reduced airport capacity, the FAA will conduct a
weighted lottery to withdraw Operating Authorizations to meet a reduced
hourly or half-hourly limit for scheduled operations. The FAA will
provide at least 45 days' notice unless otherwise required by
operational needs. Any Operating Authorization that is withdrawn or
temporarily suspended will, if reallocated, be reallocated to the air
carrier from which it was taken, provided that the air carrier
continues to operate scheduled service at LaGuardia.
    9. The Vice President, System Operations Services, in coordination
with the Chief Counsel of the FAA, is the final decision maker for
determinations under this Order.
    10. The FAA may modify or withdraw any provision in this Order on
its own or on application by any carrier for good cause shown.

B. Unscheduled Operations \9\
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    \9\ Unscheduled operations are operations other than those
regularly conducted by an air carrier between LaGuardia and another
service point. Unscheduled operations include general aviation,
public aircraft, military, irregular charter, ferry, and positioning
flights. Regularly conducted commercial flights require an Operating
Authorization and may not use unscheduled operation reservations.
Helicopter operations are excluded from the reservation requirement.
Unscheduled flights operating under visual flight rules (VFR) may be
accommodated by the local air traffic control facilities and are not
included in the hourly limits.
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    With respect to unscheduled flight operations at LaGuardia, the FAA
adopts the following:
    1. The Order applies to all operators of unscheduled flights,
except helicopter operations, at LaGuardia from 6 a.m. through 9:59
p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59
p.m., Eastern Time, Sunday.
    2. The Order took effect on January 1, 2007, and will expire on
October 26, 2024.

    3. No person can operate an aircraft other than a helicopter to or
from LaGuardia unless the operator has received, for that unscheduled
operation, a reservation that is assigned by the David J. Hurley Air
Traffic Control System Command Center's Airport Reservation Office
(ARO), or for unscheduled visual flight rule operations, received
clearance from ATC. Additional information on procedures for obtaining
a reservation is available via the internet at http://www.fly.faa.gov/ecvrs.
    4. Three (3) reservations are available per hour for unscheduled
operations at LaGuardia. The ARO will assign reservations on a 30-
minute basis.
    5. The ARO receives and processes all reservation requests.
Reservations are assigned on a ``first-come, first-served'' basis,
determined as of the time that the ARO receives the request. A
cancellation of any reservation that will not be used as assigned is
required.
    6. Filing a request for a reservation does not constitute the
filing of an instrument flight rules (IFR) flight plan, as separately
required by regulation. After the reservation is obtained, an IFR
flight plan can be filed. The IFR flight plan must include the
reservation number in the ``remarks'' section.
    7. Air Traffic Control will accommodate declared emergencies
without regard to reservations. Nonemergency flights in direct support
of national security, law enforcement, military aircraft operations, or
public aircraft operations will be accommodated above the reservation
limits with the prior approval of the Vice President, System Operations
Services, Air Traffic Organization. Procedures for obtaining the
appropriate reservation for such flights are available via the internet
at http://www.fly.faa.gov/ecvrs.
    8. Notwithstanding the limits in paragraph 4, if the Air Traffic
Organization determines that air traffic control, weather, and capacity
conditions are favorable and significant delay is not likely, the FAA
can accommodate additional reservations over a specific period. Unused
operating authorizations can also be temporarily made available for
unscheduled operations. Reservations for additional operations are
obtained through the ARO.
    9. Reservations cannot be bought, sold, or leased.
    10. The Vice President, System Operations Services, in coordination
with the Chief Counsel of the FAA, is the final decision maker for
determinations under this Order.
    11. The FAA may modify or withdraw any provision in this Order on
its own or on application by any carrier for good cause shown.

C. Enforcement

    The FAA may enforce the Order through an enforcement action seeking
a civil penalty under 49 U.S.C. 46301(a). The FAA or Department of
Justice also could file a civil action in U.S. District Court, under 49
U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier from
violating the terms of the Order.

    Issued in Washington, DC, on October 26, 2022.
Alyce Hood-Fleming,
Acting Vice President, System Operations Services.
[FR Doc. 2022-23617 Filed 10-26-22; 4:15 pm]
BILLING CODE 4910-13-P


                    INFORMATION COLLECTION REQUEST REVISION
                                      FOR
                 PARTICULATE MATTER 2.5 AMBIENT AIR MONITORING
                                40 CFR PART 58

	OMB 2007-0492, EPA ICR #

                             SUPPORTING STATEMENT

	Table of Contents

PART A OF SUPPORTING STATEMENT

Section 1.  Identification of the Information Collection
	1(a) Title of the Information Collection	1
	1(b) Short Characterization/Abstract	1

Section 2.  Need For and Use of the Collection
	2(a) Need/Authority for the Collection	2
	2(b) Practical Utility/Users of the Data	3

Section 3.  Non-duplication, Consultations, and Other Collection Criteria
	3(a) Non-duplication	4
	3(b) Public Notice Required Prior to ICR Submission to OMB	5
	3(c) Consultations	5
	3(d) Effects of Less Frequent Collection	5
	3(e) General Guidelines	6
	3(f) Confidentiality	6
	3(g) Sensitive Questions	6

Section 4.  The Respondents and the Information Requested
	4(a) Respondents/SIC Codes	7
	4(b) Information Requested	7

Section 5.  The Information Collected--Agency Activities, Collection Methodology, and Information Management
	5(a) Agency Activities	10
	5(b) Collection Methodology and Management	11
	5(c) Small Entity Flexibility	11
	5(d) Collection Schedule	12

Section 6.  Estimating the Burden and Cost of the Collection
	6(a) Estimating Respondent Burden	13
	6(b) Estimating Respondent Costs	14
	6(c) Estimating Agency Burden and Cost	15
	6(d) Estimating the Respondent Universe and Total Burden and Costs	15
	6(e) Bottom Line Burden Hours and Cost Tables	15
	6(f) Reasons for Change in Burden	16
	6(g) Burden Statement	16

PART B OF SUPPORTING STATEMENT

                        PART A OF SUPPORTING STATEMENT

1.  IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)  Title of the Information Collection

	"Revisions to Ambient Air Monitoring Regulations for Fine Particulate Matter"

1(b)  Short Characterization/Abstract

      This Information Collection Request (ICR) includes ambient air monitoring data reporting and recordkeeping activities associated with the 40 CFR part 58 Ambient Air Quality Surveillance regulations.  These data and information are collected by State, local, and Tribal air quality management agencies and reported to the U.S. Environmental Protection Agency (EPA).

EPA is taking comment on this ICR as part of the final rulemaking as an ICR was not published with the rule proposal.

EPA is finalizing several updates to monitoring requirements for fine particles, including a requirement for monitoring along heavily traveled roads in large urban areas. Pollution can be higher along these roads as a result of emissions from cars, and from heavy duty diesel trucks and buses.  Near‐roadway PM2.5 monitoring will be required at one location in each urban
area (a core‐based statistical area, or CBSA) with a population of 1 million or more. These
monitors, to be located at near‐road monitoring sites also measuring nitrogen dioxide or
carbon monoxide, will have to be operational no later than Jan. 1, 2015.  EPA is not increasing the size of the national PM2.5 monitoring network, which consists of about 900 monitors; the agency anticipates that states would be able to relocate existing monitors (about 52 total) to meet the near‐roadway requirement.  For purposes of costing in this ICR, only 21 monitors will be moved by 2015.  Data from these monitors, along with other monitors in the area, could be used to determine whether the area is meeting both the annual and 24‐hour standards. However, data from these monitors would not be available in time for use in making initial attainment and nonattainment designations.

Other proposed updates to the monitoring and data handling requirements include: Updates to data handling requirements to reflect proposed revisions to the standards, and to clarify existing requirements.

EPA is not proposing any changes to monitoring requirements for coarse particles (PM10).

The burden estimates are for the 3-year period from 2013 through 2015.

The data collected through this information collection consist of ambient air concentration measurements for the criteria air pollutants with the PM2.5 NAAQS and meteorological variables at a select number of monitoring sites throughout the United States.  Accompanying the pollutant concentration data are quality assurance/quality control data and air monitoring network design information.

      The EPA and others (e.g., State, local, and Tribal air quality management agencies, environmental groups, academic institutions, industrial groups) use the ambient air quality data for many purposes.  Some of the more prominent uses include informing the public and other interested parties of an area's air quality, judging an area's (e.g., county, city, neighborhood) air quality in comparison with the established health or welfare standards (including both national and local standards), evaluating an air quality management agency's progress in achieving or maintaining air pollutant levels below the national and local standards, developing and revising State Implementation Plans (SIPs) in accordance with 40 CFR part 51, evaluating air pollutant control strategies, developing or revising national control policies, providing data for air quality model development and validation, supporting enforcement actions, documenting episodes and initiating episode controls, air quality trends assessment, and air pollution research.

      The State, local, and tribal air quality management agencies with responsibility for reporting ambient air quality data and information as requested in this ICR submit these data electronically to the EPA's Air Quality System (AQS) and AIRNow databases.  Quality assurance/quality control records and monitoring network documentation are also maintained by each State, local, and Tribal agency, in AQS electronic format where possible.

      Although the State, local, and Tribal air quality management agencies are responsible for the operation of the air monitoring networks, the EPA funds a portion of the total costs through federal grants.  Some of these grants require an appropriate level of contribution, or match, from the State/local air quality management agencies.  The costs shown in this ICR are the total costs incurred for the monitoring program regardless of the source of the funding.  This practice of using the total cost is consistent with the prior ICR submittals for 40 CFR part 58.

      This Information Collection is estimated to involve 133 respondents for a total cost of approximately $53,211,231 (total capital, and labor and non-labor operation and maintenance) plus a total burden of 410,862 hours.  The labor costs associated with the hours is $38,291,920.  Included in the $53,211,231 total are other costs of non-labor operations and maintenance of $1,079,896 and equipment and contract costs of $13,839,415.  In addition to the costs at the State, local, and Tribal air quality management agencies, there is a burden to EPA of total of 35,098 hours and $2,272,078.  The incremental cost estimate to move the 21 monitors in 2015 to meet the near-road requirement is $28,570.

2.  NEED FOR AND USE OF THE COLLECTION

2(a)  Need/Authority for the Collection

      The information requirements included within this ICR are necessary to provide the EPA with ambient air quality surveillance data to determine the United States air quality status, to make attainment decisions with respect to the PM NAAQS, to assist in developing necessary control strategies to ensure attainment of the PM NAAQS, to assess national trends in air pollution, to inform the public of air quality, and to determine the population exposure to various ambient air pollutants.  The EPA's goal of attaining the NAAQS in all areas of the United States is directly dependent upon the availability of ambient air quality data requested in this information collection.  Additionally, the EPA, State, local, and Tribal air quality management agencies, environmental groups, industrial groups, and academic organizations use these data to study atmospheric chemistry, e.g., the formation of ozone, to determine the most appropriate and effective control strategies necessary to reduce air pollution.

      The principal legal authority for this information collection is the Clean Air Act 42 U.S.C.A. 7403, 7410, and 7511a, from which the 40 CFR part 58 regulations were promulgated.

      Under  7403 (c), the Administrator is required to conduct a program of research, testing, and development of methods for sampling, measurement, monitoring, analysis, and modeling of air pollutants, specifically including a requirement to establish a national network to monitor, collect, and compile data with quantification of certainty in the status and trends of air emissions and air quality.  This program will also include the development of improved methods and technologies to increase understanding of the sources of ozone precursors, ozone formation, ozone transport, regional influences on urban ozone, regional ozone trends, and interactions of ozone with other pollutants.

      Section 7410 (a) contains the SIP requirements, which include a requirement that each State submit a SIP that provides for the establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, analyze, and make available to the Administrator data on ambient air quality.

      Section 7511a (c)(1) states that the Administrator will promulgate rules requiring that State, local, and Tribal air quality management agencies conduct enhanced monitoring of ozone and its precursors (oxides of nitrogen and volatile organic compounds) in serious, severe, or extreme ozone nonattainment areas.

2(b)  Practical Utility/Users of the Data

      The EPA Office of Air Quality Planning and Standards (OAQPS) uses the ambient air quality data included within this collection to make attainment decisions with respect to each air pollutant subject to NAAQS.  For those areas that do not attain the NAAQS for one or more pollutants, the OAQPS, the affected EPA Regional Office, and the affected State or local air quality management agency will work to develop an appropriate SIP to address how the area's air quality can be improved to meet the applicable NAAQS.

      To identify how the nation is progressing in improving air quality, the OAQPS prepares annually the National Air Quality and Emissions Trends report (http://www.epa.gov/airtrends) using the ambient air quality data collected through this ICR.  The State, local, and Tribal air quality management agencies use these data for multiple purposes including tracking their progress toward achieving and maintaining air quality within the established NAAQS and any statewide standards they have established.

      Using the Air Quality Index (AQI) reporting system outlined within the 40 CFR part 58 regulations (on which this ICR is based), State, local, and Tribal air quality management agencies report air quality to the public in all metropolitan areas with a population greater than 200,000.  Details on the AQI system can be found at http://www.epa.gov/airnow.  The AQI reporting mediums can vary depending upon the location; however, it is generally reported in newspapers, on local television news stations, through a central telephone number, and/or by radio.

      The EPA, State, local, and Tribal air quality management agencies, the regulated community (e.g., industrial groups), environmental groups, and air pollution researchers (such as those at the Georgia Institute of Technology and the Harvard School of Public Health) use ambient air pollutant and meteorological data to study the emission of air pollutants, the formation of secondary air pollutants (e.g., ozone, fine particles), the transport of these pollutants over large distances, and the effects of various pollutants on the public's health and welfare.

      Given the significant impact of ambient air data upon the implementation of national and State air quality management programs, it is essential that the EPA provide the means for ensuring that the ambient air quality data measured, recorded, and reported to the Agency are of a high quality.  The means for accomplishing this need encompasses a variety of factors, such as the requirements that State, local, and Tribal air quality management agencies report precision and accuracy testing results, incorporate quality assurance/quality control procedures in their daily monitoring site operation, conduct equipment and procedure audits through the National Performance Audit Program, and work with the EPA to conduct systems audits periodically.  Records detailing the operation and maintenance practices for each ambient air monitoring site are necessary in order to meet the quality assurance/quality control requirements and recommendations.

3.  NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)  Non-duplication

      This collection is not unnecessarily duplicative of information otherwise reasonably accessible to the agency.  The AQS and AIRNOW systems, which contain information based solely on this collection, are the only national air quality data repositories available to the EPA.  The ambient air quality surveillance data and related information collected through this information collection are not otherwise reasonably accessible to the EPA.

      A few State and local air quality management agencies have their own data storage systems (e.g., the California Air Resources Board); however, most State, local, and Tribal air quality management agencies use the AQS and AIRNow as their primary repositories for all air quality data.

3(b)  Public Notice Required Prior to ICR Submission to OMB

      The 1995 Paperwork Reduction Act requires that any agency developing a non-rule related ICR must solicit public comments for a 60-day period prior to submitting the ICR to OMB.  This section is not applicable to this ICR because this is a rule-related ICR.

3(c)  Consultations

	During the development of the ICR, the EPA consulted with State and local air quality management agency contacts.  Through the course of planning, monitoring, and improving upon this collection and its associated regulation, the EPA regularly consults with affected State, local, and Tribal air quality management agencies through various methods including the regulatory process, regular meetings, and training courses.  The EPA conducts work shops and training on the AQS reporting system, e.g., the AQS Conference.  The EPA Regional Offices conduct annual ambient air monitoring meetings with their affected State, local, and Tribal air quality management agencies to assist these affected agencies with this collection and its associated regulation.  The EPA's OAQPS also meets regularly with leading State and local air monitoring managers to discuss the Nation's ambient air monitoring program and this collection, via large monthly phone calls and smaller in person meeting two or three times per year.  Starting in 1999, the Clean Air Scientific Advisory Committee (CASAC) established the subcommittee on fine particle monitoring to provide advice to EPA on various implementation aspects of the PM monitoring networks.  In addition, CASAC also has established a monitoring strategy subcommittee to extend consultation to the entire network

3(d)  Effects of Less Frequent Collection

	State, local, and Tribal air quality management agencies would collect and report ambient air quality data without the 40 CFR 58 regulation associated with this collection.  Sanctions do not automatically accrue to State or local air quality management agencies that fail to meet these requirements.  The 40 CFR part 58 regulations and this associated collection do provide for a consistent system for reporting and record keeping that would not exist without these requirements.  The effects of less frequent collection include:

      :: 	A national database that is not consistently updated and available for public consumption;

      :: 	Less timely attainment designations with respect to the NAAQS;

      :: 	More difficultly in identifying and repairing problems with an ambient air monitor--i.e., data are used as to check a monitor's operating condition, and reporting data less frequently would delay a State or local agency's ability to recognize a problem with a monitor or a laboratory procedure; and

      :: 	The EPA would not be able to consistently answer questions from the public in a timely fashion regarding air quality in various areas of the country.

3(e)  General Guidelines

      All of the OMB's general guidelines for information collections in 5 CFR 1320.6 are met by this ICR.  None of the guidelines are exceeded.

      :: 	Data reporting on a quarterly basis is the requirement.  Nearly all respondents voluntarily report on a monthly basis.

      ::	Record retention is for no more than 3 years (most records are kept by the EPA data repository, not the affected State, local, and Tribal air quality management agencies)

      ::	Information is maintained and reported in the standardized electronic AQS format.

3(f)  Confidentiality

      Information that is considered personal, private, proprietary, or confidential is not required for this collection.  One purpose of collecting ambient air data through AQS and AIRNow is to inform the public of general air quality in ambient air (air considered generally accessible to the public), and as such, does not present a need for maintaining a confidential nature.  Security measures are taken to prevent tampering with the AQS electronic database by limiting the access to the AQS mainframe only to authorized users

3(g)  Sensitive Questions

	This section is not applicable to this ICR because no information involving matters of a sensitive nature is collected.

4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)  Respondents/SIC Codes

      This ICR affects State, local, and Tribal governments (SIC code 951, Administration of Environmental Quality Program) that are currently operating and maintaining established ambient air quality networks.  The 40 CFR part 58 regulations associated with this request require that State, local, and Tribal air quality management agencies conduct the ambient air quality surveillance and report the data to the EPA's AQS.  Although industrial, environmental, and research organizations may use the data available through the AQS, they are not required to report any information for this information collection.  Data submittal to AIRNow is voluntary for all organizations, but most State and local agencies reporting to AQS also report to AIRNow.

4(b)  Information Requested

(i)  Data items, including record keeping requirements

	These data items are submitted electronically to EPA's AQS as required by 40 CFR part 58.   Those data marked with an asterisk are stored electronically within the EPA's AQS, and separate records kept by the State or local air quality management agency are not required.

      ::	Hourly ambient air pollutant concentrations of O3, SO2, NO2, and CO collected at SLAMS sites and PAMS*.

      ::	Daily (24-hour) concentration values of PM and lead collected at SLAMS sites *.

      ::	Ozone precursor and meteorological data collected at PAMS*.

      ::	Precision and accuracy data for all SLAMS sites, PAMS, and Special Purpose Monitors (SPM)*.  (PSD air quality surveillance concentration data reporting is not required by the 40 CFR part 58 regulations addressed by this ICR--the submission of these data is required under 40 CFR part 51.  However, the precision and accuracy information for PSD sites is reported under the authority of 40 CFR part 58.)

      ::	O3, CO, SO2, NO2, PM, and lead data as collected by SPMs*.  This includes data collected by collocated samplers or concurrent monitors as appropriate.

      ::	SLAMS monitoring network description information, including the site AQS identification number*, site location*, sampling and analysis method*, operating schedule*, monitoring objective*, sites scale of representation*, identity of the urban area represented*, and quality assurance plan.

      ::	PAMS network description which includes an implementation schedule, identification of the monitoring area represented*, AQS site identification number*, site location*, site type*, sampling and analysis method*, operating schedule*, and an ozone event forecasting scheme, if appropriate.

      ::	Results of the annual ambient air monitoring network and quality assurance plan review.

      ::	Annual SLAMS summary report which includes the location, date, pollution source, and duration of each incident of air pollution during which ambient levels of a pollutant reached or exceeded the significant harm levels as defined in 40 CFR 51.151*, the certification of the reports accuracy by a designated State air pollution control officer, and various other summary statistics as provided by the AQS system*.

      ::	In metropolitan areas with a population greater than 200,000, the appropriate State or local air quality management agency must report to the public through prominent notice (e.g., newspaper, radio, local weather forecast, at a publicly accessible area) the AQI value indicating the status of the areas air quality (i.e., good, moderate, unhealthful, very unhealthful, hazardous).  This prominent notice must be made on at least 5 days per week.   The AQI* is calculated using information collected in this request.

      In addition to those items recorded and stored in the EPA's AQS and AIRNow systems, State, local, and Tribal air quality management agencies maintain records on the following items:

      ::	Approved PAMS network description for areas designated as serious, severe, or extreme ozone nonattainment areas.

      ::	SLAMS site information that is not maintained on the AQS or AIRNow systems (e.g., site maps, pictures), and any siting waiver documentation provided by the Regional Administrator, the Administrator, or their designee.

      ::	The network quality assurance plan for the measurement of the criteria pollutants.  This includes operational procedures for the entire network, e.g., the selection of methods; training; equipment installation; selection and control of calibration standards; calibration; zero/span checks and adjustments of automated analyzers; control checks and their frequency; control limits for zero, span and other control checks, and respective corrective actions when such limits are surpassed; calibration and zero/span checks for multiple range analyzers; preventive and remedial maintenance; quality control procedures for air pollution episode monitoring; recording and validating data; data quality assessment (precision and accuracy); and quality control documentation.

(ii)  Respondent Activities

      A model respondent would engage in the following activities to comply with this information request:

      ::	Read the 40 CFR part 58 regulatory provisions and other EPA guidance (for example, please reference our Internet site at www.epa.gov/ttn/amtic.)

      ::	Plan ambient air monitoring activities, such as developing a quality assurance plan for the network operation and maintenance, developing and reviewing the ambient air quality surveillance network design, planning where to locate sites, plan how to maintain and operate each site, develop a data reporting and validation plan.

      ::	Write the quality assurance plan for network operation and maintenance, the ambient air quality surveillance network plan, and the data reporting and validation plan.  Submit these plans to the EPA Regional or Headquarters office for review, and approval if appropriate.

      ::	Obtain on-site leases or agreements to locate ambient air quality surveillance equipment.

      ::	Investigate vendors, and procure equipment necessary to meet the ambient air quality network plan.

      ::	Receive training for site operation and maintenance, quality assurance procedures, and data processing and reporting.

      ::	Make arrangements for appropriate utility hookups for each ambient air quality surveillance site, i.e., electricity, telephones, data lines for electronic submission of concentrations from automated analyzers.

      ::	Install ambient air quality surveillance equipment and equipment shelter.  Ensure security of the site.

      ::	Conduct ambient air quality monitoring, incorporating all appropriate quality assurance procedures such as calibrations, precision and accuracy checks, and, if necessary, concurrent monitoring.

      ::	For particulate matter and lead, conduct necessary filter collection and analyses to obtain concentration data.

      ::	Report ambient air pollutant concentration data electronically if from an automated analyzer (generally, this includes ozone, nitrogen dioxide, sulfur dioxide, and carbon monoxide measurements), and from a central location, such as a laboratory, if for particulate matter, ozone precursors, or lead samplers.

      ::	Validate the ambient air data for quality assurance considerations.

      ::	Electronically submit the complete and validated ambient air data to the AQS and/or AIRNow data repositories.

      ::	Prepare and submit to EPA annually the SLAMS sites summary report.

      Each of these activities are conducted using existing reporting and recordkeeping practices, including electronic submittal to the AQS and to AIRNow .  If the 40 CFR part 58 regulations did not exist, and presumably the related AQS and AIRNow, the quality assurance procedures, and the siting guidance did not exist, the State, local, and Tribal air quality management agencies would in a majority of cases conduct monitoring; however, methods used by each agency would vary and data would not be readily available to EPA and the public.  The influence of the 40 CFR part 58 regulations has been to provide a nationally consistent mechanism for collecting ambient air quality data including uniform quality assurance procedures, data collection and storage mediums (AQS), and uniform methodology.  Without this regulations and associated ICR, managing and maintaining a national air quality program would be extremely difficult, if possible.

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

5(a)  Agency Activities

      The EPA conducts the following activities to implement this ICR and associated regulation:

      ::	Periodically review the 40 CFR part 58 regulations to update the information collection and monitoring requirements in light of new technological developments or new air pollutant standards.  Develop revisions to the regulations in response to legislative action and program changes.

      ::	Establish, maintain, and support the AQS and AIRNow as the national repositories for all State, local, and Tribal air quality management agency ambient air quality data and monitoring information.  Periodically evaluate and improve upon this system as new technologies, and new regulatory requirements would dictate.

      ::	Answer respondent (generally State, local, and Tribal air quality management agencies, but also industrial organizations, environmental groups, and others) questions about ambient air monitoring, the 40 CFR part 58 regulatory requirements, and the AQS and AIRNow.  This includes the establishment of the Ambient Monitoring Technology Information Center bulletin board, the AQS toll-free hotline, and other written or verbal communication.

      ::	Support the quality assurance program by working within the EPA and with the respondents to evaluate precision and accuracy data, oversee the National Performance Audit Program, participate in systems audits, and conduct weekly data validation checks on the AQS data submittal.

      ::	Provide within the AQS mechanisms for statistical calculations, such as the number of times a particular ambient air quality monitoring site exceeds the NAAQS.  Distribute the AQS data in various ways including upon written request, by Freedom of Information Act request, by press release, and in the annual National Air Quality and Emissions Trends Report.

      ::	Provide adequate electronic storage space within the AQS for all ambient air quality surveillance data and information.

      ::	Provide various reports and graphics for users of AIRNow.

5(b)  Collection Methodology and Management

      All State, local, and Tribal ambient air monitoring networks have access to and use well-established quality assurance procedures as defined in the Quality Assurance Handbook for Air Pollution Measurement Systems, Volumes I and II, EPA/600/R-94/038a & b.  These documents ensure that all ambient air quality data are accurate and reliable.

      The EPA has provided and will continue to provide resources for the maintenance and operation of the AQS and AIRNow national data repositories.  All data required by this collection are submitted electronically to reduce the burden of the collection and to improve data quality, agency efficiency, and responsiveness to the public.  Various statistical and graphical summaries are also provided by the AQS and AIRNow systems which enhance the utility of the information for consumption by the public and all affected State, local, and Tribal air quality management agencies.  In submitting ambient air data into the AQS and AIRNow national repositories, we ensure that the data are publicly available, electronically stored, and electronically retrievable.  State, local, and Tribal air quality management agencies and the EPA have been submitting data to the AQS since its inception in 1987.

5(c)  Small Entity Flexibility

      This collection contains a minimum amount of information in order to manage the air quality program for the United States.  The smallest entities affected by this collection are local air quality management agencies, typically consisting of the governing agencies for a county or group of counties, or a smaller metropolitan area (e.g., cities with a population of 100,000).  This collection reduces to the extent practicable and appropriate the burden on entities that provide ambient air quality data and information to or for the EPA, including with respect to small entities, as defined in the Regulatory Flexibility Act (5 U.S.C. 601(6)), the use of such techniques as:

      ::	Establishing differing compliance or reporting requirements or timetables that account for the resources available to those who are to respond (e.g., the monitoring and reporting requirements decrease as the population of an area decreases, and various timetables for deploying ambient air monitoring stations are negotiated between the affected State or local air quality management agency and the EPA with consideration of the respondents resources);

      ::	Clarification, consolidation, or simplification of compliance and reporting requirements (e.g., by establishing, maintaining, and improving as needed the AQS and AIRNow national repositories for ambient air quality data and information);

      ::	Exemption from coverage of the collection of information, or any part thereof (e.g., the EPA negotiates with State, local, and Tribal air quality management agencies to determine the most effective and most efficient ambient air quality networks with respect to the monitoring needs, technical abilities, and resources available to each affected agency).

5(d)  Collection Schedule

      Ambient air quality surveillance data and precision and accuracy data for criteria air pollutants are submitted according to the schedule defined in 40 CFR 58.16.  These current regulations require that State and local air quality management agencies report their data within 90 days after the end of the quarter during which the data were collected.  Volatile organic compound (VOC), carbonyl, NH3, and NH03 data measured by PAMS are reported within 6 months following the end of each quarterly reporting period as in 40 CFR 58.45.

      The annual SLAMS report is submitted by July 1 of each year for data collected from January 1 through December 31 of the previous year in accordance with 40 CFR 58.15.  This certification applies to all SLAMS and all SPM monitoring data that have been submitted by July 1.

      The annual air quality surveillance network reviews are conducted and reports are submitted to the EPA on a schedule that is determined by the affected State or local air quality management agency and the EPA Regional Office.

      Ambient air quality data and information are made available to the public at any time in various ways, including:

      ::	Upon request to the appropriate EPA Regional office, or to the OAQPS;

      ::	By Freedom of Information Act Request to the appropriate EPA Regional Office or the OAQPS;

      ::	From the State or local air quality management agency responsible for collecting the ambient air quality data and information;

      ::	By obtaining access, through appropriate EPA channels, to the AQS and AIRNow to obtain the data electronically;

      ::	Through EPA public reports, such as the annual National Air Quality and Emissions Trends Report; or

      ::	Through the AIRNow data base and the AQI reporting mechanisms which include newspaper, television, Internet and other publicly available notices (see www.epa.gov/airnow).

6.  ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)  Estimating Respondent Burden

      All activities listed with section 4 (b) (ii) of this ICR Supporting Statement are presented in the Table 1 of the Appendix.  As discussed in Section 1, this ICR reflects revised burden and cost estimates updating the most recent OMB approved ICR (2002).

	The detailed burden and cost estimates for the different types of monitors with the exception of PM10-2.5 monitors are based on information provided in the updated version of Guidance for Estimating Ambient Air Monitoring Costs for Criteria Pollutants and Selected Air Toxic Pollutants (prepared by Desert Research Institute for the EPA Office of Air Quality Planning and Standards, Air Quality Assessment Division, Ambient Air Monitoring Group, January 2005).  The cost estimates presented in this guidance document are based on existing literature and direct monitoring experience.  The costs for equipment and supplies were verified with vendors.  The monitoring costs for PM10-2.5 are based on vendor quotes for the monitor type that EPA expects respondents to use to comply with the requirements and assuming that the labor hour factors associated with installing, operating, and maintaining these monitors are same as those factors for PM2.5 monitors that are presented in the guidance document.  Costs for level of effort estimates are verified with selected State and local agencies.  All cost values presented in the guidance document are adjusted to 2004 dollars, based on the average of the first two quarters.

	For use in preparing the burden estimates for this ICR, costs were inflated to 2013, 2014, or 2015 dollars using the appropriate Gross Domestic Product (GDP) price indices as reported in the report available at http://www.jsc.nasa.gov/bu2/inflateGDP.html .  Tables showing the detailed burden estimate calculations are presented in the Appendix.  A summary of the average annual respondent burden costs follows.

           Worksheet 1:  Annual Average Respondent Burden Estimates

                                  Collection
                                  Activities
                               Total Labor Hours
                            Per Respondent Per Year
                               (133 respondents)
1.  Network design
                                       3
2.  Site installation
                                      42
3.  Sampling & analysis
                                      146
4.  Maintenance & repairs
                                      400
5.  Data management
                                     1453
6.  Quality assurance
                                      446
7.  Supervision
                                      600
                                     TOTAL
                                     3090

6(b)  Estimating Respondent Costs

      All activities listed with section 4 (b) (ii) of this ICR Supporting Statement are included in the Table 1 of the Appendix. A summary of the average annual respondent burden costs follows.

            Worksheet 2:  Annual Average Respondent Cost Estimates

                                  Collection
                                  Activities
                               Total Labor Cost
                           Per Respondent Per Year
                               (133 respondents)
1.  Network design
                                     $195
2.  Site installation
                                    $3,046
3.  Sampling & analysis
                                   $114,844
4.  Maintenance & repairs
                                    $22,522
5.  Data management
                                    $83,832
6.  Quality assurance
                                    $25,271
7.  Supervision
                                    $38,200
                                     TOTAL
                                   $287,910

6(c)  Estimating Agency Burden and Cost

      We estimated the Agency burden and cost by using current burden and cost of the ambient air monitoring program related to this collection.  We included burden and cost for the OAQPS, the ten Regional Offices, and associated contract activities.  The in-house activities for this collection are completed by a variety of individuals with a variety of salaries; therefore, we used the actual salary as an average for computing the program costs.  Actual contractor expenses were used for those activities completed using extramural resources.  We estimated a total of 35,098 hours and $2,272,078 total agency burden.

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

      Worksheet 3 shows the total respondent hourly burdens and costs which was taken from section 6(b) above for the estimated 133 respondents.  The total labor burden for the respondents was estimated to be 410,862 hours at a total cost of $38,291,920.

       Worksheet 3:  Annual Total Respondent Labor Burden/Cost Estimates

                                  Collection
                                   Activities
                               Total Labor Hours
                                   Per Year
                               Total Labor Cost
                                   Per Year
1.  Network design
                                      399
                                    $25,879
2.  Site installation
                                     5,625
                                   $405,123
3.  Sampling & analysis
                                    19,392
                                  $15,274,202
4.  Maintenance & repairs
                                    53,138
                                  $2,995,438
5.  Data management
                                    193,215
                                  $11,149,627
6.  Quality assurance
                                    59,263
                                  $3,361,085
7.  Supervision
                                    79,830
                                  $5,080,565
                                     TOTAL
                                    410,862
                                  $38,291,920

6(e)  Bottom Line Burden Hours and Cost Tables

      (i)  Respondent Tally

      Respondent Total Annual Burden = 410,862 hours

      Respondent Total Annual Labor Cost for O & M = $38,291,920

      Respondent Total Annual Cost for Non-labor O & M = $1,079,896

      Respondent Total Equipment/Contract Dollars = $13,839,415

      Total Respondent Tally = $53,211,231

      (ii) The Agency Tally

      Agency Total Annual Burden = 35,098 hours

      Agency Total Annual Cost = $2,272,078

      (iii) Variations In The Annual Bottom Line.

      We do not expect any significant variations in the annual bottom line for the ambient air monitoring networks for the clearance period requested.

6(f)  Reasons for Change in Burden

	The previously approved ICR estimate of burden hours is 410,862.  There is no change in this estimate.   The total number of monitors that the respondents would need to operate and maintain under the requirements of this regulation is not increasing or decreasing.

6(g)  Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 67 hours per respondent.  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.

      To allow 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 established a public docket for this ICR under Docket ID No. OAR-2007-0492 which has been available for public viewing at the Air and Radiation Docket and Information Center Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 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 and Information Center Docket is<PHONE_NUMBER>.  An electronic version of the public docket was made available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  The public was able to use EDOCKET 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 have been available electronically.  The public was also advised to 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.
                         PART B OF SUPPORTING STATEMENT

      This section is not applicable to this ICR because statistical methods are not used in the data collection associated with the rule amendments.