  SEQ CHAPTER \h \r 1 	SF-83 SUPPORTING STATEMENT

	ENVIRONMENTAL PROTECTION AGENCY

NSPS for Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60,
subpart Ec)

1.  Identification of the Information Collection

	1(a)  Title of the Information Collection

	NSPS for Hospital/Medical/Infectious Waste Incinerators (40 CFR part
60,

subpart Ec) (Renewal)

	1(b)  Short Characterization/Abstract

	The New Source Performance Standards (NSPS) for
Hospital/Medical/Infectious Waste Incinerators (HMIWI), 40 CFR part 60,
subpart Ec, were promulgated on September 15, 1997. These standards
apply to HMIWIs for which construction commenced after June 20, 1996, or
for which modification commenced after the effective date of the NSPS.
Reporting and recordkeeping requirements differ for HMIWI burning
hospital waste and/or medical/infectious waste; for combustors co-firing
hospital waste and/or medical/infectious waste with other fuels; and for
incinerators burning only pathological, low-level radioactive, and/or
chemotherapeutic waste.  For this reason, reporting and recordkeeping
requirements are described separately for HMIWI burning hospital waste
and/or medical/infectious waste and for co-fired combustors and
incinerators burning only pathological, low-level radioactive, and/or
chemotherapeutic waste. This information is being collected to determine
compliance with 40 CFR part 60, subpart Ec and 40 CFR part 60, subpart A
– General Provisions.

	The Emission Guidelines (EG) and Compliance Times for HMIWIs, 40 CFR
part 60, subpart Ce, were promulgated on September 15, 1997.  These
standards apply to existing HMIWIs for which construction commenced on
or before June 20, 1996.  The reporting and recordkeeping requirements
for existing HMIWIs regulated by 40 CFR Part 60, Subpart Ce are covered
in Information Collection 1899 and Office of Management and Budget (OMB)
Control Number 2060-0422.  HMIWIs built after June 20, 1996, are not
subject to the subpart Ce guidelines; they are considered new sources
and are subject to the standard.

	In general, all NSPS standards require initial notifications,
performance tests, and periodic reports.  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.  These notifications, reports, and records are essential in
determining compliance and are required of all sources subject to the
standard.  The owners or operators must also submit annual and
semiannual reports.

	Any owner or operator subject to the provisions of this part will
maintain a file of these measurements, and retain the file for at least
five years following the date of such occurrence, measurements,
maintenance, corrective action, reports or records.  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
United States Environmental Protection Agency (EPA)

regional office.

	Approximately seven sources are currently subject to the standard, and
it is estimated that an additional one source per year will become
subject to the regulation in the next three years.  It is further
assumed that one additional source per year will become subject to the
standard due to the reconstruction of an existing affected facility for
an average of seven sources over the next three years.  There are
approximately one hundred operating hospital/medical/infectious waste
incinerators in the United States.  Of these, only seven facilities
built after June 20, 1996, are considered new sources and are subject to
NSPS subpart Ec.  The average annual cost to industry over the next
three years of this Information Collection Request (ICR) is estimated at
$305,929.

	The previous ICR had the following Terms of Clearance (TOC):

This ICR is approved for three years.  When EPA resubmits the ICR for
renewal the agency should include a copy of the analysis of affected
facilities, which it conducted in 2000.

	EPA addressed the item of concern in the TOC as requested by OMB, and
supplied the information provided by the previous preparer.  The three
tables, numbered 5, 7, and 8, that the previous preparer forwarded were
used as the analysis of affected facilities in preparing the previous
ICR.  These can be found attached to the back of this supporting
statement and are: Table 5 - Compliance and Enforcement History for
Dioxins and Mercury Emissions from Municipal Waste Combustors Subject to
State Implementation Plans; Table 7 - Negative Declaration for
Hospital/Medical/Infectious Waste Incinerators; and Table 8 - States
Subject to the Federal Plan for Hospital/Medical/Infectious Waste
Incinerators.

2.  Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

	The EPA is charged under Section 111 of the Clean Air Act (CAA), as
amended, to establish standards of performance for new stationary
sources that reflect:

. . . application of the best technological system of continuous
emissions reduction which (taking into consideration the cost of
achieving such emissions reduction, or any non-air quality health and
environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated. Section 111(a)(l).

	The Agency refers to this charge as selecting the best demonstrated
technology (BDT).  Section 111 also requires that the Administrator
review and, if appropriate, revise such standards every four years.

	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, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures or methods, at such locations, at such intervals, during
such periods, and in such manner as the Administrator shall prescribe);
(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3); and (G) provide such other information as the
Administrator may reasonably require.

	In the Administrator's judgment, dioxins/furans, particulate matter,
carbon monoxide, lead, cadmium, hydrochloric acid, sulfur dioxide,
nitrogen oxides, and mercury emissions from HMIWIs cause or contribute
to air pollution that may reasonably be anticipated to endanger public
health or welfare.  Therefore, the NSPS were promulgated for this source
category at

40 CFR part 60, subpart Ec.

	2(b)  Practical Utility/Users of the Data

	The control of emissions of pollutant from dioxins/furans (CDD/CDF),
particulate matter (PM), carbon monoxide (CO), lead (Pb), cadmium (Cd),
hydrochloric acid (HCI), sulfur dioxide (SO2), nitrogen oxides (NOx),
and mercury (Hg) requires not only the installation of properly designed
equipment, but also the operation and maintenance of that equipment.
Emissions of CDD/CDF, PM, CO, Pb, Cd, HCI, SO2, NOx, and Hg from HMIWIs
are the result of the operation of the affected facilities.  The subject
standards are achieved by the reduction of pollutant emissions using
control technology and/or leak detection and repair procedures.

	The notifications required in the applicable regulations are used to
inform the Agency or delegated authority when a source becomes subject
to the requirements of the regulations.  The reviewing authority may
then inspect the source to check if the pollution control devices are
properly installed and operated and/or leaks are being detected and
repaired and the regulations are being met.  Performance test reports
are needed as these are the Agency's records of a source's initial
capability to comply with the emission standards, and serve as a record
of the operating conditions under which compliance was achieved.
Operating conditions monitored include the highest maximum and lowest
minimum operating parameters and exceedances of emission rates or
operating parameters.

	The semiannual reports are used for problem identification, as a check
on source operation and maintenance, and for compliance determinations.
Annual reports are also required, this will include: 1) site-specific
operating parameters; 2) highest and lowest operating parameters; 3)
time performance tests were conducted and the test results; 4) statement
of no exceedances occurring during the reporting period; and 5) any uses
of a bypass stack, the duration, reason for malfunction, and corrective
action taken.  The information generated by the monitoring,
recordkeeping and reporting requirements described in this ICR is used
by the Agency to ensure that facilities that are affected by the NSPS
continue to operate the control equipment in compliance with the
regulation.  Adequate monitoring, recordkeeping, and reporting are
necessary to ensure compliance with the applicable regulations, as
required by the Clean Air Act. The information collected from
recordkeeping 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

	The requested recordkeeping and reporting are required under 40 CFR
part 60,

subpart Ec.

	3(a)  Nonduplication

	If the subject standards have not been delegated, the information is
sent directly 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 its own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or a local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  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 (FR citation, e.g., 69 FR 29718)
on May 25, 2004.  No comments were received on the burden published in
the Federal Register.

	3(c)  Consultations

	For the information collection, we referenced the most recent ICR, and
accessed the most recent data available on the Air Facility System (AFS)
database as maintained by the Office of Compliance.  We reviewed
information available from the United States Census Bureau, and other
websites covering HMIWIs.  We also consulted with the preparer of the
previous ICR, the EPA’s Office of Air Quality Planning and Standards,
Information Transfer, the Program Integration Division, and Mr. Alan
Lewis, Wheelabrator Falls Incorporated,<PHONE_NUMBER>.

	3(d)  Effects of Less Frequent Collection

	Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards.
Requirements for information gathering and recordkeeping is a useful
technique 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 these reporting or recordkeeping requirements violate any of
the regulations established by OMB at 5 CFR 1320.5.

	Affected entities must retain reports and records for five years under
40 CFR part 60, subpart Ec and 40 CFR part 60, subpart A - General
Provisions.

	3(f)  Confidentiality

	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 contain sensitive
questions.

4.  The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

	The respondents to the recordkeeping and reporting requirements are
hospital/medical/infectious waste incinerators.  The United States
Standard Industrial Classification (SIC) code for the respondents
affected by the standards, which corresponds to the North American
Industry Classification System (NAICS) codes, are listed below for
source category description.

Standard (40 CFR Part 60, Subpart Ec)	SIC Codes	NAICS Codes

General Medical and Surgical Hospitals	8062 and 8069	622110

Psychiatric and Substance Abuse Hospitals	8063 and 8069	622210

Continuing Care Retirement Communities	8051, 8052 and 8059	623311

Nursing Care Facilities	8051, 8052 and 8059	623110

Residential Mental Retardation Facilities	8051, 8052 and 8059	623210

Specialty (except Psychiatric and Substance Abuse) Hospitals	8069	622310

Research and Development in the Physical, Engineering, and Life Sciences
8731	541710

Hazardous Waste Treatment and Disposal	4953	562211

Materials Recovery Facilities	4953	562920

Other Nonhazardous Waste Treatment and Disposal	4953	562219

Solid Waste Combustors and Incinerators	4953	562213

Solid Waste Landfill	4953	562212

Veterinary Services	0741 and 0742	541940

	4(b)  Information Requested

	None of these reporting or recordkeeping requirements violate any of
the regulations established by OMB at 5 CFR part 1320, section 1320.5.

		(i)  Data Items

	All data in this ICR that are recorded and/or reported are required by
New Source Performance Standards for Hospital/Medical/Infectious Waste
Incinerators (40 CFR part 60, subpart Ec).

	A source must make the following reports:

Notification Reports	Standard Citation by Section

Statement of intent to construct/modify	60.58c(a)(1)(i)

Notification and application of construction or modification	60.58c(a)
and 60.7(a)

Notification of actual startup	60.7(a)

Notification of type(s) of waste to be combusted	60.58c(a)(2)(i)

Notification of HMIWI capacity	60.58c(a)(2)(ii)

Documents produced as a result of the siting requirements
60.58c(a)(1)(iii) and 60.54c(c)

Waste reduction plan	60.58c(a)(2)(i)

Notification of initial performance tests (PM, stack opacity, fugitive
ash emissions, CDD/CDF, HCI, CD, Pb, Hg)	60.58c(c)(1) and 60.8(d)

Notification of site-specific operating parameters or changes
60.58c(c)(2) and 60.7(a)

Notification of initial performance tests (PM, stack opacity, fugitive
ash emissions, CDD/CDF, HCI, Cd, Pb, Hg)	60.58c(c)(1) and 60.8(a)

Report of site-specific operating parameters.	60.58c(d)(1)

Report of annual and semiannual emissions or operating parameter
exceedances, malfunctions, and periods for which data on
emissions/operating parameters were not obtained.	60.58c(d), 60.58c(e)
and 60.7(c)

Report of no excess emissions.	60.58c(d)(7) and 60.7(c)

Petition for site-specific operating permits (if applicable).
60.58c(a)(iii)

Report of exceedances.	60.58c(b)(5)

Report of performance test.	60.58c(d)(6)

	A source must keep the following records:

Recordkeeping

Retention of records for five-years	60.58c(b)

Records of startup, shutdown, or malfunction	60.7(b)

Documentation produced as a result of siting requirements	60.58c(b)(7)

Records of persons completing review of HMIWI operating manual
60.58c(b)(8)

Records of operators completing operator training course and
qualification requirements	60.58c(b)(9), and 60.58c(b)(10)

Records of annual testing of fugitives ash emissions	60.58c(b)(2)(ii)

Records of process and control device operating parameters
60.58c(b)(2)(xv) and 60.8(f)

Records of emissions or operating parameter exceedances and periods for
which data on emissions/operating parameters were not obtained
60.58c(b)(3) and 60.8(f)

Records of initial, annual, and subsequent performance tests
60.58c(b)(6) and 60.8(f)

Records of calibration of any monitoring devices	60.58c(b)(11)

Records of types and amounts of materials charged for co-fired
combustors and for incinerators burning only pathological, low-level
radioactive, and/or chemotherapeutical waste	60.50c(c)

Electronic Reporting

	Currently, sources are using monitoring equipment that provides
automated parameter data, e.g., gases which contain particulate matter.
Although personnel at the affected facility must evaluate the data, this
type of monitoring equipment has significantly reduced the burden
associated with monitoring and recordkeeping.  In addition, some
regulatory agencies are setting up electronic reporting systems to allow
sources to report electronically which is reducing the reporting burden.
 However, electronic reporting systems are still not widely used by the
regulatory agencies.  It is estimated that approximately 15 percent of
the respondents use electronic reporting.

		(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate continuous monitoring systems
(CMS) or continuous emission monitoring systems for measuring and
recording the missions of pollutants from an affected facility.

Perform initial performance test, Reference Method 1, 3, 3A, 3B, 9, 10,
10B, 22, 23 26, 26A, 29, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Develop site-specific operating parameters.

Develop waste reduction plan.

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.

	Currently, sources are using automated monitoring equipment that
provides parameter data.  Although personnel at the source still need to
evaluate the data, this type of monitoring equipment has significantly
reduced the burden associated with monitoring and recordkeeping.

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 required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

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 Air Facility System (AFS).

	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.  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 the AFS which is
operated and maintained by EPA's Office of Compliance.  AFS is EPA’s
database for the collection, maintenance, and retrieval of compliance
data for approximately 125,000 industrial and government-owned
facilities.  EPA uses the AFS for tracking air pollution compliance and
enforcement by local and state regulatory agencies, EPA regional offices
and EPA 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

	A majority of the affected facilities are large entities (e.g., large
businesses).  However, the impact on small entities (i.e., small
businesses) was taken into consideration during the development of the
regulation.  Due to technical considerations involving the process
operations and the types of control equipment employed, the
recordkeeping and reporting requirements are the same for both small and
large entities.  The Agency considers these requirements the minimum
needed to ensure compliance and, therefore, cannot reduce them further
for small entities.  To the extent that larger businesses can use
economies of scale to reduce their burden, the overall burden will be
reduced.

	5(d)  Collection Schedule

	The specific frequency for each information collection activity within
this request is shown in Table 1: NSPS for Hospital/Medical/Infectious
Waste Incinerators (40 CFR part 60, subpart Ec).

6.  Estimating the Burden and Cost of the Collection

	Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
each of the subpart included in this ICR. The individual burdens are
expressed under standardized headings believed to be consistent with the
concept of burdens under the Paperwork Reduction Act.  Where
appropriate, specific tasks and major assumptions have been identified.
Responses to this information collection

are mandatory.

	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 to be 4,795
( Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of the regulation,
Agency knowledge and experience with the NSPS program, the previously
approved ICR, and any comments received.

	6(b)  Estimating Respondent Costs

		(i)  Estimating Labor Costs

	This ICR uses the following labor rates:

		Managerial	$95.32   ($45.39 + 110%)

Technical	$64.60   ($30.76 + 110%)

	Clerical	$40.09   ($19.09 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December 2003, “Table 10. Private industry, by
occupational and industry group.”  The rates are from column 1,
“Total compensation.”  The rates have been increased by 110 percent
to account for the benefit packages available to those employed by
private industry.

		(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

	The types of industry cost associated with the information collection
activities in the subject standard(s) are both labor costs which are
addressed elsewhere in this ICR and the costs associated with continuous
monitoring.  The capital/startup costs are one-time costs when a
facility becomes subject to the regulation.  The annual operation and
maintenance costs are the ongoing costs to maintain the monitor(s) and
other costs such as photocopying and postage.

		(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents 	(D)

Total Capital/Startup Cost

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M,

(E X F)

CMS	$2,377		1	$2,377	$2,800	7	$19,600

	The total capital/startup costs for this ICR are $2,000 (rounded).
This is the total of column D in the above table.  These costs are shown
on the OMB 83-I form in block 14(a), Total annualized capital/startup
costs.

	The total operation and maintenance (O&M) costs for this ICR are
$20,000 (rounded). This is the total of column G.  These costs are shown
on the OMB 83-I form in block 14(b), Total annual costs (O&M).

	The total respondent costs in block 14 have been calculated as the
addition of the capital/startup costs, and the annual operation and
maintenance costs.  The average annual cost for capital/startup and
operation and maintenance cost to industry over the next three years of
the ICR is estimated to be $22,000.  This cost is shown on the OMB 83-I
form in block 14(c), Total annualized cost requested.  The numbers in
block 14 of the OMB 83-I form are rounded to show the cost in thousands
of dollars.

	6(c)  Estimating Agency Burden and Cost

	The only costs to the Agency are those costs associated with analysis
of the reported information.  The EPA's overall compliance and
enforcement program includes activities such as the examination of
records maintained by the respondents, periodic inspection of sources of
emissions, and the publication and distribution of collected
information.

	The average annual Agency cost during the three years of the ICR is
estimated to

be $20,031.

	This cost is based on the average hourly labor rate as follows:

		Managerial	$54.66   (GS-13, Step 5, $34.16 x 1.6)

	Technical	$40.56   (GS-12, Step 1, $25.35 x 1.6)

	Clerical	$21.95   (GS-6,   Step 3, $13.72 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2004
General Schedule” which excludes locality rates of pay.  Details upon
which this estimate is based appear in Table 2: Average Annual EPA
Burden - NSPS for Hospital/Medical/Infectious Waste Incinerators

(40 CFR part 60, subpart Ec).

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

	Based on our research for this ICR, approximately seven existing
sources are currently subject to the standard.  It is estimated that an
additional one source per year will become subject to the standard in
the next three years.

	Number of respondents is calculated using the following table which
addresses the three years covered by this ICR.

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any
Reports

Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records but Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents 	(E)

Number of Respondents

(E=A+B+C-D)

1	2	5	0	1	6

2	2	6	0	1	7

3	2	7	0	1	8

Average	2	6	0	1	7

	1 New respondents include sources with constructed, reconstructed and
modified affected facilities.  In this standard existing respondents
submit initial notifications.

	To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is seven.  This number appears on the OMB 83-I form in block
13(a), Number of respondents.

	Number of respondents is calculated using the following table which
addresses each of the three years covered by this ICR.

	The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

Notification of intent to construct	1	1	N/A	1

Notification of actual startup	1	1	N/A	1

Notification of waste to be combusted	1	1	N/A	1

Notification of HMIWI capacity	1	1	N/A	1

Notification of initial performance test	1	1	N/A	1

Notification of initial CMS demonstration	1	1	N/A	1

Initial report for the site selection analysis	1	1	N/A	1

Waste reduction plan	1	1	N/A	1

Report of initial performance test	1	1	N/A	1

CMS operating parameters	1	6	N/A	6

Results of annual performance tests	1	6	N/A	6

Annual and semiannual reports	6	2	N/A	12

	Total	33

The number of Total Annual Responses is 33.  This number is shown on the
OMB 83-I form in block 13(b), Total annual responses.

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).
 The total annual labor costs are $305,929.  The annual labor costs are
not shown on the OMB 83-I form. Details regarding these estimates may be
found in Table 1:  Annual Respondent Burden and Cost, NSPS for
Hospital/medical/Infectious Waste Incinerators (40 CFR part 60, subpart
Ec).

	The total annual capital/startup and O&M costs to the regulated
entities are $22,000.  This number is shown on the OMB 83-I form in
block 14(c), Total annualized cost requested.  The cost calculations are
detailed in Section 6(b)(iii), Capital/Startup vs. Operation and
Maintenance (O&M) Costs.

	6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

	The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively,
and summarized below.

		(i)  Respondent Tally

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).
 The total annual labor costs are $305,929.  The annual labor costs are
not shown on the OMB 83-I form. Details regarding these estimates may be
found in Table 1:  Annual Respondent Burden and Cost, NSPS for
Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60, subpart
Ec). Furthermore, the annual public reporting and recordkeeping burden
for this collection of information are estimated to average 145 hours
per response.

	The total annual capital/startup and O&M costs to the regulated entity
are $22,000.  This number is shown on the OMB 83-I form in block 14(c),
Total annualized cost requested.  The cost calculations are detailed in
Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M)
Costs.

		(ii)  The Agency Tally

	The average annual Agency burden and cost over next three years are
estimated to be 486 labor hours at a cost of $20,031.  See Table 2:
Annual Agency Burden and Cost, NSPS for Hospital /Medical/Infectious
Waste Incinerators (40 CFR Part 60, Subpart Ec).

	6(f)  Reasons for Change in Burden

	The increase in burdens from the most recently approved ICR is due to
an increase of one new source per year, by averaging the number of
respondents over the three-year period for the ICR.  In addition, a
revised hourly labor rate from the United States Department of Labor
partly contributed to the increase in burdens from the active ICR.

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this
collection of information are estimated to average 145 hours per
response.  Burdens 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 valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
a respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this ICR under
Docket ID Number OECA-2004-0015, which is available for public viewing
at the Enforcement and Compliance Docket and Information Center in the
EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Avenue, N.W., Washington, D.C.  The EPA Docket Center Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Enforcement and
Compliance Docket and Information Center is

(202) 566-1752.  An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  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 are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, N.W.,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number

OECA-2004-0015 and OMB Control Number 2060-0363 in any correspondence.

Part B of the Supporting Statement

	This part is not applicable because no statistical methods were used in
collecting

this information.

				Table 1: Annual Respondent Burden and Cost - NSPS for
Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60,

subpart Ec)

	Burden item	(A)

Technical

Person-

hours per

occurrence	(B)

No.  of

occurrences

per respondent

per year	(C)

Technical

Person-

hours per

respondent

per year

(C=AxB)	(D)

Respondents

per year a	(E)

Technical

person-

hours per

year

(E=CxD)	(F)

Management

person-hours per

year

(Ex0.05)	(G)

Clerical

person-

hours per year

(Ex0.1)	(H)

Total Cost per year  b

1.  Applications	N/A

	2.  Survey and Studies	N/A

	3.  Reporting requirements

Non-pathological HMIWI

  A.  Read Instructions	1	1	1	1	1	0.05	0.1	$73.38

  B.  Required Activities

       Initial Performance Test c               for CMS	13	1	13	1	13
0.65	1.3	$953.94

       Repeat  Performance

       Test CMS c	13	1	13	0.2d	2.6	0.13	0.26	$190.77

       Development of operating

       information e	160	1	160	1	160	8	16	$11,740.00

       Annual update of operating           information f	20	1	20	6g	120
6	12	$8,805.00

       Review of operating                      information with each
               operator h	8	2	16	7a	112	5.6	11.2	$8,218.00

  C.  Create Information		Included in 3B

  D.  Gather Existing information 	Included in3B

  E.  Write report

Non-pathological HMIWI

       Notification of intent to                 construct	2	1	2	1	2	0.1
0.2	$146.75

       Notification of actual startup	2	1	2	1	2	0.1	0.2	$146.75

       Notification of waste to be            combusted	2	1	2	1	2	0.1
0.2	$146.75

       Notification of HMIWI                 Capacity	2	1	2	1	2	0.1	0.2
$146.75

       Notification of initial                     performance test	2	1
2	1	2	0.1	0.2	$146.75

       Notification of initial CMS           demonstration	2	1	2	1	2	0.1
0.2	$146.75

       Initial report for the site                 selection analysis i
460	1	460	1	460	23	46	$33,752.50

       Waste reduction plan j	160	1	160	1	160	8	16	$11,740.00

       Report of initial                             performance test k
40	1	40	1	40	2	4	$2,935.00

       Report of initial CMS                    demonstration	Included
in 3B

       CMS operating parameters 	26	1	26	6g	156	7.8	15.6	$11,446.50

       Results of annual                           performance tests	40
1	40	6g	240	12	24	$17,610.00

       Semiannual reports	48	1n	48	6m	288	14.4	28.8	$21,132.00

       Annual Reports	24	1n	24	6	144	7.2	14.4	$10,566.00

Pathological and co-fired combustors

       Notification of relative                  amounts of hospital,
                  medical/infectious, and                 other waste
charged	2	1	2	6o	12	0.6	1.2	$880.50

       Notification of exemption             claim	2	1	2	6o	12	0.6	1.2
$880.50

  F.  Time to enter information

  (Non-pathological HMIWI)

       Records of startup,                        shutdown or
malfunction	2	52	104	7a	728	36.4	72.8	$53,417.00

       Records of persons                        completing review	2	2	4
7a	28	1.4	2.8	$2,054.00

       Records of annual testing              fugitive emissions
Included in3E

       Records of process and                  control device	1.5	52	78
7a	546	27.3	54.6	$40,062.75

       Records of CMS operations          and maintenance	0.2	272q	54.4
7a	380.8	       19.04	38.08	  $27,941.20

       Records of emissions                     exceedances	1.5	52	78	7a
546	27.3	54.6	  $40,062.75

       Records of annual                          compliance tests
Included in3E

	5.  Recordkeeping                              Requirements

  A.  Read instructions	Included in3A

  B.  Plan activities	N/A

	  C.  Implement activities	N/A

	  D.  Develop record system	N/A

	  E.  Time to enter information

Non-pathological HMIWI

       Documents produced as a              result of siting
requirements	Included in 3E

       Records of operators                     training completion	2	2h
4	1	4	0.2	0.4	$293.50

       Records of HMIWI                       qualified operators 	2	2h
4	1	4	0.2	0.4	$293.50

       Records of initial                           performance test
Included in 3E

  F.  Time to train personnel	N/A

	  G.  Time for audits	N/A

	Subtotal Labor Burden

	4,169.4	208.47	416.94	$305,929.29

TOTAL LABOR  BURDEN AND COST (rounded)

	4,795	$305,929

Assumptions:

a  We have assumed that are approximately seven sources are subject to
the standard.  We have further assumed that one new source per year will
be equipped with wet/dry scrubbers from the date of renewal.

b  This ICR uses the following labor rates:  $95.32 per hour for
Executive, Administrative, and Managerial labor; $64.60  per hour for
Technical labor, and $40.09 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, December 2003, “Table 10. Private industry, by
occupational and industry group.”  The rates are  from column 1,
“Total compensation.”  The rates have been increased by 110% to
account for the benefit packages available to those employed by private
industry.

c  We have assumed that it will take thirteen hours to perform a CMS
performance test.

d  We have assumed that 20 percent of initial performance tests must be
repeated due to failure.

e  Assume it will take 160 hours to develop the operating information.

f  Assume it will take 20 hours to update the operating information each
year.

g  This activity will not be performed for the first year of a new
source.

h   Assume it will require two operators at each facility.

i  Assume it will take 460 hours to develop the site selection analysis.

j  Assume it will take 160 hours to develop a waste reduction plan.

k  Assume it will take 40 hours to review report of initial performance
test.

l  Assume it will take 48 hours to report.  Testing and monitoring
requirements focuses primarily on three pollutants, particulate matter
(PM), carbon monoxide (CO), and hydrochloric acid (HCI).

m  Respondents must submit semiannual reports (See Footnote n).

n  Since the semiannual report coincides once a year with the annual
report and both reports include information on exceedances and periods
of which data were not obtained, the frequency of the semiannual report
is shown in the tables as only once per year instead of twice a year to
avoid double-counting.

o  Assume that an additional six sources (pathological and co-fired
combustors) are also projected each year, but are considered exempt from
the rule.  It is assumed that there will be one affected facility per
respondent.

p  Assume that it takes 272 days-per-year to record CMS operation and
maintenance.

Table 2: Average Annual EPA Burden - NSPS for
Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60, subpart
Ec)

	Burden item	(A)

Technical

Person

Hours Per

Occurrence	(B)

Number  of

Occurrences

Per Year	(C)

Technical

Person Hours Per Plant Per

Year

(C=AxB)	(D)

Plants Per  Year a	(E)

Technical Hours

Per Year

(E=CxD)	(F)

Management   Hours Per Year

(F=0.05xE)	(G)

Clerical

Hours Per

Year

(G=0.1xE)	(H)

Total

Cost,

Per Yearb

Activity

1.  Attend initial performance test	32	1	32	0.08c	2.56	0.128	0.256
$116.45

2.  Repeat performance test

  A.  Retesting preparation	12	1	12	0.2d	2.4	0.12	0.24	$109.17

  B.  Attend retesting	32	1	32	0.1e	3.2	0.16	0.32	$145.56

3.  Excess emissions	32	1	32	0.1f	3.2	0.16	0.32	$145.56

4.  Report review

       Review notification of               intent to construct	2	1	2	1
2	0.1	0.2	$90.98

       Review notification of               actual startup	2	1	2	1	2	0.1
0.2	$90.98

       Review notification of               type(s) of waste to be
          combusted	2	1	2	1	2	0.1	0.2	$90.98

       Review of notification of           HMIWI capacity	2	1	2	1	2	0.1
0.2	$90.98

       Review notification of               initial performance test	8	1
8	1	8	0.4	0.8	$363.90

       Review notification of               initial CMS demonstration	5
1	5	1	5	0.25	0.5	$227.45

       Review of notification of           relative amounts of
         hospital, medical/                       infectious, and other
                waste charged for                       pathological and
co-fired           combustors	2	1	2	6g	12	0.6	1.2	$545.86

       Review notification of               exemption claim for
         pathological and co-fired           combustors	2	1	2	6g	12	0.6
1.2	$545.86

       Review study addressing           siting requirements	24	1	24	1
24	1.2	2.4	$1,091.71

       Review waste reduction             plan	8	1	8	1	8	0.4	0.8	$363.90

       Review report of initial              performance test	42h	1	42	1
42	2.1	4.2	$1,910.50

       Review report of initial              CMS demonstration	64i	1	6	1
64	3.2	6.4	$2,911.23

       Review annual report

       -  CMS operating                          parameters	4	1	4	6j	24
1.2	2.4	$1,910.50

       -  Results of performance              tests conducted during
          the year	18	1	18	6j	108	5.4	10.8	$4,912.70

       - Review annual                           semiannual report of
              emissions	8	2k, m	16	6j	96	4.8	9.6	$4,366.85

Subtotal

	422.36	21.118	42.236	$20,031.12

Travel Expenses (rounded)  	 (1 person x .02 plant/yr x 2 day/plant x
$50 per diem) + ($400/round trip x .02 round trip/yr)
                    $0

TOTAL LABOR BURDEN and COST (rounded)

	486	$20,031

Assumptions:

a  We have assumed that are approximately seven sources are subject to
NSPS, subpart Ec.  We have further assumed that one new sources per year
will be equipped with wet/dry scrubbers from the date of renewal.

b  This cost is based on the following hourly labor rates times a 1.6
benefits multiplication factor to account for government overhead
expenses: $54.66 for Managerial (GS-13, Step 5, $34.16 x 1.6), $40.56
for Technical (GS-12, Step 1, $25.35 x 1.6) and $21.95 Clerical (GS-6,
Step 3, $13.72 x 1.6).  These rates are from the Office of Personnel
Management (OPM) “2004 General Schedule” which excludes locality
rates of pay.

c  Each year a total of one HMIWI performs an initial performance test.
It is assumed that EPA personnel attends 8 percent of these tests.

d  It is assumed that 20 percent will fail the initial performance test,
and will have to repeat the test.

e  Assume 10 percent of retests are attended by EPA personnel.

f  Assume 10 percent of the affected facilities are required to retest
as a result of excess emissions, with 10 percent of these tests being
attended by EPA personnel.

g  Assume that an additional 6 sources (pathological and co-fired
combustors) are also projected each year, but are considered exempt from
the rule.  It is assumed that there will be one affected facility per
respondent.

h  Assume it takes six person-hours per report to review each pollutant.
 For initial tests there are seven pollutants that are subject to this
rule (PM, CO, CDD/CDF, HCI, metals, stack opacity, and fugitive
emissions.

i  Assume it takes eight person-hours per report to review each CMS
demonstration.  There are eight CMS that are subject to this rule
(temperature, gas flow, charge weight, pH, liquid flow, pressure drop,
carbon flow, and lime flow).

j  This activity will not be performed for the first year of a new
source.

k  Respondents must submit annual reports and semiannual reports (See
Footnote m).

l  Assume that 80 percent of respondents report no exceedances.

m  Since the semiannual report coincides once a year with the annual
report and both reports include information on exceedances and periods
of which data were not obtained, the frequency of the semiannual report
is shown in the tables as only once per year instead of twice a year to
avoid double-counting.


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65864-65872]
[FR Doc No: 2016-21602]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1068; Directorate Identifier 2010-NM-189-AD;
Amendment 39-18647; AD 2016-18-16]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by fuel system reviews conducted by the
manufacturer. This AD requires installing an automatic shutoff system
for the center and auxiliary tank fuel boost pumps, as applicable;
installing a placard in the airplane flight deck if necessary;
replacing the P5-2 fuel system module assembly; installing the
``uncommanded ON'' (UCO) protection system for the fuel boost pumps;
revising the airplane flight manual (AFM) to advise the flight crew of
certain operating restrictions for airplanes equipped with an automatic
shutoff system; and revising the maintenance program by incorporating
new airworthiness limitations for fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88 requirements. We are issuing this AD
to prevent operation of the center and auxiliary tank fuel boost pumps
with continuous low pressure, which could lead to friction sparks or
overheating in the fuel pump inlet that could create a potential
ignition source inside the center and auxiliary fuel tanks. These
conditions, in combination with flammable fuel vapors, could result in
a fuel tank explosion and consequent loss of the airplane.

DATES: This AD is effective October 31, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 31,
2016.

ADDRESSES: For Boeing service information identified in this final
rule, contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone:
206-544-5000, extension 1; fax:<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. For BAE Systems service information identified
in this final rule, contact BAE Systems, Attention: Commercial Product
Support, 600 Main Street, Room S18C, Johnson City, NY 13790-1806;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet: http://www.baesystems-ps.com/customersupport. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2011-1068.

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-2011-
1068; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5254; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to all The Boeing
Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. The SNPRM published in the Federal Register on March 28,
2016 (81 FR 17098) (``the SNPRM''). We preceded the SNPRM with a notice
of proposed rulemaking (NPRM) that published in the Federal Register on
October 12, 2011 (76 FR 63229) (``the NPRM''). The NPRM proposed to
require installing an automatic shutoff system for the center and
auxiliary tank fuel boost pumps, as applicable; installing a placard in
the airplane flight deck if necessary; replacing the P5-2 fuel system
module assembly; installing the UCO protection system for the fuel
boost pumps; revising the airplane flight manual to advise the flight
crew of certain operating restrictions for airplanes equipped with an
automatic shutoff system; and revising the maintenance program by
incorporating new airworthiness limitations for fuel tank systems to
satisfy Special Federal Aviation Regulation No. 88 requirements. The
NPRM was prompted by fuel system reviews conducted by the manufacturer.
The SNPRM proposed to require updated or additional actions for certain
airplane configurations. We are issuing this AD to prevent operation of
the center and auxiliary tank fuel boost pumps with continuous low
pressure, which could lead to friction sparks or overheating in the
fuel pump inlet that could create a potential ignition source inside
the center and auxiliary fuel tanks. These conditions, in combination
with flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments

received on the SNPRM and the FAA's response to each comment. Boeing
concurred with the SNPRM.

Grouping Clarification for Airplanes With Removed Airstairs

    Phillippe Akot Azougo, ASLF, reported on a discussion with Boeing
regarding the applicable airplane group for an airplane from which the
airstair has been removed. Boeing indicated that if all of the support
structure is not removed, the airplane is considered in the group with
airstairs. Based on this comment, there is no need to change this final
rule regarding this issue.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST01219SE does not affect the
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01219SE does not affect the
accomplishment of the manufacturer's service instructions. Therefore,
the installation of STC ST01219SE does not affect the ability to
accomplish the actions required by this AD. We have not changed this AD
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed, except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

We also determined that these changes will not increase the economic
burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
    The following describe procedures for replacing the P5-2 fuel
system module assembly for Model 737-100, -200, -200C, -300, -400, and
-500 airplanes.
     Boeing Alert Service Bulletin 737-28A1210, dated August 2,
2010.
     Boeing Service Bulletin 737-28A1210, Revision 1, dated May
13, 2011.
     Boeing Service Bulletin 737-28A1210, Revision 2, dated
October 25, 2012.
    The following describe procedures for installing an automatic
shutoff system for the center and auxiliary fuel tank boost pumps for
Model 737-300, -400, and -500 airplanes.
     Boeing Alert Service Bulletin 737-28A1216, dated July 29,
2010.
     Boeing Service Bulletin 737-28A1216, Revision 1, dated
March 26, 2012.
     Boeing Service Bulletin 737-28A1216, Revision 2, dated
November 12, 2012.
     Boeing Service Bulletin 737-28A1216, Revision 3, dated
July 16, 2014.
    The following describe procedures for installing a UCO protection
system for the center and auxiliary fuel boost pumps for Model 737-100,
-200, -200C, -300, -400, and -500 airplanes.
     Boeing Alert Service Bulletin 737-28A1227, dated August 2,
2010.
     Boeing Alert Service Bulletin 737-28A1227, Revision 1,
dated July 18, 2011.
     Boeing Service Bulletin 737-28A1227, Revision 2, dated
September 23, 2014.
    The following describe procedures for installing an automatic
shutoff system for the center and auxiliary fuel tank boost pumps for
Model 737-100, -200, and -200C airplanes.
     Boeing Alert Service Bulletin 737-28A1228, dated August 2,
2010.
     Boeing Alert Service Bulletin 737-28A1228, Revision 1,
dated June 28, 2012.
     Boeing 737-100/200/200C/300/400/500 Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements (CMRs),
Document D6-38278-CMR, Revision June 2014, contains, among other
requirements, AWLs 28-AWL-21, 28-AWL-22, 28-AWL-24, and 28-AWL-25 for
Model 737-100, -200, and -200C airplanes; and AWLs 28-AWL-20, 28-AWL-
21, 28-AWL-23, and 28-AWL-24; for Model 737-300, -400, and -500
airplanes. These AWLs provide airworthiness limitation instructions for
an operational check of the installed automatic shutoff system.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 499 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Install auto shutoff protection   Between 92 and 155  Between $10,792     Between $18,612     Between $1,526,184
 for Model 737-100, -200, -200C    work-hours x $85    and $15,548 \1\.    and $28,723 \1\.    and $2,355,286
 airplanes (82 airplanes).         per hours =                                                 \1\.
                                   Between $7,820
                                   and $13,175 \1\.
Install auto shutoff protection   Between 92 and 152  Between $9,869 and  Between $17,689     Between $7,376,313
 for Model 737-300, -400, and -    work-hours x $85    $16,236 \1\.        and $29,156 \1\.    and $12,158,052
 500 airplanes (417 airplanes).    per hours =                                                 \1\.
                                   Between $7,820
                                   and $12,920 \1\.
Install P5-2 module (499          1 work-hour x $85   $0................  $85...............  $42,415.
 airplanes).                       per hour = $85.
Install UCO protection (499       Between 38 and 67   Between $3,742 and  Between $6,972 and  Between $3,479,028
 airplanes).                       work-hours x $85    $4,861 \1\.         $10,556 \1\.        and $5,267,444
                                   per hours =                                                 \1\.
                                   Between $3,230
                                   and $5,695 \1\.
Revise airplane flight manual     1 work-hour x $85   $0................  $85...............  $42,415
 (499 airplanes).                  per hour = $85.
Revise maintenance program (499   1 work-hour x $85   $0................  $85...............  $42,415
 airplanes).                       per hour = $85.
----------------------------------------------------------------------------------------------------------------
\1\ Depending on group.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2016-18-16 The Boeing Company: Amendment 39-18647; Docket No. FAA-
2011-1068; Directorate Identifier 2010-NM-189-AD.

(a) Effective Date

    This AD is effective October 31, 2016.

(b) Affected ADs

    Certain requirements of this AD terminate certain requirements
of AD 2001-08-24, Amendment 39-12201 (66 FR 20733, April 25, 2001)
(``AD 2001-08-24'').

(c) Applicability

    This AD affects all The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes; certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent operation of the
center and auxiliary tank fuel boost pumps with continuous low
pressure, which could lead to friction sparks or overheating in the
fuel pump inlet that could create a potential ignition source inside
the center and auxiliary fuel tanks. These conditions, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

(f) Compliance

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

(g) Installation of Automatic Shutoff System for the Center and
Auxiliary Tank Fuel Boost Pumps

    Within 36 months after the effective date of this AD, do the
applicable actions specified in paragraph (g)(1), (g)(2), or (g)(3)
of this AD. If a placard has been previously installed on an
airplane, in accordance with the requirements of paragraph (i) of
this AD, the placard may be removed from the flight deck of only
that airplane after the automatic shutoff system has been installed,
as specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as
applicable.
    (1) For Model 737-100, -200, and -200C series airplanes in
Groups 2 through 19, as identified in Boeing Alert Service Bulletin
737-28A1228, Revision 1, dated June 28, 2012: Install the automatic
shutoff system for the center and auxiliary fuel tank boost pumps,
as applicable, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-28A1228, Revision 1, dated June
28, 2012. For airplanes that do not have airstairs, accomplishment
of the actions specified in Boeing Alert Service Bulletin 737-
28A1228, dated August 2, 2010, is acceptable for compliance with the
requirements of this paragraph, provided markers are installed on
the J2802 Box for ``POS 1'' and ``POS 2'' within 90 days after the
effective date of this AD, in accordance with Boeing Alert Service
Bulletin 737-28A1228, Revision 1, dated June 28, 2012.
    (2) For Model 737-100, -200, and -200C series airplanes in Group
1, as identified in Boeing Alert Service Bulletin 737-28A1228,
Revision 1, dated June 28, 2012: Install the automatic shutoff
system for the center and auxiliary fuel tank boost pumps, as
applicable, using a method approved in accordance with the
procedures specified in paragraph (r) of this AD.
    (3) For Model 737-300, -400, and -500 series airplanes in Groups
1 through 31, as identified in Boeing Service Bulletin 737-28A1216,
Revision 3, dated July 16, 2014: Install the automatic shutoff
system for the center and auxiliary fuel tank boost pumps, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-28A1216, Revision 3, dated July 16,
2014. For airplanes that do not have airstairs: Accomplishment of
the actions specified in Boeing Alert Service Bulletin 737-28A1216,
dated July 29, 2010, is acceptable for compliance with the
requirements of this paragraph, provided markers are installed on
the J2802 Box for ``POS 1'' and ``POS 2'' within 90 days after the
effective date of this AD, in accordance with Boeing Alert Service
Bulletin 737-28A1216, Revision 1, dated March 26, 2012; or Boeing
Service Bulletin 737-28A1216, Revision 2, dated November 12, 2012.

(h) Concurrent Installation of P5-2 Fuel System Module Assembly

    Before or concurrently with accomplishment of the actions
required by paragraph (g) of this AD, do the actions specified in
paragraph (h)(1) or (h)(2) of this AD, as applicable. Accomplishment
of the actions specified in Boeing Alert Service Bulletin 737-
28A1210, dated August 2, 2010; or Boeing Service Bulletin 737-
28A1210, Revision 1, dated May 13, 2011; is acceptable for
compliance with the requirements of paragraph (h)(1) of this AD,
provided that for any original P5-2 fuel system module P/N 69-37335-
129 installed that has been reworked as specified in BAE Systems
Service Bulletin 69-37335-28-04, Revision 2, dated February 10,
2010, the (P/N) marking is etched/scribed or labeled as P/N 69-
37335-2129, within 90 days after the effective date of this AD.
    (1) For airplanes in Group 2, as identified in Boeing Service
Bulletin 737-28A1210, Revision 2, dated October 25, 2012: Replace
the P5-2 fuel system module assembly with a modified or new P5-2
fuel system module assembly having a new part number, in accordance
with Boeing Service Bulletin 737-28A1210, Revision 2, dated October
25, 2012.

    Note 1 to paragraph (h)(1) of this AD:  Boeing Service Bulletin
737-28A1210, Revision 2, dated October 25, 2012, refers to BAE
Systems Service Bulletin 69-37335-28-04 as an additional source of
guidance for modifying and updating the existing P5-2 fuel system
module assembly part numbers.

    (2) For airplanes in Group 1, as identified in Boeing Service
Bulletin 737-28A1210,

Revision 2, dated October 25, 2012: Replace the P5-2 fuel system
module assembly, as applicable, using a method approved in
accordance with the procedures specified in paragraph (r) of this
AD.

(i) Concurrent Installation of a Placard for Mixed Fleet Operation

    Concurrently with accomplishment of the actions required by
paragraph (g) of this AD, install a placard adjacent to the pilot's
primary flight display on all airplanes in the operator's fleet not
equipped with an automatic shutoff system for the center and
auxiliary tank fuel boost pumps, as applicable. The placard must
include the statement in figure 1 to paragraph (i) of this AD.
Optionally, the placard may include alternative text or be installed
in a different location, or an additional placard may be installed,
if approved by an appropriate FAA principal operations inspector.
Installing an automatic shutoff system on an airplane, in accordance
with the requirements of paragraph (g) of this AD, terminates the
placard installation required by this paragraph for only that
airplane.
[GRAPHIC] [TIFF OMITTED] TR26SE16.000

(j) Airplane Flight Manual (AFM) Revisions for Airplanes Without Boeing
Auxiliary Fuel Tanks

    For airplanes without Boeing auxiliary fuel tanks: Concurrently
with accomplishment of the actions required by paragraph (g) of this
AD, do the actions specified in paragraphs (j)(1) and (j)(2) of this
AD.
    (1) Revise Section 1 of the Limitations section of the
applicable Boeing 737 AFM to include the statement in figure 2 to
paragraph (j)(1) of this AD. This may be done by inserting a copy of
this AD into the AFM. When a statement identical to that in figure 2
to paragraph (j)(1) of this AD has been included in the general
revisions of the applicable Boeing 737 AFM, the general revisions
may be inserted into the AFM, and the copy of this AD may be removed
from the AFM.
[GRAPHIC] [TIFF OMITTED] TR26SE16.001

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    (2) Revise Section 3 of the Normal Procedures section of the
applicable Boeing 737 AFM to include the text specified in figure 3
to paragraph (j)(2) of this AD. This may be done by inserting a copy
of this AD into the AFM. Alternative statements that meet the intent
of the following requirements may be used if approved by an
appropriate FAA principal operations inspector.

[GRAPHIC] [TIFF OMITTED] TR26SE16.002

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(k) AFM Revisions for Airplanes With Boeing Auxiliary Fuel Tanks

    For airplanes with Boeing auxiliary fuel tanks: Concurrently
with accomplishment of the actions required by paragraph (g) of this
AD, do the actions specified in paragraphs (k)(1) and (k)(2) of this
AD.
    (1) Revise Section 1 of the Limitations section of the
applicable Boeing 737 AFM to include the text specified in figure 4
to paragraph (k)(1) of this AD. This may be done by inserting a copy
of this AD into the AFM. When a statement identical to that in
figure 4 to paragraph (k)(1) of this AD has been included in the
general revisions of the applicable Boeing 737 AFM, the general
revisions may be inserted into the AFM, and the copy of this AD may
be removed from the AFM.

[GRAPHIC] [TIFF OMITTED] TR26SE16.003

BILLING CODE 4910-13-P
    (2) Revise Section 3 of the Normal Procedures section of the
applicable Boeing 737 AFM to include the text specified in figure 5
to paragraph (k)(2) of this AD. This may be done by inserting a copy
of this AD into the AFM. Alternative statements that meet the intent
of the following requirements may be used if approved by an
appropriate FAA principal operations inspector.

[GRAPHIC] [TIFF OMITTED] TR26SE16.004

BILLING CODE 4910-13-C

(l) Airworthiness Limitations (AWLs) Revision for Automatic Shutoff
System

    Concurrently with accomplishment of the actions required by
paragraph (g) of this AD, or within 30 days after the effective date
of this AD, whichever occurs later: Revise the maintenance program
by incorporating the AWLs specified in paragraphs (l)(1), (l)(2),
(l)(3), and (l)(4) of this AD, as applicable. The initial compliance
time for the actions specified in the applicable AWLs is within 1
year after accomplishment of the installation required by paragraph
(g) of this AD, or within 1 year after the effective date of this
AD, whichever occurs later.
    (1) For Model 737-100, -200, and -200C series airplanes without
Boeing auxiliary fuel tanks installed: Incorporate AWL No. 28-AWL-21
of Section C., Airworthiness Limitations--Systems, of Boeing 737-
100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision June 2014.
    (2) For Model 737-100, -200, and -200C series airplanes with
Boeing auxiliary fuel tanks installed: Incorporate AWL No. 28-AWL-21
and AWL No. 28-AWL-22 of Section C., Airworthiness Limitations--
Systems,'' of Boeing 737-100/200/200C/300/400/500 Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), Document D6-38278-CMR, Revision June 2014.
    (3) For Model 737-300, -400, and -500 series airplanes without
Boeing auxiliary fuel tanks installed: Incorporate AWL No. 28-AWL-20
of Section C., Airworthiness Limitations--Systems, of Boeing 737-
100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision June 2014.
    (4) For Model 737-300, -400, and -500 series airplanes with
Boeing auxiliary fuel tanks installed: Incorporate AWL No. 28-AWL-20
and AWL No. 28-AWL-21 of

Section C., Airworthiness Limitations--Systems, of Boeing 737-100/
200/200C/300/400/500 Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision June 2014.

(m) Installation of Un-commanded ON (UCO) Protection System

    Within 60 months after the effective date of this AD, do the
actions required by paragraph (m)(1) or (m)(2) of this AD, as
applicable.
    (1) For airplanes in Groups 2 through 13, as identified in
Boeing Service Bulletin 737-28A1227, Revision 2, dated September 23,
2014: Install the UCO protection system for the center and auxiliary
tank fuel boost pumps, as applicable, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-28A1227,
Revision 2, dated September 23, 2014. For airplanes with enlarged
J2802 box assembly relay cutouts to fit the body of relays R3334,
R3336, R3338, or R3340, with BACS12HN08-10 screws for the
installation of the relays as specified in Boeing Service Bulletin
Information Notice 737-28A1227 IN 05: Accomplishment of the actions
specified in Boeing Alert Service Bulletin 737-28A1227, dated August
2, 2010; or Revision 1, dated July 18, 2011; is acceptable for
compliance with the requirements of this paragraph, provided markers
are installed that identify the function of the switches installed
on the J2802 box within 90 days after the effective date of this AD,
in accordance with figure 1 or figure 5, as applicable, of Boeing
Service Bulletin 737-28A1227, Revision 2, dated September 23, 2014.
    (2) For airplanes in Group 1, as identified in Boeing Service
Bulletin 737-28A1227, Revision 2, dated September 23, 2014: Install
the UCO protection system for the center and auxiliary tank fuel
boost pumps, as applicable, using a method approved in accordance
with the procedures specified in paragraph (r) of this AD.

(n) AWLs Revision for UCO Protection System

    Concurrently with accomplishment of the actions required by
paragraph (m) of this AD, or within 30 days after the effective date
of this AD, whichever occurs later: Revise the maintenance program
by incorporating the AWLs specified in paragraphs (n)(1), (n)(2),
(n)(3), and (n)(4) of this AD, as applicable. The initial compliance
time for the actions specified in applicable AWLs is within 1 year
after accomplishment of the installation required by paragraph (m)
of this AD, or within 1 year after the effective date of this AD,
whichever occurs later.
    (1) For Model 737-100, -200, and -200C series airplanes without
Boeing auxiliary fuel tanks: Incorporate AWL No. 28-AWL-24 of
Section C., Airworthiness Limitations--Systems, of Boeing 737-100/
200/200C/300/400/500 Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision June 2014.
    (2) For Model 737-100, -200, and -200C series airplanes with
Boeing auxiliary fuel tanks: Incorporate AWL No. 28-AWL-24 and AWL
No. 28-AWL-25 of Section C., Airworthiness Limitations, of Boeing
737-100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision June 2014.
    (3) For Model 737-300, -00, and -500 series airplanes without
Boeing auxiliary fuel tanks: Incorporate AWL No. 28-AWL-23 of
Section C., Airworthiness Limitations--Systems, of Boeing 737-100/
200/200C/300/400/500 Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision June 2014.
    (4) For Model 737-300, -400, and -500 series airplanes with
Boeing auxiliary fuel tanks: Incorporate AWL No. 28-AWL-23 and AWL
No. 28-AWL-24 of Section C, ``Fuel Systems Airworthiness
Limitations,'' of Boeing 737-100/200/200C/300/400/500 Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), Document D6-38278-CMR, Revision June 2014.

(o) No Alternative Inspections or Inspection Intervals

    After accomplishment of the applicable actions specified in
paragraphs (l) and (n) of this AD, no alternative inspections or
inspection intervals may be used unless the inspections or
inspection intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (r) of this AD.

(p) Method of Compliance for Paragraph (l) of This AD

    Incorporating AWL No. 28-AWL-21 and AWL No. 28-AWL-22 for Model
737-100, -200, and -200C series airplanes; and AWL No. 28-AWL-20 and
AWL No. 28-AWL-21 for Model 737-300, -400, and -500 series
airplanes; in accordance with paragraphs (g)(1) and (g)(2) of AD
2008-10-09 R1, Amendment 39-16148 (74 FR 69264, December 31, 2009);
is acceptable for compliance with the corresponding AWL
incorporation required by paragraph (l) of this AD.

(q) Method of Compliance for Paragraph (a) of AD 2001-08-24

    Accomplishment of the actions required by paragraphs (g), (h),
(i), and (l) of this AD, and paragraph (j) or (k) of this AD as
applicable, is an acceptable method of compliance with the
requirements of paragraph (a) of AD 2001-08-24.

(r) Alternative Methods of Compliance (AMOCs)

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

(s) Related Information

    (1) For more information about this AD, contact Serj Harutunian,
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For BAE Systems service information identified in this AD
that is not incorporated by reference, contact BAE Systems,
Attention: Commercial Product Support, 600 Main Street, Room S18C,
Johnson City, NY 13790-1806; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet: http://www.baesystems-ps.com/customersupport. It is also available at the
address specified in paragraph (t)(5) of this AD. Boeing service
information identified in this AD that is not incorporated by
reference is also available at the addresses specified in paragraphs
(t)(4) and (t)(5) of this AD.

(t) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
October 31, 2016.
    (i) Boeing Alert Service Bulletin 737-28A1210, dated August 2,
2010.
    (ii) Boeing Alert Service Bulletin 737-28A1216, dated July 29,
2010.
    (iii) Boeing Alert Service Bulletin 737-28A1216, Revision 1,
dated March 26, 2012.
    (iv) Boeing Alert Service Bulletin 737-28A1227, dated August 2,
2010.
    (v) Boeing Alert Service Bulletin 737-28A1227, Revision 1, dated
July 18, 2011.
    (vi) Boeing Alert Service Bulletin 737-28A1228, dated August 2,
2010.
    (vii) Boeing Alert Service Bulletin 737-28A1228, Revision 1,
dated June 28, 2012.
    (viii) Boeing Service Bulletin 737-28A1210, Revision 1, dated
May 13, 2011.
    (ix) Boeing Service Bulletin 737-28A1210, Revision 2, dated
October 25, 2012.
    (x) Boeing Service Bulletin 737-28A1216, Revision 2, dated
November 12, 2012.
    (xi) Boeing Service Bulletin 737-28A1216, Revision 3, dated July
16, 2014.

    (xii) Boeing Service Bulletin 737-28A1227, Revision 2, dated
September 23, 2014.
    (xiii) Boeing 737-100/200/200C/300/400/500 Airworthiness
Limitations (AWLs) and Certification Maintenance Requirements
(CMRs), Document D6-38278-CMR, Revision June 2014.
    (4) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone:<PHONE_NUMBER>, extension 1; fax:<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (5) You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 25, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-21602 Filed 9-23-16; 8:45 am]
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[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7837-7838]
[FR Doc No: 2011-3157]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ11-11-000]

Big Rivers Electric Corporation; Notice of Filing

    Take notice that on February 4, 2011, Big Rivers Electric
Corporation (Big Rivers) filed a notice of cancellation of its Second
Revised and Restated Open Access Transmission Tariff.
    Big Rivers also requests waiver of the requirement of 18 CFR
35.15(a) by the Commission, to permit cancellation to become effective
either as of December 1, 2010, the date that Big Rivers integrated its
transmission facilities with the Midwest Independent System
Transmission Operator, Inc., or as of February 4, 2011, the date of
this filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail

<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 25, 2011.

    Dated: February 4, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-3157 Filed 2-10-11; 8:45 am]
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