[Federal Register: January 24, 2011 (Volume 76, Number 15)]
[Rules and Regulations]
[Page 4056-4061]
[DOCID:fr24ja11-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0054; Directorate Identifier 2010-CE-070-AD;
Amendment 39-16582; AD 2011-01-53]
RIN 2120-AA64

Airworthiness Directives; PIAGGIO AERO INDUSTRIES S.p.A Model
PIAGGIO P-180 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This emergency AD was sent previously to all
known U.S. owners and operators of these airplanes. This AD supersedes
Emergency AD 2011-01-51, requires an immediate functional test of the
fuselage drain holes, and requires sending a report of the results to
the FAA. This AD also allows, with noted exceptions, for the return/
position of the airplane to a home base, hangar, maintenance facility,
etc. This AD was prompted by reports of water accumulation in the belly
of the fuselage that froze and caused the flight controls to jam. We
are issuing this AD to prevent water or fluid from accumulating in the
belly of the fuselage and freezing when the aircraft reaches and holds
altitudes where the temperature is below the freezing point. This
condition could cause the flight controls to jam with consequent loss
of control.

DATES: This AD is effective January 24, 2011 to all persons except
those persons to whom it was made immediately effective by Emergency AD
2011-01-53, issued on December 20, 2010, which contained the
requirements of this amendment.
    We must receive comments on this AD by March 10, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, Small
Airplane Directorate, FAA, 901 Locust, Kansas City, MO 64106; phone:
(816) 329-4144; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, is considered
the State of Design for PIAGGIO AERO INDUSTRIES S.p.A Model PIAGGIO P-
180 airplanes. A reported occurrence of the flight controls jamming on
a Model PIAGGIO P-180 airplane prompted EASA to issue AD No. 2007-0025,
dated February 1, 2007. This prompted the FAA to issue AD 2007-24-15,
Amendment 39-15281 (72 FR 67843, December 3, 2007). AD 2007-24-15
requires correcting the fuselage drain system and ensuring that the
drain lines of the environmental unit condenser are not clogged.
    Since AD 2007-24-15 became effective, we received reports of two
additional incidences of water accumulating in the belly of the
fuselage that froze and caused the flight controls to jam on Model
PIAGGIO P-180 airplanes. These reports prompted us to issue Emergency
AD 2011-01-51 on December 18, 2010, to require an immediate functional
test of the fuselage drain holes and submitting a report of the results
to the FAA. It also allows, with noted exceptions, for the return/
position of the airplane to a home base, hangar, maintenance facility,
etc.
    After we issued Emergency AD 2011-01-51, we realized that we
inadvertently omitted figure 2 in Appendix 1. This prompted us to
supersede Emergency AD 2011-01-51 and issue Emergency AD 2011-01-53.
    This condition, if not corrected, could result in water or fluid
accumulating in the belly of the fuselage and freezing when the
aircraft reaches and holds altitudes where the temperature is below the
freezing point, which could cause the flight controls to jam with
consequent loss of control.

FAA's Determination

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

AD Requirements

    We are superseding Emergency AD 2011-01-51 with a new AD, which was
issued as Emergency AD 2011-01-53 on December 20, 2010. This AD retains
the actions from Emergency AD 2011-01-51, adds figure 2 to Appendix 1,
and corrects other minor typographical errors.

Interim Action

    We consider this AD interim action. The FAA is working with EASA
and PIAGGIO on this unsafe condition. Due to the nature of the
immediate safety of flight situation, the FAA is working this AD
concurrently with EASA instead of waiting for EASA, as the State of
Design, to issue an AD. Thus, this action is considered unilateral AD
action.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because water
or fluid accumulating in the belly of the fuselage and freezing could
cause the flight controls to jam with consequent loss of control.
Therefore, we find that notice and opportunity for prior public comment
are impracticable and that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment.

However, we invite you to send any written data, views, or arguments
about this AD. Send your comments to an address listed under the
ADDRESSES section. Include the docket number FAA-2011-0054 and
Directorate Identifier 2010-CE-070-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 102 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Functional test of the fuselage     3 work-hours x $85    Not applicable......            $255          $26,010
 drain holes.                        per hour = $255.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
    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, 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):

2011-01-53 PIAGGIO AERO INDUSTRIES S.p.A: Amendment 39-16582; Docket
No. FAA-2011-0054; Directorate Identifier 2010-CE-070-AD.

Effective Date

    (a) This AD is effective January 24, 2011 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2011-01-53, issued on December 20, 2010, which contains the
requirements of this amendment.

Affected ADs

    (b) This AD supersedes Emergency AD 2011-01-51, issued December
18, 2010, which was sent to owners/operators of PIAGGIO AERO
INDUSTRIES S.p.A Model PIAGGIO P-180 airplanes. AD 2007-24-15,
Amendment 39-15281 (72 FR 67843, December 3, 2007) is related to
this subject and remains in effect.

Applicability

    (c) This AD applies to PIAGGIO AERO INDUSTRIES S.p.A Model
PIAGGIO P-180 airplanes, all serial numbers, certified in any
category.

Subject

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

Unsafe Condition

    (e) This AD was prompted by reports of water accumulation in the
belly of the fuselage that froze and caused the flight controls to
jam. We are issuing this AD to prevent water or fluid from
accumulating in the belly of the fuselage and freezing when the
aircraft reaches and holds altitudes where the temperature is below
the freezing point. This condition could cause the flight controls
to jam, which could result in loss of control.

Compliance

    (f) Comply with this AD within the compliance times specified.

Inspection and Corrective Actions

    (g) Unless already done in compliance with Emergency AD 2011-01-
51, before further flight, do the following actions using the
instructions in Appendix 1 of this AD.
    (1) Remove the central floor panels in the cabin and inspect the
fuselage belly; and
    (2) Functional test the fuselage drain holes.

Reporting Requirement

    (h) Unless already done, within 24 hours after complying with
the actions required in paragraph (g) of this AD, fill out the
reporting form provided in Appendix 2 of this AD and send to the FAA
at the address (facsimile, e-mail) referenced in the Related
Information section, paragraph (l) of this AD.
    (i) For the reporting requirement in this AD, a Federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information

displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Provision to Return to Home Base

    (j) For the actions required in paragraph (g) of this AD, you
may return/position the airplane to a home base, hangar, maintenance
facility, etc., provided the following are adhered to:
    (1) A water drain hole test is done immediately before the
repositioning flight and the airplane passes this test. The
instructions for this test are included in Appendix 3 of this AD. If
the airplane does not pass this test, then the actions of paragraph
(g) of this AD must be done without a repositioning flight, unless a
special flight permit is granted;
    (2) This repositioning flight does not exceed a total of 5 hours
time-in-service; and
    (3) Use of autopilot is prohibited.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Standards Office, Small Airplane
Directorate, 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 Standards Office, send it
to the attention of the person identified in the Related Information
section of this AD.
    (2) Accomplishment of Piaggio Service Bulletin (ALERT) No. 80-
0234, dated December 20, 2010, in its entirety provides an
acceptable level of safety to the actions of this AD and thus is
considered an approved AMOC for AD 2011-01-53.
    (3) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.

Related Information

    (l) For further information about this AD, contact Mike Kiesov,
Aerospace Engineer, Small Airplane Directorate, FAA, 901 Locust,
Kansas City, MO 64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
Appendix 1 to AD 2011-01-53

Functional Test of the Fuselage Drain Holes

    1. Remove the electrical power (Ref. AMM Chapter 24-00-00).
    2. Remove the carpet from the aisle in the passenger
compartment: The carpet is installed on the aircraft with Velcro;
remove it by hand.
    3. Remove the aisle floor panels 231 ALF, 231 FLF, 231 MLF, and
231 QLF (Ref. AMM Chapter 06-00-00).
    4. Inspect the fuselage belly for presence of fluid or ice.
Inspect the lateral bays through the lightening holes.
    a. If fluid is found in the belly, drain it and collect. Take
note of the amount of fluid removed from the belly, and in which bay
the fluid was trapped.
    b. If ice is found in the belly, thaw it, then drain and
collect. Take note of the amount of fluid removed from the belly,
and in which bay the ice was trapped.
    NOTE: BEFORE THAWING THE ICE, PUT A SUITABLE CONTAINER BELOW THE
EXTERNAL DRAIN HOLES TO COLLECT THE FLUID.
    c. Evaluate the amount of fluid collected:
    i. If water is found only in the bottom of the belly (i.e.,
undrainable within the keel beams), go to step 6. Step 5 does not
need to be accomplished at this time.
    ii. If water is found in excess of item above (4-c-i), do step
5.
    5. Add 6.3 mm draining holes as per attached figure 1
(additional drain holes on keel beam webs) connecting the lateral
bays to the center ones or, as alternative, apply Piaggio Aero
Industries Service Bulletin 80-0291. Then proceed with step 6.
    6. Inspect the fuselage belly for presence of dirt/debris. Take
note of dirt/debris found and of its location (which bay).
    7. Inspect the fuselage belly for signs of previous fluid
pooling (waterlines or similar). Take note of any sign found.
    8. Inspect the six (6) flapper valves (two near FR 20, FR 32,
and FR 36) to verify if they are clogged, stuck to the fuselage
skin, or laying against the skin for their entire length.
    a. Clean any clogged flapper valve. Take note of any clogged
flapper valve and its position.
    b. Carefully free any stuck flapper valve. Take note of any
stuck flapper valve and its position.
    c. If--after cleaning and repositioning--the rubber flap is
still laying against the skin for its entire length, cut off the
rubber flap. Replace it at the next A check.
    9. Inspect the six (6) external drain holes:
    a. Verify if they are clogged. If any drain hole is clogged,
clean it.
    b. Check for proper dimension (3.2 mm). Rework to nominal
dimension any external drain hole that is found undersized. Protect
the reworked drain hole by means of Alodyne. Take note of any drain
hole found clogged and/or reworked, and its position.

Appendix 1 to AD 2011-01-53 (Continued)

Functional Test of the Fuselage Drain Holes

BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR24JA11.000

BILLING CODE 4910-13-C

Appendix 1 to AD 2011-01-53 (Continued)

Functional Test of the Fuselage Drain Holes

    10. Clean the fuselage belly, removing debris. A vacuum cleaner
may be used.
    11. If possible, identify clues of potential source of fluid,
such as wet carpets, blue lavatory water, etc.
    12. Test the valves and drain holes as described:
    a. Place an adequate amount of water in each bay between FR 19
and FR 36 (See figure 2) to verify that the water is conveyed in the
central bays and that it is drained. Use at least \1/2\ gallon
(approximately 2 liters).
    NOTE: TAKE CARE NOT TO COME IN CONTACT WITH ELECTRICAL
CONNECTORS WHILE POURING WATER.
    b. A steady stream of water should be observed coming from the
external drain holes. If not, the flapper valve does not drain
properly. Cut off the rubber flap and replace the flapper valve at
next A check. Take note of any cut rubber flap and its position.
    13. Dry the fuselage belly.
    14. Install the aisle floor panels 231ALF, 231 FLF, 231 MLF, and
231 QLF (Ref. AMM Chapter 06-00-00).
    15. Re-install the carpet:
    a. Make sure that the floor is clean and free of objects.
    b. Make sure that the Velcro is well fixed and cleaned.
    c. Put the carpet in position on the floor and fix it with the
Velcro.
    16. Collect information on total time flown in the last 6
months. Specify if the aircraft was exposed to heavy rain conditions
while parked or during flights.

    17. Make an appropriate entry in the airplane logbook to show
compliance with this emergency AD.
BILLING CODE 4910-13-P

Appendix 1 to AD 2011-01-53 (Continued)

Functional Test of the Fuselage Drain Holes
[GRAPHIC] [TIFF OMITTED] TR24JA11.001

BILLING CODE 4910-13-C

Appendix 2 to AD 2011-01-53 Reporting Form

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

------------------------------------------------------------------------
AIC S/N:                 A/C Flight Hours:        A/C Registration:
------------------------------------------------------------------------

------------------------------------------------------------------------
Step 4a--water collected in the belly    If YES, specify amount and
                                          location:
[YES] [NO]
------------------------------------------------------------------------
Step 4b--ice collected in the belly      If YES, specify amount and
                                          location:
[YES] [NO]
------------------------------------------------------------------------

Step 5--added drain holes                If YES, specify work performed:
[YES] [NO]
------------------------------------------------------------------------
Step 6--debris/dirt in the belly         If YES, specify amount and
                                          location:
[YES] [NO]
------------------------------------------------------------------------
Step 7--signs of previous fluid pooling  If YES, specify amount and
                                          location:
[YES] [NO]
------------------------------------------------------------------------
Step 8--flapper valves inspection        Specify, if any, which flapper
                                          valve was found clogged or
                                          stuck and, if any, which
                                          rubber flap was cut off.

------------------------------------------------------------------------
Step 9--drain holes inspection           Specify, if any, which drain
                                          hole was found clogged.
                                         Specify, if any, which drain
                                          hole was found undersized.

------------------------------------------------------------------------
Step 11--clues of potential source of
 fluid.

------------------------------------------------------------------------
Step 12--drain test                      Specify, if any, which flapper
                                          valve does not have a steady
                                          stream of water.
------------------------------------------------------------------------
Step 16--Total time flown in the last 6
 months. Specify if the aircraft was
 exposed to heavy rain conditions while
 parked or during flights.
------------------------------------------------------------------------
Date:                                    Accomplished by:
------------------------------------------------------------------------
Signature
------------------------------------------------------------------------
                             Send Report to:
  Mike Kiesov, Aerospace Engineer, Small Airplane Directorate, FAA, 901
                     Locust, Kansas City, MO 64106;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>------------------------------------------------------------------------

Appendix 3 to AD 2011-01-53 Water Drain Hole Test

    1. Put a container under the fuselage external drain holes.
    2. Insert a plastic or wooden stick (or similar tool), minimum
length 3 inches (7.5 cm), diameter 0.1 inch (2.5 mm) in each of the
6 fuselage external drain holes.
    3. Verify the stick may enter freely in the drain hole.
    4. If the stick does not enter freely, repositioning flight is
not allowed.
    5. If more than 1 cup (250 ml) of water is drained from 2 drain
holes at each station while inserting the stick, repositioning
flight is not allowed.

    Issued in Kansas City, Missouri, on January 13, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-1136 Filed 1-21-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Rules and Regulations]
[Page 26316-26318]
[DOCID:fr09my08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0524; Directorate Identifier 2007-SW-77-AD;
Amendment 39-15519; AD 2007-26-52]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Model A109C, A109E, and
A109K2 Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: This document supersedes Airworthiness Directive (AD) 2001-24-
07 R1 and adopts AD 2007-26-52, which was sent previously to all known
U.S. owners and operators of Agusta S.p.A. (Agusta) Model A109C, A109E,
and A109K2 helicopters by individual letters. This AD requires
inspections for swelling, deformation, bonding separation, or a crack
on each main rotor blade (MRB) with a certain tip cap installed, and if
any of these conditions are found that exceed the prescribed limits,
replacing the MRB before further flight. This amendment is prompted by
a report of the in-flight loss of part of a tip cap. The actions
specified in this AD are intended to prevent an increase in vibration
of the MRB and subsequent loss of control of the helicopter.

DATES: Effective May 27, 2008, to all persons except those persons to
whom it was made immediately effective by Emergency AD 2007-26-52,
issued on December 20, 2007, which contained the requirements of this
amendment.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 27, 2008. The Director of the Federal Register approved the
incorporation by reference of Agusta Alert Bollettino Tecnico No. 109-
106, No. 109K-22, and No. 109EP-1, all Revision B and all dated
December 19, 2000, listed in the AD as of January 7, 2002 (66 FR 60144,
December 3, 2001).
    Comments for inclusion in the Rules Docket must be received on or
before July 8, 2008.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni Agusta
520, telephone 39 (0331) 229111, fax 39 (0331)<PHONE_NUMBER>95.
    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at http://
www.regulations.gov, or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort
Worth, Texas 76193-0111, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On June 16, 2004, the FAA issued AD 2001-24-
07 R1, Amendment 39-13687 (69 FR 35511, June 25, 2004). That AD
required inspecting each MRB, part number (P/N) 709-0103-01, tip cap,
for either bonding separation or a crack, and provided a terminating
action for the requirements of the AD by replacing each tip cap with an
airworthy tip cap, P/N 709-0103-29-109.
    Since issuing that AD, there has been one report of in-flight loss
of part of a tip cap, P/N 709-0103-29-109, resulting in an emergency
landing due to an increase in vibrations. There has also been one
report of cracking on the tip cap leading edge. Therefore, on December
20, 2007, we issued Emergency AD 2007-26-52, which superseded AD 2001-
24-07 R1 (69 FR 35511, June 25, 2004), to remove the terminating action
of replacing a tip cap with tip cap, P/N 709-0103-29-109, and to remove
the serial number limitation of AD 2001-24-07 R1. The Emergency AD
requires inspecting and replacing certain MRBs, if necessary.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for Italy, a Member State of the European Community, notified us
that an unsafe condition may exist on Agusta Model A109C, A109E, and
A109K2 helicopters. The EASA advises that an incident occurred in which
a Model A109E helicopter lost part of the tip of the MRB due to
fracture of the welded bead (joint line of shells). The manufacturer
advises that the investigation relating to this tip cap failure is
still ongoing.
    Agusta has issued Alert Bollettino Tecnico No. 109-106 for the
Model A109C, No. 109K-22 for the Model A109K2, and No. 109EP-1 for the
Model A109E, all Revision B and all dated December 19, 2000, which
describe inspecting the MRB tip cap for bonding separation and a crack;
a tap inspection of the tip cap for bonding separation in the blade
bond; and a dye-penetrant inspection of the tip cap leading edge along
the welded joint line of the upper and lower tip cap skin shells for a
crack. Since then, Agusta has issued Bollettino Tecnico No. 109-125 for
the Model A109C, No. 109EP-85 for the Model A109E, and No. 109K-48 for
the Model A109K2, all dated December 13, 2007, which describe
procedures for inspecting the tip cap, P/N 709-0103-29-109, for cracks
and for damage on the tip cap leading edge at the welded bead (joint
line of shells). The EASA classified these bollettino tecnicos as
mandatory and issued EASA Emergency AD No. 2007-0306-E, dated December
14, 2007, to ensure the continued

airworthiness of these helicopters in Italy.
    These helicopter models are manufactured in Italy and are type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, the EASA, the agent for Italy, has kept
the FAA informed of the situation described above. The FAA has examined
the findings of the EASA, reviewed all available information, and
determined that AD action is necessary for products of these type
designs that are certificated for operation in the United States.
    Since the unsafe condition described is likely to exist or develop
on other Agusta Model A109C, A109E, and A109K2 helicopters of the same
type designs, the FAA issued Emergency AD 2007-26-52 to prevent an
increase in vibration of the MRB and subsequent loss of control of the
helicopter. The AD requires, for any MRB with a serial number with a
prefix of either ``EM-'' or ``A5-'', except a MRB with a tip cap, P/N
709-0103-29-109, within 10 hours TIS and thereafter at intervals not to
exceed 25 hours time-in-service (TIS):
     A tap inspection of the upper and lower sides of each tip
cap for bonding separation and in the tip cap to blade bond area;
     A visual inspection of the upper and lower side of each
blade tip cap for swelling or deformation; and
     A dye-penetrant inspection of the tip cap leading edge
along the welded joint line of the upper and lower tip cap skin shells
for a crack. The AD also requires visually inspecting each MRB with a
tip cap, P/N 709-0103-29-109, for a crack on the leading edge at the
welded bead (joint line of shells) using a 10x or higher power
magnifying glass, and if there is damage other than a crack, inspecting
the area using a dye-penetrant inspection method, within the following
compliance times:
     For a tip cap, P/N 709-0103-29-109, with 600 or more hours
TIS, inspect within the next 5 hours TIS or 30 days, whichever occurs
first, and thereafter at intervals not to exceed 50 hours TIS; or
     For a tip cap with less than 600 hours TIS, inspect before
reaching 600 hours TIS, and thereafter, at intervals not to exceed 50
hours TIS.
    If dwelling, deformation, a crack, or bonding separation that
exceeds the prescribed limits is found in a MRB with an affected
prefix, except a MRB with a tip cap, P/N 709-0103-29-109, the MRB must
be replaced with an airworthy MRB before further flight. If a crack is
found in a MRB with tip cap, P/N 709-0103-29-109, then before further
flight the MRB must be replaced with an airworthy MRB. The actions must
be accomplished in accordance with the bollettino tecnicos described
previously.
    The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
structural integrity and controllability of the helicopter. Therefore,
the applicable inspections of each affected MRB and replacing any
unairworthy MRB are required before further flight, and this AD must be
issued immediately.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on December 20, 2007 to all known U.S. owners and operators of
Model A109C, A109E, and A109K2 helicopters. These conditions still
exist, and the AD is hereby published in the Federal Register as an
amendment to 14 CFR 39.13 to make it effective to all persons.
    The FAA estimates that this AD will affect 101 helicopters of U.S.
registry (44 without a tip cap, P/N 709-0103-29-109, plus 57 with that
tip cap), and will take, for MRBs with any tip cap, except tip cap, P/N
709-0103-29-109, approximately 6 work hours per helicopter to
accomplish the initial and 24 25-hour TIS repetitive inspections
(assuming they include dye-penetrant inspections), and for MRBs with
tip cap, P/N 709-0103-29-109, installed, approximately 8 work hours per
helicopter to accomplish the initial and 12 50-hour TIS repetitive
inspections, assuming that these inspections require using a dye-
penetrant method also, at an average labor rate of $80 per work hour.
Based on these figures, we estimate the total cost impact of the AD on
U.S. operators to be $495,360.

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2008-0524; Directorate
Identifier 2007-SW-77-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
http://docketsinfo.dot.gov.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2007-26-52 Agusta S.p.A.: Amendment 39-15519. Docket No. FAA-2008-
0524; Directorate Identifier 2007-SW-77-AD. Supersedes AD 2001-24-07
R1, Amendment 39-13687, Docket No. 2001-SW-15-AD.
    Applicability: Model A109C, A109E, and A109K2 helicopters, with
a main rotor blade (MRB), Part Number (P/N) 709-0103-01-all dash
numbers, certificated in any category.
    Compliance: Required as indicated.
    (a) For a MRB with a serial number that has a prefix of either
``EM-'' or ``A5-'', except a MRB with a tip cap, P/N 709-0103-29-
109, installed, within 10 hours time-in-service (TIS), unless
accomplished previously, and thereafter at intervals not to exceed
25 hours TIS:
    (1) Tap inspect the upper and lower sides of each tip cap for
bonding separation between the metal shells and the honeycomb core
using a steel tap hammer, P/N 109-3101-58-1, or a coin (quarter) in
the area indicated as honeycomb core on Figure 1 of Alert Bollettino
Tecnico (BT) No. 109-106, No. 109K-22, or No. 109EP-1, all Revision
B, and all dated December 19, 2000, as applicable to your model
helicopter. Also, tap inspect for bonding separation in the tip cap
to blade bond area (no bonding voids are permitted in this area).
    (2) Visually inspect the upper and lower sides of each blade tip
cap for swelling or deformation.
    (3) Dye-penetrant inspect the tip cap leading edge along the
welded joint line of the upper and lower tip cap skin shells for a
crack in accordance with the Compliance Instructions, steps 3.
through 3.2.6., of the applicable BT.
    (4) If any swelling, deformation, crack, or bonding separation
that exceeds the prescribed limits in the applicable maintenance
manual is found, replace the blade with an airworthy blade before
further flight.
    (b) For a MRB with a tip cap, P/N 709-0103-29-109, installed,
perform the following in accordance with Table 1:

                                 Table 1
------------------------------------------------------------------------
           For each tip cap:                         Comply:
------------------------------------------------------------------------
With 600 or more hours TIS.............  Within the next 5 hours TIS or
                                          30 days, whichever occurs
                                          first, and thereafter at
                                          intervals not to exceed 50
                                          hours TIS.
With less than 600 hours TIS...........  Before reaching 600 hours TIS,
                                          and thereafter, at intervals
                                          not to exceed 50 hours TIS.
------------------------------------------------------------------------

    (1) Using a 10x or higher power magnifying glass, visually
inspect the tip cap leading edge welded bead (joint line between the
two metallic shells) for a crack in accordance with the Compliance
Instructions, steps 1. through 2. of BT No. 109-125, No. 109EP-85,
or No. 109K-48, all dated December 13, 2007, as applicable to your
model helicopter.
    (2) If there is damage other than a crack, inspect the tip cap
leading edge along the welded joint line of the shells for a crack
using a dye penetrant method in accordance with the Compliance
Instructions, steps 3. through 3.7. of BT No. 109-125, No. 109EP-85,
or No. 109K-48, all dated December 13, 2007, as applicable to your
model helicopter.
    (3) If a crack is present, remove the blade and replace it with
an airworthy blade before further flight.
    (c) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, FAA, ATTN: Sharon
Miles, Rotorcraft Directorate, Fort Worth, Texas 76193-0111,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, for information about
previously approved alternative methods of compliance.
    (d) The inspections shall be done in accordance with the
specified portions of the service information described in
paragraphs (d)(1) and (d)(2) of this AD.
    (1) The Director of the Federal Register approved the
incorporation by reference of Agusta Bollettino Tecnico No. 109-125,
No. 109EP-85, and No. 109K-48, all dated December 13, 2007, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the
incorporation by reference of Agusta Alert Bollettino Tecnico No.
109-106, No. 109K-22, and No. 109EP-1, all Revision B and all dated
December 19, 2000, on January 7, 2002 (66 FR 60144, December 3,
2001).
    (3) Copies may be obtained from Agusta, 21017 Cascina Costa di
Samarate (VA) Italy, Via Giovanni Agusta 520, telephone 39 (0331)
229111, fax 39 (0331)<PHONE_NUMBER>95.
    (4) Copies may be inspected at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

    Note: The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2007-0306-E, dated December 14, 2007.

    (e) This amendment becomes effective on May 27, 2008, to all
persons except those persons to whom it was made immediately
effective by Emergency AD 2007-26-52, issued December 20, 2007,
which contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on May 1, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-10054 Filed 5-8-08; 8:45 am]

BILLING CODE 4910-13-P


STATEMENT SUPPORTING THE RENEWAL OF INFORMATION COLLECTION FOR THE DISTRIBUTION OF OFFSITE CONSEQUENCE ANALYSIS INFORMATION
                UNDER SECTION 112(r)(7)(H) OF THE CLEAN AIR ACT
                              EPA ICR No. 1981.05

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

      1(a)	Title of the Information Collection Request

      Distribution of Offsite Consequence Analysis Information under Section 112(r)(7)(H) of the Clean Air Act (CAA) (Renewal), EPA No. 1981.05, OMB Control Number 2050-0172.

      1(b) 	Short Characterization

      This ICR is the renewal of the ICR developed for the final rule, Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air Act Section 112(r)(7); Distribution of Off-Site Consequence Analysis Information.  CAA section 112(r)(7) required EPA to promulgate reasonable regulations and appropriate guidance to provide for the prevention and detection of accidental releases and for responses to such releases. The regulations include requirements for submittal of a risk management plan (RMP) to EPA.  The RMP includes information on offsite consequence analyses (OCA) as well as other elements of the risk management program.

      On August 5, 1999, the President signed the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (CSISSFRRA).  This Act requires the President to promulgate regulations on the distribution of OCA information (CAA section 112(r)(7)(H)(ii)).  The President delegated to EPA and the Department of Justice (DOJ) the responsibility to promulgate regulations to govern the dissemination of OCA information to the public.

      The final rule which was published on August 8, 2000 (65 FR 48108) imposed minimal information collection requirements and record keeping.  The federal government established 55 reading rooms at federal facilities geographically distributed across the United States and its territories.  At these reading rooms, members of the public are able to read, but not mechanically copy or remove paper copies of OCA information for up to 10 stationary sources per calendar month.  At these reading rooms, the members of the public may also have access to OCA information that the Local Emergency Planning Committee (LEPC) in whose jurisdiction the person lives or works is authorized to provide.

      At most of the reading rooms, access is available by appointment only.  There are few walk-in reading rooms.  The requestor will need to display photo identification issued by a federal, state, or local government agency, sign a sign-in-sheet, and certify that the individual has not received access to OCA information for more than 10 stationary sources for that calendar month.  Persons requesting access to OCA information at the federal reading rooms for local stationary sources will also be asked to sign-in and to display documentation demonstrating that he or she lives or works in the LEPC jurisdiction for which the OCA information is requested.  Requestors will be limited to access to paper copies of OCA information for a total of 10 stationary sources during a calendar month, regardless of how many reading rooms they visit during a single month.

      EPA also established an indicator, Vulnerable Zone Indicator System (VZIS) that informs any person located in any state whether an address specified by that person might be within the vulnerable zone of one or more stationary sources, according to the data reported in RMPs.  The indicator is available on the Internet.  Members of the public who do not have access to the Internet are able to obtain the same information by calling an EPA toll-free number or by regular mail request to the Administrator of EPA.

      The final rule authorizes and encourages LEPCs and related local government agencies (such as police, fire, emergency management and planning departments) to provide read-only access to OCA sections of RMP for sources located within the jurisdiction of the LEPC and for any other stationary sources that has a vulnerability zone that extends into the LEPC's jurisdiction.  These local agencies would receive OCA information upon request for all the sources in the LEPC jurisdiction and for any sources whose vulnerable zones extend into the LEPC's jurisdiction.  They are authorized to make the OCA information available for reading, but not copying mechanically, to members of the public.  These agencies that provide read-only access are not required to limit the number of stationary sources for which a person can gain access, ascertain a person's identity or place of residence or work, or keep records of public access provided.   Local agencies are authorized and encouraged, but are not required to provide public access to OCA sections of RMPs.

      State agencies and related state government agencies (such as emergency management, environmental protection, health, and natural resources departments) can receive OCA data upon request for all facilities in the state.  They are authorized to make the OCA information available for reading, but not copying mechanically, to members of the public for the same stationary sources as the LEPC in whose jurisdiction the person lives or works.  If the states choose to give this information, they need to verify the person's address or place of employment.  State agencies are not required to provide public access to OCA information.

      CSISSFRRA allows any member of an LEPC, State Emergency Response Commission (SERC) and any other state or local government official to convey to the public any OCA data elements orally or in writing, provided that the data elements are not conveyed in the format of sections 2 through 5 of an RMP or any electronic database that EPA has developed that includes OCA data elements.

      State and local government officials can also have access to OCA information for their official use.  These officials must send a request on their official letterhead to certify that they are covered persons under P.L. 106-40, and that they will use the data for official use only.

2.	NEED FOR AND USE OF THE COLLECTION

      2(a)	Need/Authority for the Collection

      The information collection for disseminating OCA information is authorized under the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (CSISSFRRA).   From the members of the public wishing to view OCA information at federal reading rooms, this ICR collects signature and a certification stating that the requestor has not received access to OCA information for more than 10 stationary sources during that calendar month.  The federal reading room staff will view photo identification of the requestor and view documentation demonstrating where he or she lives (for those who are requesting local stationary sources at federal reading rooms.)   Members of the public contacting the central office will be asked to give their name, telephone number, residential address, and names of the stationary sources for which they wish to view the OCA information.  This ICR also covers the collection of written requests from state and local officials for OCA information.  In addition, it governs the maintenance and disclosure of the OCA information by state and local entities for public use, as authorized and encouraged by CSISSFRRA and codified in 40 CFR Part 1400.

      2(b)	Practical Utility/Users of the Information

      The information collected from the public under 40 CFR Part 1400 will be collected to assure compliance with 40 CFR 1400.3 ("Public access to paper copies of off-site consequence analysis information").   Signature and certification will be collected to ensure that members of the public are in compliance with 40 CFR 1400.3(c), which provides that a reading room may not provide a person access to OCA information for more than 10 stationary sources in a calendar month.  This limitation on access is consistent with CSISSFRRA section 3(a), which states in relevant part that the regulations promulgated there under "[allow] access by any member of the public to paper copies of [OCA] information for a limited number of stationary sources located anywhere in the United States . . ." [emphasis added].

      The person wishing to view OCA information at federal reading rooms must show photo identification to the reading room staff prior to obtaining OCA information.  This requirement is a reasonable means of accomplishing the statutory requirement that individuals have access "to a limited number" of paper copies of OCA information.  The photo identification will significantly reduce the risk that someone will attempt to use identification that is not his or her own.

      At federal reading rooms, the members of the public also have access to OCA information that the LEPC in whose jurisdiction the person lives or works is authorized to provide.  These individuals will be asked to sign-in and to display documentation demonstrating that he or she lives or works in the LEPC whose jurisdiction for which the OCA information has been requested.  This requirement is to assure that the individual will only get the OCA information to which he is entitled.

      If an individual calls the central office to obtain OCA data, he/she will be asked to give his/her name, telephone number, and the names of the stationary sources for which OCA information are being requested.  This information will enable the central office to schedule an appointment for the requestor at a reading room, relay the requested copies of OCA information to that reading room, and, if necessary, contact the requestor.

      This collection also covers the letters of request sent by state and local agencies for OCA information either for their own use such as emergency planning and/or to provide read-only access to the public.  State and local officials who decide to obtain OCA information for their official use must send a request on their official letterhead to EPA certifying that they are covered persons under P.L. 106-40 and that they will use the information for official use only.

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

      3(a)	Non-Duplication

      The information being collected under this rule are signature, certification and personal identification data and names of the stationary sources for which the individuals would like to view OCA data (for those who call the central office to view OCA data).  The letters from state or local officials to EPA requesting OCA information are also collected.  This information does not duplicate any other federal collection as it is specific to this rule and necessary to ensure that the rule can be implemented.

      3(b) Public Notice

      In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency notified the public through a Federal Register notice on the resubmission of this ICR on January 15, 2013 (78 FR 2992).  No comments were received.

      3(c) Consultations

The following respondents were consulted for this ICR renewal:

1.  Kim Joseph, Ohio Environmental Protection Agency
e-mail<EMAIL_ADDRESS>
2.  Mike Reid, North Carolina Department of Environment and Natural Resources
e-mail<EMAIL_ADDRESS>Phone:<PHONE_NUMBER>

3.  Paul Komosinsky, New Jersey Department of Environmental Protection
e-mail<EMAIL_ADDRESS>Phone:<PHONE_NUMBER>

      3(d)	Effects of Less Frequent Collection

      This section is not applicable.  The only data being collected are the signatures and self-certification; these are only collected at the time of visit.

      3(e)	General Guidelines

      This section is not applicable.

      3(f)	Confidentiality

      The only data being collected are signatures and self certification, neither of which are confidential.  EPA and DOJ have not created and will not be creating a tracking system according to individual's names to enforce the limit on access to paper copies at the reading rooms.

      3(g)	Sensitive Questions

      This section is not applicable.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

      4(a)	Respondents/NAICS Codes

      The respondent universe for this rule is state and local officials and members of the public.  The most significant users are likely to be state and local agencies (NAICS code 92111).

      4(b)	Information Requested

      Members of the public are required to give their names, telephone number, and the names of the stationary sources for which OCA information is being requested, when they contact the central office to schedule an appointment to view OCA information.  Individuals visiting the reading rooms are required to sign-in and self certify that they have not viewed OCA information for more than 10 stationary sources during that calendar month.  Individuals wishing to view OCA information that the LEPC in whose jurisdiction the person lives or works is authorized to provide will also be asked to sign-in and display documentation demonstrating that he or she lives or works in the LEPC jurisdiction for which the OCA information has been requested.

      State and local agencies are required to send a written request to EPA for OCA information.  State and local officials must send the request on their official letterhead certifying that they are covered persons under P. L. 106-40 and that they will use the data for official use only.

      (i)	Data Elements

      Members of the public requesting to view OCA information at federal reading rooms are required to sign in and self certify.  If asking for OCA information from federal reading rooms for the stationary sources in the area where they live or work, they would be required to provide proof that they live or work in that area.  Members of the public are required to give their names, telephone number, and the names of the stationary sources for which OCA information is being requested, when they contact the central office to schedule an appointment to view OCA information.

      (ii)	Respondent Activities

      The respondent activities for state and local agencies include:

       Reading and understanding the Security Notice to Federal, state, and local officials and researchers;
       Submitting a written request to EPA for OCA information;
       Providing a location for the public to review OCA information for local stationary sources;
       Ensuring that members of the public do not remove or copy OCA information they review;
       Operate the VZIS indicator system, and
       Making OCA information available in formats other than sections 2 through 5 of the RMP.

      The respondent activities for members of the public include the following:

       Calling the central office to make an appointment at a reading room, provide name, phone number, and the names of the stationary sources for which OCA information is requested;
       Displaying a photo identification (e.g., driver's license) at reading rooms and proof of place of residence or employment (when seeking to view OCA information for stationary sources located near place of residence or employment); sign-in and certify that they have not viewed OCA information for more than 10 stationary sources during that calendar month.
       Submitting a request for information from the vulnerable zone indicator system (VZIS) (by Internet, phone, or mail); and
       Making follow-up calls or contacts to obtain additional information on stationary sources that may affect them.

      Members of the public are permitted to read and take notes from the OCA information, but not to remove or mechanically reproduce it.  The regulation imposes no limit on the number of local stationary sources (within the LEPC district or affecting the LEPC district) for which members of the public may review paper copies of OCA information made available by local agencies.  The regulation does not require local agencies to ask members of the public to show any identification to gain access to the information.  State agencies are permitted to provide a person the same access to paper copies of OCA information to a member of the public as that person would receive at his or her local agency.  State agencies will need to verify that a person seeking information for an area lives or works in the area.

      The burden estimates for documentation and reporting are discussed in section 6 of this ICR.

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

      5(a)	Federal, State, and Local Government Activities

      Burden to State and Local Agencies and Others

      State and local officials who decide to obtain OCA information must send a written request on their official letterhead to EPA certifying that they are covered persons under P.L. 106-40, and that they will use the information for official use only.  After approving a request, EPA can provide OCA information to state and local officials in one of three ways.  OCA information can be mailed to the requester on a compact disk, the information can be provided via the EPA Central Data Exchange (CDX) system (i.e., over the Internet), or EPA  can provide paper copies of RMPs to  state and local agencies on request.  In addition to submitting the written request to EPA, state and local covered persons who opt to receive OCA information via CDX must also register with EPA for access to CDX. This is a one-time registration requirement for each new CDX user.

      The rule authorizes and encourages state and local agencies to set up public reading rooms.  The local reading rooms would provide read-only access to OCA information for all the sources in the LEPC's jurisdiction and for any source where the vulnerable zone extends into the LEPC's jurisdiction.

      These agencies are not required to carry out these activities.  However the costs and burden are detailed in section 6.

      Burden to the Federal Government

      The federal government is operating the reading rooms.  The federal government is maintaining the VZIS software.  The federal government also supplies the state and local agencies with OCA information, VZIS software and provides technical support.   The government may also engage in other activities to provide access to OCA information.

      5(b)	Collection Methodology and Management

      The federal reading rooms will maintain records of reading room use and certifications in accordance with procedures established by the Administrator and the Attorney General.  These records shall be retained for no more than three years.

      The federal reading room staff will view the photo identification of requestors to ensure that the identification belongs to the person requesting OCA information.   Requiring an individual to show identification may decrease the likelihood that OCA information would be obtained by individuals seeking it for criminal purposes.

      The reading room staff will also view proof of residence and employment to ensure that the requestor only receives access to the local OCA information to which he or she is entitled.  The requirement for signature and self-certification is to prevent individuals from obtaining more than their authorized allotment of national OCA information (10 stationary sources per calendar month).  To further deter individuals from attempting to exceed their allotment by visiting more than one federal reading room in a month, reading room personnel will be instructed to provide access to OCA information only to individuals who have signed a certification that they have not exceeded their allotment.  The certification will inform members of the public that they may be subject to criminal penalties under federal law for falsely certifying that they have not received OCA information for more than 10 stationary sources that month.  The information recorded on sign-in sheets may be used by law enforcement in the event of a duly authorized investigation of a violation of civil or criminal law.  Therefore, these sign-in sheets shall be retained for three years.

      The information collected during telephone calls received by the central office from a requestor of OCA information will enable the central office to schedule an appointment for the requestor at a reading room, relay the requested copies of OCA information to that reading room, and, if necessary, contact the requestor.  This information would not be retained beyond the requestor's appointment date.

      The requests from state and local officials for OCA information would also be retained for three years.

      5(c)	Small Entity Flexibility

      The rule does not require small entities, such as local emergency planning committees or related local government agencies, to provide public access to OCA information, hence no special requirements are needed for small entities.

      5(d)	Collection Schedule

          The information collected at the federal reading rooms occurs only when an individual requests OCA information.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      6(a)	Respondent Burden

      State/Local Agencies

      During the previous ICR period, EPA mailed OCA data CDs to 33 state agencies each year.  These agencies submitted their letter of request for OCA data in the previous years.  Therefore, this ICR will not account for the burden associated with these agencies' requests for OCA data.

       During the previous ICR period, EPA also made OCA data available to some state and local agencies via the EPA Central Data Exchange (CDX), an on-line information exchange system.  In addition to submitting the written request letter required of all covered persons desiring access to OCA data, covered persons who opt to receive OCA data via CDX must also register within that system.  During the previous ICR period, 44 state and local agencies registered for OCA data access via CDX.  This ICR accounts for the burden associated with submitting letters of request and registering within CDX.

      State and local agencies requesting OCA data include members of the State Emergency Response Commission (SERC), environmental protection agencies, emergency management agencies, etc.  EPA expects approximately 50 state and local agencies to submit requests for access to OCA data via CDX for each year covered by this ICR.

      In the ICR developed for the final rule, it was estimated that 1,500 active LEPCs (based on the EPCRA program) would request OCA information from EPA for their own use such as emergency planning and some of these LEPCs may also provide public read-only access.  During the previous ICR, EPA received only 13 requests annually (39 requests for three years) from LEPCs for OCA data.  Therefore, EPA estimates that 15 LEPCs will submit request for OCA data for each year covered by this ICR, and that all of these LEPCs will opt to receive the OCA data via CDX, which will require them to register within that system.

      For purposes of estimating the burden associated with these activities, EPA assumes that a state agency, local agency or LEPC will spend one hour preparing and submitting a request letter, and one hour registering within CDX for on-line access to OCA data.

      EPA contacted a subset of state and local agencies that receive OCA data to determine how many members of the public visited state and local reading rooms over the previous ICR period.  Based on those contacts, EPA found that few members of the public visit state and local agencies for read-only access to OCA data, and that most OCA public visits occur at the reading room operated by EPA Headquarters in Washington, DC.  Therefore, EPA assumes that 200 people will visit state and local reading rooms for OCA data annually.  For each visit by a member of the public, the state and local agencies are assumed to spend two hours providing information to the public (providing read-only access and operating the VZIS).  State and local reading room staff will also spend one hour learning how to handle OCA information securely.

      The 15 LEPCs are also assumed to hold three public meetings in the three years covered by this ICR, which would take eight hours each for preparation and to hold the meeting.  The total burden hours for state and local agencies are estimated to be 715 hours annually (2145 hours for three years) at a cost of $31,246 annually ($93,737 for three years).

      Public (Individuals)

      It is assumed that each member of the public would take approximately one hour to sign-in and certify; call the central office to give his/her name, address, telephone number, names of the stationary sources for which OCA information is requested, display documentation demonstrating proof of residence and employment, and view OCA information for local facilities at a federal reading room.  Based on the information received from federal reading rooms for the last three years, EPA assumes that approximately 300 people may visit the federal reading rooms annually in the three years covered by this ICR.  EPA also estimates that at least 200 people will visit the state and local reading rooms annually in the next three years covered by this ICR. So, we assume a total of 500 people visiting federal, state and local reading rooms annually.

      Additionally, it is assumed that the public will use the vulnerable zone indicator system (VZIS).  In the previous ICR period, the EPA reporting center received about 300 VZIS inquiries annually from the public.  EPA estimates that the Agency will receive approximately the same number of VZIS inquiries from the public for each year covered by this ICR. EPA estimates that it may take approximately one hour for a member of the public to submit a request for the VZIS.  The total burden to the public for signing in at the reading room and VZIS inquiries is estimated to be 800 hours annually (2400 hours over three years) at a cost of $17,608 annually $52,824 for three years).

      6(b)	Estimating Respondent Costs

      To estimate costs for state and local agencies to submit a written request to EPA for OCA information, provide the OCA information to the public and monitor its use, operate the VZIS, and prepare for and hold public meetings, the administrative services managers hourly rate for state government employees of $43.70   was used (Bureau of Labor Statistics Occupational Employment and Wages data, May 2012, table 11-3011).

      The value of the public time is estimated to be at $22.01 per hour, the average wage for all U.S. occupations (Bureau of Labor Statistics data, March 2012).

      6(c)	Estimating Annual Respondent Cost Burden

      Capital and O&M Costs - State, local agencies and the public

      The total annual O&M cost for state and local agencies to mail letters to EPA requesting OCA information is approximately $65.00.

      6(d)	Estimating Costs for the Federal Government

      EPA and DOJ currently operate 55 reading rooms located at federal buildings. Some of the 55 reading rooms have the capability to operate the VZIS.  The EPA Headquarters reading room is operated on a walk-in basis and the others are by appointment only.

      Federal costs were estimated based on activity and the FY 2012 GS wage schedule.  Reading room activities were estimated using a GS-9, step 5; and VZIS operation was estimated at GS-13, step 5. The wages for these staff were loaded with fringe, but no overhead.

      The reading room activities may vary depending on whether it is a reading room with walk-in access or operates the VZIS.  The reading room staff  are expected to take phone calls from the public, schedule appointments for use of the reading rooms, print the requested RMPs, review the identification presented, monitor the use of the RMPs to ensure that they are not mechanically copied, and shred them when the user is finished. Federal reading room staff are assumed to spend two hours performing these activities for each reading room visit by a member of the public.  Reading room staff will also spend one hour learning how to handle OCA information securely.

      EPA will also have to operate the VZIS system and respond to queries.  It was estimated that EPA would spend 15 minutes responding to each query and an equal amount of time answering follow up calls.

      The total labor burden on the federal government is estimated to be 855 hrs annually (2415 hrs for three years) at a cost of  $25,619 annually ( $76,856 for three years).

      O&M Costs

      In the previous ICR, reading rooms were assumed to have a computer, monitor, printer, and shredder.    Reading rooms that operate VZIS may require upgraded computer systems to run the VZIS software.  The cost for the equipment was calculated in previous ICRs.  The equipment was assumed to be depreciated over five years.  So, in this ICR, EPA did not calculate the costs for the equipment.

       The annual cost for VZIS software is $5,400. In addition, reading rooms were assumed to print out copies.  Using a cost of $5.00 for a ream of recycled copy paper, EPA estimates that its annual paper cost is  $1,200, assuming each person visiting a reading room looks at 20 RMPs (10 local and 10 outside the area).

      The combined annual labor and O&M cost is thus estimated to be $32,219.

      6(e)	Bottom Line Burden Hours and Costs

      Respondents for this ICR are state and local officials requesting OCA data from EPA and the members of the public visiting reading rooms and making inquiries on the VZIS. The total number of annual respondents is 865, of which 800 are Private Individuals and 65 are state/local governments.

      The annualized cost burden for respondents during the time period covered by this ICR is estimated to be 1,515 hours at a cost of $48,854.  O&M costs total $65.

      6(f)	Reasons for Change in Burden

      There is a decrease in burden and costs from the previous ICR due to updated information indicating that  fewer people are visiting the reading rooms to obtain OCA data, therefore reducing the burden on federal, state and local agencies to provide the data.  The costs have been adjusted to the most current wage rates from BLS.

      6(g)	Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average approximately 2 hours per response. 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 comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2003-0073, which is available for online viewing at www.regulations.gov, or in person viewing at the Air Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OAR-2003-0073 and OMB Control Number 2050-0172 in any correspondence.

                                   Exhibit 1

                   STATE AND LOCAL AGENCIES BURDEN AND COSTS

                                  Annualized
                                  Three-Year

                                   65 Respondents

                                        Hours

                                       Dollars

                                        Hours

                                       Dollars

                                                                   Reading Room

                                        400
                                       $17,480

                                       1,200
                                      $52,440

                                                         Covered Person Request

                                        130
                                       $5,681

                                       390
                                      $17,043

                                                                 Public Meeting
                                         120
                                       $5,244

                                         360
                                      $15,732
                                                       Train Reading Room Staff
                                         65
                                       $2,841
                                         195
                                       $8,522

                                                                          Total
                                        715
                                       $31,246
                                       2,145
                                      $93,737

                                   Exhibit 2

                            PUBLIC BURDEN AND COSTS

                                  Annualized
                                  Three-Year
                                800 Respondents

                                        Hours

                                       Dollars

                                        Hours

                                       Dollars

                                                                   Reading Room
                                        500
           $11,005

                                       1,500
      $33,015

                                                                           VZIS
                                         300

                                       $6,603
                                         900

                                      $19,809

                                                                          Total
                                        800
                                      $17,608
                                        2400

      $52,824


[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Notices]
[Page 60117]
[FR Doc No: 2019-24314]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-10724; 34-87449; File No. 265-32]

SEC Small Business Capital Formation Advisory Committee

AGENCY: Securities and Exchange Commission.

ACTION: Notice of meeting.

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

SUMMARY: The Securities and Exchange Commission Small Business Capital
Formation Advisory Committee, established pursuant to Section 40 of the
Securities Exchange Act of 1934 as added by the SEC Small Business
Advocate Act of 2016, is providing notice that it will hold a public
meeting. The public is invited to submit written statements to the
Committee.

DATES: The meeting will be held on Tuesday, November 12, 2019, from
9:30 a.m. to 3:30 p.m. (ET) and will be open to the public. Seating
will be on a first-come, first-served basis. Written statements should
be received on or before November 12, 2019.

ADDRESSES: The meeting will be held at the Commission's headquarters,
100 F Street NE, Washington, DC. The meeting will be webcast on the
Commission's website at www.sec.gov. Written statements may be
submitted by any of the following methods:

Electronic Statements

     Use the Commission's internet submission form (http://www.sec.gov/rules/other.shtml); or
     Send an email message to<EMAIL_ADDRESS>Please
include File Number 265-32 on the subject line; or

Paper Statements

     Send paper statements to Vanessa A. Countryman, Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.

All submissions should refer to File No. 265-32. This file number
should be included on the subject line if email is used. To help us
process and review your statement more efficiently, please use only one
method. The Commission will post all statements on the SEC's website at
www.sec.gov.
    Statements also will be available for website viewing and printing
in the Commission's Public Reference Room, 100 F Street NE, Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. (ET). All statements received will be posted without change;
we do not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly.

FOR FURTHER INFORMATION CONTACT: Julie Z. Davis, Senior Special
Counsel, Office of the Advocate for Small Business Capital Formation,
at<PHONE_NUMBER>, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public.
Persons needing special accommodations because of a disability should
notify the contact person listed in the section above entitled FOR
FURTHER INFORMATION CONTACT. The agenda for the meeting includes
matters relating to rules and regulations affecting small and emerging
companies under the federal securities laws.

    Dated: November 4, 2019.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2019-24314 Filed 11-6-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[CORRECTIONS]
[Page 3916]
[DOCID:fr26ja07-183]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[Docket No. OW-2004-0001; FRL-8261-7]
RIN 2040-AD93

Unregulated Contaminant Monitoring Regulation (UCMR) for Public
Water Systems Revisions

Correction

    In rule document E6-22123 beginning on page 368 in the issue of
Thursday, January 4, 2007 make the following corrections:

Sec.  141.40  [Corrected]

    1. On page 394, in Sec.  141.40(a)(3), in Table 1, under the
heading ``Nitrosamines'', the table is corrected starting with the
sixth row to read as follows:

                                                             Table 1.--UCMR Contaminant List
                                                    [List 2: Screening Survey Chemical Contaminants]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          2--CAS                                                                                6--Period during which
           1--Contaminant                registry      3--Analytical methods     4--Minimum reporting     5--Sampling location       monitoring to be
                                          number                \a\                   level \b\                   \c\                   completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Nitrosamines
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * *
N-nitrosopyrrolidine (NPYR).........        930-55-2  EPA 521 \h\............  0.002 [mu]g/L..........  DSMRT and EPTDS........      1/1/2008-12/31/2010
--------------------------------------------------------------------------------------------------------------------------------------------------------

                               [List 3: Pre-Screen Testing to be Sampled After Notice of Analytical Methods Availability]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          2--CAS                                                                                6--Period during which
           1--Contaminant                registry      3--Analytical methods     4--Minimum reporting     5--Sampling location       monitoring to be
                                          number                \a\                   level \b\                   \c\                   completed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reserved \i\........................    Reserved \i\  Reserved \i\...........  Reserved \i\...........  Reserved \i\...........             Reserved \i\
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *

[FR Doc. Z6-22123 Filed 1-25-07; 8:45 am]

BILLING CODE 6560-50-P