[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19226-19227]
[FR Doc No: E9-9592]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Cellular, Tissue and Gene Therapies Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.

    Name of Committee: Cellular, Tissue and Gene Therapies Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on May 14, 2009, from 8
a.m. to approximately 6 p.m. and on May 15, 2009, from 8 a.m. to
approximately 1 pm.
    Location: Hilton Hotel, Grand Ballroom, 620 Perry Pkwy.,
Gaithersburg, MD.
    Contact Person: Gail Dapolito or Danielle Cubbage, Food and Drug
Administration, 1401 Rockville Pike (HFM-71), Rockville, MD, 301-
827-0314, or FDA Advisory Committee Information Line, 1-800-741-8138
(301-443-0572 in the Washington, DC area), code<PHONE_NUMBER>. Please
call the Information Line for up-to-date information on this
meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: On May 14 in the morning, in open session, the Committee
will discuss the potential for Chlamydia trachomatis and Neisseria
gonorrhea transmission by human cells, tissues, and cellular and
tissue-based

products (HCT/Ps) that are recovered from the reproductive system or
gestational tissues (e.g., amnionic membrane and placenta, cells
recovered from menstrual blood, foreskin, placental/umbilical cord
blood derived cell products), or other sources. In the afternoon, in
open session, the Committee will discuss animal models for porcine
xenotransplantation products intended to treat Type 1 diabetes or
acute liver failure. On May 15, in open session, the Committee will:
(1) Receive an update on Guidance documents from the Office of
Cellular, Tissue and Gene Therapies, Center for Biologics Evaluation
and Research and the Center for Veterinary Medicine and (2) discuss
clinical issues related to the FDA draft guidance ``Preparation of
IDEs and INDs for Products Intended to Repair or Replace Knee
Cartilage.''
    FDA intends to make background material available to the public
no later than 2 business days before the meeting. If FDA is unable
to post the background material on its Web site prior to the
meeting, the background material will be made publicly available at
the location of the advisory committee meeting, and the background
material will be posted on FDA's Web site after the meeting.
Background material is available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on the year 2009 and scroll down to the
appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
May 7, 2009. Oral presentations from the public will be scheduled on
May 14 between approximately 11 a.m. and 11:20 a.m. and between
approximately 2 p.m. and 2:20 p.m. and on May 15 between
approximately 10 a.m. and 10:20 a.m. Those desiring to make formal
oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments
they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before May 6, 2009. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public
hearing session. The contact person will notify interested persons
regarding their request to speak by May 7, 2009.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to
electrical outlets.
    FDA welcomes the attendance of the public at its advisory
committee meetings and will make every effort to accommodate persons
with physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Gail Dapolito at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory
committee meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/default.htm for procedures on public conduct during
advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: April 17, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-9592 Filed 4-27-09; 8:45 am]
BILLING CODE 4160-01-S


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Municipal Waste Combustors ( 40 CFR part 60, subparts Ea and Eb)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Municipal Waste Combustors ( 40 CFR part 60, subparts Ea and Eb) ( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for subpart Ea and subpart Eb were proposed on December 20, 1980, and September 20, 1994 ( respectively) and promulgated on February 11, 1991, and December 19, 1995 ( respectively). Municipal waste combustor ( MWC) facilities which commenced construction after December 20, 1989, and on or before September 20, 1994, or commenced modification or reconstruction after December 20, 1989, and on or before June 19, 1996, are subject to the regulations in 40 CFR part 60, subpart Ea. MWC facilities which commenced construction after September 20, 1994, or commenced modification or reconstruction after June 19, 1996, are subject to the regulations in 40 CFR part 60, subpart Eb. This information is being collected to assure compliance with 40 CFR part 60, subparts Ea and Eb.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners or operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any start up, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications and records are essential in determining compliance, and are required of all sources subject to the NSPS.

Owners or operators subject to the provisions of subpart Ea will maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. Any owner or operator subject to the provisions of subpart Eb will maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. In addition, annual compliance reports are required for respondents ( i. e., sources), along with semiannual reports of excess emissions, and quarterly reports for both subparts Ea and Eb.

Based on our consultations with industry representatives, there is an average of twelve sources that are subject to subparts Ea and Eb. There are seven sources that are subject to Ea, and it is estimated that no additional sources will become subject to the regulation in the next three years, since the latest applicability date was June 19, 1996. It is further assumed that there are two affected facilities per plant per respondent ( i. e., the owner or operator of the plant site). 2 The remaining five sources are subject to subpart Eb, and it is estimated that one additional source per year will become subject to the standard over the next three years. It is further assumed that there is an average of two affected facilities per plant. The average annual cost to industry over the next three years of this Information Collection Request ( ICR) is estimated at $ 1,476,293 ( rounded).

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.

The Office of Management and Budget ( OMB) approved the current Information Collection Request ( ICR) without any " Terms of Clearance."

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/ 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 3 ( G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, organic, acid gas, and nitrogen oxide emissions from MWCs 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, subparts Ea and Eb.

2( b) Practical Utility/ Users of the Data The recordkeeping and reporting requirements in the standards ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility's initial capability to comply with the emission standards. Continuous emission monitors are used to ensure compliance with the standards at all times. During the performance test a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

The notifications required in the standards 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 standards are being met. The performance test may also be observed.

The required quarterly/ semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/ maintenance procedures and for compliance determinations.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subparts Ea and Eb.

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. 4 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 69 FR 55430) on September 14, 2004. No comments were received on the burden published in the Federal Register.

3( c) Consultations For this information collection, we referenced the most recent ICR, consulted with the preparer of the active ICR, and used several different resources to obtain the most recent data available for municipal waste combustors. We accessed the most recent data ( October 18, 2004) available on the Air Facility System ( AFS) databases as maintained by the Office of Compliance. We reviewed information available from the United States Census Bureau, and other websites covering municipal waste combustors. We consulted with the EPA's Office of Air Quality Planning and Standards, Information Transfer, the Program Integration Division, and Integrated Waste Service Association, Ms. Maria Zanes, ( 202) 467 6240.

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 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 frequent, 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 part 1320, section 1320.5.

These standards require the respondents to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five year record's retention requirement is consistent the Part 70 permit program and the five year statute of limitations on which the permit program is based. Also, the retention of records for five years would allow EPA to establish the compliance history of a source and any pattern of compliance for purposes of determining the appropriate level of enforcement action. Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five years. EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if records were retained for less than five years.

3( f) Confidentiality 5 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 municipal waste combustors. The United States Standard Industrial Classification ( SIC) codes 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, Subparts Ea and Eb)

Air and Water Resource and Solid Waste Management 9511 924110 Refuse Systems ( hazardous waste treatment and disposal) 4953 562211 Refuse Systems ( material recovery facilities) 4953 562920 Refuse Systems ( other nonhazardous waste treatment and disposal) 4953 562219 Refuse Systems ( solid waste combustors and incinerators) 4953 562213 Refuse Systems ( solid waste landfills) 4953 562212 4( b) Information Requested None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5( d)( 2).

( i) Data Items All data in this ICR that are recorded and/ or reported are required by New Source Performance Standards, ( NSPS) for Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb). 6 A source must make the following reports:

Notification Reports Standard Citation by Section Notification of construction/ reconstruction or modification 60.7( a)( 1), 60.59a( a), 60.59b( a), 60.59b( b) and 60.59b( c)

Notification of preconstruction plans and public meeting material 60.59b( a)

Notification of actual startup 60.7( a)( 3), 60.59a( a) and 60.9b( c)

Notification related to siting analysis 60.59b( a)

Notification of initial performance tests 60.8( d)

Notification of initial performance tests results 60.8( a)

Notification of demonstration of continuous monitoring system 60.7( a)( 5)

Notification of physical or operational change 60.7( a)( 4)

Notification related to opacity 60.7( a)( 6) and 60.59b( c)

Reports Report on initial performance test results 60.8( a), 60.59a( c) and 60.59b( f)

Report on public meeting ( notification and transcript) 60.59b( a)( 2) and 60.59b( a)( 3)

Report on responses to public comment 60.59b( a)( 4)

Report on preliminary and final draft materials separation plans 60.59b( a)( 1)

Report on weights of municipal solid waste and other fuels fired 60.59a( b)( 3)

Report on performance tests/ compliance report 60.8( a), 60.59a( e), 60.59a( g) and 60.59b( g)

Report excess emissions 60.59a( f) and 60.59b( h) 7 Reports Report on continuous emission monitoring system ( CEMS) demonstration and test data 60.8( a) and 60.59b( f)

Report of emission levels during annual test ( if necessary) 60.59b( d)

Semiannual report and explanation for excess emissions ( if necessary) 60.59b( d)

Semiannual carbon report for mercury control ( if necessary) 60.59b( d)

A source must keep the following records:

Recordkeeping Initial performance tests and annual performance tests 60.59b( d)

Records of periodic testing for fugitive ash emissions 60.59b( d)

Startup, shutdown, malfunction periods where the continuous monitoring system is inoperative 60.7( b)

Occurrence, duration of interruption in operation 60.7( b)

Records of sources with continuous monitoring systems 60.59a( i)

Results of daily CEMs drift tests and Appendix F accuracy assessment 60.59b( d)

Amounts of sorbent used for mercury ( Hg) control 60.59b( d)

Persons reviewing operating material 60.59a( j) and 60.59b( d)

Records are required to be retained for two years ( subpart Ea) 60.59a( b)

Records are required to be retained for five years ( subpart Eb) 60.59b( d) and 60.59b( e)

Electronic Reporting Currently, respondents are using monitoring equipment that automatically records parameter data, e. g., temperature, pressures drop, leaks and spills of mercury, etc. Although personnel at the affected facility must evaluate the data, this internal automation has significantly reduced the burden associated with monitoring and recordkeeping at the plant site.

Also, regulatory agencies in cooperation with the respondents, continue to create reporting systems to transmit data electronically. However, electronic reporting systems are still 8 not widely used. At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CMS for opacity.

Perform initial performance test, Reference Method 19 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

Perform site selection analysis.

Hold public meeting on site analysis and material separation plan.

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. 9 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 and the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into 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 40 CFR, part 60, subpart Ea must be retained by the owner or operator for two years, and for 40 CFR part 60, subpart Eb the records must be retained by the owner or operator for five years.

The five year retention of records applies to owner or operator of an air curtain incinerator with the capacity to combust greater than 250 tons of municipal solid waste per day that maintains records of results of the initial opacity performance test and subsequent performance tests.

5( c) Small Entity Flexibility A majority of the respondents 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 10 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: Annual Industry Burden for NSPS for Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb).

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 subparts included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of a burden 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 20,421 ( 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%) 11 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.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The types of industry cost associated with the information collection activities in the subject standards 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 cost when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitors 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/ Startu p Cost for One Respondent ( C) Number of New Respondents ( D) Total Capital/ Startu p 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)

CEMs for subpart Ea $ 60,000 0 $ 0 $ 8,972 7 $ 62,80 4 CEMs for subpart Eb $ 60,000 1 $ 60,000 $ 8,972 4 $ 35,88 8 Total for subparts Ea and Eb   $ 60,000   $ 98,69 2 The total capital/ startup costs for this ICR are $ 60,000. 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 $ 99,000 ( 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 $ 159,000. This cost is shown on the OMB 83 I form in block 14( c), Total 12 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. 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 $ 31,069. 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 Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb), attached.

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately ten respondents are currently subject to the standard. It is estimated that an additional one source per year under subpart Eb will become subject to the standard in the next three years. The average number of respondents per year is, therefore: 1) Subpart Ea  7 existing, and zero new; and 2) Subpart Eb  4 existing, and one new. The average number of existing respondents per year is 11, with one new for a total of 12 sources. This is illustrated below.

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 ( 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) 13 Number of Respondents 1 Ea 0 7 0 0 7 2 Ea 0 7 0 0 7 3 Ea 0 7 0 0 7 1Eb1 1 3 0 0 4 2Eb 1 4 0 0 5 3Eb 1 5 0 0 6 Average 1 11 0 0 12 1 Average number of existing respondents for Subpart Eb is four.

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 twelve. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

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 construction/ reconstruction for Ea 0 0 N/ A 0 Notification of actual startup for Ea 0 0 N/ A 0 Notification of initial performance test for Ea 0 0 N/ A 0 Notification of CMS demonstration for Ea 0 0 N/ A 0 Notification of construction/ reconstruction for Eb 1 1 N/ A 1 Notification of initial performance test for Eb 1 1 N/ A 1 Compliance reports for Ea 7 1 N/ A 7 14 Total Annual Responses Opacity reports for Ea ( no excess emission) 5.6 1 N/ A 5.6 Opacity reports for Ea ( excess emission) 1.4 1 N/ A 1.4 Report of daily weight of municipal solid waste ( MSW) and fuel for Ea 7 4 N/ A 28 Appendix F reports for Ea 7 4 N/ A 28 Initial compliance reports for Eb 1 1 N/ A 1 Annual compliance reports for Eb 4 1 N/ A 4 Semiannual excess emission reports Eb 4 2 N/ A 8 Appendix F quarterly reports for Eb 4 4 N/ A 16 Initial report on site selection analysis for Eb 1 1 N/ A 1 Public meetings and comment responses for Eb 1 1 N/ A 1 Total 102 The number of Total Annual Responses is 103. 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 $ 1,476,293. 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 Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb), attached.

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.

( 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 $ 1,476,293. 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 Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb), attached.

Furthermore, the annual public reporting and recordkeeping burden for this collection of 15 information are estimated to average 198 ( rounded) hours per response.

The total annual capital/ startup and O& M costs to the regulated entity are $ 159,000. 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 785 labor hours at a cost of $ 31,069. See Table 2. Annual Agency Burden and Cost, NSPS for Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb), attached.

6( f) Reasons for Change in Burden Even though there is an increase in the number of sources from eight to twelve from the most recently approved ICR, and an increase in the hourly burden from 11,885 to 20,421, because of the additional sources, there was a decrease in the annual labor cost. This decrease in the labor cost could partly be attributed to combining the emission testing contractor's hourly cost with the labor costs in Table 1, and properly accounted for the reporting requirements in the tables, e. g., three line items under write reports should have been annual reporting instead of quarterly reporting. We have corrected these errors in the renewal package.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information are estimated to average 198 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 16 Docket ID Number OECA 2004 0040, 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 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 ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket 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 NW, Washington, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OECA 2004 0040 and OMB Control Number 2060 0210 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 17 Table 1: Annual Respondent Burden and Cost  NSPS for Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb)

Burden Item ( A) Technical Personhours per Occurrence ( B) Number of Occurrence s Per Respondent Per Year ( C) Technical Person

Hour Per Respondent Per Year ( C= A x B) ( D) Number of Respondents Per Year a ( E) Technical Person

Hour Per Year @$ 64.60 ( E= CxD) b ( F) Management Person

Hour Per Year @$ 95.32 ( Ex0.05) b ( G) Clerical Person

Hour Per Year @

$ 40.09 ( Ex0.1) b ( H) Total Labor Costs Per Year ( I) Emission Testing Contractor Hours Per Occurrence ( J) Emission Testing Contractor Hours Per Respondent Per Year ( J= IxB) ( K) Contractor Person

Hour Per Year ( K= JxD) ( L) Total Contractor Costs Per Year ( L= Kx$ 80) b 1. Applications N/ A N/ A 2. Survey and Studies N/ A N/ A 3. Reporting Requirements A. Read instructions 1 1 1 2 2 0.1 0.2 $ 146.75 1 1 2 $ 160.00 B. Required activities Initial performance test for Eb 24 1 24 1 24 1.2 2.4 $ 1,761.00 1,053 i 1,053 1,053 $ 84,240.00 Repeat performance test for Eb 24 1 24 0.2c 4.8 0.24 0.48 $ 352.20 1,053 i 1,053 210.6 $ 16,848.00 Demonstration/ CEMs for Eb 24 1 24 1 24 1.2 2.4 $ 1,761.00 470 470 470 $ 37,600.00 Repeat CEM demonstration Eb 24 1 24 0.2d 4.8 0.24 0.48 $ 352.20 470 470 94 $ 7,520.00 Annual compliance test for Ea 24 1 24 7e 168 8.4 16.8 $ 12,327.00 826 j 826 5,782 $ 462,560.00 Annual compliance test for Eb 24 1 24 4 f 96 4.8 9.6 $ 7,044.00 1,053 1,053 4,212 $ 336,960.00 Appendix F audit for Ea (

insitu 125 8 1,000 0 0 0 0 $ 0 0 0 0 $ 0 Appendix F audit for Ea ( extractive) 36 8 288 0 0 0 0 $ 0 0 0 0 $ 0 C. Create Information Included in 3B D. Gather information Included in 3B E. Write Report Notification of construction/

reconstruction for Ea 2 1 2 0 0 0 0 $ 0 0 0 0 $ 0 Notification of actual startup  Ea 2 1 2 0 0 0 0 $ 0 0 0 0 $ 0 Notification of initial performance test  Ea 2 1 2 0 0 0 0 $ 0 0 0 0 $ 0 Notification of CMS demonstration for Ea 2 1 2 0 0 0 0 $ 0 0 0 0 $ 0 Notification of construction/

reconstruction for Eb 2 1 2 1 2 0.1 0.2 $ 146.75 0 0 0 $ 0 18 Burden Item ( A) Technical Personhours per Occurrence ( B) Number of Occurrence s Per Respondent Per Year ( C) Technical Person

Hour Per Respondent Per Year ( C= A x B) ( D) Number of Respondents Per Year a ( E) Technical Person

Hour Per Year @$ 64.60 ( E= CxD) b ( F) Management Person

Hour Per Year @$ 95.32 ( Ex0.05) b ( G) Clerical Person

Hour Per Year @

$ 40.09 ( Ex0.1) b ( H) Total Labor Costs Per Year ( I) Emission Testing Contractor Hours Per Occurrence ( J) Emission Testing Contractor Hours Per Respondent Per Year ( J= IxB) ( K) Contractor Person

Hour Per Year ( K= JxD) ( L) Total Contractor Costs Per Year ( L= Kx$ 80) b Notification of initial performance test  Eb 2 1 2 1 2 0.1 0.2 $ 146.75 0 0 0 $ 0 Annual compliance reports for Ea 16 1 16 7 112 5.6 11.2 $ 8,218.00 0 0 0 $ 0 Annual opacity reports of no excess emission for Ea 8 1 8 5.6 g 44.8 2.24 4.48 $ 3,287.20 0 0 0 $ 0 Annual opacity report of excess emission for Ea 16 1 16 1.4 h 22.4 1.12 2.24 $ 1,643.60 0 0 0 $ 0 Report of daily weight of MSW and fuel for Ea 34 4 136 7 952 47.6 95.2 $ 53,145.40 0 0 0 $ 0 Appendix F reports for Ea 11 4 44 7 308 15.4 30.8 $ 21,131.57 0 0 0 $ 0 Initial compliance report for Eb 40 1 40 4 160 8 16 $ 11,740.00 0 0 0 $ 0 Annual compliance report for Eb 40 1 40 4 160 8 16 $ 11,740.00 0 0 0 $ 0 Semiannual excess emission report Eb 17 2 34 4 136 6.8 13.6 $ 9,979.00 0 0 0 $ 0 Appendix F reports for Eb 11 4 44 4 176 8.8 17.6 $ 12,914.00 0 0 0 $ 0 Initial site selection analysis/ report for Eb 270 1 270 4 1,080 54 108 $ 79,245.00 0 0 0 $ 0 Public meeting and comment response for Eb 140 1 140 4 560 28 56 $ 41,090.00 0 0 0 $ 0 4. Recordkeeping Requirements A. Read instructions Included in 3A B. Plan Activities Plan activities for Ea Included in 4E Plan activities for Eb Included in 4E C. Implement activities for Eb Included in 4E D. Develop Record System Included in 19 Burden Item ( A) Technical Personhours per Occurrence ( B) Number of Occurrence s Per Respondent Per Year ( C) Technical Person

Hour Per Respondent Per Year ( C= A x B) ( D) Number of Respondents Per Year a ( E) Technical Person

Hour Per Year @$ 64.60 ( E= CxD) b ( F) Management Person

Hour Per Year @$ 95.32 ( Ex0.05) b ( G) Clerical Person

Hour Per Year @

$ 40.09 ( Ex0.1) b ( H) Total Labor Costs Per Year ( I) Emission Testing Contractor Hours Per Occurrence ( J) Emission Testing Contractor Hours Per Respondent Per Year ( J= IxB) ( K) Contractor Person

Hour Per Year ( K= JxD) ( L) Total Contractor Costs Per Year ( L= Kx$ 80) b 4E E. Time to enter information Record of startup/ shutdown/

malfunction for Ea 1.5 104 156 7 1,092 54.6 109.2 $ 80,125.50 0 0 0 $ 0 Record emission measurements 1.5 104 156 7 1,092 54.6 109.2 $ 80,125.50 0 0 0 $ 0 Record of employee review of operation for Ea 4 2 8 7 56 2.8 5.6 $ 4,109.00 0 0 0 $ 0 Record of startup/ shutdown/

malfunction for Eb 1.5 94 141 4 564 28.2 56.4 $ 41,383.50 0 0 0 $ 0 Record of emission rates, and computation tests for Eb 1.5 94 141 4 564 28.2 56.4 $ 41,383.50 0 0 0 $ 0 Record of employee review of operation for Eb 4 2 8 4 32 1.6 3.2 $ 2,348.00 0 0 0 $ 0 Record of amount of sorbent for Hg control for Eb 0.1 94 9.4 4 37.6 1.88 3.76 $ 2,758.90 0 0 0 $ 0 F. Time to train personnel Included in 4E G. Time for audits Included in 3E SUBTOTAL LABOR BURDEN AND COST 7,476.4 373.82 747.64 $ 530,405.32 11,823.6 $ 945,888.00 Labor Hours ( E+ F+ G) 8,597.86 Labor Cost $ 530,405.32 TOTAL LABOR BURDEN & COST Contractor Labor Hours 11,823.6 Contractor Labor Cost $ 945,888.00 Total Hours ( rounded) 20,421 Total Cost ( rounded) $ 1,476,293 ASSUMPTIONS:

a We have estimated that an average of 12 sources are subject to subparts Ea and Eb. Seven of these sources are currently subject to subpart Ea, with no additional sources becoming subject to the regulation in the next three years. The remaining five sources are subject to subpart Eb ( 4 existing and 1 new). We have assumed that one additional source per year will become subject to the standard over the next three years. It is further assumed that there is an average of two affected facilities per plant per respondent. 20 b Assume that all tasks are to be performed by managerial, technical and clerical personnel. This ICR uses the following labor rates: $ 95.32 for Managerial labor, $ 64.60 for Technical labor and $ 40.09 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 have been increased by 110% to account for the benefit packages available to those employed by private industry. We have also included contractors' rate at $ 80.00 per hour.

c It is estimated that 20 percent of respondents will repeat performance test for Eb.

d It is assumed that 20 percent of the respondents will repeat CEM demonstration activity for Eb.

e Assume that seven respondents for subpart Ea will have to complete an annual compliance test.

f Assume that four respondents for subpart Eb will have to complete an annual compliance test.

g It is assumed that 80 percent of respondents will file an opacity report of no excess emission for Ea.

h It is assumed that 20 percent of respondents will file an opacity report of excess emission for Ea.

i Assumed that it will take an emission testing contractor 1,053 hours to perform both initial performance test and repeat performance test for subpart Eb.

j Assumed that it will take an emission testing contractor 826 hours to complete an annual compliance test for Eb. 21 TABLE 2: Average Annual EPA Burden  NSPS for Municipal Waste Combustors ( 40 CFR Part 60, Subparts Ea and Eb)

BURDEN ITEMS ( A) Technical Person Hours Per Occurrences ( B) Number of Occurrence Per Year ( C) Technical Person Hours Per Plant Per Year ( C= AxB) ( D) Plants Per Year ( 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 Year a Activity Initial performance tests for Ea 180 1 180 0 0 0 0 $ 0 Review report of initial performance test for Ea 24 1 24 0 0 0 0 $ 0 Repeat performance test for Ea 12 1 12 0 0 0 0 $ 0 Repeat performance test for Eb 12 1 12 0.2c 2.4 0.12 0.24 $ 109.17 Report Review for Ea  notification of construction 2 1 2 0 0 0 0 $ 0  notification of actual startup 2 1 2 0 0 0 0 $ 0  notification of initial test 2 1 2 0 0 0 0 $ 0  notification of CMS demonstration 12 1 12 0 0 0 0 $ 0 Review of CEMS demonstration for Ea 96 1 96 0 0 0 0 $ 0 Report Review for Eb  notification of construction 2 1 2 1b 2 0.1 0.2 $ 90.98  notification of actual startup 2 1 2 1b 2 0.1 0.2 $ 90.98  notification of initial performance test 8 1 8 1b 8 0.4 0.8 $ 363.90  notification of CEMS demonstration 5 1 5 1b 5 0.25 0.5 $ 227.45 Review CEMS demonstration for Eb 40 1 40 1b 40 2 4 $ 1,819.52 Review excess emission reports for Ea  no excess emission report 8 1 8 5.6e 44.8 2.24 4.48 $ 2,037.87  excess emission report 2 1 2 1.4 f 2.8 0.14 0.28 $ 127.67 Review semiannual excess emission reports for Eb 12 2 24 4g 96 4.8 9.6 $ 4,366.85 Review quarterly appendix F reports for Ea 0.5 4 2 7h 14 0.7 1.4 $ 636.83 Review quarterly compliance report for Ea 8 4 32 7h 224 11.2 22.4 $ 10,189.31 Review annual compliance reports for Eb 5 1 5 4i 20 1 2 $ 909.76 Review annual compliance tests for Ea 18j 1 18 7 126 6.3 12.6 $ 5,731.49 Review siting requirements study for Eb 24 1 24 4 k 96 4.8 9.6 $ 4,366.85 22 Subtotal 683 34.15 68.3 $ 31,068.63 TOTAL LABOR BURDEN and COST ( rounded) 785 $ 31,069 Assumptions:

a 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.

b It is estimated that one new source per year over the next three years would be subject to subpart Eb.

c It is estimated that 20 percent of respondents are required to perform retest preparations for subpart Eb.

d It is assumed that 20 percent of respondents will have to perform retest observance for Eb.

e It is assumed that 80 percent of respondents will review reports for no excess emission for subpart Ea.

f It is also assumed that 20 percent of respondents will review reports for excess emission for subpart Ea.

g Assumed that four respondents that are subject to subpart Eb will review semiannual excess emission reports.

h It is assumed that all seven respondents that are currently subject to subpart Ea will have to review quarterly reports.

i Assumed that all four respondents that are subject to subpart Eb will have to review annual compliance reports.

j We have assumed that it will take 18 hours to review the annual compliance test for Ea.

k All of the four respondents that are subject to subpart Eb will have to review the siting requirement's study.


[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52123-52126]
[FR Doc No: 2018-22140]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0366; Product Identifier 2017-NM-166-AD; Amendment
39-19448; AD 2018-20-14]
RIN 2120-AA64

Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes.
This AD was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are necessary.
This AD requires revising the maintenance or inspection program, as
applicable, to incorporate new and/or more restrictive maintenance
requirements and airworthiness limitations. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective November 20, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 20,
2018.

ADDRESSES: For service information identified in this final rule,
contact ATR-GIE Avions de Transport R[eacute]gional, 1, All[eacute]e
Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62
21; fax +33 (0) 5 62 21 67 18; email aircraft.com">[email protected]aircraft.com; internet http://www.atr-aircraft.com. You may view this
service information at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0366.

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-2018-
0366; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, 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: Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-500 airplanes. The NPRM published
in the Federal Register on May 8, 2018 (83 FR 20748). The NPRM was
prompted by a determination that more restrictive maintenance
requirements and airworthiness limitations are necessary. The NPRM
proposed to require revising the maintenance or inspection program, as
applicable, to incorporate new and/or more restrictive maintenance
requirements and airworthiness limitations.
    We are issuing this AD to address reduced structural integrity of
the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0222R1, dated December 15, 2017 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-500 airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance
requirements (CMR) for ATR aeroplanes, which are approved by EASA,
are currently defined and published in the ATR42-400/-500 Time
Limits (TL) document. These instructions have been identified as
mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an
unsafe condition [i.e., reduced structural integrity of the
airplane].
    Consequently, ATR published Revision 11 Temporary revision 01 of
the ATR42-400/ -500 TL document, which contains new and/or more
restrictive CMRs and airworthiness limitations tasks.
    For the reasons described above, this [EASA] AD requires
accomplishment of the actions specified in the ATR42-400/-500 TL
document Revision 11 Temporary revision

01, hereafter referred to as `the TLD' in this [EASA] AD.
    This [EASA] AD, in conjunction with two other [EASA] ADs related
to ATR42-200/ -300/-320 (EASA AD 2017-0221) and ATR72-101/-102/-201/
-202/-211/-212/ -212A (EASA AD 2017-0223) aeroplanes, retains the
requirements of EASA AD 2009-0242 [which corresponds to FAA AD 2008-
04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009)] and
EASA AD 2012-0193 [which corresponds to FAA AD 2015-26-09, Amendment
39-18357 (81 FR 1483, January 13, 2016)]. Once all these three
[EASA] ADs are effective, EASA will cancel EASA AD 2009-0242 and
EASA AD 2012-0193.
    This [EASA] AD is revised to provide the correct issue date (03
May 2017) of the TLD. The original [EASA] AD inadvertently
referenced the EASA approval date for that document.

    The required actions include revising the maintenance or inspection
program, as applicable, to incorporate new and/or more restrictive
maintenance requirements and airworthiness limitations. The unsafe
condition is reduced structural integrity of the airplane.
    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0366.

Comments

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

Request To Refer to Revised Service Information

    Empire Airlines requested that paragraphs (g) and (h) of the
proposed AD be revised to refer to ATR ATR42-400/-500 Time Limits
Temporary Revision TR02/17, dated October 2, 2017 (``TR02/17'') instead
of ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, dated May
3, 2017 (``TR01/17''). The commenter stated that TR02/17 includes the
information in TR01/17.
    We do not agree with the commenter's request; however, we do
acknowledge that TR02/17 has been issued. The intent of TR02/17 is to
incorporate changes due to ATR42 Modification 7474, which relates to
upgraded avionics and is not related to the requirements of this AD.
The intent of TR01/17 is to incorporate missing certification
maintenance requirements related to the air distribution system and
cabin pressure and control monitoring. We have not changed this AD in
regard to this issue.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    ATR-GIE Avions de Transport R[eacute]gional has issued ATR42-400/-
500, Time Limits Document (TL), Revision 11, dated May 5, 2015. This
service information describes life limits and maintenance requirements
for the affected airplanes.
    ATR-GIE Avions de Transport R[eacute]gional has also issued ATR42-
400/ -500 Time Limits Temporary Revision TR01/17, dated May 3, 2017, to
the ATR ATR42-400/-500 Time Limits Document (TL). This service
information describes changes to life limits and maintenance
requirements of certain tasks for the affected airplanes.
    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 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although this
figure may vary from operator to operator. In the past, we have
estimated that this action takes 1 work-hour per airplane. Since
operators incorporate maintenance or inspection program changes for
their affected fleet(s), we have determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, we
estimate the total cost per operator to be $7,650 (90 work-hours x $85
per work-hour).

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

Regulatory Findings

    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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

2018-20-14 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-19448; Docket No. FAA-2018-0366; Product Identifier 2017-NM-166-
AD.

(a) Effective Date

    This AD is effective November 20, 2018.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1), (b)(2),
and (b)(3) of this AD.
    (1) AD 2000-23-04 R1, Amendment 39-12174 (66 FR 19381, April 16,
2001) (``AD 2000-23-04 R1'').
    (2) AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November
3, 2009) (``AD 2008-04-19 R1'').
    (3) AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13,
2016) (``AD 2015-26-09'').

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional
Model ATR42-500 airplanes, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness dated on or before May 3, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that more restrictive
maintenance requirements and airworthiness limitations are
necessary. We are issuing this AD to prevent reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in ATR ATR42-400/ -500, Time Limits Document
(TL), Revision 11, dated May 5, 2015; and ATR ATR42-400/-500 Time
Limits Temporary Revision TR01/17, dated May 3, 2017. The initial
compliance time for accomplishing the tasks is at the applicable
times specified in ATR ATR42-400/-500, Time Limits Document (TL),
Revision 11, dated May 5, 2015; and ATR ATR42-400/-500 Time Limits
Temporary Revision TR01/17, dated May 3, 2017; or within 90 days
after the effective date of this AD; whichever occurs later, except
for those certification maintenance requirements (CMRs) tasks
identified in figure 1 to paragraphs (g) and (h) of this AD.
[GRAPHIC] [TIFF OMITTED] TR16OC18.002

(h) Initial Compliance Times for Certain CMR Tasks

    For the CMR tasks listed in figure 1 to paragraphs (g) and (h)
of this AD, the initial compliance time for accomplishing the tasks
is at the applicable time specified in ATR ATR42-400/-500 Time
Limits Temporary Revision TR01/17, dated May 3, 2017; or within the
compliance time specified in figure 1 to paragraphs (g) and (h) of
this AD; whichever occurs later.

(i) No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program, as applicable, has
been revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and/or CDCCLs may be used
unless the actions, intervals, and/or CDCCLs are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (k)(1) of this AD.

(j) Terminating Action for Certain ADs

    Accomplishing the actions required by paragraph (g) of this AD
terminates all requirements of AD 2000-23-04 R1 and all requirements
of the ADs specified in paragraphs (j)(1) and (j)(2) of this AD for
ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500
airplanes only.
    (1) AD 2008-04-19 R1.
    (2) AD 2015-26-09.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or ATR-GIE Avions de Transport
R[eacute]gional's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0222R1, dated December 15, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0366.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Section, Transport

Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) ATR ATR42-400/-500, Time Limits Document (TL), Revision 11,
dated May 5, 2015.
    (ii) ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17,
dated May 3, 2017.
    (3) For service information identified in this AD, contact ATR
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email [email protected]
aircraft.com; internet http://www.atr-aircraft.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) 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 Des Moines, Washington, on September 25, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-22140 Filed 10-15-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3103-3105]
[FR Doc No: 2022-01039]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP21-465-000; CP21-465-001; CP21-465-002]

Driftwood Pipeline LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Line 200 and Line 300
Project, Request for Comments on Environmental Issues, and Schedule for
Environmental Review

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Line 200 and Line 300
Project (Project) involving construction and operation of facilities by
Driftwood Pipeline LLC (Driftwood) in Beauregard and Calcasieu
Parishes, Louisiana. The Commission will use this EIS in its decision-
making process to determine whether the Project is in the public
convenience and necessity. The schedule for preparation of the EIS is
discussed in the Schedule for Environmental Review section of this
notice.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and the EIS section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. To ensure that your
comments are timely and properly recorded, please submit your comments
so that the Commission receives them in Washington, DC on or before
5:00 p.m. Eastern Time on February 14, 2022. Comments may be submitted
in written or oral form. Further details on how to submit comments are
provided in the Public Participation section of this notice.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
    Driftwood provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are four methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at<PHONE_NUMBER> or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-
465-000, -001, -002) on your letter. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    (4) In lieu of sending written comments, the Commission invites you
to attend one of the virtual public scoping session(s) its staff will
conduct by telephone, scheduled as follows:

January 25 & 27, 2022
    January 25, 2022
    5:30 p.m.-7:30 p.m. CST
    Call in number:<PHONE_NUMBER>
    Participant Passcode: 3472916
January 27, 2022
    5:30 p.m.-7:30 p.m. CST
    Call in number:<PHONE_NUMBER>
    Participant Passcode: 3472916

    The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the environmental document. Individual oral comments will
be taken on a one-on-one basis with a court reporter present on the
line. This format is designed to receive the maximum amount of oral
comments, in a convenient way during the timeframe allotted, and is in
response to the ongoing COVID-19 pandemic. No presentation will be
provided, or questions answered during the session. Prospective
commentors are encouraged to review Driftwood's application and
supplemental filings to familiarize themselves with the Project prior
to participating in the meeting. Instruction on how to access
Driftwood's filings are provided in the Additional Information section
of this notice. In addition to providing comments directly to FERC,
parcel-specific questions can be directed to Driftwood at
[email protected].
    Each scoping session is scheduled from 5:30 p.m. to 7:30 p.m. CST.
You may call at any time after 5:30 p.m. at which time you will be
placed on mute

and hold. Calls will be answered in the order they are received. Once
answered, you will have the opportunity to provide your comment
directly to a court reporter with FERC staff or representative present
on the line. A time limit of three minutes will be implemented for each
commentor.
    Transcripts of all comments received during the scoping sessions
will be publicly available on FERC's eLibrary system (see the last page
of this notice for instructions on using eLibrary).
    It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided at a virtual scoping session.
    Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to https://www.ferc.gov/ferc-online/overview to register
for eSubscription.

Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts

    Driftwood proposes to construct and operate dual 42-inch-diameter
natural gas pipelines originating near Ragley in Beauregard Parish,
Louisiana southward to a proposed receiver facility near Carlyss in
Calcasieu Parish, Louisiana. Additional facilities include one new
compressor station, twelve meter stations, six mainline valves, and
other aboveground facilities. The Project would provide a maximum
seasonal capacity of 5.7 billion cubic feet of natural gas per day
(Bcf/d) to the Lake Charles market. According to Driftwood, its Project
would provide enhanced supply access, resilience, and reliability to
the natural gas market in the Lake Charles area.
    The Project would consist of the following facilities:
     Installation of 36.9 miles of 42-inch-diameter pipeline in
Beauregard and Calcasieu Parishes, Louisiana (Line 200);
     installation of 30.8 miles of 42-inch-diameter pipeline in
Beauregard and Calcasieu Parishes, Louisiana (Line 300);
     installation of the new Indian Bayou Compressor Station
(up to 211,200 horsepower) of electric-driven compression in Beauregard
Parish);
     installation of twelve new meter stations in Beauregard
and Calcasieu Parishes;
     installation of a dual receiver facility at the terminus
of Line 200 and Line 300 in Calcasieu Parish; and
     installation of six new mainline valves in Beauregard and
Calcasieu Parishes.
    The general location of the Project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
---------------------------------------------------------------------------

    Based on the environmental information provided by Driftwood,
construction of the proposed facilities would disturb about 894.7 acres
of land for the aboveground facilities and the pipelines. Following
construction, Driftwood would maintain about 410.3 acres for operation
of the Project facilities; the remaining acreage would be restored.
    Based on an initial review of Driftwood's proposal, Commission
staff have identified several expected impacts that deserve attention
in the EIS. The Project would impact 192 waterbodies, 169.6 acres of
wetland, 304.3 acres of agriculture lands, 163.7 acres of forest and
117.3 acres of pine plantation, 84 acres of open land, and additional
residential, industrial, and open lands. In addition to these Project
impacts, landowners along the route may also be affected by
construction and operation of the authorized Louisiana Connector
Project and the Driftwood Project, and other proposed residential, road
improvement, and electric utility projects. A segment of the proposed
route has been identified as a low-income environmental justice
community. Schools, churches, and libraries within these environmental
justice communities, along with known environmental justice
organizations, have been included on the Commission's environmental
mailing list for the project, as further explained in the Environmental
Mailing List section of this notice.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     socioeconomics;
     environmental justice;
     land use;
     air quality and noise; and
     reliability and safety.
    Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
    The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through eLibrary
\2\ and the Commission's natural gas environmental documents web page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant
email notification when the environmental document is issued.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration

    The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\3\ Alternatives currently under consideration include:
---------------------------------------------------------------------------

    \3\ 40 CFR 1508.1(z).
---------------------------------------------------------------------------

     The no-action alternative, meaning the Project is not
implemented;
     the natural gas compression alternative;
     pipeline system alternatives;
     pipeline route alternatives; and
     aboveground facility site alternatives.
    With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact. Please
provide as much detail on any potential reasonable alternative as
possible (e.g., maps, sketches, reasons for the alternative,
comparative impacts to the proposed route) to facilitate the
Commissions review of the alternative.

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
section 106 consultation for the Project with the applicable State
Historic Preservation Office, and other government agencies, interested
Indian tribes, and the public to solicit their views and concerns
regarding the Project's potential effects on historic properties.\4\
The Project EIS will document findings on the impacts on historic
properties and summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Schedule for Environmental Review

    On June 30, 2021, the Commission issued its Notice of Application
for the Project. On October 13, 2021, Driftwood filed a supplement to
its Application consisting of alignment modifications, workspace
adjustments, and the addition and removal of aboveground facilities.
The Commission issued a Notice of Amendment to Application on October
20, 2021 which established docket number CP21-465-001. On October 29,
2021, Driftwood filed a second amendment to its application requesting
an increase in the requested transportation capacity from the
originally proposed nominal capacity of 4.6 billion cubic feet per day
Bcf/d to a nominal capacity of 5.4 Bcf/d, with a maximum seasonal
capacity of 5.7 Bcf/d. The Commission subsequently issued a Notice of
Amendment to Application on November 11, 2021 which established docket
number CP21-465-002.
    Among other things, the Notice of Application alerted other
agencies issuing federal authorizations of the requirement to complete
all necessary reviews and to reach a final decision on the request for
a federal authorization within 90 days of the date of issuance of the
Commission staff's final EIS for the Project. This notice identifies
the Commission staff's planned schedule for completion of the final EIS
for the Project, which is based on an issuance of the draft EIS in May
2022.

Issuance of Notice of Availability of the final EIS--September 15, 2022
90-day Federal Authorization Decision Deadline \5\--December 14, 2022
---------------------------------------------------------------------------

    \5\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. Agencies that would like to request cooperating agency
status should follow the instructions for filing comments provided
under the Public Participation section of this notice.

------------------------------------------------------------------------
                  Agency                               Permit
------------------------------------------------------------------------
FERC......................................  Section 7 of the Natural Gas
                                             Act.
U.S. Army Corps of Engineers..............  Section 404 of the Clean
                                             Water Act.
                                            Section 10 of the Rivers and
                                             Harbors Act of 1899.
U.S. Fish and Wildlife Service............  Section 7 of Endangered
                                             Species Act Consultation.
------------------------------------------------------------------------

Environmental Mailing List

    This notice is being sent to the Commission's current environmental
mailing list for the Project which includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups, including environmental
justice organizations; Native American Tribes; other interested
parties; and local libraries and newspapers. This list also includes
all affected landowners (as defined in the Commission's regulations)
who are potential right-of-way grantors, whose property may be used
temporarily for Project purposes, or who own homes within certain
distances of aboveground facilities, and anyone who submits comments on
the Project and includes a mailing address with their comments.
Commission staff will update the environmental mailing list as the
analysis proceeds to ensure that Commission notices related to this
environmental review are sent to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed Project. State and local government representatives should
notify their constituents of this proposed project and encourage them
to comment on their areas of concern.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to GasProject [email protected] stating your
request. You must include the docket number CP21-465-002 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP21-465). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: January 13, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-01039 Filed 1-19-22; 8:45 am]
BILLING CODE 6717-01-P