[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Page 36810]
[FR Doc No: 2017-16503]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0114]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0062

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting a Reinstatement,
without change, of a previously approved collection for which approval
has expired for the following collection of information: 1625-0062,
Approval of Alterations to Marine Portable Tanks; Approval of Non-
Specification Portable Tanks without change. Our ICR describes the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before October 6,
2017.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2017-0114] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2017-0114], and
must be received by October 6, 2017.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Approval of Alterations to Marine Portable Tanks; Approval
of Non-Specification Portable Tanks.
    OMB Control Number: 1625-0062.
    Summary: The information will be used to evaluate the safety of
proposed alterations to marine portable tanks and non-specification
portable tank designs used to transfer hazardous materials during
offshore operations.
    Need: Approval by the Coast Guard of alterations to marine portable
tanks under 46 CFR part 64 ensures that the altered tank retains the
level of safety to which it was originally designed.
    Forms: Not applicable.
    Respondents: Owners of marine portable tanks and owners/designers
of non-specification portable tanks.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated annual burden remains 18 hours
a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: August 1, 2017.
Marilyn L. Scott-Perez,
U.S. Coast Guard, Chief, Office of Information Management.
[FR Doc. 2017-16503 Filed 8-4-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47641-47643]
[FR Doc No: 2020-17164]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1056; Product Identifier 2018-SW-047-AD; Amendment
39-21193; AD 2020-16-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters (Type Certificate
Previously Held by Eurocopter France) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2009-25-09
for Eurocopter France (now Airbus Helicopters) Model SA330F, G, and J
helicopters. AD 2009-25-09 required re-adjusting the torque of the main
gearbox (MGB) flexible coupling bolts. Since the FAA issued AD 2009-25-
09, Airbus Helicopters has modified the MGB overhaul and repair
procedures, which corrects the unsafe condition. Additionally, the FAA-
validation for Model SA330F and G helicopters has been cancelled. This
new AD retains the requirements of AD 2009-25-09 and revises the
applicability by excluding Model SA330F and G helicopters and excludes
MGBs that have been subject to the modified procedures. The actions of
this AD are intended to address an unsafe condition on these products.

DATES: This AD is effective September 10, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
10, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 29,
2009 (74 FR 66045 December 14, 2009).

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html. You
may view this service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1056.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov in Docket No. FAA-2019-1056; 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 AD, the European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD,
any service information that is incorporated by reference, any comments
received, and other information. The street address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: James Blyn, Aviation Safety Engineer,
Safety Management Section, Rotorcraft Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to remove AD 2009-25-09, Amendment 39-16128 (74 FR 66045,
December 14, 2009) (``AD 2009-25-09'') and add a new AD. AD 2009-25-09
applied to Eurocopter France (now Airbus Helicopters) Model SA330F, G,
and J helicopters. The NPRM published in the Federal Register on
December 20, 2019 (84 FR 70076). AD 2009-25-09 was prompted by EASA AD
No. 2008-0049-E, dated March 3, 2008 and corrected March 7, 2008 (EASA
AD 2008-0049-E), to correct an unsafe condition on Model SA 330 F, G,
and J helicopters. The NPRM proposed to retain the attachment hardware
torque verification and re-adjustment requirements of AD 2009-25-09,
and would revise the applicability paragraph by excluding Model SA330F
and G helicopters and by excluding input flexible coupling flange
assemblies that have been installed in an MGB that has been overhauled
after April 1, 2015.
    The NPRM was prompted by EASA AD No. 2008-0049R1, dated December
18, 2015 (EASA AD 2008-0049R1), issued by EASA, which is the Technical
Agent for the Member States of the European Union, to correct an unsafe
condition for Airbus Helicopters Model SA 330 J helicopters. EASA
advises that since EASA AD 2008-0049-E was issued, Airbus Helicopters
has improved its procedures for assembling the flexible coupling-to-
flanges during MGB overhaul and maintenance of individual flexible
couplings. EASA further states that the improved maintenance procedures
ensure the correct torqueing of the attachment bolts of the flexible
couplings. Because of these improved procedures, EASA AD 2008-0049R1
states that installing a coupling-to-flange assembly that has been
subject to improved maintenance procedures after April 1, 2015, is an
acceptable method to comply with the requirements of that AD. The FAA
agrees with EASA's determination and therefore proposed to change AD
2009-25-09 accordingly.

Comments

    The FAA gave the public the opportunity to participate in
developing this AD, but did not receive any comments on the NPRM.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all information provided by EASA and determining the unsafe
condition exists and is likely to exist or develop on other helicopters
of these same type designs and that air safety and the public interest
require adopting the AD requirements as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Eurocopter Emergency Alert Service Bulletin No.
05.95, dated March 3, 2008, and Airbus Helicopters Emergency Alert
Service Bulletin No. 05.95, Revision 1, dated October 22, 2015, which
specify procedures for readjusting or checking the tightening torque
load of the hardware attaching the flexible coupling to the sliding
coupling flange and the bolts attaching the flexible coupling to the
fixed coupling flange. Revision 1 of this service information excludes
from its applicability certain flexible coupling assemblies that have
undergone the improved procedures.

    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.

Differences Between This AD and the Service Information

    The service information requires contacting the manufacturer
depending on the results of an inspection, but this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 16 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
    Re-adjusting the tightening torque on the flexible coupling-to-
flange attachment bolts takes about 8 work-hours for an estimated cost
of $680 per helicopter and $10,880 for the U.S. fleet.
    For MGB input flexible coupling flange assemblies with more than 75
hours time-in-service, inspecting the tightening torque load on the
flexible coupling-to-flange attachment bolts takes about 10 work-hours
for an estimated cost of $850 per helicopter.
    If required, replacing a damaged flexible coupling takes about 1
work-hour in addition to those required for disassembling and
inspecting the flexible coupling flange assembly and parts cost about
$2,046 for an estimated cost of $2,131 per helicopter.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2009-25-09, Amendment 39-16128
(74 FR 66045, December 14, 2009); and
0
b. Adding the following new AD:

2020-16-09 Airbus Helicopters (Type Certificate Previously Held by
Eurocopter France): Amendment 39-21193; Docket No. FAA-2019-1056;
Product Identifier 2018-SW-047-AD.

(a) Applicability

    This AD applies to Airbus Helicopters (previously Eurocopter
France) Model SA330J helicopters, certificated in any category, with
a main gearbox (MGB) input flexible coupling flange assembly part
number 330A-32937401 installed, that has been modified per MOD
0752416 and MOD 0752419, excluding:
    (1) Assemblies that have been subject to a maintenance scheduled
inspection per Working Card 65.32.601 since new or since a complete
overhaul of the MGB; and
    (2) Assemblies installed on an MGB that has undergone complete
overhaul after April 1, 2015, and that have not been replaced since
the complete overhaul of the MGB.

(b) Unsafe Condition

    This AD defines the unsafe condition as progressive fatigue
failure of the coupling discs, caused by excessive fretting on the
faces and in the bolt holes of the coupling discs. This condition,
if not corrected, could result in loss of the MGB input, loss of the
drive transmission, and subsequent loss of control of the
helicopter.

(c) Affected ADs

    This AD replaces AD 2009-25-09, Amendment 39-16128 (74 FR 66045,
December 14, 2009).

(d) Effective Date

    This AD becomes effective September 10, 2020.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) For MGB input flexible coupling flange assemblies with less
than 50 hours time-in-service (TIS) since new or since a complete
overhaul of the MGB, re-adjust the tightening torque load of the 6
nuts on the flexible coupling-to-flange attachment bolts. Accomplish
this re-adjustment between 50 hours TIS and 75 hours TIS since new
or since a complete overhaul of the MGB in accordance with paragraph
2.B.2.a. of Eurocopter Emergency Alert Service Bulletin No. 05.95,
dated March 3, 2008 (EASB 05.95) or Airbus Helicopters Emergency
Alert Service Bulletin No. 05.95, Revision 1, dated October 22, 2015
(EASB 05.95 Rev 1).
    (2) For MGB input flexible coupling flange assemblies with 50
hours TIS and 75 or less hours TIS since new or since a complete
overhaul of the MGB, either:
    (i) Upon or before reaching 75 hours TIS since new or since a
complete overhaul of the MGB, re-adjust the tightening torque load
of the 6 nuts on the flexible coupling-to-flange attachment bolts in
accordance with paragraph 2.B.2.a. of EASB 05.95 or EASB 05.95 Rev
1; or
    (ii) Upon or before reaching 125 hours TIS since new or since a
complete overhaul of the MGB, inspect the tightening torque load of
the 6 nuts on the flexible coupling-to-flange attachment bolts in
accordance with paragraph 2.B.2.b. of EASB 05.95 or EASB 05.95 Rev
1, except you are not required to contact the manufacturer.
    (3) For MGB input flexible coupling flange assemblies that have
more than 75 hours TIS since new or since a complete overhaul of the
MGB, within the next 50 hours TIS, inspect the tightening torque
load of the 6 nuts on the flexible coupling-to-flange attachment
bolts, in accordance with paragraph 2.B.2.b. of EASB 05.95 Rev 1,
except you are not required to contact the manufacturer.
    (4) Prior to installing an MGB that contains an input flexible
coupling flange assembly that has been modified per MOD 0752416 and
MOD 0752419, you must comply with the provisions of this AD.

 (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve
AMOCs for this AD. Send your proposal to: James Blyn, Aviation
Safety Engineer, Safety Management Section, Rotorcraft Standards
Branch, FAA,

10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or lacking a principal
inspector, the manager of the local flight standards district office
or certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (now European Union Aviation Safety Agency) (EASA) AD No.
2008-0049R1, dated December 18, 2015. You may view the EASA AD on
the internet at https://www.regulations.gov in Docket No. FAA-2019-
1056.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6310, Engine
Transmission Coupling.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 10, 2020.
    (i) Airbus Helicopters Emergency Alert Service Bulletin No.
05.95, Revision 1, dated October 22, 2015.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
December 29, 2009 (74 FR 66045, December 14, 2009).
    (i) Eurocopter Emergency Alert Service Bulletin No. 05.95, dated
March 3, 2008.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html.
    (6) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 23, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-17164 Filed 8-5-20; 8:45 am]
BILLING CODE 4910-13-P


OCPSF Facilities Reporting Discharges of Nitrogen Compounds to PCS for 2002 NPID Name City Total Facility Nitrogen Load % of Total Nitrogen Load for Category Cummulativ e % of Total Nitrogen Load for Category TX0008788 BASF CORPORATION FREEPORT 3,686,334 23.26% 23.26%

VA0005291 Honeywell International Incorp Hopewell 2,583,840 16.30% 39.56%

GA0002160 DSM CHEMICALS AUGUSTA, INC AUGUSTA 2,453,343 15.48% 55.04%

NJ0005100 E I DU PONT DE NEMOURS DEEPWATER 1,934,202 12.20% 67.25%

LA0005347 LYONDELL CHEMICAL LAKE CHARLES 362,123 2.28% 69.53%

LA0004367 CYTEC INDUSTRIES INC. WESTWEGO 348,100 2.20% 71.73%

VA0005312 Honeywell Nylon LLC  Chesterf Chester 294,698 1.86% 73.59%

CT0000086 CYTEC INDUSTRIES INC. WALLINGFORD 286,772 1.81% 75.40%

OH0009946 LANXESS CORPORATION ADDYSTON 270,267 1.71% 77.11%

IL0001392 NOVEON INC HENRY HENRY 267,214 1.69% 78.79%

OH0002615 PCS NITROGEN OHIO, LP LIMA OHIO 248,609 1.57% 80.36%

TX0006084 ROHM & HAAS TEXAS, INCORPORATE DEER PARK 237,697 1.50% 81.86%

VA0004669 E I du Pont de Nemours and Com Richmond 215,915 1.36% 83.22%

SC0042803 CLARIANT CORP/ MARTIN PLANT Martin 192,832 1.22% 84.44%

NC0004375 Clariant Corp Mt Holly E MHE F Charlotte 142,768 0.90% 85.34%

MI0000868 DOW CHEM MIDLAND MIDLAND 127,380 0.80% 86.14%

TX0005070 HUNTSMAN PROPYLENE OXIDE LTD, PORT NECHES 125,424 0.79% 86.94%

TX0006327 E I DUPONT DE NEMOURS ORANGE 114,480 0.72% 87.66%

WV0000086 BAYER CROPSCIENCE INSTITUTE SI INSTITUTE 113,564 0.72% 88.37%

TN0002640 TN OPER. EASTMAN CHEMICAL CO. Kingsport 113,155 0.71% 89.09%

WV0005169 BAYER MATERIALSCIENCE, LLC NEW MARTINSVILLE 106,081 0.67% 89.76%

WV0002399 E I DUPONT DE NEMOURS & CO BELLE 102,978 0.65% 90.41%

AL0003093 CIBA SPECIALTY CHEMICALS CORP MCINTOSH 96,803 0.61% 91.02%

FL0002488 SOLUTIA INC. GONZALEZ 90,690 0.57% 91.59%

KY0003701 ISP CHEMICALS INC CALVERT CITY 87,988 0.56% 92.15%

WV0000094 GE SILICONES LLC FRIENDLY 69,792 0.44% 92.59%

WV0000787 CYTEC INDUSTRIES BELMONT 68,915 0.43% 93.02%

RI0000132 CLARIANT CORPORATION COVENTRY 62,794 0.40% 93.42%

LA0003441 BORDEN CHEMICAL INC  DONALDSO DONALDSONVILLE 54,549 0.34% 93.76%

NC0003573 E I DuPont de Nemours & Co Dup Fayetteville 54,217 0.34% 94.10%

NC0003760 Unifi Kinston LLC Kinston 53,724 0.34% 94.44%

TX0003531 EQUISTAR CHEMICALS, L. P. CHANNELVIEW 52,228 0.33% 94.77%

NY0008605 GE SILICONES WATERFORD FAC WATERFORD 51,937 0.33% 95.10%

LA0005266 MONSANTO CO., AGRI. GROUP LULING 45,480 0.29% 95.39%

NC0000299 BASF CORPORATION  ENKA PLANT ENKA 44,357 0.28% 95.67%

AL0000116 SOLUTIA INC DECATUR 43,533 0.27% 95.94%

SC0001180 ALBEMARLE CORP/ ORANGEBURG Orangeburg 39,990 0.25% 96.19%

AL0000108 BP AMOCO CHEMICAL CO DECATUR 32,665 0.21% 96.40%

FL0002313 AIR PROD & CHEM ESCAM PENSACOL PACE 31,257 0.20% 96.60%

LA0005762 SHELL CHEMICAL LP NORCO 31,054 0.20% 96.79%

SC0002585 INVISTA S. A. R. L./ CAMDEN Lugoff 29,470 0.19% 96.98%

IL0003140 MINN MINING & MFG. CORDOVA CORDOVA 28,500 0.18% 97.16%

NC0000663 DAK Americas LLC Cpe Fear Site Wilmington 25,920 0.16% 97.32%

NC0001112 Arteva Specialities SARL dba K Wilmington 25,782 0.16% 97.48%

TN0068187 LIBERTY FIBERS CORPORATION LOWLAND 25,521 0.16% 97.65%

IL0000621 NATIONAL STARCH AND CHEMICALS MEREDOSIA 25,403 0.16% 97.81%

WV0004588 KOPPERS INDUSTRIES INC FOLLANSBEE 23,436 0.15% 97.95%

LA0007854 ANGUS CHEMICAL COMPANY STERLINGTON 18,064 0.11% 98.07%

SC0003557 HONEYWELL NYLON LLC/ COLUMBIA Columbia 16,738 0.11% 98.17%

SC0036111 3V INC Georgetown 16,717 0.11% 98.28%

LA0005754 SHELL CHEM GEISMAR GEISMAR 16,589 0.10% 98.38%

AL0064351 DAIKIN AMERICA INC DECATUR 16,527 0.10% 98.49%

TX0006025 TICONA POLYMERS, INC. BISHOP 14,640 0.09% 98.58%

NC0004952 CNA Holdings Inc Ticona Fac Shelby 13,879 0.09% 98.67%

MN0001449 3M COTTAGE GROVE COTTAGE GROVE 12,723 0.08% 98.75%

TX0005061 GOODYEAR TIRE & RUBBER CO., TH BEAUMONT 12,368 0.08% 98.83%

RI0000043 BRADFORD DYEING ASSOC., INC. BRADFORD 11,322 0.07% 98.90%

NJ0005045 FERRO CORP BRIDGEPORT 11,238 0.07% 98.97%

NC0005274 Yorkshire Americas Inc Yorkshi Lowell 10,772 0.07% 99.04%

LA0000281 GEISMAR VINYLS CO., LP GEISMAR 8,670 0.05% 99.09%

TX0007048 LUBRIZOL CORPORATION, THE DEER PARK 8,050 0.05% 99.14%

TX0003875 SOLUTIA, INC. AND EQUISTAR CHEM ALVIN 7,465 0.05% 99.19%

SC0002682 CLARIANT LSM ( AMERICA) INC Elgin 7,257 0.05% 99.23%

LA0005291 CROMPTON CORPORATION HARVEY 7,066 0.04% 99.28%

TX0004731 ALBEMARLE CORPORATION PASADENA 6,900 0.04% 99.32%

AL0000205 3M CO DECATUR PLANT DECATUR 6,534 0.04% 99.36%

SC0028584 BP AMOCO CHEMICALS/ COOPER RIVR Wando 6,249 0.04% 99.40%

TX0006017 CELANESE, LTD. BAY CITY 5,952 0.04% 99.44%

GA0001708 GEO SPECIALTY CHEMICALS CEDARTOWN 5,802 0.04% 99.48%

TX0003948 CHEVRON PHILLIPS CHEMICAL COMP BAYTOWN 5,618 0.04% 99.51%

NY0001406 EVANS CHEMETICS WATERLOO 5,265 0.03% 99.55%

LA0104400 CIBA SPECIALTY CHEMICALS CORP ST. GABRIEL 4,415 0.03% 99.57%

SC0026506 DAK AMERICAS LLC/ COOPER RIVER Oakley 3,895 0.02% 99.60%

TX0002933 DOW CHEMICAL COMPANY, ( THE) LA PORTE 3,508 0.02% 99.62%

NY0002470 BUFFALO COLOR CORP BUFFALO 3,488 0.02% 99.64%

TX0004863 SHELL OIL COMPANY DEER PARK 3,216 0.02% 99.66%

WV0004740 CROMPTON CORPORATION MORGANTOWN 3,215 0.02% 99.68%

SC0001783 CELANESE ACETATE LLC/ CELRIVER Rock Hill 3,183 0.02% 99.70%

SC0003441 SUN CHEMICAL CORPORATION Goose Creek 3,150 0.02% 99.72%

AR0035386 EASTMAN CHEMICAL COMPANY, ARKA BATESVILLE 2,850 0.02% 99.74%

PA0070505 GEO SPECIALTY CHEMICALS INC ALLENTOWN 2,820 0.02% 99.76%

LA0007501 DYNEA WINNFIELD PLANT WINNFIELD 2,701 0.02% 99.78%

TX0000949 EASTMAN CHEMICAL COMPANY LONGVIEW 2,406 0.02% 99.79%

TN0002844 ARTIVA SPECIALTIES CHATTANOOGA 2,233 0.01% 99.81%

AL0042447 ATOFINA CHEMICALS INC AXIS 2,103 0.01% 99.82%

TX0089567 HAMPSHIRE CHEMICAL COPORATION DEER PARK 2,076 0.01% 99.83%

IL0001716 MORTON INTERNATIONAL RINGWOOD RINGWOOD 1,983 0.01% 99.84%

TX0089125 EXXON CORPORATION MONT BELVIEU 1,943 0.01% 99.86%

CT0001341 PHARMACIA & UPJOHN CO NORTH HAVEN 1,731 0.01% 99.87%

TX0069493 LYONDELL CHEMICAL COMPANY CHANNELVIEW 1,601 0.01% 99.88%

NY0005801 SCHENECTADY INTERNATIONAL, INC ROTTERDAM JUNCTION 1,594 0.01% 99.89%

NC0001899 Honeywell Intl Inc Moncure NC Moncure 1,570 0.01% 99.90%

VA0002160 INVISTA  Waynesboro Waynesboro 1,447 0.01% 99.91%

NJ0031445 FIRMENICH INCORPORATED PLAINSBORO 1,366 0.01% 99.92%

NJ0005509 SYBRON CHEMICALS INC BIRMINGHAM 1,176 0.01% 99.92%

NC0000892 Dynea US A Inc Moncure 1,058 0.01% 99.93%

IA0000191 US FILTER OPERATING SERVICES  CLINTON 1,047 0.01% 99.94%

NY0068225 ATOCHEM NA ORGANIC GENESEO 921 0.01% 99.94%

TX0124427 SHIN ETSU SILICONES OF AMERICA FREEPORT 792 0.00% 99.95%

TX0059285 ADVANCED AROMATICS, L. P. BAYTOWN 768 0.00% 99.95%

TX0076996 EQUISTAR CHEMICALS, L. P. CORPUS CHRISTI 720 0.00% 99.96%

TX0072320 GEORGIA GULF CHEMICALS & VINYL PASADENA 662 0.00% 99.96%

LA0003336 SASOL NORTH AMERICA, INC. WESTLAKE 600 0.00% 99.96%

AL0002097 HONEYWELL INTERNATIONAL INC FAIRFIELD 543 0.00% 99.97%

TX0005592 HUNTSMAN PETROCHEMICAL CORP. SHOOT, MONTGOMERY CO. 534 0.00% 99.97%

DE0000035 DUPONT SEAFORD PLANT SEAFORD 534 0.00% 99.97%

LA0046361 AIR PRODUCTS & CHEMICALS, INC ST. GABRIEL 524 0.00% 99.98%

AL0003221 KOPPERS INC DOLOMITE 401 0.00% 99.98%

AL0026921 EASTMAN RESINS INC MOUNDVILLE MOUNDVILLE 400 0.00% 99.98%

NC0004944 Arteva Spclt SARL KoSa Salisbu Salisbury 362 0.00% 99.99%

SC0000302 HONEYWELL NYLON LLC/ CLEMSON Central 330 0.00% 99.99%

LA0003689 BASELL USA, INC. WESTLAKE 312 0.00% 99.99%

SC0038229 NATIONAL STARCH & CHEMICAL CO Enoree 285 0.00% 99.99%

FL0002593 STERLING FIBERS, INC. PACE 229 0.00% 99.99%

SC0000914 NUFARM SPECIALTY PRODUCTS INC Lobeco 193 0.00% 99.99%

SC0003581 MILLIKEN/ DEWEY PLANT Inman 159 0.00% 99.99%

TX0106721 VALERO REFINING TEXAS, L. P. MORGAN'S POINT 157 0.00% 100.00%

PA0000507 EASTMAN CHEMICAL RESINS INC WEST ELIZABETH 152 0.00% 100.00%

OH0006769 OCCIDENTAL CHEMICAL KENTON 139 0.00% 100.00%

WV0001112 SUNOCO, INC. ( R & M) KENOVA 105 0.00% 100.00%

WV0002496 RIPPLEWOOD PHOSPHORUS U. S. LLC GALLIPOLIS FERRY 65 0.00% 100.00%

MI0026034 WACKER CHEM CORP ADRIAN 46 0.00% 100.00%

WV0000078 UNION CARBIDE CORP SOUTH CHARLESTON 39 0.00% 100.00%

TX0005576 REICHHOLD, INC. HOUSTON 33 0.00% 100.00%

TX0005860 TEXMARK CHEMICALS, INC. GALENA PARK 30 0.00% 100.00%

NH0000591 HAMPSHIRE CHEMICAL CORPORATION NASHUA 30 0.00% 100.00%

WV0000841 GE PLASTICS WASHINGTON 14 0.00% 100.00%

MI0000761 FLINT INK CDR HOLLAND HOLLAND 7 0.00% 100.00%

TX0003204 SOUTH HAMPTON REFINING CO. SILSBEE 6 0.00% 100.00%

FL0029653 AOC, LLC LAKELAND 5 0.00% 100.00%

WV0022047 CROMPTON CORPORATION Morgantown 3 0.00% 100.00%

MA0005304 OLIN CORPORATION WILMINGTON 1 0.00% 100.00%

Total OCPSF Nitrogen Load 15,848,055 Steam Electric Power Generation Facilities Reporting Discharges of Nitrogen Compounds to PCS for 2002 NPID Name City Total Facility Nitrogen Load % of Total Nitrogen Load for Category Cummulative % of Total Nitrogen Load for Category VA0004090 Dominion Virginia Power  Surr Surry 3,554,784 29.48% 29.48%

VA0004146 Dominion Virginia Power  Ches Chester 2,356,045 19.54% 49.02%

VA0004103 Dominion  Yorktown Yorktown 1,337,195 11.09% 60.11%

NC0003433 Prog Enrg Carolinas Inc Cpe Fe Moncure 974,418 8.08% 68.19%

VA0004081 Dominion Virginia Power  Ches Chesapeake 957,266 7.94% 76.13%

AL0002879 AL POWER CO BARRY STEAM PLT MOBILE 827,923 6.87% 83.00%

NC0003425 Prog Enrg Carolinas Inc Roxbor Roxboro 729,539 6.05% 89.05%

HI0000353 KAUAI ISLAND UTILITY COOP. ELEELE 201,462 1.67% 90.72%

HI0000094 MAUI ELECTRIC CO LTD KAHULUI 191,176 1.59% 92.30%

AL0003875 TVA WIDOWS CREEK FOSSIL PLANT STEVENSON 174,975 1.45% 93.75%

CO0001104 PUBLIC SERVICE CO. OF COLO. DENVER 125,937 1.04% 94.80%

CT0003263 MILLSTONE POWER STATION WATERFORD 117,719 0.98% 95.77%

FL0036498 SEMINOLE ELEC SEMINOLE STEAM PALATKA 101,591 0.84% 96.62%

OH0011533 OHIO EDISON NILES 42,682 0.35% 96.97%

MI0042668 MIDLAND COGENERATION VENTURE MIDLAND 34,586 0.29% 97.26%

TX0119423 CALPINE HIDALGO ENERGY CENTER, EDINBURG 34,350 0.28% 97.54%

NC0001422 Prog Enrg Carolinas Inc Sutton Wilmington 33,602 0.28% 97.82%

FL0030988 FL PWR & LT MARTIN CNTY STEAM INDIANTOWN 27,564 0.23% 98.05%

CT0003875 RESOURCE RECOVERY SYSTEMS OF HARTFORD 21,661 0.18% 98.23%

NE0001244 NPPD COOPER NUCLEAR BROWNVILLE BROWNVILLE 20,951 0.17% 98.40%

HI0000191 HILO COAST POWER CO 19,525 0.16% 98.56%

NC0004979 Duke Enrg Corp Plt Allen Stm S Belmont 19,205 0.16% 98.72%

AL0003140 AL POWER CO E C GASTON STM PL WILSONVILLE 15,202 0.13% 98.85%

NC0005088 Duke Enrg Corp Cliffside Stm S Cliffside 14,081 0.12% 98.97%

WV0005525 VIRGINIA ELECTRIC & POWER CO MOUNT STORM 11,657 0.10% 99.06%

IN0002810 PSI WABASH RIVER GEN. STATION WEST TERRE HAUTE, 11,102 0.09% 99.16%

PA0005011 RELIANT ENERGY NORTHEAST MGMT NEW FLORENCE 10,032 0.08% 99.24%

NC0000396 Prog Enrg Carolinas Inc Ashevi Arden 9,492 0.08% 99.32%

NE0000418 OPPD FORT CALHOUN STATION FORT CALHOUN 8,923 0.07% 99.39%

AL0003867 TVA COLBERT STEAM PLANT TUSCUMBIA 8,508 0.07% 99.46%

DC0000094 PEPCO POTOMAC ELECTRIC CO. WASHINGTON 7,878 0.07% 99.53%

HI0000027 HAWAIIAN ELECTRIC CO INC HONOLULU 5,748 0.05% 99.58%

AL0027146 AL POWER CO MILLER STEAM PLT QUINTON 5,443 0.05% 99.62%

NC0004987 Duke Enrg Corp Marshall Stm St Terrell 5,190 0.04% 99.66%

CT0003760 PSEG POWER CONNECTICUT LLC NEW HAVEN 5,161 0.04% 99.71%

CT0003883 NRG MIDDLETOWN OPERATIONS, INC MIDDLETOWN 5,045 0.04% 99.75%

PA0008443 PPL MONTOUR LLC WASHINGTONVILLE 4,825 0.04% 99.79%

HI0000264 HAWAII ELECTRIC LIGHT CO INC HILO 4,095 0.03% 99.82%

NC0004774 Duke Energy Corp Buck Stm Sta Salisbury 3,718 0.03% 99.85%

NC0024406 Duke Enrg Corp Belews Crk Stm Walnut Cove 3,279 0.03% 99.88%

NJ0005622 PSE& G GENERATING STA ( SALEM) HANCOCKS BRIDGE 2,989 0.02% 99.90%

AL0002909 AL POWER CO GORGAS STEAM PLT PARRISH 2,334 0.02% 99.92%

WV0023248 MONONGAHELA POWER CO Willow Island 1,694 0.01% 99.94%

NC0004961 Duke Enrg Corp Riverbend Stm S Mount Holly 1,599 0.01% 99.95%

CT0003093 NRG NORWALK HARBOR OPERATIONS SOUTH NORWALK 1,083 0.01% 99.96%

WV0048500 APPALACHIAN POWER CO DBA AEP NEW HAVEN 715 0.01% 99.97%

NC0003468 Duke Enrg Corp Dan Riv Stm Sta Eden 578 0.00% 99.97%

KY0000221 KY POWER CO BIG SANDY PLANT LOUISA 535 0.00% 99.98%

CO0001091 PUBLIC SERVICE CO. OF COLORADO DENVER 373 0.00% 99.98%

WV0005339 MONONGAHELA POWER CO HAYWOOD 340 0.00% 99.98%

CT0003107 NRG DEVON OPERATIONS, INC MILFORD 277 0.00% 99.98%

PA0012823 PPL  MARTINS CREEK BANGOR 269 0.00% 99.99%

TN0005355 TVA ALLEN STEAM MEMPHIS 267 0.00% 99.99%

NH0023361 NEWINGTON POWER FACILITY NEWINGTON 195 0.00% 99.99%

MA0004731 EXELON NEW BOSTON LLC SOUTH BOSTON 170 0.00% 99.99%

SC0000515 DUKE ENERGY/ OCONEE NUCLEAR Seneca 130 0.00% 99.99%

SC0030856 SCE& G/ V C SUMMER NUCLEAR STAT Jenkinsville 130 0.00% 99.99%

TN0020168 TVA WATTS BAR NUCLEAR SPRING CITY 92 0.00% 99.99%

OH0127841 DUKE ENERGY WASHINGTON, LLC WATERFORD TWP. 88 0.00% 100.00%

PA0001619 ORION POWER MIDWEST L. P. 84 0.00% 100.00%

KY0054836 WESTERN KY ENERGY CORP WILSON ISLAND 79 0.00% 100.00%

NY0005908 KEYSPAN  E F BARRETT POWER ISLAND PARK 59 0.00% 100.00%

CO0001139 PUBLIC SERVICE COMPANY OF COLO DENVER 57 0.00% 100.00%

WV0004731 ALLEGHENY ENERGY SUPPLY COMPAN MAIDSVILLE 53 0.00% 100.00%

IL0002208 MIDWEST GENERATION, LLC WILL CO ROMEOVILLE 48 0.00% 100.00%

SC0037401 SCPSA/ CROSS GENERATING STATION Cross 46 0.00% 100.00%

WV0005304 OHIO POWER CO MOUNDSVILLE 39 0.00% 100.00%

CT0003115 NRG MONTVILLE OPERATIONS INC UNCASVILLE 38 0.00% 100.00%

WV0005291 OHIO POWER CO MOUNDSVILLE 26 0.00% 100.00%

CO0001112 PUBLIC SERVICE CO. OF COLORADO BOULDER 24 0.00% 100.00%

VA0087033 Gordonsville Power Station Gordonsville 17 0.00% 100.00%

KY0001937 WESTERN KY ENERGY CORP COLEMAN HAWESVILLE 8 0.00% 100.00%

OH0028762 AMERICAN ELECTRIC POWER CHESHIRE 4 0.00% 100.00%

KY0003611 EAST KY POWER COOP COOPER STAT BURNSIDE 3 0.00% 100.00%

OH0011592 OHIO EDISON SHADYSIDE 3 0.00% 100.00%

SC0001091 SCPSA/ JEFFERIES GEN STATION Moncks Corner 2 0.00% 100.00%

NC0039586 Prog Enrg Carolinas Inc Shearo New Hill 2 0.00% 100.00%

OH0127825 PSEG WATERFORD ENGERY, LLC WATERFORD TOWNSHIP 0 0.00% 100.00%

PA0025615 FIRST ENERGY NUCLEAR OPERATING SHIPPINGPORT 0 0.00% 100.00%

WV0000761 MONONGAHELA POWER CO WILLOW ISLAND 0 0.00% 100.00%

Total Steam Electric Nitrogen Load 12,057,982 Pulp and Paper Mills Reporting Discharges of Nitrogen Compounds to PCS for 2002 NPID Name City Total Facility Nitrogen Load % of Total Nitrogen Load for Category Cummulative % of Total Nitrogen Load for Category GA0003654 BRUNSWICK CELLULOSE, INC. BRUNSWICK 1,352,040 16.36% 16.36%

NC0003298 Intl Paper Co Riegelwood Ml Riegelwood 749,654 9.07% 25.43%

VA0004162 International Paper  Franklin Franklin 617,482 7.47% 32.90%

NC0000680 Weyerhaeuser Co Plymouth Ml Plymouth 564,701 6.83% 39.73%

NC0000272 Blue Rdg Paper Products Inc Ca Canton 422,114 5.11% 44.84%

FL0000876 BUCKEYE FLORIDA PERRY 393,053 4.76% 49.60%

FL0000701 RAYONIER, INC. FERNANDINA BEACH 357,814 4.33% 53.93%

AL0000396 INTERNATIONAL PAPER CO COURTLAND 285,750 3.46% 57.39%

NC0000752 Intl Paper Co Roanoke Rpds Ml Roanoke Rapids 277,360 3.36% 60.74%

WI0003379 WAUSAU MOSINEE PAPER CORP BROKAW 256,825 3.11% 63.85%

MT0000035 STONE CONTAINER CORP MISSOULA 234,827 2.84% 66.69%

NC0003191 Weyerhaeuser Co New Bern Ml New Bern 214,889 2.60% 69.29%

VA0003115 Smurfit Stone Container Corpor West Point 196,740 2.38% 71.67%

WI0002810 PACKAGING CORP OF AMERICA TOMAHAWK 186,514 2.26% 73.93%

FL0001104 JEFFERSON SMURFIT FERNANDINA FERNANDINA BEACH 146,965 1.78% 75.71%

FL0000400 STONE CONTAINER CORPORATION JACKSONVILLE 134,107 1.62% 77.33%

AL0022314 JEFFERSON SMURFIT CORP US STEVENSON 129,201 1.56% 78.89%

FL0002763 GEORGIA PACIFIC CORP PALATKA PALATKA 127,903 1.55% 80.44%

NY0004413 TICONDEROGA MILL TICONDEROGA 120,450 1.46% 81.90%

OR0000442 WEYERHAEUSER CO ALBANY 115,445 1.40% 83.29%

AL0000817 MEADWESTVACO COATED BOARD INC COTTONTON 97,163 1.18% 84.47%

NY0005525 FINCH, PRUYN AND COMPANY, INC GLENS FALLS 94,005 1.14% 85.61%

MD0021687 UPPER POTOMAC RIVER COMMISSION WESTERNPORT 91,053 1.10% 86.71%

TN0002356 BOWATER NEWSPRINT CALHOUN OPER Calhoun 75,739 0.92% 87.63%

SC0042188 WEYERHAEUSER CO/ MARLBORO MILL Bennettsville 74,558 0.90% 88.53%

AL0002674 WEYERHAEUSER CO PINE HILL 74,393 0.90% 89.43%

NC0000078 Ecusta Business Dev Cntr LLC Pisgah Forest 56,988 0.69% 90.12%

FL0000281 TENNECO PACKAGING CORP. CLYATTVILLE 52,820 0.64% 90.76%

WI0037389 SCA TISSUE NORTH AMERICA LLC MENASHA 51,304 0.62% 91.38%

MI0000027 MEADWESTVACO ESCANABA PAPER CO ESCANABA 46,521 0.56% 91.94%

AL0003158 BOWATER ALABAMA INC COOSA PINES 44,280 0.54% 92.48%

MI0042170 INT PAPER CO QUINNESEC MILL NORWAY 39,270 0.48% 92.95%

IN0036447 PREMIER BOXBOARD LIMITED LLC CAYUGA, 38,394 0.46% 93.42%

WI0000825 INTERNATIONAL PAPER KAUKAUNA KAUKAUNA 37,373 0.45% 93.87%

NC0005321 BUCKEYE LUMBERTON, INC. LUMBERTON 34,650 0.42% 94.29%

AL0002682 JSC US BREWTON MILL BREWTON 28,299 0.34% 94.63%

MA0000671 CRANE & CO INC W W T P DALTON 26,527 0.32% 94.95%

CT0000434 AHLSTROM WINDSOR LOCKS COGENER WINDSOR LOCKS 25,884 0.31% 95.26%

MN0000973 CHAMPION INTL CORP SARTELL SARTELL 25,063 0.30% 95.57%

CT0003212 KIMBERLY CLARK CORPORATION NEW MILFORD 24,292 0.29% 95.86%

WI0037842 KIMBERLY CLARK CORP NEENAH PAP NEENAH 23,541 0.28% 96.15%

TN0001643 WEYERHAEUSER COMPANY KINGSPORT SHAKER CHANDRASEKARAN 21,720 0.26% 96.41%

ID0001163 POTLATCH CORP LEWISTON 19,708 0.24% 96.65%

MA0001716 MEAD CORP  LAUREL MILL SOUTH LEE 18,631 0.23% 96.87%

OR0000558 SP NEWSPRINT NEWBERG 17,975 0.22% 97.09%

OH0004481 MW CUSTOM PAPERS LLC CHILLICOTHE 16,875 0.20% 97.29%

IN0003026 INTERNATIONAL PAPER COMPANY TERRE HAUTE, 16,530 0.20% 97.49%

TX0001643 DONOHUE INDUSTRIES, INC. LUFKIN 15,475 0.19% 97.68%

PA0008869 PH GLATFELTER CO SPRING GROVE 13,886 0.17% 97.85%

OH0009377 APPLETON PAPERS INC. WEST CARROLLTON 13,079 0.16% 98.01%

PA0008265 APPLETON PAPERS INC  SPRING M ROARING SPRING 12,528 0.15% 98.16%

NJ0004456 CURTIS SPEC PAPERS MILFORD MILFORD 11,799 0.14% 98.30%

WI0000698 STORA ENSO NORTH AMERICA KIMBE KIMBERLY 11,752 0.14% 98.44%

TX0053023 ABITIBI CONSOLIDATED CORP SHELDON 11,340 0.14% 98.58%

MA0001848 MEAD CORP  WILLOW MILL SOUTH LEE 11,193 0.14% 98.72%

OH0004235 STONE CONTAINER CORPORATION COSHOCTON 9,945 0.12% 98.84%

NH0000655 FRASER PAPER N. H. LLC BERLIN 9,701 0.12% 98.95%

NY0001775 NEWSTECH NY, INC DEFERIET 9,173 0.11% 99.07%

MI0003824 MENASHA PACKAGING CO OTSEGO 8,402 0.10% 99.17%

SC0000876 STONE CONTAINER/ FLORENCE Florence 6,948 0.08% 99.25%

NJ0004448 FIBERMARK HOLLAND 5,821 0.07% 99.32%

NH0001562 WAUSAU PAPERS OF NH, INC. GROVETON 5,595 0.07% 99.39%

OR0033405 FORT JAMES OPERATING CO HALSEY 5,458 0.07% 99.46%

WI0001121 P H GLATFELTER CO BERGSTROM PA NEENAH 5,312 0.06% 99.52%

OH0105228 BAY WEST DIVISION MIDDLETOWN 5,140 0.06% 99.58%

VT0000116 DIRIGO PAPER CO. & SRC CORPORA GILMAN 4,689 0.06% 99.64%

WI0000680 CELLU TISSUE NEENAH NEENAH 4,682 0.06% 99.70%

FL0000892 JEFFERSON SMURFIT CORPORATION JACKSONVILLE 4,673 0.06% 99.75%

OR0000299 EVANITE FIBER CORP CORVALLIS 3,867 0.05% 99.80%

NY0003344 INTERFACE SOLUTIONS, INC FULTON 3,385 0.04% 99.84%

MA0005282 TEXON USA RUSSELL RUSSELL 3,329 0.04% 99.88%

AL0002780 INTERNATIONAL PAPER CO MOBILE MOBILE 1,850 0.02% 99.90%

AL0003018 IP PRINTING PAPERS DIV RIVERDA SELMA 1,615 0.02% 99.92%

PA0012815 SONOCO PRODUCTS COMPANY DOWNINGTOWN 1,353 0.02% 99.94%

AL0003930 NGC INDUSTRIES INC OXFORD 1,288 0.02% 99.95%

CT0002127 CELLU TISSUE CORPORATION EAST HARTFORD 1,099 0.01% 99.97%

OH0006718 RITTMAN PAPERBOARD RITTMAN 518 0.01% 99.97%

WA0000884 SONOCO PRODUCTS CO SUMNER 405 0.00% 99.98%

IA0000841 TAMA PAPERBOARD TAMA 370 0.00% 99.98%

OH0004961 NEWARK GROUP INDUSTRIES BALTIMORE 364 0.00% 99.99%

WI0001341 LITTLE RAPDIS CORP SHAWANO SHAWANO 323 0.00% 99.99%

OH0000400 IVEX OF OHIO, INC. CHAGRIN FALLS 317 0.00% 99.99%

WI0001473 INTERNATIONAL PAPER DEPERE DE PERE 191 0.00% 100.00%

VA0003646 MeadWestvaco Packaging Resourc Covington 156 0.00% 100.00%

AL0002801 KIMBERLY CLARK CORPORATION MOBILE 71 0.00% 100.00%

KY0095192 KIMBERLY CLARK CORP OWENSBORO 9 0.00% 100.00%

AR0000558 INTERNATIONAL PAPER CO CAMDEN CAMDEN 1 0.00% 100.00%

Total Pulp and Paper Nitrogen Load 8,264,492 Meat and Poultry Facilities Reporting Discharges of Nitrogen Compounds to PCS for 2002 NPID Name City Total Facility Nitrogen Load % of Total Nitrogen Load for Category Cummulative % of Total Nitrogen Load for Category NE0001392 TYSON FRESH MEATS, INC. DAKOTA CITY 1,380,923 20.11% 20.11%

NE0123501 TYSON FRESH MEATS, INC. LEXING LEXINGTON 1,344,400 19.58% 39.69%

NC0078344 Smithfield Packing Co Inc Tarh Tar Heel 1,283,281 18.69% 58.37%

CO0027707 SWIFT BEEF COMPANY GREELEY 521,362 7.59% 65.96%

SD0000078 JOHN MORRELL & COMPANY SIOUX FALLS 516,576 7.52% 73.49%

VA0003808 Perdue Farms Incorporated  Ac Accomac 307,792 4.48% 77.97%

AL0003697 PILGRIMS PRIDE CORP ENTERPRISE 294,626 4.29% 82.26%

KS0000817 TYSON FRESHMEAT INC EMPORIA EMPORIA 265,917 3.87% 86.13%

DE0000469 PERDUE  GEORGETOWN GEORGETOWN 168,872 2.46% 88.59%

OK0038849 HEAVENER UA INDUSTRIAL PARK HEAVENER 151,442 2.21% 90.79%

KS0092029 EXCEL DODGE CITY 140,787 2.05% 92.84%

TX0072982 TYSON FARMS, INC. CENTER 106,546 1.55% 94.40%

AL0040843 AMERICAN PROTEINS HANCEVILLE HANCEVILLE 91,809 1.34% 95.73%

VA0003867 Omega Protein  Reedville Reedville 62,117 0.90% 96.64%

DE0000299 ALLEN FAMILY FOODS HARBESON 44,433 0.65% 97.28%

WV0005495 PILGRIM'S PRIDE CORPORATION MOOREFIELD 38,186 0.56% 97.84%

TN0002135 TYSON FOODS INC SHELBYVILLE 31,305 0.46% 98.30%

IL0003913 TYSON FRESH MEATS JOSLIN JOSLIN 21,458 0.31% 98.61%

UT0000281 MILLER E A, INC HYRUM 16,781 0.24% 98.85%

PA0007552 EMPIRE KOSHER POULTRY INC MIFFLINTOWN 12,572 0.18% 99.04%

TX0062936 PILGRIM'S PRIDE CORP MT. PLEASANT 10,936 0.16% 99.20%

MO0036773 SIMMONS FOODS, INC SOUTH WEST CITY 8,146 0.12% 99.31%

WV0047236 PILGRIM'S PRIDE CORPORATION MOOREFIELD 7,795 0.11% 99.43%

AL0026832 GOLDEN ROD BROILERS CULLMAN CULLMAN 7,430 0.11% 99.54%

AL0003395 GOLD KIST POULTRY TRUSSVILLE TRUSSVILLE 6,497 0.09% 99.63%

AL0001449 TYSON FOODS BLOUNTSVILLE BLOUNTSVILLE 4,665 0.07% 99.70%

MD0002071 TYSON FOODS INC. BERLIN, WORCESTER CO 3,936 0.06% 99.76%

MS0001783 BRYAN FOODS INC WEST POINT 3,430 0.05% 99.81%

FL0001465 GOLDKIST INC LIVE OAK 2,299 0.03% 99.84%

SC0000795 GOLD KIST POULTRY PROCESSING Sumter 2,274 0.03% 99.87%

MD0000965 PERDUE FARMS INC./ SHOWELL SHOWELL 1,860 0.03% 99.90%

IA0002089 TYSON FRESH MEATS, INC. PERRY 1,050 0.02% 99.92%

LA0054178 PILGRIM'S PRIDE CORPORATION NATCHITOCHES 1,044 0.02% 99.93%

MN0031178 WORTHINGTON INDUSTRIAL WORTHINGTON 1,017 0.01% 99.95%

IA0003361 TYSON FRESH MEATS, INC. COLUMBUS JUNCTION 944 0.01% 99.96%

ID0000787 SWIFT & COMPANY BEEF NAMPA 660 0.01% 99.97%

OK0000795 TYSON FOODS, INC. BROKEN BOW BROKEN BOW 536 0.01% 99.98%

NE0032191 FARMLAND FOODS, INC CRETE CRETE 485 0.01% 99.98%

IL0036218 MONMOUTH NORTH STP MONMOUTH 480 0.01% 99.99%

PA0111759 TAYLOR PACKING CO INC WYALUSING 251 0.00% 99.99%

MS0046931 CENTRAL INDUSTRIES FORREST 162 0.00% 100.00%

OH0045322 WEST CARROLLTON PARCHMENT WEST CARROLLTON 136 0.00% 100.00%

MI0037451 BIL MAR FOODS ZEELAND 119 0.00% 100.00%

Total Meat and Poultry Nitrogen Load 6,867,338 Fertilizer Facilities Reporting Discharges of Nitrogen Compounds to PCS for 2002 NPID Name City Total Facility Nitrogen Load % of Total Nitrogen Load for Category Cummulative % of Total Nitrogen Load for Category MO0000817 RIVER CEMENT COMPANY FESTUS 1,167,682 18.02% 18.02%

LA0000418 C F INDUSTRIES DONALDSONVILLE DONALDSONVILLE 881,820 13.61% 31.62%

AR0000752 EL DORADO CHEMICAL CO, INC EL DORADO 865,172 13.35% 44.97%

MS0003115 MISSISSIPPI PHOSPHATES CORP PASCAGOULA 808,739 12.48% 57.45%

LA0005959 TRIAD NITROGEN, INC DONALDSONVILLE 518,930 8.01% 65.45%

MO0000311 MISSOURI CHEMICAL WORKS LOUISIANA 486,304 7.50% 72.96%

MS0000574 MISSCHEM NITROGEN LLC YAZOO CITY 476,550 7.35% 80.31%

GA0002071 PCS NITROGEN FERTILIZER, L. P. AUGUSTA 295,860 4.56% 84.87%

MS0027995 VICKSBURG CHEMICAL COMPANY VICKSBURG 267,592 4.13% 89.00%

AK0000507 AGRIUM U. S. INC KENAI 238,140 3.67% 92.68%

OK0021024 KOCH NITROGEN CO. ENID NITROGN ENID 148,212 2.29% 94.96%

IA0004014 TERRA NITROGEN SERGEANT BLUFF 115,899 1.79% 96.75%

OK0029149 TERRA NITROGEN, L. P. VERDIGRI CATOOSA 107,952 1.67% 98.42%

OR0001635 DYNO NOBEL INC ST HELENS 31,312 0.48% 98.90%

NE0000060 KOCH NITROGEN COMPANY BEATRICE 25,080 0.39% 99.29%

NE0111805 AGRIUM U. S., INC. BEATRICE 15,503 0.24% 99.53%

LA0003280 AIR PROD & CHEM INC NEW ORLEAN NEW ORLEANS 12,900 0.20% 99.73%

IL0001767 ORICA NITROGEN LLC SENECA WKS MORRIS 7,966 0.12% 99.85%

OK0036161 TERRA NITROGEN CORP. WOODWARD WOODWARD 7,026 0.11% 99.96%

GA0002356 PCS NITROGEN FERTILIZER, L. P. GARDEN CITY 1,346 0.02% 99.98%

FL0001643 NITRAM CHEM TAMPA TAMPA 956 0.01% 99.99%

LA0029769 IMC PHOSPHATES CO  FAUSTINA DONALDSONVILLE 493 0.01% 100.00%

Total Fertilizer Nitrogen Load 6,481,434 Iron and Steel Facilities Reporting Discharges of Nitrogen Compounds to PCS for 2002 NPID Name City Total Facility Nitrogen Load % of Total Nitrogen Load for Category Cummulative % of Total Nitrogen Load for Category IN0000281 U. S. STEEL LLC  GARY WORKS GARY, 2,733,058 44.55% 44.55%

OH0004260 AK STEEL CORP COSHOCTON COSHOCTON 782,085 12.75% 57.30%

MD0001201 ISG SPARROWS POINT, INC. SPARROWS POINT 695,477 11.34% 68.63%

PA0013129 CARPENTER TECHNOLOGY CORP READING 420,337 6.85% 75.49%

WV0003336 ISG WEIRTON, INC. WEIRTON 175,053 2.85% 78.34%

NY0001368 ISG LACKAWANNA, INC BLASDELL 163,426 2.66% 81.00%

OH0092444 MASSILLON STAINLESS, INC MASSILLON 158,931 2.59% 83.59%

KY0095877 NORTH AMERICAN STAINLESS GHENT 133,807 2.18% 85.77%

OH0000957 ISG CLEVELAND CLEVELAND 101,492 1.65% 87.43%

CO0000621 CF& I STEEL, L. P. PUEBLO 85,042 1.39% 88.81%

IL0000329 U. S. STEEL GRANITE CITY GRANITE CITY 67,980 1.11% 89.92%

IN0000094 ISPAT INLAND, INC. EAST CHICAGO, 66,731 1.09% 91.01%

OH0001562 REPUBLIC ENGINEERED PRODUCTS LORAIN 64,848 1.06% 92.07%

PA0002437 SHENANGO INC PITTSBURGH 62,040 1.01% 93.08%

IN0000175 ISG BURNS HARBOR INC. BURNS HARBOR 59,130 0.96% 94.04%

AL0003417 ABC COKE DIV DRUMMOND CO INC BIRMINGHAM 49,426 0.81% 94.85%

AL0003646 USX CORP FAIRFIELD WORKS FAIRFIELD 43,070 0.70% 95.55%

OH0101079 WCI STEEL, INC. WARREN 36,357 0.59% 96.14%

UT0000361 GENEVA STEEL VINEYARD 30,450 0.50% 96.64%

AL0003247 SLOSS INDUSTRIES CORPORATION BIRMINGHAM 30,218 0.49% 97.13%

IN0059650 AK STEEL CORP., ROCKPORT WORKS ROCKPORT 26,895 0.44% 97.57%

MI0026786 UNITED STATES STEEL ZUG ISLAND RIVER ROUGE 26,184 0.43% 98.00%

KY0000558 AK STEEL CORP COKE PLANT ASHLAND 22,740 0.37% 98.37%

KY0000485 AK STEEL CORP WEST WORKS ASHLAND 22,044 0.36% 98.73%

MI0043524 ROUGE STEEL CO DEARBORN 13,815 0.23% 98.95%

OH0011274 INTERNATIONAL STEEL GROUP WARREN 9,441 0.15% 99.11%

IL0002526 KEYSTONE STEEL AND WIRE PEORIA 8,558 0.14% 99.25%

AL0001767 EMPIRE COKE CO TUSCALOOSA HOLT 7,741 0.13% 99.37%

PA0004472 US STEEL CORP  CLAIRTON WORKS CLAIRTON 7,590 0.12% 99.50%

OH0009997 AK STEEL CORPORATION MIDDLETOWN 6,624 0.11% 99.60%

IN0000205 ISG INDIANA HARBOR, INC. EAST CHICAGO, 4,972 0.08% 99.68%

OH0006068 NEW BOSTON COKE CORPORATION NEW BOSTON 3,573 0.06% 99.74%

WV0004499 WHEELING PITTSBURGH STEEL CORP FOLLANSBEE 3,217 0.05% 99.80%

PA0006343 AK STEEL CORP  BUTLER OPERATI BUTLER 2,712 0.04% 99.84%

OH0006912 REPUBLIC ENGINEERED PRODUCTS CANTON 2,271 0.04% 99.88%

NY0002399 TONAWANDA COKE CORP TONAWANDA 2,140 0.03% 99.91%

MI0004227 DSC LTD GIBRALTAR GIBRALTAR 1,982 0.03% 99.94%

TX0007706 U. S. DENRO STEELS, INC. BAYTOWN INDUSTRIAL_ X242 1,019 0.02% 99.96%

OH0008338 COPPERWELD CORPORATION SHELBY 684 0.01% 99.97%

CT0000159 ATLANTIC CS & W, LLC BRANFORD 593 0.01% 99.98%

NY0007081 REALCO, INC WATERVLIET NY12189 425 0.01% 99.99%

PA0008575 WIREROPE WORKS INC WILLIAMSPORT 361 0.01% 99.99%

CT0003701 ALLEGHENY LUDLUM CORPORATION WALLINGFORD 155 0.00% 100.00%

OH0122386 NORTH STAR BHP STEEL DELTA 103 0.00% 100.00%

NE0111287 NUCOR STEEL NORFOLK NORFOLK 101 0.00% 100.00%

KY0092118 ROLL COATER INC HAWESVILLE 11 0.00% 100.00%

TX0112577 SHERMAN WIRE COMPANY SOUTHMAYD 8 0.00% 100.00%

KY0002712 NEWPORT STEEL CORP WILDER PLT WILDER 1 0.00% 100.00%

AR0048178 EBF, LLC HICKMAN 0 0.00% 100.00%

Total Iron & Steel Nitrogen Load 6,134,919


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62435-62437]
[FR Doc No: 2012-25141]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 162

[Docket No. USCG-2011-1086]
RIN 1625-AB84

Inland Waterways Navigation Regulations

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: This rule redefines the geographical points described in our
regulations, which demarcate an area of the Detroit River in which
certain vessels are restricted to speeds not greater than 12 statute
miles per hour.

DATES: This rule will be effective November 14, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2011-1086]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box, and click ``Search.'' You may
visit the Docket Management Facility, Department of Transportation,
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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Adrian Palomeque, Prevention Department, Sector
Detroit, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V.

Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 8, 2012, we published in the Federal Register a notice of
proposed rulemaking (NPMR) entitled Inland Waterways Navigation
Regulations (77 FR 27007). We received 1 comment. Specifically, Lake
Carriers' Association (LCA) submitted a letter on May 15, 2012 in which
LCA offered its full support for this rulemaking as proposed in the
NPRM. No other comments were received. No public meeting was requested,
and none was held.

B. Basis and Purpose

    As discussed in the aforesaid NPRM, representatives from LCA, the
Lakes Pilots Association, the International Shipmasters Association,
and the Canadian Shipowners Association previously made a request of
the Coast Guard regarding 33 CFR Part 162. Particularly, these groups
requested that the Coast Guard amend, via federal rulemaking, 33 CFR
162.138(a)(1)(ii), which requires vessels on the Detroit River north of
the Detroit River Light to operate at no more than 12 statute miles per
hour. In response to that request, the Coast Guard's Ninth District
Commander, in consultation with the Captain of the Port, Sector
Detroit, Windsor Port Authority, Transport Canada, and the Canadian
Coast Guard, assessed the necessity and utility of the aforementioned
regulatory provision and determined that the southern point of the
restricted speed area in 33 CFR 162.138(a)(1)(ii) should be relocated
to a point approximately 2.5 statute miles to the north at the D33
stationary light. The reasoning for the Ninth District Commander's
decision is discussed in the following paragraph.
    The speed restriction in 33 CFR 162.138(a)(1)(ii) requires vessels
on the Detroit River north of the Detroit River Light to operate at no
more than 12 statute miles per hour. This restriction serves two
purposes. First, it is intended to prevent collisions and groundings.
(See 33 CFR 162.130(a)). Second, it is intended to limit wake damage to
vessels and shore structures (See 60 FR 35701-01). Because the Detroit
River Light is several miles into Lake Erie and because the channel
between the Detroit River Light and the D33 stationary light is roughly
twelve-hundred feet wide, the Ninth District Commander has determined
that limiting speed south of the D33 stationary light is not necessary
to prevent wake damage or to prevent collisions and groundings. Thus,
33 CFR 162.138(a)(1)(ii), as currently written, serves as an
unnecessary restriction on vessel operations. Moreover, this
unnecessary restriction is exacerbated by the fact that upbound vessels
must decelerate well in advance of the Detroit River Light in order to
attain the maximum speed at the light itself.
    Pursuant to the authority contained in the Ports and Waterways
Safety Act, (33 U.S.C. 1221 et seq.), as delegated to the Commandant of
the Coast Guard via Department of Homeland Security Delegation No.
0170.1 and to Coast Guard District Commanders pursuant to 33 CFR 1.05-
1(e)(1)(vii), the Ninth District Commander is amending 33 CFR
162.138(a)(1)(ii) to alleviate unnecessary restrictions on commercial
vessel operations.

C. Discussion of Comments, Changes, and the Final Rule

    As mentioned above, only one comment was received in response to
the NPRM published on May 8, 2012. In that comment, LCA offered its
full support for the proposed rulemaking.
    This Final Rule is identical to the rule proposed in that NPRM. As
stated in the NPRM, because 33 CFR 162.138, as currently written,
unnecessarily restricts commercial vessel operations, the Ninth
District Commander is amending 33 CFR 162.138 to reduce the size of the
restricted speed area currently delineated in 33 CFR 162.138(a)(1)(ii).
Particularly, this rule relocates the southern point of the restricted
speed area from its current location at the Detroit River Light to a
new location near the D33 stationary light.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We conclude
that this proposed rule is not a significant regulatory action because
relocating the southern point of the restricted speed area delineated
in 33 CFR 162.138(a)(1)(ii) will lessen navigation restrictions on the
public and on private industry. Thus, we anticipate that it will not
adversely affect the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a significant economic impact on a
substantial number of small entities. This rule will affect the
following entities, some of which might be small entities: The owners
and operators of vessels intending to transit between the Detroit River
Light and the D33 stationary. However, the relocation of the southern
point of the restricted speed area delineated in 33 CFR
162.138(a)(1)(ii) will not have a significant economic impact on a
substantial number of small entities because it will lessen navigation
restrictions on the public and private industry.

3. Assistance for Small Entities

    In keeping with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist
small entities in understanding this rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture

Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves amendments to navigation regulations
and thus, is categorically excluded under paragraph 34(i) of the
Commandant Instruction. A Categorical Exclusion Determination (CED) and
a preliminary environmental analysis checklist are available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects 33 CFR Part 162

    Navigation (water), Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 162 as follows:

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

0
1. The authority citation for part 162 continues to read as follows:

    Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.1.

Sec.  162.138  [Amended]

0
2. In Sec.  162.138(a)(1)(ii), remove the words ``Detroit River Light''
and in their place add the words ``D33 stationary light in the Detroit
River entrance''.

    Dated: October 1, 2012.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2012-25141 Filed 10-12-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Page 1310]
[FR Doc No: 2020-00240]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-61-000.
    Applicants: Wilderness Line Holdings, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Wilderness Line Holdings, LLC.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5268.
    Comments Due: 5 p.m. ET 1/23/20.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-2447-004.
    Applicants: Pacific Northwest Generating Cooperative.
    Description: Updated Market Power Analysis [Confidential and
Confidential Workpapers] of Pacific Northwest Generating Cooperative.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5329.
    Comments Due: 5 p.m. ET 3/2/20.

    Docket Numbers: ER14-225-007.
    Applicants: New Brunswick Energy Marketing Corporation.
    Description: Updated Market Power Analysis for the Northeast Region
of New Brunswick Energy Marketing Corporation.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5282.
    Comments Due: 5 p.m. ET 2/28/20.

    Docket Numbers: ER17-1519-003.
    Applicants: PECO Energy Company, PJM Interconnection, L.L.C.
    Description: Compliance filing: PECO submits filing in compliance
with the Commission's 12/5/2019 Order to be effective 12/5/2019.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5136.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER18-169-004.
    Applicants: Southern California Edison Company.
    Description: Compliance filing: SCE Revised TO Apdx IX Attach 1
Formula Rate Protocols ER18-169, ER18-2440 to be effective 11/16/2018.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5290.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER19-1910-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing--Oklahoma Gas and
Electric Company Settlement in EL18-58-000 to be effective 1/1/2018.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5256.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER19-2774-002.
    Applicants: Public Service Company of Colorado.
    Description: Compliance filing: OATT-Att-N-LGIP Reform-Compliance
to be effective 12/5/2019.
    Filed Date: 1/3/20.
    Accession Number: 20200103-5003.
    Comments Due: 5 p.m. ET 1/24/20.

    Docket Numbers: ER20-731-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Tariff Cancellation: RS 25 Termination of Concurrence
to be effective 12/31/2019.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5278.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER20-732-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2020-01-02 Deliverability
Assessment Methodology Enhancements Amendment to be effective 3/3/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5288.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER20-733-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, SA No.
5374; Queue Position AE1-027 (amend) to be effective 3/29/2019.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5265.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER20-734-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: County Line Solar LGIA
Filing to be effective 12/19/2019.
    Filed Date: 1/3/20.
    Accession Number: 20200103-5075.
    Comments Due: 5 p.m. ET 1/24/20.

    Docket Numbers: ER20-735-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Decatur Solar Energy Center
LGIA Filing to be effective 12/19/2019.
    Filed Date: 1/3/20.
    Accession Number: 20200103-5078.
    Comments Due: 5 p.m. ET 1/24/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-00240 Filed 1-9-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44238-44239]
[FR Doc No: 2017-20080]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. SR-OCC-2015-02; Release No. 81628]

Before the Securities and Exchange Commission; Securities
Exchange Act of 1934; In the Matter of the Options Clearing
Corporation; Corrected Order Denying Motion for Stay

September 14, 2017.
    On February 11, 2016, the Commission issued an order (``Approval
Order'') approving the Options Clearing Corporation's (``OCC'') plan
for raising additional capital (``Capital Plan'' or ``Plan'') to
support its function as a systemically important financial market
utility.\1\ BOX Options Exchange LLC, KCG Holdings, Inc. (``KCG''),
Miami International Securities Exchange, LLC, and Susquehanna
International Group, LLP (collectively ``petitioners'') \2\ filed a
petition for review of the Approval Order in the U.S. Court of Appeals
for the District of Columbia Circuit (``D.C. Circuit''), challenging
the Commission's Approval Order as inconsistent with the Exchange Act
and lacking in the reasoned decisionmaking required by the
Administrative Procedure Act.
---------------------------------------------------------------------------

    \1\ Exchange Act Release No. 77112 (Feb. 11, 2016), File No. SR-
OCC-2015-02.
    \2\ BATS Global Markets, Inc. (``BATS'') was initially a
petitioner, but later withdrew.
---------------------------------------------------------------------------

    After filing their petition for review, petitioners filed a motion
for a stay in the D.C. Circuit asking the court to stay the
Commission's Approval Order pending the court's review. The D.C.
Circuit denied petitioners' request for a stay.\3\
---------------------------------------------------------------------------

    \3\ The petitioners had also opposed OCC's motion to lift the
automatic stay in place pending the Commission's review of the
Capital Plan. The Commission found, however, that it was ``in the
public interest to the lift the stay during the pendency of the
Commission's review.'' Exchange Act Release No. 75886 at 2 (Sept.
10, 2015), File No. SR-OCC-2015-02. The Commission noted that it
``believes that the concerns raised by Petitioners regarding
potential monetary and competitive harm do not currently justify
maintaining the stay during the pendency of the Commission's
review.'' Id.
---------------------------------------------------------------------------

    In ruling on the petition for review, the D.C. Circuit concluded
that the Approval Order did not ``represent the kind of reasoned
decisionmaking required by either the Exchange Act or the
Administrative Procedure Act,'' and therefore remanded the case to the
Commission for further proceedings.\4\ In so ruling, the court did not
reach any of petitioners' arguments that the Plan was inconsistent with
the substantive requirements of the Exchange Act, finding instead that
the Commission's failure to make the required findings under the Act
required a remand.\5\
---------------------------------------------------------------------------

    \4\ Susquehanna Int'l Grp., LLP v. SEC, 866 F.3d 442, 443 (D.C.
Cir. 2017).
    \5\ Id. at 446.
---------------------------------------------------------------------------

    The court also considered whether to vacate the Approval Order
prior to remand, and decided not to vacate. As the court explained,
``the SEC may be able to approve the Plan once again, after conducting
a proper analysis on remand.'' \6\ Because both parties had assured the
court that it would be possible to unwind the Capital Plan at a later
time, and ``no party contends that the task would be materially more
difficult if done then rather than now,'' the court declined to vacate
the Capital Plan and instead remanded the case ``to give the SEC an
opportunity to properly evaluate the Plan.'' \7\ The D.C. Circuit's
mandate, which issued on August 18, 2017, returned the matter to the
Commission for further proceedings.\8\
---------------------------------------------------------------------------

    \6\ Id. at 451.
    \7\ Id.
    \8\ By separate order of today's date, we are issuing a
scheduling order governing the proceedings on remand.
---------------------------------------------------------------------------

    Petitioners \9\ now seek a partial stay of the Capital Plan--
specifically, a stay of the dividend payments to be made to the
shareholder exchanges under the Plan--while the Commission considers
the Plan as directed by the D.C. Circuit. OCC opposes the motion.
---------------------------------------------------------------------------

    \9\ Petitioner KCG has not joined the instant motion.
---------------------------------------------------------------------------

    In determining whether to grant a stay motion, the Commission
typically considers whether (i) there is a strong likelihood that the
moving party will succeed on the merits of its appeal; (ii) the moving
party will suffer irreparable harm without a stay; (iii) any person
will suffer substantial harm as a result of a stay; and (iv) a stay is
likely to serve

the public interest.\10\ The party seeking a stay has the burden of
establishing that relief is warranted.\11\ These factors weigh against
granting petitioners' stay request.
---------------------------------------------------------------------------

    \10\ Bernerd E. Young, Exchange Act Release No. 78440, 2016 WL
4060106, at *1 (July 29, 2016); see also Order Preliminarily
Considering Whether to Issue Stay Sua Sponte and Establishing
Guidelines for Seeking Stay Applications, Exchange Act Release No.
33870, 1994 WL 17920, at *1 (Apr. 7, 1994).
    \11\ Young, Exchange Act Release No. 78440, 2016 WL 4060106, at
*1.
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    First, with respect to likelihood of success on the merits, we note
that the court did not address petitioners' arguments that the Plan was
inconsistent with the Exchange Act. Rather, it remanded for the
Commission to ``properly evaluate the Plan.'' \12\ By repeating their
same arguments regarding consistency with the Act in support of a stay,
petitioners are asking the Commission to opine on their likelihood of
success before engaging in the further analysis directed by the court.
We are not yet in a position to do so. Unlike the more typical
situation in which the Commission addresses stay motions, here there is
neither a full record nor a final decision on which to base such an
analysis. Thus, we do not view this factor as weighing in favor of the
partial stay request.
---------------------------------------------------------------------------

    \12\ 866 F.3d at 451.
---------------------------------------------------------------------------

    Second, petitioners fail to establish that they will be irreparably
harmed in the absence of a stay. To demonstrate irreparable harm,
petitioners ``must show an injury that is `both certain and great' and
`actual and not theoretical.' '' \13\ ``A stay `will not be granted
[based on] something merely feared as liable to occur at some
indefinite time.' '' \14\ That ``an applicant may suffer financial
detriment does not rise to the level of irreparable injury warranting
issuance of a stay.'' \15\ Petitioners acknowledge that the monetary
aspects of the Plan ``are readily reversible'' \16\ and that the court
concluded that ``the task of unwinding the Plan would be no more
difficult if done after remand rather than immediately.'' \17\ They
nonetheless argue that ``[a] stay of the dividend is needed to prevent
distortion of the competitive landscape from continuing to harm
competition.'' \18\ But petitioners provide no evidence that
competitors will be ``driven from the marketplace'' or that investors
have ``lost liquidity,'' as petitioners claim.\19\ Thus, petitioners'
argument--which presumes they are correct on the merits regarding the
Plan's effect on competition--is too speculative at this stage to be
the basis for relief. We also note that petitioners made these same
arguments regarding competitive harm before the D.C. Circuit, yet the
court did not stay or vacate the Plan.
---------------------------------------------------------------------------

    \13\ Kenny A. Akindemowo, Exchange Act Release No. 78352, 2016
WL 3877888, at *2 (July 18, 2016) (quoting Donald L. Koch, Exchange
Act Release No. 72443, 2014 WL 2800778, at *2 (June 20, 2014));
accord Wis. Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985).
    \14\ Akindemowo, 2016 WL 3877888, at *2 (quoting Koch, 2014 WL
2800778, at *2); accord Wis. Gas Co., 758 F.2d at 674.
    \15\ Robert J. Prager, Exchange Act Release No. 50634, 2004 WL
2480717, at *1 (Nov. 4, 2004); see also William Timpinaro, Exchange
Act Release No. 29927, 1991 WL 288326, at *3 (Nov. 12, 1991)
(recognizing that ``[m]ere injuries, however substantial, in terms
of money, time, and energy necessarily expended in the absence of a
stay, are not enough'' to constitute irreparable harm) (quoting Va.
Petroleum Jobbers Ass'n v. FPC, 259 F.2d 921, 925 (D.C. Cir. 1958)).
    \16\ Mot. at 1.
    \17\ Mot. at 16.
    \18\ Id.
    \19\ Id. Petitioners cite the acquisition of BATS by CBOE
Holdings, Inc.--which, we note, closed on February 28, 2017--in
support of their argument, stating that there has been consolidation
in the exchange marketplace while the Capital Plan has been in
effect. But they supply no evidence of a causal relationship between
that acquisition and the Capital Plan or the dividends at issue.
---------------------------------------------------------------------------

    Finally, petitioners have not demonstrated that the balance of harm
to others in the absence of a stay and the public interest favors a
stay. Petitioners argue that ``a stay would injur[e] nobody,'' \20\
because they are asking only to stay the dividend component of the
Plan. But even setting aside the impact on shareholder exchanges that
are due the dividends under the Plan, petitioners' claim that the
dividend component of the plan can be isolated is overly simplistic.
Under the Plan, ``OCC would not be able to pay a refund on a particular
date unless dividends were paid on the same date.'' \21\ A stay of the
dividends to the shareholders would thus have the effect of also
staying the payment of refunds to OCC's members.
---------------------------------------------------------------------------

    \20\ Mot. at 16.
    \21\ Exchange Act Release No. 74136 (Notice of Proposed Rule
Change) at 15, File No. SR-OCC-2015-02.
---------------------------------------------------------------------------

    Moreover, as discussed above, the court squarely considered whether
to vacate the Plan or leave it in effect during the Commission's
reconsideration, and decided to leave the Plan, including the
provisions with respect to dividends, in place. Petitioners' request to
stay that part of the Plan therefore, in fact, seeks a change in the
status quo that we believe is unsupported at this time. Granting
petitioners' request would require piecemeal suspension of portions of
the Plan, while leaving others in place, despite at least the
possibility of having to reinstitute those provisions at a later date
if the Commission, after conducting the required analysis on remand,
should determine to approve the Plan. Indeed, the court implicitly
rejected this type of partial stay when petitioners proposed it in a
pre-decision letter to the court \22\ and the court remanded without
entering such a stay. We believe, as the court did, that the better
course is to leave the status quo in place while we conduct a further
review of the entirety of the Plan.
---------------------------------------------------------------------------

    \22\ See Fed. R. App. P. 28(j) letter from petitioners, dated
April 17, 2017 (asking the court ``at a minimum, to stay operation
of the dividend component of the Plan during a remand'').
---------------------------------------------------------------------------

    Accordingly, we decline to impose the partial stay requested.
    For the reasons stated above, it is hereby:
    Ordered that movants' request for a partial stay of the Capital
Plan while the Commission considers the Plan pursuant to the direction
of the D.C. Circuit is Denied.

    By the Commission.

Brent J. Fields,
Secretary.
[FR Doc. 2017-20080 Filed 9-20-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23310-23312]
[FR Doc No: 2015-09627]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74774; File No. SR-NYSEArca-2015-31]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Modifying the
Manner in Which It Calculates Volume, Liquidity and Quoting Thresholds
Applicable to Billing on the Exchange on March 31, 2015

April 21, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 10, 2015, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to modify the manner in which it calculates
volume, liquidity and quoting thresholds applicable to billing on the
Exchange in connection with an interruption in trading in certain
securities on the Exchange on March 31, 2015. The text of the proposed
rule change is available on the Exchange's Web site at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text

of those statements may be examined at the places specified in Item IV
below. The Exchange has prepared summaries, set forth in sections A, B,
and C below, of the most significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to modify the manner by which it calculates
volume, liquidity and quoting thresholds applicable to billing on the
Exchange due to issues relating to trading on the Exchange in certain
securities on March 31, 2015.
    Specifically, on March 31, 2015, trading was unavailable in a range
of symbols on the Exchange for a period of more than two hours,
resulting in a more than 30% decrease in trading volume on the Exchange
(Tape A, B and C securities combined) for that day as compared to
average daily volume (``ADV'') on the Exchange for all of the prior
trading days in March 2015. In addition, once trading and quoting
resumed on the Exchange, market participants were advised to use market
data from the Consolidated Tape Association (SIP) feed rather than from
the NYSE Arcabook feed as the NYSE ArcaBook feed data may have been
compromised as a result of the issues with trading.\3\ The Exchange
believes that these issues impacted the ability of ETP Holders,
including Market Makers, to engage in typical trading, quoting and
liquidity in their assigned securities on March 31, 2015, leading to
decreased quoting and trading volume compared to ADV and U.S.
consolidated average daily volume (``CADV'') for the previous trading
days combined in March 2015.
---------------------------------------------------------------------------

    \3\ See NYSE Arca Equities Trader Update, ``March 31, 2015, NYSE
Arca Equities Trading Interruption in Tape B Symbol Range ``UTG-
ZSML,'' April 2, 2015, available at https://www.nyse.com/trader-update/history.
---------------------------------------------------------------------------

    As provided for in the Exchange's Schedule of Fees and Charges for
Exchange Services (``Equities Fee Schedule''), several of the
Exchange's transaction fees and credits are based on trading, quoting
and liquidity thresholds that ETP Holders must satisfy in order to
qualify for the particular rates (i.e., percentage of CADV and ADV
thresholds). The Exchange believes that the issues that occurred on
March 31, 2015 impacted the ability of ETP Holders to meet these
thresholds during March 2015.\4\ The Exchange therefore proposes to
exclude March 31, 2015 from any CADV or ADV calculation described in
the Equities Fee Schedule in order to reasonably ensure that an ETP
Holder that would otherwise qualify for a particular threshold during
March 2015, and the corresponding transaction rate, would not be
negatively impacted by issues that occurred on March 31, 2015.
---------------------------------------------------------------------------

    \4\ The Exchange notes that it does not perform the calculations
necessary to determine whether these thresholds have been met until
after the particular billing month has ended.
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
issues relating to fees and the Exchange is not aware of any problems
that ETP Holders would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\6\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is reasonable
because excluding March 31, 2015 from any CADV or ADV calculation
described in the Equities Fee Schedule would reasonably ensure that an
ETP Holder that would otherwise qualify for a particular threshold
during March 2015, and the corresponding transaction rate, would not be
negatively impacted by the issues that occurred on March 31, 2015. The
Exchange also believes that the proposed rule change is equitable and
not unfairly discriminatory because the issue with trading on the
Exchange, which lasted more than two hours, resulted in significant
decreases in trading volume and also impacted the ability of ETP
Holders on the Exchange, including Market Makers, to engage in typical
trading, quoting and liquidity in their assigned securities on March
31, 2015, leading to decreased quoting and trading volume compared to
ADVs and CADVs for the previous trading days in March 2015. Therefore,
excluding March 31, 2015 from any CADV or ADV calculation described in
the Equities Fee Schedule would reasonably ensure than any market
participant on the Exchange would not be negatively impacted by the
issues that occurred on March 31, 2015 with respect to billing on the
Exchange. The proposed rule change is also equitable and not unfairly
discriminatory because it would result in all market participants on
the Exchange being treated equally by excluding March 31, 2015 from any
CADV or ADV calculation described in the Equities Fee Schedule.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule change would treat all market
participants on the Exchange equally by excluding March 31, 2015 from
any CADV or ADV calculation described in the Equities Fee Schedule.
Moreover, the Exchange believes that the proposed change would enhance
competition between competing marketplaces by enabling the Exchange to
exclude March 31, 2015 from any CADV or ADV calculation described in
the Equities Fee Schedule.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days after the date of the filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.

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

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the
Commission may designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest. As
represented by the Exchange, excluding March 31, 2015 from any CADV or
ADV calculation described in the Equities Fee Schedule would reasonably
ensure that any market participant on the Exchange would not be
negatively impacted by the issues that occurred on March 31, 2015 with
respect to billing on the Exchange. Accordingly, waiving the 30-day
operative delay would eliminate the potential for confusion among ETP
Holders and the public regarding how the Exchange will calculate
volume, liquidity, and quoting thresholds related to billing for
activity on the Exchange during March 2015 and, more specifically, on
March 31, 2015, and permit the Exchange to determine transaction fees
and credits for ETP Holders in a timely manner after the end of the
billing month of March 2015. Therefore, the Commission hereby
designates the proposed rule change operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) of the Act \13\ to determine whether the proposed
rule should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-31 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEArca-2015-31.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
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. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2015-31, and should be submitted on or before May 18, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-09627 Filed 4-24-15; 8:45 am]
 BILLING CODE 8011-01-P