[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1461-1464]
[FR Doc No: 2015-00135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73989; File No. SR-EDGX-2014-36]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Adopt
Top and Last Sale Data Feeds

January 5, 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 December 23, 2014, EDGX Exchange, Inc. (the ``Exchange'' or the
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposed rule change to amend Rule 13.8 to
establish two new market data products know as: (i) EDGX TOP; and (ii)
EDGX Last Sale. The proposed market data products are identical to the
existing Top and Last Sale data feeds available on the BATS Exchange,
Inc. (``BZX'') and the BATS Y-Exchange, Inc. (``BYX'', collectively
with BZX, ``BATS'').\5\ The Exchange also proposes to amend Rule
13.8(a) to rename the EDGX Book Feed as the EDGX Depth and align with
system functionality currently available on BATS.
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    \5\ See BATS Rule 11.22(d) and (g).
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.directedge.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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    Earlier this year, the Exchange and its affiliate, EDGX Exchange,
Inc. (``EDGX'') received approval to effect a merger (the ``Merger'')
of the Exchange's parent company, Direct Edge Holdings LLC, with BATS
Global Markets, Inc., the parent of BZX and BYX (together with BYX,
BZX, EDGA and EDGX, the ``BGM Affiliated Exchanges'' or ``BATS

Exchange'').\6\ In the context of the Merger, the BGM Affiliated
Exchanges are working to migrate EDGX and EDGA onto the BATS technology
platform, and align certain system functionality, retaining only
intended differences between the BGM Affiliated Exchanges. As a result
of these efforts, the Exchange proposes to establish two new market
data products know as: (i) EDGX TOP; and (ii) EDGX Last Sale. The
proposed market data products are identical to the existing Top and
Last Sale data feeds available on BATS.\7\ The Exchange also proposes
to amend Rule 13.8(a) to rename the EDGX Book Feed as the EDGX Depth
and to align with system functionality currently available on BATS.
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    \6\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
    \7\ See supra note 5.
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EDGX Top and EDGX Last Sale
    The Exchange is proposing to offer two new data feeds that are
identical to data feeds currently available on BATS: (i) EDGX Last
Sale; and (ii) EDGX Top. EDGX Last Sale will provide real-time,
intraday trade information, including price, volume and time of
executions based on orders entered into the System.\8\ EDGX Last Sale
will not include quotation information. EDGX Top will include top of
book quotations and last sale execution information based on orders
entered into the System. The quotations made available via EDGX Top
provide an aggregated size and do not indicate the size or number of
individual orders at the best bid or ask. With regard to cost, the
Exchange will file a separate rule filing with the Commission to
establish fees for both EDGX Last Sale and EDGX Top.
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    \8\ The term ``System'' is defined as ``the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.'' See Exchange Rule
1.5(cc).
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    Various data recipients may wish to subscribe to and use EDGX Last
Sale or EDGX Top. For instance, data recipients that provide real-time
market information on public Web sites or offer dynamic stock tickers,
portfolio trackers, price/time graphs and other visual systems can use
EDGX Last Sale or EDGX Top in lieu of using the Exchange's existing
data feeds. Such data recipients may prefer EDGX Last Sale or EDGX Top
because the Exchange's existing data feeds contain a significant amount
of additional information that such data recipients may not need, which
may result in unnecessary technology costs (e.g., development,
telecommunications or storage costs).
    Market participants can gain access to EDGX last sale prices and
top of book quotations that are integrated with the prices that other
markets make available through the Securities Information Processors
(``SIP''). Therefore, no market participant is required to subscribe to
EDGX Last Sale or EDGX Top because the same top of book quotations and
last sale prices are available elsewhere and in the Exchange's other
data products.\9\ The Exchange represents that it will not distribute
the proposed feeds on a more timely basis than it makes available the
data that is provided to the SIPs for consolidation and dissemination.
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    \9\ See Exchange Rule 13.8(a) and (b).
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EDGX Book Feed, Rule 13.8(a)
    Rule 13.8(a) describes the Exchanges depth of book data feed known
as the EDGX Book Feed as a data feed that contains all displayed orders
for listed securities trading on EDGX, order executions, order
cancellations, order modifications, order identification numbers, and
administrative messages. First, the Exchange proposes to rename the
EDGX Book Feed as EDGX Depth, as it believes this name more accurately
describes the book feed and aligns with the naming conventions proposed
above for EDGX Top and EDGX Last Sale.
    Second, the Exchange proposes to amend Rule 13.8(a)(i) align with
system functionality currently available on BATS. Under Rule
13.8(a)(1), Members \10\ may obfuscate their unique order
identification numbers on EDGX Depth per Market Participant Identifier
for all logical ports or specific logical ports for subsequent
replenishments of an order with a Reserve Quantity,\11\ as designated
by the Member. In order to do so, the Member must contact the
Exchange's Member Services (``Member Services'') department. In such
case, a randomly generated order identification number would be applied
the next trading day by the Exchange for all subsequent replenishments
of orders with a Reserve Quantity until further instructions are
received by Member Services from the Member.
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    \10\ The term ``Member'' is defined as ``any registered broker
or dealer, or any person associated with a registered broker or
dealer, that has been admitted to membership in the Exchange. A
Member will have the status of a ``member'' of the Exchange as that
term is defined in Section 3(a)(3) of the Act.'' See Exchange Rule
1.5(n).
    \11\ The term ``Reserve Quantity'' is defined as ``[t]he portion
of an order that includes a Non-Displayed instruction in which a
portion of that order is also displayed on the EDGX Book. Both the
portion of the order with a Displayed instruction and the Reserve
Quantity are available for execution against incoming orders.'' See
Exchange Rule 11.6(m).
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    As amended, Rule 13.8(a)(i) would state that, unless otherwise
instructed by the Member, the Exchange will obfuscate the Member's
unique order identification number on EDGX Depth for each replenishment
of an order with a Reserve Quantity. In order to opt out of the
Exchange's obfuscation functionality, the Member must contact the
Exchange's Trade Desk. As a result, Members will no longer be required
to elect obfuscation of their order identification numbers on EDGX
Depth. Rather, Members must instruct the Exchange when they chose to
not have their order identification number obfuscated and displayed on
EDGX Depth.
Implementation Date
    The Exchange intends to implement the proposed rule change on or
about January 12, 2015, which is the anticipated date upon which the
migration of the Exchange to the BATS technology platform will be
complete and the proposed data feeds may be made available.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with Section 6(b) of the Act \12\ and further the objectives of Section
6(b)(5) of the Act\13\ because they are designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, to
foster cooperation and coordination with persons engaged in
facilitating transactions in securities, and, in general, to protect
investors and the public interest. The Exchange also believes this
proposal is consistent with Section 6(b)(5) of the Act \14\ because it
protects investors and the public interest and promotes just and
equitable principles of trade by providing investors with new options
for receiving market data. The proposed rule change also is designed to
support the principles of Section 11A(a)(1) \15\ of the Act in that it
seeks to assure fair competition among brokers and dealers and among
exchange markets.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
    \15\ 15 U.S.C. 78k-1(a)(1).
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    The proposed rule change would benefit investors by facilitating
their prompt access to last sale information and best-bid-and-offer
information contained in EDGX Last Sale and EDGX Top. The Exchange
believe adding

EDGX Last Sale and EDGX Top as well as the amendments to Rule
13.8(a)(i) would align the Exchange data feed offerings and
functionality with that available on BATS upon migration of the
Exchange to the BATS technology platform. Consistent technology
offering identical market data products by each of the BGM Affiliated
Exchange will, in turn, avoid investor confusion as well as simplify
the technology implementation, changes and maintenance by Users of the
Exchange that are also participants on BATS. The proposed rule change
would provide greater harmonization between the rules of the BGM
Affiliated Exchanges, resulting in greater uniformity and less
burdensome and more efficient regulatory compliance. The proposed
market data products are identical to the existing Top and Last Sale
data feeds available on BATS.\16\ The proposed amendments to Rule
13.8(a)(i) are also consistent with system functionality currently
available on BATS. As such, the proposed rule change would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and would remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \16\ See supra note 5.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
reiterates that the proposed rule change is being proposed in the
context of the technology integration of the BGM Affiliated Exchanges.
Thus, the Exchange believes this proposed rule change is necessary to
permit fair competition among national securities exchanges. In
addition, the Exchange believes the proposed rule change will benefit
Exchange participants in that it is one of several changes necessary to
achieve a consistent technology offering by the BGM Affiliated
Exchanges.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing 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 from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \19\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \20\ permits the
Commission to 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 in order
to permit the Exchange to implement the proposed rule change on January
12, 2015, which is the anticipated date upon which the migration of
EDGA and EDGX to the BATS technology platform will be complete. The
Exchange states that waiver of the operative delay is consistent with
the protection of investors and the public interest because it will
allow the Exchange to provide identical data products across the BGM
Affiliated Exchanges upon migration of the Exchange to the BATS
technology platform, thereby simplifying the technology integration for
Members of the Exchange that are also participants on EDGX, EDGA, and
BYX. In this regard, the Exchange notes that, since completion of the
Merger, both Members and the BGM Affiliated Exchanges have made
numerous systems changes in preparation for the technology migration
occurring on January 12, 2015, the Exchange has issued frequent updates
to Members informing them of the BGM Affiliated Exchange technology
migration as well as its anticipated time line so that Members may make
the requisite system changes. The Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest. Therefore, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\21\
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ 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).
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    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 to
determine whether the proposed rule should be approved or disapproved.

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-EDGX-2014-36 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-EDGX-2014-36. 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
the filing also will be available for inspection and copying at the
principal office of EDGX. 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-EDGX-2014-36 and should be submitted on or before January 30, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-00135 Filed 1-8-15; 8:45 am]
BILLING CODE 8011-01-P


(i) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage).
	(ii) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting.
	(iii) You must provide to the Administrator:
	(A) A written description of the force majeure event;
	(B) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;
	(C) Measures taken or to be taken to minimize the delay in reporting; and
	(D) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.
	(iv) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
	(v) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs.
	(c) Recordkeeping requirements. You must maintain the records identified as specified in §60.7(f) and in paragraphs (c)(1) through (18) of this section. All records required by this subpart must be maintained either onsite or at the nearest local field office for at least 5 years. Any records required to be maintained by this subpart that are submitted electronically via the EPA's CDX may be maintained in electronic format.
	(1) The records for each well affected facility as specified in paragraphs (c)(1)(i) through (vii) of this section, as applicable. For each well affected facility for which you make a claim that the well affected facility is not subject to the requirements for well completions pursuant to 60.5375a(g), you must maintain the record in paragraph (c)(1)(vi), only. For each well affected facility that routes flowback entirely through one or more production separators that are designed to accommodate flowback, only records of the United States Well Number, the latitude and longitude of the well in decimal degrees to an accuracy and precision of five (5) decimals of a degree using North American Datum of 1983, the Well Completion ID, and the date and time of startup of production are required. For periods where salable gas is unable to be separated, records of the date and time of onset of flowback, the duration and disposition of recovery, the duration of combustion and venting (if applicable), reasons for venting (if applicable), and deviations are required.
	(i) Records identifying each well completion operation for each well affected facility.
	(ii) Records of deviations in cases where well completion operations with hydraulic fracturing were not performed in compliance with the requirements specified in §60.5375a, including the date and time the deviation began, the duration of the deviation, and a description of the deviation.
	(iii) You must maintain the records specified in paragraphs (c)(1)(iii)(A) through (C) of this section.
	(A) For each well affected facility required to comply with the requirements of §60.5375a(a), you must record: The latitude and longitude of the well in decimal degrees to an accuracy and precision of five (5) decimals of a degree using North American Datum of 1983; the United States Well Number; the date and time of the onset of flowback following hydraulic fracturing or refracturing; the date and time of each attempt to direct flowback to a separator as required in §60.5375a(a)(1)(ii); the date and time of each occurrence of returning to the initial flowback stage under §60.5375a(a)(1)(i); and the date and time that the well was shut in and the flowback equipment was permanently disconnected, or the startup of production; the duration of flowback; duration of recovery and disposition of recovery (i.e., routed to the gas flow line or collection system, re-injected into the well or another well, used as an onsite fuel source, or used for another useful purpose that a purchased fuel or raw material would serve); duration of combustion; duration of venting; and specific reasons for venting in lieu of capture or combustion. The duration must be specified in hours. In addition, for wells where it is technically infeasible to route the recovered gas as specified in §60.5375a(a)(1)(ii), you must record the reasons for the claim of technical infeasibility with respect to all four options provided in that subparagraph.
	(B) For each well affected facility required to comply with the requirements of §60.5375a(f), you must record: latitude and longitude of the well in decimal degrees to an accuracy and precision of five (5) decimals of a degree using North American Datum of 1983; the United States Well Number; the date and time of the onset of flowback following hydraulic fracturing or refracturing; the date and time that the well was shut in and the flowback equipment was permanently disconnected, or the startup of production; the duration of flowback; duration of recovery and disposition of recovery (i.e., routed to the gas flow line or collection system, re-injected into the well or another well, used as an onsite fuel source, or used for another useful purpose that a purchased fuel or raw material would serve); duration of combustion; duration of venting; and specific reasons for venting in lieu of capture or combustion. The duration must be specified in hours.
	(C) For each well affected facility for which you make a claim that it meets the criteria of §60.5375a(a)(1)(iii)(A), you must maintain the following:
	(1) The latitude and longitude of the well in decimal degrees to an accuracy and precision of five (5) decimals of a degree using North American Datum of 1983; the United States Well Number; the date and time of the onset of flowback following hydraulic fracturing or refracturing; the date and time that the well was shut in and the flowback equipment was permanently disconnected, or the startup of production; the duration of flowback; duration of recovery and disposition of recovery (i.e., routed to the gas flow line or collection system, re-injected into the well or another well, used as an onsite fuel source, or used for another useful purpose that a purchased fuel or raw material would serve); duration of combustion; duration of venting; and specific reasons for venting in lieu of capture or combustion. The duration must be specified in hours.
	(2) If applicable, records that the conditions of §60.5375a(1)(iii)(A) are no longer met and that the well completion operation has been stopped and a separator installed. The records shall include the date and time the well completion operation was stopped and the date and time the separator was installed.
	(3) A record of the claim signed by the certifying official that no liquids collection is at the well site. The claim must include a certification by a certifying official of truth, accuracy and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
	(iv) For each well affected facility for which you claim an exception under §60.5375a(a)(3), you must record: the latitude and longitude of the well in decimal degrees to an accuracy and precision of five (5) decimals of a degree using North American Datum of 1983; the United States Well Number; the specific exception claimed; the starting date and ending date for the period the well operated under the exception; and an explanation of why the well meets the claimed exception.
	(v) For each well affected facility required to comply with both §60.5375a(a)(1) and (3), if you are using a digital photograph in lieu of the records required in paragraphs (c)(1)(i) through (iv) of this section, you must retain the records of the digital photograph as specified in §60.5410a(a)(4).
	(vi) For each well affected facility for which you make a claim that the well affected facility is not subject to the well completion standards according to 60.5375a(g), you must maintain:
	(A) A record of the analysis that was performed in order the make that claim, including but not limited to, GOR values for established leases and data from wells in the same basin and field;
	(B) the latitude and longitude of the well in decimal degrees to an accuracy and precision of five (5) decimals of a degree using North American Datum of 1983; the United States Well Number;
	(C) A record of the claim signed by the certifying official. The claim must include a certification by a certifying official of truth, accuracy, and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
	(vii) For each well affected facility subject to §60.5375a(f), a record of the well type (i.e., wildcat well, delineation well, or low pressure well (as defined §60.5430a)) and supporting inputs and calculations, if applicable.
	(2) For each centrifugal compressor affected facility, you must maintain records of deviations in cases where the centrifugal compressor was not operated in compliance with the requirements specified in §60.5380a, including a description of each deviation, the date and time each deviation began and the duration of each deviation. Except as specified in paragraph (c)(2)(viii) of this section, you must maintain the records in paragraphs (c)(2)(i) through (vii) of this section for each control device tested under §60.5413a(d) which meets the criteria in §60.5413a(d)(11) and §60.5413a(e) and used to comply with §60.5380a(a)(1) for each centrifugal compressor.
	(i) Make, model and serial number of purchased device.
	(ii) Date of purchase.
	(iii) Copy of purchase order.
	(iv) Location of the centrifugal compressor and control device in latitude and longitude coordinates in decimal degrees to an accuracy and precision of five (5) decimals of a degree using the North American Datum of 1983.
	(v) Inlet gas flow rate.
	(vi) Records of continuous compliance requirements in §60.5413a(e) as specified in paragraphs (c)(2)(vi)(A) through (E) of this section.
	(A) Records that the pilot flame is present at all times of operation.
	(B) Records that the device was operated with no visible emissions except for periods not to exceed a total of 1 minute during any 15 minute period.
	(C) Records of the maintenance and repair log.
	(D) Records of the visible emissions test following return to operation from a maintenance or repair activity, including the date of the visible emissions test, the length of the test, and the amount of time for which visible emissions were present.
	(E) Records of the manufacturer's written operating instructions, procedures and maintenance schedule to ensure good air pollution control practices for minimizing emissions.
	(vii) Records of deviations for instances where the inlet gas flow rate exceeds the manufacturer's listed maximum gas flow rate, where there is no indication of the presence of a pilot flame, or where visible emissions exceeded 1 minute in any 15-minute period, including a description of the deviation, the date and time the deviation began, and the duration of the deviation.
	(viii) As an alternative to the requirements of paragraph (c)(2)(iv) of this section, you may maintain records of one or more digital photographs with the date the photograph was taken and the latitude and longitude of the centrifugal compressor and control device imbedded within or stored with the digital file. As an alternative to imbedded latitude and longitude within the digital photograph, the digital photograph may consist of a photograph of the centrifugal compressor and control device with a photograph of a separately operating GPS device within the same digital picture, provided the latitude and longitude output of the GPS unit can be clearly read in the digital photograph.
	(3) For each reciprocating compressor affected facility, you must maintain the records in paragraphs (c)(3)(i) through (iii) of this section.
	(i) Records of the cumulative number of hours of operation or number of months since initial startup, since August 2, 2016, or since the previous replacement of the reciprocating compressor rod packing, whichever is latest. Alternatively, a statement that emissions from the rod packing are being routed to a process through a closed vent system under negative pressure.
	(ii) Records of the date and time of each reciprocating compressor rod packing replacement, or date of installation of a rod packing emissions collection system and closed vent system as specified in §60.5385a(a)(3).
	(iii) Records of deviations in cases where the reciprocating compressor was not operated in compliance with the requirements specified in §60.5385a, including the date and time the deviation began, duration of the deviation and a description of the deviation.
	(4) For each pneumatic controller affected facility, you must maintain the records identified in paragraphs (c)(4)(i) through (v) of this section, as applicable.
	(i) Records of the month and year of installation, reconstruction or modification, location in latitude and longitude coordinates in decimal degrees to an accuracy and precision of five (5) decimals of a degree using the North American Datum of 1983, identification information that allows traceability to the records required in paragraph (c)(4)(iii) or (iv) of this section and manufacturer specifications for each pneumatic controller constructed, modified or reconstructed.
	(ii) Records of the demonstration that the use of pneumatic controller affected facilities with a natural gas bleed rate greater than the applicable standard are required and the reasons why.
	(iii) If the pneumatic controller is not located at a natural gas processing plant, records of the manufacturer's specifications indicating that the controller is designed such that natural gas bleed rate is less than or equal to 6 standard cubic feet per hour.
	(iv) If the pneumatic controller is located at a natural gas processing plant, records of the documentation that the natural gas bleed rate is zero.
	(v) For each instance where the pneumatic controller was not operated in compliance with the requirements specified in §60.5390a, a description of the deviation, the date and time the deviation began, and the duration of the deviation.
	(5) For each storage vessel affected facility, you must maintain the records identified in paragraphs (c)(5)(i) through (vii) of this section.
	(i) If required to reduce emissions by complying with §60.5395a(a)(2), the records specified in §§60.5420a(c)(6) through (8), 60.5416a(c)(6)(ii), and 60.5416a(c)(7)(ii). You must maintain the records in paragraph (c)(5)(vi) of this part for each control device tested under §60.5413a(d) which meets the criteria in §60.5413a(d)(11) and §60.5413a(e) and used to comply with §60.5395a(a)(2) for each storage vessel.
	(ii) Records of each VOC emissions determination for each storage vessel affected facility made under §60.5365a(e) including identification of the model or calculation methodology used to calculate the VOC emission rate.
	(iii) For each instance where the storage vessel was not operated in compliance with the requirements specified in §§60.5395a, 60.5411a, 60.5412a, and 60.5413a, as applicable, a description of the deviation, the date and time each deviation began, and the duration of the deviation.
	(iv) For storage vessels that are skid-mounted or permanently attached to something that is mobile (such as trucks, railcars, barges or ships), records indicating the number of consecutive days that the vessel is located at a site in the crude oil and natural gas production source category. If a storage vessel is removed from a site and, within 30 days, is either returned to the site or replaced by another storage vessel at the site to serve the same or similar function, then the entire period since the original storage vessel was first located at the site, including the days when the storage vessel was removed, will be added to the count towards the number of consecutive days.
	(v) You must maintain records of the identification and location in latitude and longitude coordinates in decimal degrees to an accuracy and precision of five (5) decimals of a degree using the North American Datum of 1983 of each storage vessel affected facility.
	(vi) Except as specified in paragraph (c)(5)(vi)(G) of this section, you must maintain the records specified in paragraphs (c)(5)(vi)(A) through (H) of this section for each control device tested under §60.5413a(d) which meets the criteria in §60.5413a(d)(11) and §60.5413a(e) and used to comply with §60.5395a(a)(2) for each storage vessel.
	(A) Make, model and serial number of purchased device.
	(B) Date of purchase.
	(C) Copy of purchase order.
	(D) Location of the control device in latitude and longitude coordinates in decimal degrees to an accuracy and precision of five (5) decimals of a degree using the North American Datum of 1983.
	(E) Inlet gas flow rate.
	(F) Records of continuous compliance requirements in §60.5413a(e) as specified in paragraphs (c)(5)(vi)(F)(1) through (5) of this section.
	(1) Records that the pilot flame is present at all times of operation.
	(2) Records that the device was operated with no visible emissions except for periods not to exceed a total of 1 minute during any 15 minute period.
	(3) Records of the maintenance and repair log.
	(4) Records of the visible emissions test following return to operation from a maintenance or repair activity, including the date of the visible emissions test, the length of the test, and the amount of time for which visible emissions were present.
	(5) Records of the manufacturer's written operating instructions, procedures and maintenance schedule to ensure good air pollution control practices for minimizing emissions.
	(G) Records of deviations for instances where the inlet gas flow rate exceeds the manufacturer's listed maximum gas flow rate, where there is no indication of the presence of a pilot flame, or where visible emissions exceeded 1 minute in any 15-minute period, including a description of the deviation, the date and time the deviation began, and the duration of the deviation.
	(H) As an alternative to the requirements of paragraph (c)(5)(vi)(D) of this section, you may maintain records of one or more digital photographs with the date the photograph was taken and the latitude and longitude of the storage vessel and control device imbedded within or stored with the digital file. As an alternative to imbedded latitude and longitude within the digital photograph, the digital photograph may consist of a photograph of the storage vessel and control device with a photograph of a separately operating GPS device within the same digital picture, provided the latitude and longitude output of the GPS unit can be clearly read in the digital photograph.
	(vii) Records of the date that each storage vessel affected facility is removed from service and returned to service, as applicable.
	(6) Records of each closed vent system inspection required under §60.5416a(a)(1) and (2) and §60.5416a(b) for centrifugal compressors and reciprocating compressors, §60.5416a(c)(1) for storage vessels, or §60.5416a(e) for pneumatic pumps as required in paragraphs (c)(6)(i) through (iii) of this section.
	(i) A record of each closed vent system inspection or no detectable emissions monitoring survey. You must include an identification number for each closed vent system (or other unique identification description selected by you) and the date of the inspection.
	(ii) For each defect or leak detected during inspections required by §60.5416a(a)(1) and (2), §60.5416a(b), §60.5416a(c)(1), or §60.5416a(d), you must record the location of the defect or leak, a description of the defect or the maximum concentration reading obtained if using Method 21 of appendix A-7 of this part, the date of detection, and the date the repair to correct the defect or leak is completed.
	(iii) If repair of the defect is delayed as described in §60.5416a(b)(10), you must record the reason for the delay and the date you expect to complete the repair.
	(7) A record of each cover inspection required under §60.5416a(a)(3) for centrifugal or reciprocating compressors or §60.5416a(c)(2) for storage vessels as required in paragraphs (c)(7)(i) through (iii) of this section.
	(i) A record of each cover inspection. You must include an identification number for each cover (or other unique identification description selected by you) and the date of the inspection.
	(ii) For each defect detected during inspections required by §60.5416a(a)(3) or §60.5416a(c)(2), you must record the location of the defect, a description of the defect, the date of detection, the corrective action taken the repair the defect, and the date the repair to correct the defect is completed.
	(iii) If repair of the defect is delayed as described in §60.5416a(b)(10) or §60.5416a(c)(5), you must record the reason for the delay and the date you expect to complete the repair.
	(8) If you are subject to the bypass requirements of §60.5416a(a)(4) for centrifugal compressors or reciprocating compressors, or §60.5416a(c)(3) for storage vessels or pneumatic pumps, you must prepare and maintain a record of each inspection or a record of each time the key is checked out or a record of each time the alarm is sounded.
	(9) [Reserved]
	(10) For each centrifugal compressor or pneumatic pump affected facility, records of the schedule for carbon replacement (as determined by the design analysis requirements of §60.5413a(c)(2) or (3)) and records of each carbon replacement as specified in §60.5412a(c)(1).
	(11) For each centrifugal compressor affected facility subject to the control device requirements of §60.5412a(a), (b), and (c), records of minimum and maximum operating parameter values, continuous parameter monitoring system data, calculated averages of continuous parameter monitoring system data, results of all compliance calculations, and results of all inspections.
	(12) For each carbon adsorber installed on storage vessel affected facilities, records of the schedule for carbon replacement (as determined by the design analysis requirements of §60.5412a(d)(2)) and records of each carbon replacement as specified in §60.5412a(c)(1).
	(13) For each storage vessel affected facility subject to the control device requirements of §60.5412a(c) and (d), you must maintain records of the inspections, including any corrective actions taken, the manufacturers' operating instructions, procedures and maintenance schedule as specified in §60.5417a(h)(3). You must maintain records of EPA Method 22 of appendix A-7 of this part, section 11 results, which include: Company, location, company representative (name of the person performing the observation), sky conditions, process unit (type of control device), clock start time, observation period duration (in minutes and seconds), accumulated emission time (in minutes and seconds), and clock end time. You may create your own form including the above information or use Figure 22-1 in EPA Method 22 of appendix A-7 of this part. Manufacturer's operating instructions, procedures and maintenance schedule must be available for inspection.
	(14) A log of records as specified in §60.5412a(d)(1)(iii), for all inspection, repair and maintenance activities for each control device failing the visible emissions test.
	(15) For each collection of fugitive emissions components at a well site and each collection of fugitive emissions components at a compressor station, maintain the records identified in paragraphs (c)(15)(i) through (ix) of this section.
	(i) The date of the startup of production or the date of the first day of production after modification for each collection of fugitive emissions components at a well site and the date of startup or the date of modification for each collection of fugitive emissions components at a compressor station.
	(ii) For each collection of fugitive emissions components at a well site complying with §60.5397a(a)(2), you must maintain records of the daily production and calculations demonstrating that the rolling 12-month average is at or below 15 boe per day no later than 12 months before complying with §60.5397a(a)(2).
	(iii) For each collection of fugitive emissions components at a well site complying with §60.5397a(a)(3)(i), you must keep records of daily production and calculations for the first 30 days after completion of any action listed in paragraphs §60.5397a(a)(2)(i) through (v) demonstrating that total production from the well site is at or below 15 boe per day, or maintain records demonstrating the rolling 12-month average total production for the well site is at or below 15 boe per day.
	(iv) For each collection of fugitive emissions components at a well site complying with §60.5397a(a)(3)(ii), you must keep the records specified in paragraphs (c)(15)(i), (vi), and (vii) of this section.
	(v) For each collection of fugitive emissions components at a well site where you complete the removal of all major production and processing equipment such that the well site contains only one or more wellheads, record the date the well site completes the removal of all major production and processing equipment from the well site, and, if the well site is still producing, record the well ID or separate tank battery ID receiving the production from the well site. If major production and processing equipment is subsequently added back to the well site, record the date that the first piece of major production and processing equipment is added back to the well site.
	(vi) The fugitive emissions monitoring plan as required in §60.5397a(b), (c), and (d).
	(vii) The records of each monitoring survey as specified in paragraphs (c)(15)(vii)(A) through (I) of this section.
	(A) Date of the survey.
	(B) Beginning and end time of the survey.
	(C) Name of operator(s), training, and experience of the operator(s) performing the survey.
	(D) Monitoring instrument used.
	(E) Fugitive emissions component identification when Method 21 of appendix A-7 of this part is used to perform the monitoring survey.
	(F) Ambient temperature, sky conditions, and maximum wind speed at the time of the survey. For compressor stations, operating mode of each compressor (i.e., operating, standby pressurized, and not operating-depressurized modes) at the station at the time of the survey.
	(G) Any deviations from the monitoring plan or a statement that there were no deviations from the monitoring plan.
	(H) Records of calibrations for the instrument used during the monitoring survey.
	(I) Documentation of each fugitive emission detected during the monitoring survey, including the information specified in paragraphs (c)(15)(vii)(I)(1) through (7) of this section.
	(1) Location of each fugitive emission identified.
	(2) Type of fugitive emissions component, including designation as difficult-to-monitor or unsafe-to-monitor, if applicable.
	(3) If Method 21 of Appendix A-7 of this part is used for detection, record the component ID and instrument reading.
	(4) For each repair that cannot be made during the monitoring survey when the fugitive emissions are initially found, a digital photograph or video must be taken of that component or the component must be tagged for identification purposes. The digital photograph must include the date that the photograph was taken and must clearly identify the component by location within the site (e.g., the latitude and longitude of the component or by other descriptive landmarks visible in the picture). The digital photograph or identification (e.g., tag) may be removed after the repair is completed, including verification of repair with the resurvey.
	(5) The date of first attempt at repair of the fugitive emissions component(s).
	(6) The date of successful repair of the fugitive emissions component, including the resurvey to verify repair and instrument used for the resurvey.
	(7) Identification of each fugitive emission component placed on delay of repair and explanation for each delay of repair
	(8) Date of planned shutdowns that occur while there are any components that have been placed on delay of repair.
	(viii) For the collection of fugitive emissions components at a compressor station, if a monitoring survey is waived under §60.5397a(g)(5), you must maintain records of the average calendar month temperature, including the source of the information, for each calendar month of the quarterly monitoring period for which the monitoring survey was waived.
	(ix)  For each collection of fugitive emissions components at a well site or collection of fugitive emissions components at a compressor station complying with an alternative means of emissions limitation under §60.5399a, you must maintain the records specified by the specific alternative fugitive emissions standard for a period of at least 5 years.
	(16) For each pneumatic pump affected facility, you must maintain the records identified in paragraphs (c)(16)(i) through (v) of this section.
	(i) Records of the date, location and manufacturer specifications for each pneumatic pump constructed, modified or reconstructed.
	(ii) Records of deviations in cases where the pneumatic pump was not operated in compliance with the requirements specified in §60.5393a, including the date and time the deviation began, duration of the deviation and a description of the deviation.
	(iii) Records on the control device used for control of emissions from a pneumatic pump including the installation date, and manufacturer's specifications. If the control device is designed to achieve less than 95 percent emission reduction, maintain records of the design evaluation or manufacturer's specifications which indicate the percentage reduction the control device is designed to achieve.
	(iv) Records substantiating a claim according to §60.5393a(b)(5) that it is technically infeasible to capture and route emissions from a pneumatic pump to a control device or process; including the certification according to §60.5393a(b)(5)(ii) and the records of the engineering assessment of technical infeasibility performed according to §60.5393a(b)(5)(iii).
	(v) You must retain copies of all certifications, engineering assessments and related records for a period of five years and make them available if directed by the implementing agency.
	(17) For each closed vent system routing to a control device or process, the records of the assessment conducted according to §60.5411a(d):
	(i) A copy of the assessment conducted according to §60.5411a(d)(1);
	(ii) A copy of the certification according to §60.5411a(d)(1)(i); and
	(iii) The owner or operator shall retain copies of all certifications, assessments and any related records for a period of five years, and make them available if directed by the delegated authority.
	(18) A copy of each performance test submitted under paragraph (b)(9) of this section.
	24. Section 60.5422a is amended by revising paragraphs (a) and (b), and paragraph (c) introductory text to read as follows:
§60.5422a What are my additional reporting requirements for my affected facility subject to VOC requirements for onshore natural gas processing plants?
	(a) You must comply with the requirements of paragraphs (b) and (c) of this section in addition to the requirements of §60.487a(a), (b)(1) through (3), (b)(5), (c)(2)(i) through (iv), and (c)(2)(vii) through (viii). You must submit semiannual reports to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) Use the appropriate electronic report in CEDRI for this subpart or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the CEDRI Web site (https://www3.epa.gov/ttn/chief/cedri/). If the reporting form specific to this subpart is not available in CEDRI at the time that the report is due, submit the report to the Administrator at the appropriate address listed in §60.4. Once the form has been available in CEDRI for at least 90 days, you must begin submitting all subsequent reports via CEDRI. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted.
	(b) An owner or operator must include the following information in the initial semiannual report in addition to the information required in §60.487a(b)(1) through (3) and (b)(5): Number of pressure relief devices subject to the requirements of §60.5401a(b) except for those pressure relief devices designated for no detectable emissions under the provisions of §60.482-4a(a) and those pressure relief devices complying with §60.482-4a(c).
	(c) An owner or operator must include the information specified in paragraphs (c)(1) and (2) of this section in all semiannual reports in addition to the information required in §60.487a(c)(2)(i) through (iv) and (c)(2)(vii) through (viii):
*	*	*	*	*
	25. Section 60.5423a is amended by revising the section heading and paragraph (b) introductory text, and adding paragraph (b)(3) to read as follows:
§60.5423a What additional recordkeeping and reporting requirements apply to my sweetening unit affected facilities?
*	*	*	*	*
 	(b) You must submit a report of excess emissions to the Administrator in your annual report if you had excess emissions during the reporting period. The procedures for submitting annual reports are located in §60.5420a(b). For the purpose of these reports, excess emissions are defined as specified in paragraphs (b)(1) and (2) of this section. The report must contain the information specified in paragraph (b)(3) of this section.
*	*	*	*	*
 	(3) For each period of excess emissions during the reporting period, include the following information in your report:
	(i) The date and time of commencement and completion of each period of excess emissions;
	(ii) The required minimum efficiency (Z) and the actual average sulfur emissions reduction (R) for periods defined in paragraph (b)(1) of this section; and
	(iii) The appropriate operating temperature and the actual average temperature of the gases leaving the combustion zone for periods defined in paragraph (b)(2) of this section.
*	*	*	*	*
	26. Section 60.5430a is amended by revising the definitions for "capital expenditure", "certifying official", "compressor station", "flowback", "fugitive emissions component", "low pressure well", "maximum average daily throughput", "startup of production", and "well site"; adding in alphabetical order the definitions for "coil tubing cleanout", "custody meter", "custody meter assembly", "first attempt at repair", "major production and processing equipment", natural gas transmission and storage segment", "permanent separator", "plug drill-out", "repaired", "screenout", "UIC Class I oilfield disposal well", "UIC Class II oilfield disposal well", and "wellhead only well site"; and removing the definitions for "gas processing plant process unit", "greenfield site" to read as follows:
*	*	*	*	*
	Capital expenditure means, in addition to the definition in 40 CFR 60.2, an expenditure for a physical or operational change to an existing facility that:
	(1) Exceeds P, the product of the facility's replacement cost, R, and an adjusted annual asset guideline repair allowance, A, as reflected by the following equation: P = R x A, where:
	(i) The adjusted annual asset guideline repair allowance, A, is the product of the percent of the replacement cost, Y, and the applicable basic annual asset guideline repair allowance, B, divided by 100 as reflected by the following equation:
A = Y x (B / 100);
	(ii) The percent Y is determined from the following equation: Y = (CPI of date of construction/most recently available CPI of date of project), where the "CPI-U, U.S. city average, all items" must be used for each CPI value; and
	(iii) The applicable basic annual asset guideline repair allowance, B, is 4.5.
*	*	*	*	*
	Certifying official means one of the following:
	(1) For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities with an affected facility subject to this subpart and either:
	(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
	(ii) The Administrator is notified of such delegation of authority prior to the exercise of that authority. The Administrator reserves the right to evaluate such delegation;
	(2) For a partnership (including but not limited to general partnerships, limited partnerships, and limited liability partnerships) or sole proprietorship: A general partner or the proprietor, respectively. If a general partner is a corporation, the provisions of paragraph (1) of this definition apply;
	(3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or
	(4) For affected facilities:
	(i) The designated representative in so far as actions, standards, requirements, or prohibitions under title IV of the Clean Air Act or the regulations promulgated thereunder are concerned; or
	(ii) The designated representative for any other purposes under part 60.
	Coil tubing cleanout means the process where an operator runs a string of coil tubing to the packed proppant within a well and jets the well to dislodge the proppant and provide sufficient lift energy to flow it to the surface. Coil tubing cleanout includes mechanical methods to remove solids and/or debris from a wellbore.
*	*	*	*	*
	Custody meter means the meter where natural gas or hydrocarbon liquids are measured for sales, transfers, and/or royalty determination.
	Custody meter assembly means an assembly of fugitive emissions components, including the custody meter, valves, flanges, and connectors necessary for the proper operation of the custody meter.
*	*	*	*	*
	First attempt at repair means, for the purposes of fugitive emissions components, an action taken for the purpose of stopping or reducing fugitive emissions to the atmosphere. First attempts at repair include, but are not limited to, the following practices where practicable and appropriate: tightening bonnet bolts; replacing bonnet bolts; tightening packing gland nuts; or injecting lubricant into lubricated packing.
*	*	*	*	*
	Flowback means the process of allowing fluids and entrained solids to flow from a well following a treatment, either in preparation for a subsequent phase of treatment or in preparation for cleanup and returning the well to production. The term flowback also means the fluids and entrained solids that emerge from a well during the flowback process. The flowback period begins when material introduced into the well during the treatment returns to the surface following hydraulic fracturing or refracturing. The flowback period ends when either the well is shut in and permanently disconnected from the flowback equipment or at the startup of production. The flowback period includes the initial flowback stage and the separation flowback stage. Screenouts, coil tubing cleanouts, and plug drill-outs are not considered part of the flowback process.
	Fugitive emissions component means any component that has the potential to emit fugitive emissions of VOC at a well site or compressor station, including valves, connectors, pressure relief devices, open-ended lines, flanges, covers and closed vent systems not subject to §§60.5411 or 60.5411a, thief hatches or other openings on a controlled storage vessel not subject to §§60.5395 or 60.5395a, compressors, instruments, and meters. Devices that vent as part of normal operations, such as natural gas-driven pneumatic controllers or natural gas-driven pumps, are not fugitive emissions components, insofar as the natural gas discharged from the device's vent is not considered a fugitive emission. Emissions originating from other than the device's vent, such as the thief hatch on a controlled storage vessel, would be considered fugitive emissions.
*	*	*	*	*
	Low pressure well means a well that satisfies at least one of the following conditions:
	(1) The static pressure at the wellhead following fracturing but prior to the onset of flowback is less than the flow line pressure;
	(2) The pressure of flowback fluid immediately before it enters the flow line, as determined under §60.5432a, is less than the flow line pressure; or
	(3) Flowback of the fracture fluids will not occur without the use of artificial lift equipment.
	Major production and processing equipment means reciprocating or centrifugal compressors, glycol dehydrators, heater/treaters, separators, and storage vessels collecting crude oil, condensate, intermediate hydrocarbon liquids, or produced water, for the purpose of determining whether a well site is a wellhead only well site.
	Maximum average daily throughput means the following:
	(1) For storage vessels that commenced construction, reconstruction, or modification after September 18, 2015 and on and before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], maximum average daily throughput means the earliest calculation of daily average throughput during the 30-day PTE evaluation period employing generally accepted methods.
	(2) For storage vessels that commenced construction, reconstruction, or modification after [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], maximum average daily throughput means the earliest calculation of daily average throughput, determined as described in (3) or (4), to an individual storage vessel over the days that production is routed to that storage vessel during the 30-day PTE evaluation period employing generally accepted methods specified in §60.5365a(e)(1).
	(3) If throughput to the individual storage vessel is measured on a daily basis (e.g., via level gauge automation or daily manual gauging), the maximum average daily throughput is the average of all daily throughputs for days on which throughput was routed to that storage vessel during the 30-day evaluation period; or
	(4) If throughput to the individual storage vessel is not measured on a daily basis (e.g., via manual gauging at the start and end of loadouts), the maximum average daily throughput is the highest, of the average daily throughputs, determined for any production period to that storage vessel during the 30-day evaluation period, as determined by averaging total throughput to that storage vessel over each production period. A production period begins when production begins to be routed to a storage vessel and ends either when throughput is routed away from that storage vessel or when a loadout occurs from that storage vessel, whichever happens first.
Regardless of the determination methodology, operators must not include days during which throughput is not routed to an individual storage vessel when calculating maximum average daily throughput for that storage vessel.
*	*	*	*	*
	Plug drill-out means the removal of a plug (or plugs) that was used to isolate different sections of the well.
*	*	*	*	*
	Repaired means, for the purposes of fugitive emissions components, that fugitive emissions components are adjusted, replaced, or otherwise altered, in order to eliminate fugitive emissions as defined in §60.5397a of this subpart and resurveyed as specified in §60.5397a(h)(4) and it is verified that emissions from the fugitive emissions components are below the applicable fugitive emissions definition.
*	*	*	*	*
	Screenout means an attempt to clear proppant from the wellbore to dislodge the proppant out of the well.
*	*	*	*	*
	Startup of production means the beginning of initial flow following the end of flowback when there is continuous recovery of salable quality gas and separation and recovery of any crude oil, condensate or produced water, except as otherwise provided herein. For the purposes of the fugitive monitoring requirements of §60.5397a, startup of production means the beginning of the continuous recovery of salable quality gas and separation and recovery of any crude oil, condensate or produced water.
*	*	*	*	*
	UIC Class I oilfield disposal well means a well with a UIC Class I permit that meets the definition in 40 CFR 144.6(a)(2) and receives eligible fluids from oil and natural gas exploration and production operations.
	UIC Class II oilfield disposal well means a well with a UIC Class II permit where wastewater resulting from oil and natural gas production operations is injected into underground porous rock formations not productive of oil or gas, and sealed above and below by unbroken, impermeable strata.
*	*	*	*	*
	Well site means one or more surface sites that are constructed for the drilling and subsequent operation of any oil well, natural gas well, or injection well. For purposes of the fugitive emissions standards at §60.5397a, well site also means a separate tank battery surface site collecting crude oil, condensate, intermediate hydrocarbon liquids, or produced water from wells not located at the well site (e.g., centralized tank batteries). Also, for the purposes of the fugitive emissions standards at §60.5397a, a well site does not include (1) UIC Class II oilfield disposal wells and disposal facilities, (2) UIC Class I oilfield disposal wells, and (3) the flange immediately upstream of the custody meter assembly and equipment, including fugitive emissions components, located downstream of this flange.
*	*	*	*	*
	Wellhead only well site means, for the purposes of the fugitive emissions standards at §60.5397a, a well site that contains one or more wellheads and no major production and processing equipment.
*	*	*	*	*
	27. Table 3 to Subpart OOOOa of Part 60 is amended to revise the explanations for sections 60.8 and 60.15 General Provisions citation entries to read as follows:
Table 3 to Subpart OOOOa of Part 60 -- Applicability of General Provisions to Subpart OOOOa
General provisions
citation
Subject of citation
Applies to subpart?
Explanation
*	*	*	*	*	*	*
§60.8......
Performance tests...
Yes....
Except that the format of performance test reports is described in §60.5420a(b). Performance testing is required for control devices used on storage vessels, centrifugal compressors, and pneumatic pumps, except that performance testing is not required for a control device used solely on pneumatic pump(s).
*	*	*	*	*	*	*
§60.15.....
Reconstruction.....
Yes....
Except that §60.15(d) does not apply to wells, pneumatic controllers, pneumatic pumps, centrifugal compressors, reciprocating compressors, storage vessels, or the collection of fugitive emissions components at a well site or the collection of fugitive emissions components at a compressor station.
*	*	*	*	*	*	*


[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87334-87336]
[FR Doc No: 2023-27679]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1505; Project Identifier MCAI-2023-00246-T;
Amendment 39-22622; AD 2023-24-05]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes.
This AD was prompted by sleeve loops on some passenger oxygen mask
lanyards that had improper crimping and unsealed ends. This AD requires
an inspection of the passenger oxygen mask lanyards and replacement of
defective oxygen mask lanyards. This AD also prohibits the installation
of affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective January 22, 2024.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 22,
2024.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1505; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
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.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>website
bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-1505.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2B16 (604 Variant) airplanes. The NPRM published in
the Federal Register on July 25, 2023 (88 FR 47827). The NPRM was
prompted by AD CF-2023-06, dated February 9, 2023 (referred to after
this as the MCAI), issued by Transport Canada, which is the aviation
authority for Canada. The MCAI states the sleeve loops on certain
passenger oxygen mask lanyards were found to have improper crimping and
unsealed ends.
    In the NPRM, the FAA proposed to require an inspection of the
passenger oxygen mask lanyards and replacement of defective oxygen mask
lanyards. In the NPRM, the FAA also proposed to prohibit the
installation of affected parts. The FAA is issuing this AD to address
these defective oxygen mask lanyards, which could result in no oxygen
flow to the mask during an emergency.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1505.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Bombardier. The following presents
the comment received on the NPRM and the FAA's response to the comment.

Request for Removal of Certain Variants

    Bombardier requested that the proposed AD be revised to remove
reference to 601-3A and 601-3R Variants. The commenter stated that the
proposed AD only applies to Model CL-600-2B16 (604 Variant) airplanes
(Challenger 605 designation). Bombardier noted that the airplane serial
numbers given in Bombardier Service Bulletin 605-35-008, dated October
28, 2022, and referenced in Transport Canada AD CF-2023-06, are all
Model CL-600-2B16 (604 Variant) airplanes.
    The FAA agrees for the reasons provided. The FAA revised the
Summary, Background, and paragraph (c) of this AD accordingly.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 605-35-008, dated
October 28, 2022. This service information specifies procedures for a
visual inspection of the existing passenger oxygen mask lanyards
installed in the cabin or lavatory oxygen box assemblies, and
replacement of the defective oxygen mask lanyards. The

defective oxygen mask lanyards had improperly crimped sleeve loops and
unsealed ends.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 120 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  1 work-hour x $85 per                 $0             $85         $10,200
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  2 work-hours x $85 per hour = $170.          $1,149          $1,319
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

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

    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.

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-24-05 Bombardier, Inc.: Amendment 39-22622; Docket No. FAA-
2023-1505; Project Identifier MCAI-2023-00246-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (604
Variant) airplanes, certificated in any category, serial numbers
identified in Bombardier Service Bulletin 605-35-008, dated October
28, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen
System.

(e) Unsafe Condition

    This AD was prompted by sleeve loops on some passenger oxygen
mask lanyards that had improper crimping and unsealed ends. The FAA
is issuing this AD to address the defective oxygen mask lanyards.
The unsafe condition, if not addressed, could result in no oxygen
flow to the mask during an emergency.

(f) Compliance

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

(g) Inspection of the Passenger Oxygen Mask Assemblies

    Within 48 months from the effective date of this AD, visually
inspect the passenger oxygen mask lanyards in the cabin or lavatory
oxygen box assemblies as applicable for crimped lanyards and sealed
ends, in accordance with paragraph 2.C. of the Accomplishment
Instructions of Bombardier Service Bulletin 605-35-008, dated
October 28, 2022.
    (1) If all passenger oxygen mask lanyards are crimped and the
lanyard ends are sealed: No further action is required by this
paragraph.
    (2) If any passenger oxygen mask lanyard is not crimped
properly, or any lanyard end is not sealed properly: Before further
flight, replace the passenger oxygen mask lanyard in accordance with
Section 2.D. of the Accomplishment Instructions of Bombardier

Service Bulletin 605-35-008, dated October 28, 2022.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a passenger oxygen mask lanyard assembly provided with
an oxygen box lanyard kit containing a lot number in paragraph
(h)(1) or (2) of this AD.
    (1) Oxygen box lanyard kit part number (P/N) CDKC29-006-501, lot
number<PHONE_NUMBER>,<PHONE_NUMBER>,<PHONE_NUMBER>,<PHONE_NUMBER>,<PHONE_NUMBER>,
2104003817, or<PHONE_NUMBER>.
    (2) Oxygen box lanyard kit P/N CDKC29-006-503, lot number
2011029525,<PHONE_NUMBER>,<PHONE_NUMBER>, or<PHONE_NUMBER>.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager,
International Validation Branch, mail it to the address identified
in paragraph (j)(2) of this AD or email to: [email protected]. If mailing information, also submit information by
email. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada or Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2023-06, dated February 9,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1505.
    (2) For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 605-35-008, dated October 28,
2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27679 Filed 12-15-23; 8:45 am]
BILLING CODE 4910-13-P