[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80827-80830]
[FR Doc No: 2015-32537]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76709; File No. SR-BATS-2015-115]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

December 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 December 17, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the Market Data section of
its fee schedule to: (i) Adopt definitions for the terms ``Non-Display
Usage'' and ``Trading Platforms''; and (ii) amend the fees for TCP
Depth and Multicast Depth data products,\5\ also known as BZX Depth, to
increase the Internal Distributor fee and adopt a new fee for Non-
Display Usage.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 11.22(a) and (c).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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 Exchange 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 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 amend the Market Data section of its fee
schedule to: (i) adopt definitions for the terms ``Non-Display Usage''
and ``Trading Platforms''; and (ii) amend the fees for BZX Depth to
increase the Internal Distributor fee and adopt a new fee for Non-
Display Usage.
Definitions
    The Exchange proposes to adopt definitions for the terms ``Non-
Display Usage'' and ``Trading Platforms''. The proposed definitions are
designed to provide greater transparency with regard to how the
Exchange assesses fees for market data. Non-Display Usage would be
defined as ``any method of accessing a Market Data product that
involves access or use by a machine or automated device without access
or use of a display by a natural person or persons.'' \6\ The term
Trading Platform would be defined as ``any execution platform operated
as or by a registered National Securities Exchange (as defined in
Section 3(a)(1) of the Exchange Act), an Alternative Trading System (as
defined in Rule 300(a) of Regulation ATS), or an Electronic
Communications Network (as defined in Rule 600(b)(23) of Regulation
NMS).'' \7\
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    \6\ The proposed definition of Non-Display Usage is
substantially similar to Nasdaq Stock Market LLC (``Nasdaq'') Rule
7023(a)(2)(B), which defines Non-Display Usage as ``any method of
accessing Depth-of-Book data that involves access or use by a
machine or automated device without access or use of a display by a
natural person or persons.
    \7\ The proposed definition of Trading Platform is identical the
definition of Trading Platform under Nasdaq Rule 7023(a)(7).
---------------------------------------------------------------------------

BZX Depth Fees
    BZX Depth is an uncompressed market data feed that provides depth-
of-book quotations and execution information based on equity orders
entered into the System.\8\
---------------------------------------------------------------------------

    \8\ See Exchange Rule 11.22(a) and (c).
---------------------------------------------------------------------------

    Internal Distributor Fee. Currently, the Exchange charges fees for
both internal and external distribution of BZX Depth. The cost of BZX
Depth for an Internal Distributor \9\ is currently $1,000 per month.
The Exchange also separately charges an External Distributor \10\ of
BZX Depth a flat fee of $5,000 per month. The Exchange does not charge
Internal and External Distributors separate display User \11\ fees. The
Exchange now proposes to increase the fee for Internal Distributors
from $1,000 per month to $1,500 per month. The Exchange does not
proposes to amend its fees for External Distributors.
---------------------------------------------------------------------------

    \9\ An ``Internal Distributor'' is defined as ``a Distributor
that receives the Exchange Market Data product and then distributes
that data to one or more Users within the Distributor's own
entity.'' See the Exchange Fee Schedule available at http://batstrading.com/support/fee_schedule/bzx/. A ``Distributor'' is
defined as ``any entity that receives the Exchange Market Data
product directly from the Exchange or indirectly through another
entity and then distributes it internally or externally to a third
party.'' Id.
    \10\ An ``External Distributor'' is defined as ``a Distributor
that receives the Exchange Market Data product and then distributes
that data to a third party or one or more Users outside the
Distributor's own entity.'' Id.
    \11\ A ``User'' is defined as ``a natural person, a
proprietorship, corporation, partnership, or entity, or device
(computer or other automated service), that is entitled to receive
Exchange data.'' Id.
---------------------------------------------------------------------------

    Non-Display Usage Fee. The Exchange also proposes to adopt a new
fee for Non-Display Usage by Trading Platforms, which is similar to
fees currently being charged by Nasdaq and the New York Stock Exchange,
Inc. (``NYSE'').\12\ As proposed, subscribers to

BZX Depth would pay a fee of $5,000 per month for Non-Display Usage of
BZX Depth by its Trading Platforms. Trading Platforms, as defined
above, include registered National Securities Exchanges, Alternative
Trading Systems (``ATSs''), and Electronic Communications Networks
(``ECNs'') as those terms are defined in the Exchange Act and
regulations and rules thereunder. The fee would be assessed in addition
to existing Distributor fees. The fee of $,5000 per month would
represent the maximum charge per subscriber regardless of the number of
Trading Platforms the subscriber operates and receive the data for Non-
Display Usage. For example, if a subscriber operates three Trading
Platforms that receives BZX Depth for Non-Displayed Usage, that
subscriber would continue to pay a total fee of $5,000 per month,
rather than paying $15,000 per month for its three Trading Platforms
($5,000 for each Trading Platform).
---------------------------------------------------------------------------

    \12\ See Nasdaq Rule 7023(d) (setting forth a Trading Platform
Fee of $5,000 per trading platform up to a maximum of three trading
platforms for depth-of-book data). See also NYSE Market Data Fees,
November 2015 (providing a monthly fee for non-display usage of
$5,000 for NYSE OpenBook).
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement the proposed changes to its fee
schedule on January 4, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\13\ in general, and
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other recipients of
Exchange data. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
recipients of Exchange data. The Exchange believes the proposed fees
are competitive with those charged by other venues and, therefore,
reasonable and equitably allocated to recipients. Lastly, the Exchange
also believes that the proposed fees are reasonable and non-
discriminatory because they will apply uniformly to all recipients of
Exchange data.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \15\ in that it supports (i)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(ii) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\16\ which provides that any national securities
exchange that distributes information with respect to quotations for or
transactions in an NMS stock do so on terms that are not unreasonably
discriminatory. In adopting Regulation NMS, the Commission granted
self-regulatory organizations and broker-dealers increased authority
and flexibility to offer new and unique market data to the public. It
was believed that this authority would expand the amount of data
available to consumers, and also spur innovation and competition for
the provision of market data.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78k-1.
    \16\ See 17 CFR 242.603.
---------------------------------------------------------------------------

    In addition, the proposed fees would not permit unfair
discrimination because all of the Exchange's subscribers will be
subject to the proposed fees on an equivalent basis. BZX Depth is
distributed and purchased on a voluntary basis, in that neither the
Exchange nor market data distributors are required by any rule or
regulation to make this data available. Accordingly, Distributors and
Users can discontinue use at any time and for any reason, including due
to an assessment of the reasonableness of fees charged. Firms have a
wide variety of alternative market data products from which to choose,
such as similar proprietary data products offered by other exchanges
and consolidated data. Moreover, the Exchange is not required to make
any proprietary data products available or to offer any specific
pricing alternatives to any customers.
    In addition, the fees that are the subject of this rule filing are
constrained by competition. As explained below in the Exchange's
Statement on Burden on Competition, the existence of alternatives to
BZX Depth further ensures that the Exchange cannot set unreasonable
fees, or fees that are unreasonably discriminatory, when subscribers
can elect such alternatives. That is, the Exchange competes with other
exchanges (and their affiliates) that provide similar market data
products. If another exchange (or its affiliate) were to charge less to
consolidate and distribute its similar product than the Exchange
charges to consolidate and distribute BZX Depth, prospective Users
likely would not subscribe to, or would cease subscribing to, BZX
Depth.
    The Exchange notes that the Commission is not required to undertake
a cost-of-service or rate-making approach. The Exchange believes that,
even if it were possible as a matter of economic theory, cost-based
pricing for non-core market data would be so complicated that it could
not be done practically.\17\
---------------------------------------------------------------------------

    \17\ The Exchange believes that cost-based pricing would be
impractical because it would create enormous administrative burdens
for all parties, including the Commission, to cost-regulate a large
number of participants and standardize and analyze extraordinary
amounts of information, accounts, and reports. In addition, it is
impossible to regulate market data prices in isolation from prices
charged by markets for other services that are joint products. Cost-
based rate regulation would also lead to litigation and may distort
incentives, including those to minimize costs and to innovate,
leading to further waste. Under cost-based pricing, the Commission
would be burdened with determining a fair rate of return, and the
industry could experience frequent rate increases based on
escalating expense levels. Even in industries historically subject
to utility regulation, cost-based ratemaking has been discredited.
As such, the Exchange believes that cost-based ratemaking would be
inappropriate for proprietary market data and inconsistent with
Congress's direction that the Commission use its authority to foster
the development of the national market system, and that market
forces will continue to provide appropriate pricing discipline. See
Appendix C to NYSE's comments to the Commission's 2000 Concept
Release on the Regulation of Market Information Fees and Revenues,
which can be found on the Commission's Web site at http://www.sec.gov/rules/concept/s72899/buck1.htm. See also Securities
Exchange Act Release No. 73816 (December 11, 2014), 79 FR 75200
(December 17, 2014) (SR-NYSE-2014-64) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change to Establish an
Access Fee for the NYSE Best Quote and Trades Data Feed, Operative
December 1, 2014).
---------------------------------------------------------------------------

    The proposed amendment to the Internal Distributor fee for BZX
Depth is also equitable and reasonable as, despite the increase, the
fee proposed continues to be less than similar fees currently charged
by Nasdaq and NYSE for their depth-of-book data products.\18\ In
addition, the proposed Non-Display Usage fee by Trading Platforms for
BZX Depth is equitable and reasonable as the fees proposed are equal
to, and in some cases less than, similar fees currently charged by
Nasdaq for its depth-of-book data. Like as proposed by the Exchange,
Nasdaq charges subscribers to its depth-of-book data utilized by
trading platforms on a non-displayed basis $5,000 per month.\19\
However, unlike the Exchange, a subscriber utilizing Nasdaq depth-of-
book data on more than one Trading Platform would pay

$5,000 per month for each up to a maximum fee of $15,000. The Exchange
proposes to charge the same rate regardless of the number of Trading
Platforms receiving the data for Non-Display Usage operated by that
subscriber.
---------------------------------------------------------------------------

    \18\ See Nasdaq Rule 7023(c) (providing for fees of $25,000 to
$500,000 to internal distributors of Nasdaq Depth-of-Book products).
See also NYSE Market Data Fees, November 2015 (providing a $5,000
per month access fee for NYSE OpenBook).
    \19\ See Nasdaq Rule 7023(d). See also NYSE Market Data Fees,
November 2015 (providing a monthly fee for non-display usage of
$5,000 for NYSE OpenBook).
---------------------------------------------------------------------------

    The Trading Platform fee is also equitable and reasonable in that
it ensures that heavy users of the BZX Depth pay an equitable share of
the total fees. Currently, External Distributors pay higher fees than
Internal Distributors based upon their assumed higher usage levels. The
Exchange believes that Trading Platforms are generally high users of
the data, using it to power a matching engine for millions or even
billions of trading messages per day.
    Lastly, the Exchange believes that the proposed definitions are
reasonable because they are designed to provide greater transparency to
Members with regard to how the Exchange would assess the proposed fee
for Non-Display Usage of BZX Depth by Trading Platforms. The Exchange
believes that Members would benefit from clear guidance in its fee
schedule describing the manner in which is assess fees. These
definitions are intended to make the fee schedule clearer and less
confusing for investors and eliminate potential investor confusion,
thereby removing impediments to and perfecting the mechanism of a free
and open market and a national market system, and, in general,
protecting investors and the public interest. Lastly, the proposed
definitions are based on existing rules of Nasdaq.\20\
---------------------------------------------------------------------------

    \20\ Nasdaq Rules 7023(a)(2)(B) and (a)(7).
---------------------------------------------------------------------------

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, as amended. The
Exchange's ability to price BZX Depth is constrained by: (i)
competition among exchanges, other trading platforms, and Trade
Reporting Facilities (``TRF'') that compete with each other in a
variety of dimensions; (ii) the existence of inexpensive real-time
consolidated data and market-specific data and free delayed data; and
(iii) the inherent contestability of the market for proprietary data.
    The Exchange and its market data products are subject to
significant competitive forces and the proposed fees represent
responses to that competition. To start, the Exchange competes
intensely for order flow. It competes with the other national
securities exchanges that currently trade equities, with electronic
communication networks, with quotes posted in FINRA's Alternative
Display Facility, with alternative trading systems, and with securities
firms that primarily trade as principal with their customer order flow.
    In addition, BZX Depth competes with a number of alternative
products. For instance, BZX Depth does not provide a complete picture
of all trading activity in a security. Rather, the other national
securities exchanges, the several TRFs of FINRA, and ECNs that produce
proprietary data all produce trades and trade reports. Each is
currently permitted to produce depth-of-book information products, and
many currently do, including Nasdaq and NYSE.
    In sum, the availability of a variety of alternative sources of
information imposes significant competitive pressures on Exchange data
products and the Exchange's compelling need to attract order flow
imposes significant competitive pressure on the Exchange to act
equitably, fairly, and reasonably in setting the proposed data product
fees. The proposed data product fees are, in part, responses to that
pressure. The Exchange believes that the proposed fees would reflect an
equitable allocation of its overall costs to users of its facilities.
    In addition, when establishing the proposed fees, the Exchange
considered the competitiveness of the market for proprietary data and
all of the implications of that competition. The Exchange believes that
it has considered all relevant factors and has not considered
irrelevant factors in order to establish fair, reasonable, and not
unreasonably discriminatory fees and an equitable allocation of fees
among all Users. The existence of alternatives to BZX Depth, including
existing similar feeds by other exchanges, consolidated data, and
proprietary data from other sources, ensures that the Exchange cannot
set unreasonable fees, or fees that are unreasonably discriminatory,
when subscribers can elect these alternatives or choose not to purchase
a specific proprietary data product if its cost to purchase is not
justified by the returns any particular vendor or subscriber would
achieve through the purchase.
    The Exchange believes the proposed increase to the Internal
Distributor fee and adoption of the fee for Non-Display Usage by
Trading Platforms for BZX Depth would increase competition amongst the
exchanges that offer depth-of-book products. The Exchange notes that,
despite the proposed increase, the Internal Distribution fee for BZX
Depth continues to be less than similar fees currently charged by
Nasdaq and NYSE for its depth-of-book data.\21\ In addition, the
proposed Non-Display Usage fee by Trading Platforms is equal to, and in
some cases less than, similar fees currently charged by Nasdaq for its
Depth-of-Book data.\22\
---------------------------------------------------------------------------

    \21\ See supra note 18.
    \22\ See supra note 19.
---------------------------------------------------------------------------

    Lastly, the proposed definitions will not result in any burden on
competition. The Exchange believes that Members would benefit from
clear guidance in its fee schedule describing the manner in which is
assess fees. These definitions are intended to make the fee schedule
clearer and less confusing for investors and are not designed to have a
competitive impact.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \23\ and paragraph (f) of Rule 19b-4
thereunder.\24\ 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-BATS-2015-115 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-BATS-2015-115. 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 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 o File Number SR-BATS-2015-115, and should be
submitted on or before January 19, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-32537 Filed 12-24-15; 8:45 am]
 BILLING CODE 8011-01-P


1,509
                                                                         7,995
                                                                             $0
                                                                       $357,000
Submit Information in the Event of Certain Discharges of Oil
                                                                             2
                                                                             2
                                                                             -
                                                                             -
                                                                             5
                                                                             $0
                                                                           $394
Revise the SPCC Plan
                                                                             6
                                                                            33
                                                                             5
                                                                             4
                                                                            48
                                                                             $0
                                                                        $11,400
Maintain the SPCC Plan and Keep Records
                                                                             -
                                                                         5,804
                                                                             -
                                                                             -
                                                                         5,804
                                                                             $0
                                                                       $452,000
TOTAL
                                                                         3,879
                                                                        53,900
                                                                        15,800
                                                                         7,246
                                                                        80,800
                                                                             $0
                                                                     $8,099,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.

Exhibit 15
               Total Annual Burden and Costs for All Facilities
Average Category II Facilities (Includes Private, State and Local Government, and Federal Government)
 Activity
                            Annual Burden Hours[1]
                              Total Burden Hours
                                   PE Costs
                                    (2021$)
                            Annual Costs (2021$)[2]

                                  Management
                                   Technical
                                    Drafter
                                   Clerical

Existing Facilities
Review the SPCC Plan
                                                                        62,100
                                                                       931,300
                                                                             -
                                                                        62,100
                                                                     1,055,500
                                                                             $0
                                                                   $120,626,000
Submit Information in the Event of Certain Discharges of Oil
                                                                           349
                                                                           349
                                                                             -
                                                                             -
                                                                           698
                                                                             $0
                                                                        $58,200
Revise the SPCC Plan
                                                                       100,900
                                                                       605,400
                                                                        60,500
                                                                        80,700
                                                                       787,000
                                                                   $103,688,000
                                                                       $189,650
Maintain the SPCC Plan and Keep Records
                                                                             -
                                                                       853,800
                                                                             -
                                                                             -
                                                                       853,800
                                                                             $0
                                                                    $66,436,000
TOTAL
                                                                       163,300
                                                                     2,390,800
                                                                        60,500
                                                                       142,800
                                                                     2,757,500
                                                                   $103,688,000
                                                                   $385,711,000
New Facilities
Prepare an SPCC Plan
                                                                        27,400
                                                                       381,200
                                                                       148,100
                                                                        50,100
                                                                       606,800
                                                                    $23,992,000
                                                                    $90,285,000
Prepare a Contingency Plan
                                                                         6,371
                                                                        33,800
                                                                             -
                                                                         9,352
                                                                        49,500
                                                                             $0
                                                                     $2,212,000
Submit Information in the Event of Certain Discharges of Oil
                                                                            15
                                                                            15
                                                                             -
                                                                             -
                                                                            29
                                                                             $0
                                                                         $2,444
Revise the SPCC Plan
                                                                            47
                                                                           281
                                                                            29
                                                                            38
                                                                            395
                                                                        $48,100
                                                                        $92,300
Maintain the SPCC Plan and Keep Records
                                                                             -
                                                                        13,700
                                                                             -
                                                                             -
                                                                        13,700
                                                                             $0
                                                                     $1,069,000
TOTAL
                                                                        33,800
                                                                       429,100
                                                                       148,100
                                                                        59,500
                                                                       670,500
                                                                    $24,040,000
                                                                    $93,660,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.

Exhibit 16
               Total Annual Burden and Costs for All Facilities
Average Category III Facilities (Includes Private, State and Local Government, and Federal Government)
 Activity
                            Annual Burden Hours[1]
                              Total Burden Hours

                                   PE Costs
                                    (2021$)
                            Annual Costs (2021$)[2]

                                  Management
                                   Technical
                                    Drafter
                                   Clerical

Existing Facilities
Review the SPCC Plan
                                                                        37,400
                                                                       561,100
                                                                             -
                                                                        37,400
                                                                       635,900
                                                                             $0
                                                                    $72,677,000
Submit Information in the Event of Certain Discharges of Oil
                                                                           114
                                                                           114
                                                                             -
                                                                             -
                                                                           228
                                                                             $0
                                                                        $19,000
Revise the SPCC Plan
                                                                        60,800
                                                                       364,700
                                                                        29,600
                                                                        48,600
                                                                       474,200
                                                                    $62,095,000
                                                                   $118,648,000
Maintain the SPCC Plan and Keep Records
                                                                             -
                                                                       339,000
                                                                             -
                                                                             -
                                                                       339,000
                                                                             $0
                                                                    $26,377,000
TOTAL
                                                                        98,300
                                                                     1,264,900
                                                                         29,600
                                                                        86,000
                                                                     1,478,900
                                                                    $62,095,000
                                                                   $217,720,000
New Facilities
Prepare an SPCC Plan
                                                                        17,100
                                                                       224,300
                                                                        92,200
                                                                        18,400
                                                                       352,000
                                                                    $14,043,000
                                                                    $52,518,000
Prepare a Contingency Plan
                                                                         2,005
                                                                        10,600
                                                                             -
                                                                         2,944
                                                                        15,600
                                                                             $0
                                                                       $696,000
Submit Information in the Event of Certain Discharges of Oil
                                                                             5
                                                                             5
                                                                             -
                                                                             -
                                                                             9
                                                                             $0
                                                                           $769
Revise the SPCC Plan
                                                                            28
                                                                           166
                                                                            14
                                                                            22
                                                                           229
                                                                            $59
                                                                             $0
Maintain the SPCC Plan and Keep Records
                                                                             -
                                                                         6,135
                                                                             -
                                                                             -
                                                                         6,135
                                                                             $0
                                                                       $477,000
TOTAL
                                                                        19,100
                                                                       241,200
                                                                        92,300
                                                                        21,400
                                                                       374,000
                                                                    $14,043,000
                                                                    $53,693,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.

Exhibit 17
               Total Annual Burden and Costs for All Facilities
Average Category IV Facilities (Includes Private, State and Local Government, and Federal Government)
 Activity
                            Annual Burden Hours[1]
                              Total Burden Hours
                                   PE Costs
                                    (2021$)
                            Annual Costs (2021$)[2]

                                  Management
                                   Technical
                                    Drafter
                                   Clerical

Existing Facilities
Review the SPCC Plan
                                                                         2,825
                                                                        42,700
                                                                             -
                                                                         2,825
                                                                        48,300
                                                                             $0
                                                                     $5,521,000
Submit Information in the Event of Certain Discharges of Oil
                                                                             5
                                                                             5
                                                                             -
                                                                             -
                                                                            10
                                                                             $0
                                                                           $818
Revise the SPCC Plan
                                                                         4,684
                                                                        27,500
                                                                         1,700
                                                                         3,672
                                                                        35,900
                                                                     $4,734,000
                                                                     $8,966,000
Maintain the SPCC Plan and Keep Records
                                                                         1,200
                                                                        38,800
                                                                             -
                                                                         2,401
                                                                        42,400
                                                                             $0
                                                                     $2,810,000
TOTAL
                                                                         8,714
                                                                       109,000
                                                                         1,700
                                                                         8,897
                                                                       126,600
                                                                     $4,734,000
                                                                    $17,298,000
New Facilities
Prepare an SPCC Plan
                                                                         1,198
                                                                        13,900
                                                                         4,489
                                                                         1,494
                                                                        21,100
                                                                       $894,000
                                                                     $3,198,000
Prepare a Contingency Plan
                                                                            72
                                                                           381
                                                                             -
                                                                           105
                                                                           558
                                                                             $0
                                                                        $24,900
Submit Information in the Event of Certain Discharges of Oil
                                                                             0
                                                                             0
                                                                             -
                                                                             -
                                                                             0
                                                                             $0
                                                                            $28
Revise the SPCC Plan
                                                                             2
                                                                            11
                                                                             1
                                                                             1
                                                                            14
                                                                         $1,805
                                                                         $3,357
Maintain the SPCC Plan and Keep Records
                                                                             -
                                                                           780
                                                                             -
                                                                             -
                                                                           780
                                                                             $0
                                                                        $60,700
TOTAL
                                                                         1,272
                                                                        15,100
                                                                         4,490
                                                                         1,601
                                                                        22,400
                                                                       $895,000
                                                                     $3,287,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.

 	The total estimated burden hours and costs incurred by all new and existing facilities are summarized in Exhibit 18. The exhibit shows the burden and cost components for each year of this ICR, along with three-year total and annual costs.

Exhibit 18
               Estimated Total Burden and Costs for Facilities
    (Includes Private, State and Local Government, and Federal Government)
                                     Year
                         Total Burden (million hours)
                         Total Cost (2021$, millions)

                                     Labor
                                    O&M
                                     Total
First
                                                                            6.6
                                                                           $686
                                                                          $208
                                                                           $895
Second
                                                                            6.6
                                                                          $687
                                                                          $209
                                                                          $896
Third
                                                                            6.7
                                                                          $688
                                                                          $209
                                                                          $898
Three-Year Total
                                                                           19.9
                                                                        $2,061
                                                                          $626
                                                                        $2,689
Annual
                                                                            6.6
                                                                          $687
                                                                          $209
                                                                          $896

6(f) 	Reasons for the Change in Burden

	Differences in burden and costs from the previous ICR are attributed to adjustments for wage rates and the projected universe of facilities over the covered period 2023 through 2025. Adjustments capture updates to the number of affected facilities and wages.

	Exhibit 19 presents the annual burden hours and costs. In total, the burden hours presented in this ICR have increased relative to the currently approved OMB inventory. The new burden estimate shows a net annual increase of approximately 335,200 hours (five percent increase from the current inventory) due to both the addition of drafter hours in SPCC plan revisions and changes in the universe of regulated facilities after accounting for changes in the numbers and types of existing and newly regulated facilities in the new ICR period. Overall, the universe of regulated facilities is estimated to be less than one percent lower on average during the three years covered by this ICR renewal than the current universe (550,400 respondents vs. 550,700 respondents). However, a slightly higher proportion of this universe consists of regulated facilities with a relatively greater unit burden, including a greater number of new facilities across all categories.

	Annual O&M costs are estimated to increase by approximately $7,722,000 (four percent) in nominal terms relative to the estimate in the expiring ICR. These increases are due to higher labor, capital and O&M unit costs due to inflation.

Exhibit 19
      Total Estimated Annual Burden Hours and Annualized Costs Comparison
    (Includes Private, State and Local Government, and Federal Government)

                              Annual Burden Hours
                                O&M Costs
                                (2021$,1,000s)
Current OMB Inventory Burden
                                                                      6,309,523
                                                                      $201,002
Change in Burden
                                                                        335,211
                                                                        $7,722
SPCC Final Rule Collection Burden
                                                                      6,644,734
                                                                      $208,724
[1]Currently approved cost are presented in $2018.

 	The exhibits below present the change in burden (hours and costs) for private and state and local government facilities compared to the burden estimates currently approved by OMB. Exhibit 20 shows the change in burden for all facilities, except for facilities owned or operated by the federal government. Private facilities are broken out separately in Exhibit 21, and State and Local Government facilities, in Exhibit 22.

Exhibit 20
Total Estimated Annual Burden and Costs Comparison: All Respondent Facilities Except for Federal Facilities

                                Total Requested
                              Currently Approved
                         Change Due to EPA Discretion
                              Due to EPA Estimate
Annual Responses
                                                                       549,362
                                                                        549,785
                                                                              0
                                                                           -423
Annual Hour Burden
                                                                     6,625,194
                                                                     6,309,523
                                                                              0
                                                                       315,671
Annual Cost Burden (Capital/Startup and O&M costs)
                                                                  $208,724,033
                                                                  $201,002,128
                                                                             $0
                                                                     $7,721,905
[1]Annual Responses and Annual Hour Burden values in the column, Due to EPA Estimate, do not equal the sums of these values in Exhibits 21 and 22 for private facilities and state and local government facilities, respectively because the Currently Approved values are rounded while Total Requested values are not. This creates a small discrepancy when the private and state and local government figures are summed, and the total is compared to the All Respondent Facilities totals in Exhibit 20.
[2]Currently approved cost are presented in $2018.

Exhibit 21
    Total Estimated Annual Burden and Costs Comparison: Private Facilities

                                Total Requested
                              Currently Approved
                         Change Due to EPA Discretion
                              Due to EPA Estimate
Annual Responses
                                                                       548,749
                                                                       549,218
                                                                              0
                                                                           -469
Annual Hour Burden
                                                                     6,621,999
                                                                     6,306,549
                                                                              0
                                                                       315,450
Annual Cost Burden (Capital/Startup and O&M costs)
                                                                   $208,724,033
                                                                  $201,002,128
                                                                             $0
                                                                     $7,721,905
[1] Annual Responses and Annual Hour Burden values in the column, Due to EPA Estimates, do not equal the sums of these figures in Exhibits 21 and 22 for private facilities and state and local government facilities, respectively, because the Currently Approved values are rounded while Total Requested values are not. This creates a small discrepancy when the private and state and local government figures are summed, and the total is compared to the All Respondent Facilities totals in Exhibit 20.
[2]Currently approved cost are presented in $2018.

Exhibit 22
             Total Estimated Annual Burden and Costs Comparison:
                     State and Local Government Facilities

                                Total Requested
                              Currently Approved
                                  Change Due
                               to EPA Discretion
                              Due to EPA Estimate
Annual Responses
                                                                           612
                                                                           566
                                                                              0
                                                                          46[1]
Annual Hour Burden
                                                                         3,195
                                                                         2,974
                                                                              0
                                                                         221[1]
Annual Cost Burden (Capital/Startup and O&M costs)
                                                                            $0
                                                                             0
                                                                             $0
                                                                             $0

1 Annual Responses and Annual Hour Burden values in the column, Due to EPA Estimates, do not equal the sums of these figures in Exhibits 21 and 22 for private facilities and state and local government facilities, respectively, because the Currently Approved values are rounded while Total Requested values are not. This creates a small discrepancy when the private and state and local government figures are summed, and the total is compared to the All Respondent Facilities totals in Exhibit 20.

 Annual Respondent Burden

                                  Respondents
                                     Hours
                                    O&M
 Private
                                                                        548,749
                                                                      6,621,999
                                                                  $208,724,033
 State/Local
                                                                           612
                                                                          3,195
                                                                            $0
 Total
                                                                        549,362
                                                                      6,625,194
                                                                  $208,724,033

 Total estimated private and state and local government respondent annual cost (including labor) for this collection is $893,604,697.

6(g) 	Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is approximately 12 hours per response. For newly regulated facilities, it is estimated to range from 13 to 204 hours per facility, with an average burden of approximately 57 hours per response. The annual public reporting and recordkeeping burden for facilities already regulated by the rule is estimated to range from 4 to 39 hours, with an average burden of approximately 10 hours.

	Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and chapter 15 of 48 CFR.

	To comment on EPA's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OPA-2007-0584, which is available for online viewing at www.regulations.gov, or in person viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Superfund Docket is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, comments can be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OPA-2007-0584 and OMB Control Number 2050-0021 in any correspondence.

                                  APPENDIX A

                         SPCC ICR Consultation Script

Hello [PE contact name], my name is [contractor name], and I work for ICF. We are a contractor for the U.S. Environmental Protection Agency. Every three years, EPA updates its estimates for paperwork-related burden for implementing the Spill Prevention Control and Countermeasure (SPCC) regulation. Your responses will help EPA determine reasonable burden hours required for completing SPCC paperwork. Note that the questions relate specifically to the administrative or paperwork-related activities associated with SPCC compliance, such as Plan preparation, certification, recordkeeping, and reporting, not capital or O&M costs associated with equipment or installations.

We estimate that this interview should take no more than 15 minutes and we greatly appreciate your willingness to provide insight based on your experience.

First, I will ask some general background questions to understand your experience developing SPCC Plans.

 Our understanding based on our research is that your firm provides engineering or technical support to facilities subject to SPCC regulation, including support in preparing SPCC Plans. Is that correct?
[If NO, then thank them for their time and end the call.]

 What is your position at [PE firm name]?

 Would it be helpful to be reminded of what the SPCC regulation is?
[If YES, then provide the following information:

The regulation establishes spill prevention procedures, methods, and equipment requirements for non-transportation-related onshore and offshore facilities with oil storage capacity greater than certain thresholds and meeting other criteria. Regulated facilities are those which, because of their location, could reasonably be expected to discharge oil in quantities that may be harmful into the navigable waters of the United States or adjoining shorelines.]

 Approximately how many SPCC Plans have you worked on over the last five years [or another period (annually) if needed to provide an estimate]? This would include SPCC Plans that you have developed and/or certified.

 Can you describe the types of facilities for which you develop or certify SPCC Plans? For example, are the Plans for small or large facilities? For oil storage and distribution facilities, oil production facilities, manufacturing facilities, or farms?

 How does your firm price its SPCC Plan development or certification services? By time and materials (T&M), fixed price, or another pricing structure?

We provided you with written questions in advance of this phone call with estimates of the labor hours required to complete SPCC-related tasks. It would be helpful for you to refer to it as I go over my next set of questions. Do you have the questions in front of you?

[Pause to confirm]

EPA estimated hours required to complete certain SPCC-related tasks. These hours vary by whether the facility is a storage or production facility, and which of EPA's four size categories the facilities fall under. For reference, the definitions of each size category are provided in Table 1. I will be asking you questions that seek to assess whether these estimates are reasonable. We understand that this assessment is based on your personal experience and that facility-specific factors may result in different values, but please do your best to think about an "average" facility you have worked with.

Table 1: SPCC-Regulated Facility Size Categories
                                 Size Category
                              Aggregate Capacity
                                       I
                 Non-farm facilities: 1,321 to 10,000 gallons
                  Farm facilities: 2,501[1] to 19,999 gallons
                                      II
                 Non-farm facilities: 10,001 to 42,000 gallons
                   Farm facilities: 20,000 to 42,000 gallons
                                      III
                  All facilities: 42,001 to 1 million gallons
                                      IV
                All facilities: greater than 1 million gallons
         [1]Note that the correct threshold is 2,500 gallons, not 2,501 gallons, which was included in the Consultation Script in error. However, EPA does not believe that this error had any material effect on the responses to the consultation questions.

[If PE firm indicated in Question 5 that they provide services to storage facilities, ask questions 7a-7k. If PE firm indicated that they serve production facilities, ask questions 8a-8k. If PE firm serves both, ask questions 7a-7k and 8a-8k.]

  [For STORAGE facilities:]

 Have you ever prepared a new Plan for a new facility? Note that preparing the Plan does not include certifying the Plan if you charge for certification separately.

[IF YES, continue on to question 7b. IF NO, then skip to question 7d.]

 Approximately how many total hours are required to prepare a new Plan for each size category?

 In the questions we provided you, there is a table with estimated average values of labor hours required to prepare a new Plan for a new facility. These values are in Table 2. They include only the number of hours required to prepare the Plan, not to certify the Plan. Please take a look at the values and let me know if these estimates are reasonable. If not, please let me know the number of hours that you think are reasonable. If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 2: Hours for preparation of new SPCC Plan for new facilities

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
Storage
Category I
             2
      30
      12
         4
   48

Category II
             4
      60
      24
         8
   96

Category III
             7
      90
      30
      12
 139

Category IV
          12
    135
      40
      20
 207

 Have you done technical amendments to an existing SPCC Plan, for example to incorporate a material change in facility design, construction, operations or maintenance that alters the potential for an oil spill? Note that amending the Plan does not include certifying the Plan if you charge for certification separately.

[IF YES, continue on to question 7e. IF NO, then skip to question 7g.]

 Approximately how many total hours are required to amend an existing Plan for each size category?

 I will next ask about the number of labor hours required for amending an existing SPCC Plan. Please refer to Table 3. These values include only the number of hours for amending the Plan, not to certify the Plan. Please take a look at the values and let me know if these estimates are reasonable. If not, please let me know the number of hours that you think are reasonable. If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 3: Hours for Plan amendment for new and existing facilities

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
Storage
Category I
           3
                                          15
          -
           2
                                      20

Category II
           5
                                          30
          -
           4
                                      39

Category III
        7.5
                                          45
          -
           6
                                      59

Category IV
      11.5
                                        67.5
          -
           9
                                      88

 Have you ever prepared a five-year review of an existing Plan?

[IF YES, continue on to question 7h. IF NO, then skip to question 7j.]

 Approximately how many total hours are required to conduct a five-year review for each size category?

 Next I will ask about number of labor hours required for a five-year review for existing Plans. Please refer to Table 4. Please take a look at the values and let me know if these estimates are reasonable. If not, please let me know the hours that you think are reasonable. If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 4: Hours for five-year review for existing Plan

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
Storage
Category I
                                            2
                                          15
                                          -
           2
                                       19

Category II
                                            2
                                          30
                                          -
           2
                                       34

Category III
                                            3
                                          45
                                          -
           3
                                       51

Category IV
                                            5
                                          68
                                          -
        4.5
                                       77

 Have you ever developed a SPCC facility diagram as part of developing, certifying, or reviewing a Plan?

[IF YES, continue on to question 7k. IF NO, then this is the end of the questions related to storage facilities.]

 Finally, for the last question about storage facilities, please refer to Table 5 for the number of average hours required to complete a SPCC facility diagram. Please take a look at the values and let me know if these estimates are reasonable. If not, please let me know the number of hours that you think are reasonable. If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 5: Hours for creating facility diagram

                              Annual Hours Burden

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
Storage
Category I
                                      0.5
                                       4
                                      12
                                                                           -
                                      17

Category II
                                       1
                                       8
                                      24
                                                                           -
                                      33

Category III
                                       2
                                      12
                                      30
                                                                           -
                                      44

Category IV
                                       3
                                      18
                                      40
                                                                           -

 [For PRODUCTION facilities:]

 Have you prepared a new Plan for a new production facility? Note that preparing the Plan does not include certifying the Plan if you charge for certification separately.

[IF YES, continue on to question 8b. IF NO, then skip to question 8d.]

 Approximately how many total hours are required to prepare a new Plan for each size category?

 In the questions we provided you, there is a table with estimated average values of labor hours required to prepare a new Plan for a new facility. These values are in Table 6. They include only the number of hours required to prepare the Plan, not to certify the Plan. Please take a look at the values and let me know if these estimates are reasonable. If not, please let me know the number of hours that you think are reasonable. If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 6: Hours for preparation of new Plan for new facilities

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
Production
Category I
                                             1
                                         16
                                        7.5
                                           2
                                       27

Category II
                                             3
                                         32
                                         15
                                           4
                                       54

Category III
                                             5
                                         64
                                         30
                                           8
                                      107

Category IV
                                             8
                                         96
                                         45
                                         12
                                      161

 Have you done technical amendments to an existing SPCC Plan, for example to incorporate a material change in facility design, construction, operations or maintenance that alters the potential for an oil spill? Note that amending the Plan does not include certifying the Plan if you charge for certification separately.

[IF YES, continue on to question 8e. IF NO, then skip to question 8g.]

  Approximately how many total hours are required to amend an existing Plan for each size category?

  I will next ask about the number of labor hours required for amending an existing SPCC Plan. Please refer to Table 7. These values include only the number of hours for amending the Plan, not to certify the Plan. Please take a look at the values and let me know if these estimates are reasonable. If not, please let me know the number of hours that you think are reasonable. If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 7: Hours for Plan amendment for new and existing facilities

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
Production
Category I
                                        1.25
                                         7.5
                                          -
                                         1
                                       10

Category II
                                         2.5
                                          15
                                          -
                                         2
                                       20

Category III
                                            5
                                          30
                                          -
                                         4
                                       39

Category IV
                                            8
                                          45
                                          -
                                         6
                                       59

 Have you ever prepared a five-year review of an existing Plan?

[IF YES, continue on to question 8h. IF NO, then skip to question 8i.]

 Approximately how many total hours are required to prepare a five-year review for each size category?

  Next I will ask about number of labor hours required for a five-year review for existing Plans. Please refer to Table 8. Please take a look at the values and let me know if these estimates are reasonable. If not, please let me know the number of hours that you think are reasonable. If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 8: Hours for five-year review for existing facilities

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
Production
Category I
                                         0.5
                                         7.5
                                          -
                                      0.5
                                         9

Category II
                                            1
                                          15
                                          -
                                         1
                                       17

Category III
                                            2
                                          30
                                          -
                                         2
                                       34

Category IV
                                            3
                                          45
                                          -
                                         3
                                       51

  Have you ever created a SPCC facility diagram as part of developing, certifying, or reviewing a Plan?

[IF YES, continue on to question 8k. IF NO, then this is the end of the survey.]

 Finally, for the last question about production facilities, please refer to Table 9 for the number of average hours required to complete a SPCC facility diagram. Please take a look at the values and let me know if these estimates are reasonable. If not, can you tell me the number of hours that you think are reasonable? If you are unsure, do you think the total provided is reasonable? What about the distribution among staff of different levels? Which numbers do you think should be higher or lower?

Table 9: Hours for creating facility diagram

                              Annual Hours Burden

                                  Management
                                   Technical
                                    Drafter
                                   Clerical
                                     Total
                                  Production
                                  Category I
                                      0.5
                                       3
                                       8
                                       -
                                      11

                                  Category II
                                       1
                                       6
                                      15
                                       -
                                      22

                                 Category III
                                       2
                                      12
                                      30
                                       -
                                      44

                                  Category IV
                                       3
                                      18
                                      45
                                       -
                                      66