[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Rules and Regulations]
[Pages 54928-54931]
[FR Doc No: 2011-22678]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 745, and 748

[Docket No. 110802457-1467-01]
RIN 0694-AF18

Export Administration Regulations: Netherlands Antilles,
Cura[ccedil]ao, Sint Maarten and Timor-Leste

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Netherlands Antilles dissolved on October 10, 2010. This
rule removes the Netherlands Antilles from all places where it is
mentioned in the Export Administration Regulations (EAR), e.g., the
Commerce Country Chart, the Country Groups, and License Exception APP.
Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the island of
Saint Martin) became semi-autonomous entities within the Kingdom of the
Netherlands. Therefore, Cura[ccedil]ao and Sint Maarten are added to
the Commerce Country Chart.
    The territories and dependencies of a country are treated as the
parent country under the EAR. Bonaire, Saba, and Sint Eustatius now
fall under the direct administration of the Netherlands. Therefore,
these dependencies are treated like the Netherlands and will not be
listed on the Commerce Country Chart.
    This rule also revises the name ``East Timor'' to read ``Timor-
Leste'' throughout the EAR, because this is the proper name of the
country.

DATES: Effective Date: This rule is effective: September 6, 2011.

FOR FURTHER INFORMATION CONTACT: For questions contact Sharron Cook,
Office of Exporter Services, Bureau of Industry and Security, U.S.
Department of Commerce at<PHONE_NUMBER> or by e-mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Background

    The Netherlands Antilles, consisting of Curacao, Sint Maarten,
Bonaire, Saba, and Sint Eustatius, dissolved on October 10, 2010.
Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the island of
Saint Martin) became semi-autonomous entities within the Kingdom of the
Netherlands. Bonaire, Saba, and Sint Eustatius now fall under the
direct administration of the Netherlands. In addition, BIS has
recognized that the country previously referred to in the Commerce
Country Chart as ``East Timor'' should instead be referred to by its
proper name, which is ``Timor-Leste.''

Revisions to the Export Administration Regulations (EAR)

    This rule corrects the third sentence in Section 738.3 paragraph
(b) removing the phrase ``territory, possession, or department'' and
adding in its place ``territory, possession, dependency or department''
in two places. The Commerce Country Chart (Supplement No. 1 to part
738) generally does not list territories, possessions, dependencies or
departments of countries, because they are treated the same as the
parent country for export control purposes. The State Department has a
Web site that lists ``Dependencies and Areas of Special Sovereignty''
at http://www.state.gov/s/inr/rls/10543.htm.
    This rule removes the Netherlands Antilles from the Commerce
Country Chart (Supplement No. 1 to part 738 of the EAR), because it has
dissolved and all the territories and dependencies previously under the
Netherlands Antilles, except Cura[ccedil]ao and Sint Maarten (the Dutch
two-fifths of the island of Saint Martin), are now treated in the same
manner as the parent country--the Netherlands. Cura[ccedil]ao and Sint
Maarten (the Dutch two-fifths of the island of Saint Martin) became
semi-autonomous entities within the Kingdom of the Netherlands.
Therefore, Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the
island of Saint Martin) are added to the Commerce Country Chart with
license requirements (Xs) that are the same as the license requirements
were for the Netherlands Antilles. In addition, this rule replaces the
country name of ``East Timor'' with the proper name of ``Timor-Leste''
in the Commerce Country Chart and moves the resulting row to its
appropriate alphabetic location.
    This rule also removes the Netherlands Antilles from the list of
countries in Computer Tier 1 of License Exception APP in Section
740.7(c)(1). There is no change in eligibility for exports or reexports
to Bonaire, Saba, and Sint Eustatius of computers under License
Exception APP, because the Netherlands is already in Computer Tier 1.
However, there is expanded eligibility for exports and reexports to
Bonaire, Saba, and Sint Eustatius of computer technology and software
under License Exception APP, because the Netherlands is listed in
Section 740.7(c)(3)(i) of License Exception APP. Cura[ccedil]ao and
Sint Maarten (the Dutch two-fifths of the island of Saint Martin) are
added to Computer Tier 1 of License Exception APP. In addition, this
rule replaces the country name of ``East Timor'' with the proper name
of ``Timor-Leste'' in Section 740.7(c)(1) and moves it to its new
alphabetic location in Computer Tier 1.
    This rule also makes changes to the Country Groups in Supplement
No. 1 to part 740. A country may appear in one or more of the Country
Groups, or not at all, depending upon, among other things, its
affiliation or membership in a multilateral export control regime. This
rule removes the Netherlands Antilles from the list of countries in
Country Group B of the Country Groups (Supplement No. 1 to part 740),
and adds Cura[ccedil]ao and Sint Maarten (the Dutch two-fifths of the
island of Saint Martin) to Country Group B. The Netherlands is listed
in Country Group B, and therefore this revision does not alter the
export controls or exemptions that apply to Bonaire, Saba, and Sint
Eustatius. However, the Netherlands is also listed in Country Group A
and therefore all exemptions, e.g., License Exceptions APR and GOV,
that apply to the Netherlands now apply to its dependencies,
territories and possessions. Additionally, this rule removes ``East
Timor'' and adds in its place ``Timor-Leste'' in alphabetic order in
the list of countries of Country Group B.
    This rule revises Supplement No. 2 to part 745 ``States Parties to
the Convention on the Prohibition of the Development, Production,
Stockpiling, and use of Chemical Weapons and on Their Destruction'' by
removing ``Timor Leste (East Timor)'' and adding in its place ``Timor-
Leste''. This rule also removes ``Netherlands **'' and adds in its
place ``Netherlands (Kingdom of the) **'' for clarification purposes
and because of the recent changes to these entities. In addition, this
rule removes the phrase ``the Netherlands includes Aruba and the
Netherlands Antilles.'' in the two asterisk footnote and adds in its
place ``the Netherlands (Kingdom of) includes the following
dependencies: Aruba, Cura[ccedil]ao, and Sint Maarten (the Dutch two-
fifths of the island of Saint Martin).''
    This rule revises paragraph (a)(1) of Section 748.9 ``Support
documents for license applications'' by removing ``Netherlands
Antilles'' and adding ``Leeward Antilles''. This change will maintain
the support document exemption for Aruba, Bonaire and Cura[ccedil]ao,
and add a support document exemption for the Venezuelan archipelago.
The Leeward Antilles consists of:

ABC islands:
    Aruba (Kingdom of the Netherlands),
    Bonaire (Kingdom of the Netherlands),
    Cura[ccedil]ao (Kingdom of the Netherlands).

Venezuelan archipelago:
    Las Aves,
    Los Roques,
    La Orchilla,
    La Blanquilla,
    Los Hermanos,
    Los Testigos.

The support documentation exemption for Saba, Sint Eustatius and Sint
Maarten will continue as they are part of the Leeward Islands, which is
already listed in Section 748.9(a)(1).

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Notices, the most recent
being that of August 12, 2010, 75 FR 50681 (August 16, 2010) has
continued the EAR in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``not significant
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be

subject to a penalty for failure to comply with a collection of
information, subject to the requirements of Paperwork Reduction Act,
unless that collection of information displays a currently valid Office
of Management and Budget Control Number. This rule involves three
collections of information subject to the PRA. One of the collections
has been approved by OMB under control number 0694-0088, ``Multi-
Purpose Application,'' and carries a burden hour estimate of 43.8
minutes for a manual or electronic submission. The second of the
collections has been approved by OMB under control number 0694-0017,
``International Import Certificate,'' and carries a burden hour
estimate of 15 minutes for a manual or electronic submission. The last
of the collections has been approved by OMB under control number 0694-
0021, ``Statement by Ultimate Consignee and Purchaser,'' and carries a
burden hour estimate of 15 minutes for a manual or electronic
submission Send comments regarding these burden estimates or any other
aspect of these collections of information, including suggestions for
reducing the burden, to OMB Desk Officer, New Executive Office
Building, Washington, DC 20503; and to Jasmeet Seehra, OMB Desk
Officer, by e-mail at<EMAIL_ADDRESS>or by fax to
(202) 395-7285; and to the Office of Administration, Bureau of Industry
and Security, Department of Commerce, 14th and Pennsylvania Avenue,
NW., Room 6622, Washington, DC 20230. This rule does not contain
policies with Federalism implications as that term is defined under
E.O. 13132.
    3. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
it is unnecessary. The revisions made by this rule are administrative
in nature and minimally affect the rights and obligations of the
public. Because these revisions are not substantive changes to the EAR,
it is unnecessary to provide notice and opportunity for public comment.
In addition, the 30-day delay in effectiveness required by 5 U.S.C.
553(d) is not applicable because this rule is not a substantive rule.
Notice of proposed rulemaking and opportunity for public comment are
not required for this rule under the Administrative Procedure Act or by
any other law, and the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 738

    Exports.

15 CFR Parts 740 and 748

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.

    Accordingly, parts 738, 740, 745, and 748 of the Export
Administration Regulations (15 CFR Parts 730 through 774) are amended
as follows:

PART 738--[AMENDED]

0
1. The authority citation for 15 CFR part 738 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011).

Sec.  738.3  [Amended]

0
2. Section 738.3 is amended by removing the phrase ``territory,
possession, or department'' and adding in its place ``territory,
possession, dependency or department'' in two places in the third
sentence of paragraph (b).

0
3. Supplement No. 1 to part 738 is amended by:
0
a. Adding in alphabetic order rows for ``Cura[ccedil]ao'' and ``Sint
Maarten (the Dutch two-fifths of the island of Saint Martin)'', as set
forth below:
0
b. Removing the row for ``Netherlands Antilles''; and
0
c. Removing the country name ``Timor East'' and adding (in alphabetic
order) in its place ``Timor-Leste''

SUPPLEMENT NO. 1 TO PART 738--COMMERCE COUNTRY CHART

                                                                                Reason for Control
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                                                                    Chemical & biological    Nuclear non-       National      Missile     Regional      Firearms       Crime           Anti-
                                                                           weapons           proliferation      security        tech      stability    convention     control        terrorism
                            Countries                             ------------------------------------------------------------------------------------------------------------------------------
                                                                                CC   CC   CC
                                                                    CB 1    CB 2    CB 3     NP 1     NP 2    NS 1    NS 2      MT 1     RS 1   RS 2      FC 1      1    2    3    AT 1    AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
Cura[ccedil]ao...................................................      X       X   ......       X   .......      X       X          X      X      X   ...........   X   ...   X   ......  ......

                                                                                * * * * * * *
Sint Maarten (the Dutch two-fifths of the island of Saint Martin)      X       X   ......       X   .......      X       X          X      X      X   ...........   X   ...   X   ......  ......

                                                                                * * * * * * *
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PART 740--[AMENDED]

0
4. The authority citation for 15 CFR part 740 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 12, 2011, 76 FR 50661 (August 16, 2011).

Sec.  740.7  [Amended]

0
5. Section 740.7 is amended by:
0
a. Removing ``Netherlands Antilles'' from the list of countries in
paragraph (c)(1);

0
b. Adding in alphabetic order ``Cura[ccedil]ao'' and ``Sint Maarten
(the Dutch two-fifths of the island of Saint Martin)'' to paragraph
(c)(1);
0
c. Removing ``East Timor'' and adding ``Timor-Leste'' in alphabetic
order to paragraph (c)(1).

Supplement No. 1 to Part 740 [Amended]

0
6. Supplement No. 1 to part 740 is amended by:
0
a. Removing ``Netherlands Antilles'' from the list of countries in
Country Group B;
0
b. Adding in alphabetic order ``Cura[ccedil]ao'' and ``Sint Maarten
(the Dutch two-fifths of the island of Saint Martin)'' to the list of
countries in Country Group B; and
0
c. Removing ``East Timor'' and adding ``Timor-Leste'' in alphabetic
order in the list of countries of Country Group B.

PART 745--[AMENDED]

0
7. The authority citation for 15 CFR part 745 continues to read as
follows:

    Authority:  50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of November 4, 2010, 75 FR 68673
(November 8, 2010).

Supplement No. 2 to Part 745 [Amended]

0
8. Supplement No. 2 to part 745 is amended by:
0
a. Removing ``Netherlands * * *'' and adding in its place ``Netherlands
(Kingdom of the) * * *''
0
b. Removing ``Timor Leste (East Timor)'' and adding in its place
``Timor-Leste'';
0
c. Removing the phrase ``the Netherlands includes Aruba and the
Netherlands Antilles.'' in the two asterisk footnote and adding in its
place ``the Netherlands (Kingdom of) includes: Aruba, Cura[ccedil]ao,
and Sint Maarten (the Dutch two-fifths of the island of Saint
Martin).''

PART 748--[AMENDED]

0
9. The authority citation for 15 CFR part 748 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2011, 76
FR 50661 (August 16, 2011).

Sec.  748.9  [Amended]

0
10. Section 748.9 is amended in the list of countries in paragraph
(a)(1) by removing ``Netherlands Antilles'' and adding in alphabetical
order ``Leeward Antilles''.

    Dated: August 30, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-22678 Filed 9-2-11; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Pages 65642-65646]
[FR Doc No: 2022-23627]

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DEPARTMENT OF TRANSPORTATION

[Docket No. PHMSA-2021-0054]

Pipeline Safety: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the information collection requests abstracted
below are being forwarded to the Office of Management and Budget (OMB)
for

review and comment. A Federal Register notice with a 60-day comment
period soliciting comments on the information collection was published
on March 11, 2022.

DATES: Interested persons are invited to submit comments on or before
November 30, 2022.

ADDRESSES: The public is invited to submit comments regarding this
information collection request, including suggestions for reducing the
burden, to the Office of Management and Budget, Attention: Desk Officer
for the Office of the Secretary of Transportation, 725 17th Street NW,
Washington, DC 20503. Comments can also be submitted electronically at
www.reginfo.gov/public/do/PRAMain.

FURTHER INFORMATION CONTACT: Angela Hill by telephone at<PHONE_NUMBER>,
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Title 5, Code of Regulations (CFR) section 1320.8(d), requires
PHMSA to provide interested members of the public and affected agencies
the opportunity to comment on information collection and recordkeeping
requests before they are submitted to OMB for approval. In accordance
with this regulation, on March 11, 2022, PHMSA published a Federal
Register notice (87 FR 14092) with a 60-day comment period soliciting
comments on its plan to request revisions to the following forms: Form
PHMSA F 7000-1, ``Accident Report--Hazardous Liquid and Carbon Dioxide
Pipeline Systems,'' under Office of Management and Budget (OMB) Control
No. 2137-0047; Form PHMSA F 7100.2-1, ``Annual Report for Natural and
Other Gas Transmission and Gathering Pipeline Systems,'' under OMB
Control No. 2137-0522; Form PHMSA F 7000-1.1, ``Annual Report for
Hazardous Liquid and Carbon Dioxide Pipeline Systems,'' under OMB
Control No. 2137-0614; Form PHMSA F 7100.1-1, ``Annual Report for Gas
Distribution Systems,'' under OMB Control No. 2137-0629; and Forms
PHMSA F 7100.1, ``Incident Report--Gas Distribution Systems,'' PHMSA F
7100.2, ``Incident Report--Gas Transmission and Gathering Systems,''
and PHMSA F 7100.3, ``Incident Report--Liquefied Natural Gas (LNG)
Facilities,'' each under OMB Control No. 2137-0635.
    PHMSA proposed to revise the annual reports to collect data on
excavation damage events to align with the Common Ground Alliance's
(CGA's) Damage Information Reporting Tool (DIRT) root causes. PHMSA
proposed to revise its incident and accident reports, to update the
excavation damage questions to match the 2018 version of DIRT and
collect state one-call law exemption data when any sub-cause is
selected under excavation damage. In the hazardous liquid accident
report, PHMSA proposed requiring the collection of tank data in Parts
C3u and C3v for all reports where A14, ``Part of system involved in the
Accident,'' is ``Onshore Breakout Tank or Storage Vessel.'' In all
three gas incident reports, PHMSA proposed adding the local time and
date of ``confirmed discovery'' to better assess operator compliance
with PHMSA's reporting regulations. Finally, PHMSA proposed removing
Part E of the gas distribution annual report pertaining to the number
of excess flow valves (EFVs) and manual service line shut-off valves
installed or in the system.
    During the 60-day comment period, PHMSA received comments from
Sander Resources, the GPA Midstream Association (GPA Midstream), the
Interstate Natural Gas Association of America (INGAA), and a joint
comment from the American Petroleum Institute and the Association of
Oil Pipe Lines (API/AOPL). The comments, organized by topic area, are
summarized and addressed below.

II. Response to Public Comments

A. Common Ground Alliance Damage Information Reporting Tool

    Sander Resources opines that aligning PHMSA data with the CGA DIRT
Report does not increase pipeline safety and does little to improve the
quality or completeness of the data currently being collected by CGA.
Sander Resources believes the noticed information collection will
result in increased cost and greater administrative burden with no
benefit to operators, regulators, or other stakeholders within the
damage prevention space. Also, Sander Resources opines there is a
greater burden on operators since states require different reporting
information on excavation damage. Sanders Resources states this comes
at a time where many operators are already under pressure due to the
new and pending regulatory changes.
    PHMSA's proposed revisions for the three annual report forms is
limited to collecting the total number of one-call tickets and the
total number of excavation damage events in each of 26 CGA DIRT root
cause categories on an annual basis. The current gas distribution
annual report includes only four root cause categories, and the other
annual reports currently do not collect data regarding excavation
damage. PHMSA recognizes an increased burden on operators for all three
annual reports to provide the expanded root cause data. While the
collection of data does not immediately impact pipeline safety,
reporting events under the 26 root cause categories allows PHMSA and
stakeholders, including operators, to better understand how or why
excavation damage events have occurred, and thus identify potential
gaps in damage prevention programs. Over the past twenty years, the
leading cause of incidents and accidents resulting in fatality or
injury has been excavation damage. Having 26 root cause values could
allow stakeholders to identify more specific corrective measures than
could be identified with only four root causes. A better understanding
of gaps and the implementation of corrective measures could reduce the
number of incidents and accidents caused by excavation damage.\1\
Finally, states may implement different reporting requirements to
support unique state processes such as excavation damage enforcement.
Regardless of the government agency collecting data, the operator only
needs to determine the root cause once and reporting which category the
cause falls under is a minimal additional burden.
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    \1\ PHMSA provides the currently collected excavation damage
data on its website at https://portal.phmsa.dot.gov/PDMPublicReport/?url=https://portal.phmsa.dot.gov/analytics/saw.dll?Portalpages&PortalPath=%2Fshared%2FPDM%20Public%20website%2F_portal%2FExcavation%20Damage.
---------------------------------------------------------------------------

    Sander Resources also claims that the 26 new damage root cause
categories are overwhelmingly excavator-focused and excavators will be
found responsible for inaccurately high numbers of events reported.
    PHMSA notes that 11 of the 26 root cause categories are excavator-
focused. The categories are designed to capture most of the causes of
excavation damage and are based on years of CGA experience in
evaluating the causes of excavation damage events. Again, the
additional categories are intended to better understand potential gaps
in pipeline damage prevention programs.
    Sander Resources also expresses concern that the new data
collection may result in duplicate reporting, that PHMSA has not
clarified whether the data will be ``normalized,'' and that reporting
to PHMSA eliminates the anonymity inherent in DIRT.
    Although Sander Resources stated their comments applied to the
annual report, PHMSA suspects that this comment is intended for the
incident and accident reports. On the incident

and accident reports, operators can indicate whether they want PHMSA to
submit the data to CGA DIRT. Within CGA DIRT, processes are currently
in place to minimize duplicate reporting. If more than one stakeholder
reports a damage event to DIRT, the data is ``normalized'' to provide
the most accurate record for the event. PHMSA collects excavation
damage data only from the operator and makes no changes to the data.
The incident and accident report changes proposed by PHMSA have no
impact on the potential for duplicate reporting in DIRT. Further, since
CGA DIRT is voluntary, a degree of anonymity is maintained. However,
PHMSA has never collected incident and accident reports anonymously.
Visibility of each operator's data is essential for PHMSA and
stakeholders to better understand gaps in pipeline damage prevention
programs.
    Sander Resources states that PHMSA only requires excavation damage
data when the reporting thresholds for incidents or accidents are met
and suggests that PHMSA adjust the reporting threshold downward
significantly. They also suggest that PHMSA capture information on
first- and second-party damage in addition to third party damage.
    PHMSA is proposing the collection of the number of excavation
damage events in each of 26 root causes on the annual reports. Most of
the excavation damage events included in the annual reports would not
be associated with reportable incidents or accidents so collection of
the data on annual reports is a more streamlined approach to collecting
this information. Regarding the party causing the damage, neither CGA
DIRT nor PHMSA's annual, incident, and accident reports, limit the data
collection to damage events caused by a third party.

B. Time/Date Incident Reporting Criteria Met

    GPA Midstream recommends that PHMSA clarify that property damage
amounts in section A4 on the incident and accident report forms are
estimates only. If PHMSA chooses to retain section A4 and add time/date
of confirmed discovery to section A19, INGAA recommends that PHMSA
acknowledge that property damage amounts in section A4 are often
estimated. GPA Midstream and INGAA also recommend that PHMSA remove A4
from the Gas Transmission and Gathering Incident Report since PHMSA is
proposing to add time/date of confirmed discovery to section A19 of
those reports, and the commenters believe the inputs are duplicative.
    PHMSA understands that property damage values are typically
estimates. PHMSA has traditionally used section A4 of the incident and
accident report forms to collect the time/date of the incident or
accident. The report text and instructions have been changed over the
past ten years in response to the wide variety of incident and accident
timelines. PHMSA's proposed changes to the instructions for A4 were
made in response to apparent confusion on the part of operators and
other stakeholders who believed that the A4 value should be the time/
date when the operator first finishes estimating property damage or the
time/date when an injured person is admitted to the hospital. In A4,
PHMSA intends to collect the time/date that consequences began
occurring. In response to the comments, PHMSA proposes to make it clear
in the instructions that it expects the operator to report the time/
date the incident/accident occurred or began, not the time/date the
property damage estimates were generated by the operator (i.e., not the
time/date the operator believed the criteria were met). PHMSA will also
change the name of A4 in the incident and accident reports from
``Earliest local time and date an incident (accident) reporting
criteria was met'' to ``Incident (Accident) local time and date.'' In
the instructions, PHMSA maintains the underlying proposal to report the
time/date that consequences began occurring.
    As discussed above, PHMSA proposes maintaining A4 to collect the
earliest time/date that consequences began occurring. In 49 CFR 191.3,
confirmed discovery means ``when it can be reasonably determined, based
on information available to the operator at the time a reportable event
has occurred, even if only based on a preliminary evaluation.'' The
regulatory requirement associated with confirmed discovery is in
section 191.5, which requires notice to the National Response Center at
the earliest practicable moment following discovery, but no later than
one hour after confirmed discovery. Confirmed discovery is related to
the time required for the operator to conduct a preliminary evaluation
after the operator became aware that consequences were occurring. In
many instances, the actual time/date of the event reported in A4 and
confirmed discovery reported in A19 will be very close together. In
other cases, there may be significant time between the first occurrence
of consequences (reported in A4) and confirmed discovery by the
operator (reported in A19). Both of these time/date values are
important and provide PHMSA and stakeholders with an indication of the
time required for the operator to become aware of consequences and
conduct its preliminary evaluation.

C. Accident Report Breakout Tank Data

    API/AOPL do not believe that revising Part C of the Hazardous
Liquid and Carbon Dioxide Accident Report for the scenario of a tank
weld failure will improve data quality and recommend that PHMSA clarify
specifically how tank releases should be reported as operators have
multiple options at the time.
    In response to this comment, PHMSA has made several changes to its
original proposal, including amendments to the following data fields on
the form: ITEM_INVOLVED (C3), TANK_VESSEL_SUBTYPE (C3u), and CAUSE of
``Material Failure of Pipe or Weld'' (G5). For C3, PHMSA proposes a
default, unalterable value of ``Tank/Vessel'' in C3 when
SYSTEM_PART_INVOLVED (A14) is ``Onshore Breakout Tank or Storage
Vessel, Including Attached Appurtenances.'' These changes will
eliminate multiple options for reporting tank releases. PHMSA also
proposes to modify the instructions for C3u and add additional options.
The proposed instructions are to report the failure path in C3u. Based
on text submitted by operators when ``Other'' is selected in C3 or C3u,
PHMSA proposes adding ``Vent'' and ``Manway'' as additional C3u failure
path options. Currently, the G5 CAUSE is selectable only when C3 is
``Pipe'' or ``Weld.'' Since PHMSA is proposing to allow only ``Tank/
Vessel'' in C3 for tank releases and tanks have welds, we also propose
allowing the selection of the G5 CAUSE when C3 is ``Tank/Vessel.'' With
these changes, stakeholders would have a clear picture of tank releases
through a combination of the failure path in C3u and the cause of the
accident. For example, the failure of a weld in a tank shell would be
reported with ``Tank Shell'' in C3u and a ``Material Failure of Pipe or
Weld'' in G5.
    Further, PHMSA will continue improving the clarity of existing
accident reports. For example, for some tank failures, operators have
entered ``Other'' for C3 when they should have selected ``Tank/Vessel''
in C3 and ``Mixer'' in C3u. PHMSA plans to ask operators to replace
``Other'' selections with specific data, which will improve the quality
and clarity of accident reports. PHMSA is committed to continually
improving the clarity of the reports to collect the best data possible
and appreciates the API/AOPL comments supporting these efforts.

III. Summary of Impacted Collections

    This notice announces that PHMSA will submit the information
collection revision requests abstracted below to OMB for approval. The
following information is provided for these information collections:
(1) Title of the information collection; (2) OMB control number; (3)
Current expiration date; (4) Type of request; (5) Abstract of the
information collection activity; (6) Description of affected public;
(7) Estimate of total annual reporting and recordkeeping burden; and
(8) Frequency of collection.
    PHMSA will request a 3-year term of approval for these information
collections. PHMSA requests comments on the following information:
    1. Title: Transportation of Hazardous Liquids by Pipeline: Record
Keeping and Accident Reporting.
    OMB Control Number: 2137-0047.
    Current Expiration Date: 3/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
recordkeeping requirements and the collection of accident data from
operators of hazardous liquid and carbon dioxide pipelines. Part 195
requires hazardous liquid operators to file an accident report as soon
as practicable, but not later than 30 days after discovery of the
accident on form, ``PHMSA F 7000-1'' whenever there is a reportable
accident. With respect to accidents caused by excavation damage to a
pipeline, PHMSA is revising this information collection to require
state law exemption data when any sub-cause is selected within the
excavation damage causes. PHMSA believes that the current time
estimated for this information collection provides sufficient time for
affected operators to include the newly required information. PHMSA
does not expect operators to incur additional burden due to this
revision.
    Affected Public: Operators of hazardous liquid and carbon dioxide
pipeline facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 1,644.
    Estimated annual burden hours: 53,504.
    Frequency of Collection: On occasion.
    2. Title: Annual and Incident Reports for Gas Pipeline Operators.
    OMB Control Number: 2137-0522.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
requirements for operators of natural gas pipelines, underground
natural gas storage facilities, and liquefied natural gas facilities to
submit annual and incident reports to PHMSA. Currently, PHMSA receives
an estimated 2,247 reports from operators in compliance with these
requirements resulting in an overall time burden of 71,801 hours
annually.
    Section 191.17 requires operators of underground natural gas
storage facilities, gas transmission systems, and gas gathering systems
to submit an annual report by March 15, for the preceding calendar
year. The revision to this information collection includes changes to
the ``Annual Report for Natural and Other Gas Transmission and
Gathering Pipeline Systems'' to collect data on excavation damages.
Each year, gas transmission operators submit an estimated 1,440 annual
reports to PHMSA. The current estimated burden for each annual report
is 47 hours for an overall reporting burden of 67,680 hours [47 hours x
1,440 reports]. Because gas transmission operators are new to
collecting and submitting data on excavation damage, PHMSA estimates
that it will take the estimated 1,440 respondents a one-time effort of
18 hours, per operator, to update their systems to accommodate the new
data request. This will result in gas transmission and gathering
operators incurring a one-time burden of 25,920 hours [18 hours x 1,440
reports]. In addition, PHMSA expects that it will take gas transmission
operators an additional hour, annually, to include the newly requested
excavation damage data in their annual report submission. Therefore,
over the course of the three-year approval for the information
collection, the average time increase to the gas transmission annual
report burden will be 7 hours [(18 hours + 3 hours)/3] each year--
resulting in the annual time burden to increase from 47 hours to 54
hours per report. This will result in an overall burden increase of
10,080 hours [7 hours x 1,440 reports] due to this revision. The total
annual burden for submitting the gas transmission annual report will be
77,760 hours [54 hours x 1,440 reports]. Based on the annual burden
increase of 10,080 hours for the gas transmission annual reports, the
estimated annual burden for this entire information collection,
including the annual report burden for liquefied natural gas and
underground natural gas storage operators, and the immediate notice of
incidents for all of these operators, will increase from 71,801 hours
to 81,881 hours [71,801 hours + 10,080].
    Affected Public: Operators of natural gas transmission pipelines,
underground natural gas storage facilities, and liquefied natural gas
facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 2,247.
    Estimated annual burden hours: 81,881.
    Frequency of collection: Annually and on occasion.
    3. Title: Hazardous Liquid Pipeline Operator Annual Report.
    OMB Control Number: 2137-0614.
    Current Expiration Date: 1/31/2023.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
collection of annual report data from operators of hazardous liquid and
carbon dioxide pipelines. Part 195 requires these pipeline operators to
submit reports each year. This revision includes collecting excavation
damage data and changes to the report form to improve consistency. Each
year, hazardous liquid operators submit an estimated 475 annual reports
to PHMSA. The current estimated burden for operators to submit each
report is 19 hours for an overall annual reporting burden of 9,025
hours [19 hours x 475 reports]. Because hazardous liquid operators are
new to collecting and submitting data on excavation damage, PHMSA
estimates that it will take each of these 475 respondents a one-time
effort of 18 hours, per operator, to update their systems to
accommodate the new data request. This will result in a one-time burden
of 8,550 hours [475 responses x 18 hours]. PHMSA expects that it will
take hazardous liquid operators an additional hour, annually, to
include the newly requested excavation damage data in their annual
report submission. Therefore, over the course of the three-year
approval for the information collection, the average increase to the
annual report burden will be 7 hours [(18 hours + 3 hours)/3]. As a
result, the annual reporting burden will increase from 19 hours to 26
hours per report. This will result in an estimated annual reporting
burden of 12,350 hours [475 reports x 26 hours].
    Affected Public: Operators of hazardous liquid and carbon dioxide
pipeline facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 475.
    Estimated annual burden hours:12,350.
    Frequency of Collection: Annually.
    4. Title: Annual Report for Gas Distribution Operators.
    OMB Control Number: 2137-0629.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.

    Abstract: This mandatory information collection covers the
collection of data from operators of gas distribution pipeline systems
for annual reports. Section 191.17 requires operators of gas
distribution systems to submit an annual report by March 15, for the
preceding calendar year. This revision includes updating the CGA DIRT
root cause categories and removing data about manual service line shut-
off valves and excess flow valves. Each year, gas distribution
operators submit approximately 1,446 annual reports to PHMSA. The
current estimated burden for operators to submit each report is 17.5
hours for an overall annual reporting burden of 25,305 hours [17.5
hours x 1,446 reports]. Because gas distribution operators are
currently collecting and submitting data on excavation damage, PHMSA
estimates that these respondents will incur a one-time effort of nine
hours, per operator, to update their systems to accommodate the
expanded data request. This will result in a one-time burden of 13,014
hours [1,446 reports x 9 hours]. PHMSA expects that it will take gas
distribution operators an additional hour, annually, to add the newly
expanded excavation damage data to their annual report submission.
Therefore, over the course of the three-year approval for the
information collection, the average increase to the annual report
burden will be 4 hours [(9 hours + 3 hours)/3] each year. As a result,
the annual reporting burden will increase from 17.5 hours to 21.5 hours
per report. This will result in an estimated annual reporting burden of
31,089 hours [1,446 reports x 21.5 hours].
    PHMSA is also revising the burden estimate to account for the
elimination of the requirement to report EFV/shut-off valve data. PHMSA
currently estimates that it takes gas distribution operators 1.5 hours,
per report, to submit the total number of EFVs and shut-off valves
installed and maintained in each calendar year. Therefore, the burden
hour for this requirement is 2,169 hours [1.5 hours x 1,446 reports).
PHMSA is proposing to eliminate this requirement which will result in a
2,169-hour burden reduction. Based on the revisions discussed above,
the burden hour estimate for the gas distribution annual report will be
20 hours [17.5 hours (current) + 4 hours (DIRT revisions)--1.5 hours
(eliminated EFV/shut-off valve data)] for a total annual burden of
28,920 hours [20 hours x 1,446 reports].
    Affected Public: Operators of gas distribution pipeline systems.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 1,446.
    Estimated annual burden hours: 28,920.
    Frequency of Collection: Annually.
    5. Title: Incident Reports for Natural Gas Pipeline Operators.
    OMB Control Number: 2137-0635.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the
collection of incident data from operators of gas distribution systems
(form PHMSA F 7100.1, ``Incident Report--Gas Distribution Systems''),
gas transmission and gathering systems (form PHMSA F 7100.2, ``Incident
Report--Gas Transmission and Gathering Systems''), and liquefied
natural gas facilities (PHMSA F 7100.3, ``Incident Report--Liquefied
Natural Gas (LNG) Facilities,'' each under OMB Control No. 2137-0635).
Part 191 requires these operators to submit incident reports when
certain criteria are met. This revision includes changes to form PHMSA
F 7100.1, ``Incident Report--Gas Distribution Systems,'' to collect
more state one-call law exemption data and update the CGA DIRT
questions. In the ``Incident Report--Gas Transmission and Gathering
Systems'' form, this revision includes changing the name of the form,
collecting more state one-call law exemption data, and updating the CGA
DIRT questions. In all three incident reports, this revision includes
collecting the local time and date of the event as well as the
``confirmed discovery.'' PHMSA does not expect operators to incur
additional time due to these revisions. PHMSA expects the current time
estimated for this information collection to be sufficient for affected
operators to include the newly required information.
    Affected Public: Gas pipeline operators, operators of underground
natural gas, and operators of liquefied natural gas facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated Number of Responses: 259.
    Estimated Annual Burden Hours: 3,108.
    Frequency of Collection: On occasion.
    Comments are invited on:
    (a) The need for the renewal and revision of this collection of
information for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (b) The accuracy of the Agency's estimate of the burden of the
proposed collection of information,
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on
those who are required to respond, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on October 25, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-23627 Filed 10-28-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7822-7823]
[FR Doc No: 2017-01274]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0310; FRL-9955-64-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Sewage Sludge Treatment Plants
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information

collection request (ICR), ``NSPS for Sewage Sludge Treatment Plants (40
CFR part 60, subpart O) (Renewal)'' (EPA ICR No 1063.13, OMB Control
No. 2060-0035), to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through January 31, 2017. Public comments were
previously requested via the Federal Register (81 FR 26546) on May 3,
2016, during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may neither conduct nor sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently-valid OMB control number.

DATES: Additional comments may be submitted on or before February 22,
2017.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0310, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: Owners and operators of affected facilities are required
to comply with reporting and record keeping requirements for the
General Provisions (40 CFR part 60, subpart A), as well as for the
specific requirements at 40 CFR part 60, subpart O. This includes
submitting initial notifications, performance tests and periodic
reports and results, and maintaining records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. These reports are used by EPA to determine compliance
with these standards.
    Form Numbers: None.
    Respondents/affected entities: Sewage sludge treatment plants.
    Respondent's obligation to respond: Mandatory (40 CFR part 60
Subpart O).
    Estimated number of respondents: 86 (total).
    Frequency of response: Initially, occasionally and semiannually.
    Total estimated burden: 9,690 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $4,050,000 (per year), which includes
$3,050,000 for both annualized capital/startup and operation &
maintenance costs.
    Changes in the Estimates: There is an adjustment decrease in the
total estimated burden and O&M costs as currently identified in the OMB
Inventory of Approved Burdens. This decrease is not due to any program
changes. The change in the burden and cost estimates occurred because
the number of respondents has decreased as compared to the most-
recently approved ICR.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2017-01274 Filed 1-19-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9284-9285]
[FR Doc No: 2015-03521]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74264; File No. SR-CTA-2014-04]

Consolidated Tape Association; Order Approving the Nineteenth
Substantive Amendment to the Second Restatement of the Consolidated
Tape Association Plan

February 12, 2015.

I. Introduction

    On December 24, 2014, the Consolidated Tape Association (``CTA'')
Plan participants (collectively the ``Participants'') \1\ filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'')
pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act''),\2\ and Rule 608 thereunder,\3\ a proposal to amend the
Second Restatement of the CTA Plan (``CTA Plan'').\4\ The proposal
represents the nineteenth substantive amendment to the CTA Plan
(``Nineteenth Amendment to the CTA Plan''), and reflects changes
unanimously adopted by the Participants. The Nineteenth Amendment to
the CTA Plan (``Amendment'') would reduce the maximum time within which
Participants must report trades from 90 seconds to 10 seconds, subject
to the Participants' obligation to report trades as soon as
practicable. The proposed Amendment was published for comment in the
Federal Register on January 7, 2015.\5\ No comment letters were
received in response to the Notice. This order approves the proposed
Amendment to the Plan.
---------------------------------------------------------------------------

    \1\ Each participant executed the proposed amendment. The
Participants are: BATS Exchange, Inc., BATS-Y Exchange, Inc.,
Chicago Board Options Exchange, Incorporated, Chicago Stock
Exchange, Inc., EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc.
(``EDGX''), Financial Industry Regulatory Authority, Inc.
(``FINRA''), International Securities Exchange, LLC, NASDAQ OMX BX,
Inc. (``Nasdaq BX''), NASDAQ OMX PHLX, Inc. (``Nasdaq PSX''), Nasdaq
Stock Market LLC, National Stock Exchange, Inc., New York Stock
Exchange LLC (``NYSE''), NYSE Arca, Inc. and NYSE MKT LLC (formerly
NYSE Amex, Inc.).
    \2\ 15 U.S.C. 78k-1.
    \3\ 17 CFR 242.608.
    \4\See Securities Exchange Act Release No. 10787 (May 10, 1974),
39 FR 1799 (declaring the CTA Plan effective). The CTA Plan,
pursuant to which markets collect and disseminate last sale price
information for non-NASDAQ listed securities, is a ``transaction
reporting plan'' under Rule 601 under the Act, 17 CFR 242.601, and a
``national market system plan'' under Rule 608 under the Act, 17 CFR
242.608.
    \5\ See Securities Exchange Act Release No. 73971 (December 31,
2014), 80 FR 908 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Currently, Section VIII(a) (Responsibility of Exchange
Participants) of the CTA Plan provides that each Participant will ``(i)
report all last sale prices relating to transactions in Eligible
Securities as promptly as possible, (ii) establish and maintain
collection and reporting procedures and facilities such as to assure
that under normal conditions not less than 90% of such last sale prices
will be reported within that period of time (not in excess of one and
one-half minutes) after the time of execution as may be determined by
CTA from time to time in light of experience, and (iii) designate as
``late'' any last sale price not collected and reported in accordance
with the above-referenced procedures.''
    The Amendment proposes to shorten the maximum time within which
Participants must report trades from 90 seconds to 10 seconds, subject
to the Participants' obligation to report trades as soon as
practicable. It also proposes to remove the qualifier that called for
trade reports to meet the time requirement not less than 90 percent of
the time under normal conditions.

III. Discussion

    After careful review, the Commission finds that the proposed
Amendment to the Plan is consistent with the requirements of the Act
and the rules

and regulations thereunder,\6\ and, in particular, Section 11A(a)(1) of
the Act \7\ and Rule 608 thereunder \8\ in that it is necessary or
appropriate in the public interest, for the protection of investors and
the maintenance of fair and orderly markets, to remove impediments to,
and perfect the mechanisms of, a national market system.
---------------------------------------------------------------------------

    \6\ The Commission has considered the proposed amendment's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
    \7\ 15 U.S.C. 78k-1(a)(1).
    \8\ 17 CFR 240.608.
---------------------------------------------------------------------------

    The proposal is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\9\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations and transactions in securities. These goals are furthered by
the proposed changes requiring that Participants report trades as soon
as practicable, but no later than 10 seconds, following execution (or
cancellation, as applicable) as they bring the trade reporting
requirement more in line with current industry practice, as the markets
have become more automated and more efficient. In addition, the change
will make the trade reporting requirement consistent across the two
transaction reporting plans for equity securities \10\ and FINRA.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \10\ The participants of the Joint Self-Regulatory Organization
Plan Governing the Collection, Consolidation and Dissemination of
Quotation and Transaction Information for Nasdaq-Listed Securities
Traded on Exchanges on an Unlisted Trading Privileges Basis
(``Nasdaq/UTP Plan'') also proposed to amend the trade reporting
requirement under the Nasdaq/UTP Plan to require that transactions
be reported as soon as practicable, but no later than 10 seconds
following execution. See Securities Exchange Act Release No. 73970
(December 31, 2014), 80 FR 910 (January 7, 2015) (File No. S7-24-89)
(Notice of Filing of Amendment No. 34 to the Nasdaq/UTP Plan).
    \11\ See Securities Exchange Act Release No. 69561 (May 13,
2013), 78 FR 29190 (May 17, 2013) (File No. SR-FINRA-2013-013)
(order approving FINRA rule to require FINRA members to report over-
the-counter transactions in Eligible Securities to FINRA as soon as
practicable, but no later than 10 seconds following execution).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\12\
and the rules thereunder, that the proposed Amendment to the CTA Plan
(File No. SR-CTA-2014-04) is approved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78k-1.
    \13\ 17 CFR 200.30-3(a)(27).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Brent J. Fields,
Secretary.
[FR Doc. 2015-03521 Filed 2-19-15; 8:45 am]
BILLING CODE 8011-01-P


From:
BATTEN, KATIE M<EMAIL_ADDRESS>Sent:
Tuesday, September 29, 2020 4:33 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
GABRIELLE RAYMOND<EMAIL_ADDRESS>SINGLETON, KRIS E<EMAIL_ADDRESS>Subject:
RE: HCl at Jewel NEI and TRI

Donna Lee,

Yes, all of the SunCoke facilities have vent stacks.  The difference between Jewell and the other facilities is that the other, newer facilities were able to install heat recovery steam generators (HRSGs) when first built, so instead of the combusted flue gases going out the vent stacks, as they do at Jewell, they are routed through the HRSGs and then to a spray dryer absorber (SDA) and baghouse for SO2 and PM control (flue gases at the other facilities will only go through the vent stacks if the associated HRSG is offline).  The spray dryer absorber also controls HCl, so emissions of HCl at the other facilities are lower.  However, the footprint of the Jewell facility, among other factors, does not allow for HRSG installation there, which is necessary to sufficiently cool the gases to be routed through an SDA and baghouse.

Jewell does have a coal dryer onsite that can be used to dry coal before it is charged into the coke ovens.  The coal dryer uses the heat from the flue gases from one of the Jewell batteries to dry the coal and that air is sent through a venturi scrubber for PM and SO2 control.  There may be some HCl emissions from the dryer stack, but the majority of HCl emissions are from the vent stacks on the ovens.  I am not sure why the coal dryer was shown in the NEI, but I can dig into that if it would be helpful.

Thanks,

Katie Batten
Director of Health, Safety and Environmental

SunCoke Energy, Inc.
<EMAIL_ADDRESS>cell:<PHONE_NUMBER>

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Thursday, September 24, 2020 4:47 PM
To: BATTEN, KATIE M<EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Subject: Re: HCl at Jewel NEI and TRI

Sort of. Do the other Suncoke facilities have these same vents? Do they also have same HCl emissions? If not, why not? The other facilities are using same coal. also, right? Also, why was "coal dryer" used to characterize emissions in NEI?

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: BATTEN, KATIE M<EMAIL_ADDRESS>Sent: Thursday, September 24, 2020 4:18 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Subject: RE: HCl at Jewel NEI and TRI

Hi Donna Lee,

The HCl emissions reported from Jewell are from the 16 oven vent stacks, and result from the coking of coal.  The emissions are based on a 2016 stack test using a lb of HCl/ton of coal charged emission factor to calculate.  Does that answer your question?

Thanks,

Katie Batten
Director of Health, Safety and Environmental

SunCoke Energy, Inc.
<EMAIL_ADDRESS>cell:<PHONE_NUMBER>

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Wednesday, September 23, 2020 12:48 PM
To: BATTEN, KATIE M<EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Subject: HCl at Jewel NEI and TRI

Hi Katie - We have run across what we thought might be an anomaly (or state error) in the NEI in regard to HCl emissions from Jewel. But we checked the TRI and it's self reported there for a number of years (2005-2017) so not just a NEI error. And its labelled air stack emissions. The NEI says its from a coal dryer and estimated from mass balance. Do you have any more details on how the mass balance was done? Is it HCL from coal as fuel or from coal being dried for use in coke ovens? (This question doesn't affect anything in rule applicability or in the RTR, just to help with figuring out the emission estimates).

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr/Ms

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