SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE NSPS SUBPART QQQ PETROLEUM REFINERY WASTEWATER SYSTEMS 1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for NSPS Subpart QQQ  Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems 1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for petroleum refinery wastewater systems were proposed on May 4, 1987 and promulgated on November 23, 1988. These standards apply to the following facilities in petroleum refinery wastewater systems: individual drain systems, oil water separators, and aggregate facilities commencing construction, modification or reconstruction after the date of proposal. An individual drain system consists of all process drains connected to the first downstream junction box. An oil water separator is the wastewater treatment equipment used to separate oil from water. An aggregate facility is an individual drain system together with ancillary downstream sewer lines and oil water separators, down to and including the secondary oil water separators, as applicable. Aggregate facilities were created to capture all potential volatile organic compound ( VOC) emissions within the petroleum refinery wastewater system even as this system is expanded and added to. There are no additional recordkeeping or reporting requirements for aggregate facilities. This information is being collected to assure compliance with 40 CFR Part 60 Subpart QQQ.

Owners or operators of the affected facilities described must make initial notification and maintain 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. Monitoring requirements specific to petroleum refinery wastewater systems provide information on the operation of the emissions control device. Semiannual reports of excess emissions are required. These notifications, reports and records are required, in general, of all sources subject to NSPS. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, maintenance reports and records and retain the file for at least two years following the date of such measurements, maintenance reports, and records.

Approximately 160 sources are currently subject to the standard ( respondent), and it is estimated that no additional sources will become subject to the standard in the next three years. It is further assumed that there is an average of two affected facilities per plant. The annual cost of this ICR will be 56,000 dollars for nonlabor, and 2,025,418 dollars for labor for a total of 2,081,418 dollars. 2 These estimates are based on AIRS data and TRI data. The number of refineries has remained constant since the previous approval and this trend is expected to continue. The last ICR submittal for this source speculated that one new source would be added per year. The numbers have shown that this was an over estimation. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act, as amended, to establish standards of performance for new stationary sources that reflect: . . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated [ Section 111( a)( l)].

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, Section 114( a) states that:

In addition, Section 114( a) states that:

. . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C) install, use, and maintain such monitoring equipment or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G) provide such other information as he may reasonably require.

In the Administrator's judgement, VOC emissions from petroleum refinery wastewater systems cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, New Source Performance Standards were promulgated for this source category at 40 CFR Part 60, Subpart QQQ  Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems.

2( b) Practical Utility/ Users of the Data The control of emissions of Volatile Organic Compounds ( VOC) from petroleum refinery 3 wastewater systems requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of VOC from petroleum refinery wastewater systems are the result of operation of the individual drain systems and the oil water separators. These standards rely on the capture and reduction of VOC emissions by use of flares and carbon adsorbers, and by a leak detection and repair ( LDAR) program. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, and the standard is being met. Performance test reports are needed when flares are used as a control device as these are the Agency's record of a source's initial capability to comply with the emission standard, and note the operating conditions ( proper heat and retention time) under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment and implement the LDAR program used to achieve compliance with the NSPS. Adequate monitoring, recordkeeping, and reporting is necessary to ensure compliance with these standards, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication The recordkeeping and reporting requested is required under 40 CFR Part 60 Subpart QQQ. If the standard has not been delegated, the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar regulation to implement NSPS Subpart QQQ, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on April 18, 2000 ( 65 FR 20813).

3( c) Consultations No comments were received on the burden published in the Federal Register.

3( d) Effects of Less Frequent Collection 4 If the information required by these standards was collected less frequently, the main consequence would be that the chances of detecting poor operation and maintenance of control equipment would decrease. Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.

3( e) General Guidelines None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 or otherwise pertinent to this request contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are petroleum refinery wastewater systems ( SIC Code 2911) that commenced construction, modification, or reconstruction after May 4, 1987.

4( b) Information Requested ( A) Data Items All data in this ICR that is recorded and reported is required by 40 CFR Part 60, Subpart QQQ  Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems. 5 Provide notification of  construction/ reconstruction ( 60.7( a)( 1))  modification ( 60.7( a)( 4)  anticipated startup ( 60.7( a)( 2)  actual startup ( 60.7( a)( 3)  initial performance test ( 60.8( a))  election to construct and operate a completely closed drain system ( 60.693 1( c), 60.698( a))  election to construct and operate a floating roof on an oil water separator ( 60.693 2( b), 60.698( a))  intent to use an alternative means of emission limitation ( 60.694( c))  intent to use a VOC control device other than a carbon adsorber to meet the requirements of 60.692 5( a), with information describing the control device and the process parameters being monitored ( 60.695( b))  demonstration that alternative operational or process parameter will ensure control device is operated in compliance with standards ( 60.695( c))  anticipated and actual startup, including certification that requirements for equipment and inspections have been met ( 60.698( b)( 1))  notification of delay in compliance along with the date of the next scheduled refinery or process unit shutdown and reasons why delay is necessary ( 60.698( e))

Report on  initial performance test data and result for flares ( 60.8 ( a), 60.698( b)( 2))  initial and semiannual inspection reports ( 60.698( c))  semiannual reports on control device performance ( 60.698( d))

Record  startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative ( 60.7( b))  location, date, and corrective actions for process drains not in compliance ( 60.697( b)( 1))  location, date, and corrective actions for junction boxes out of compliance ( 60.697( b)( 2))  location, date, and corrective actions for sewer lines out of compliance ( 60.697( b)( 3))  location, date, and corrective actions for oil water separators out of compliance ( 60.697( c))  location, date, and corrective actions for closed vent systems out of compliance ( 60.697( d)) 6  expected date of repairs if emission point cannot be repaired, reason for delay, signature of company official who authorizes the delay, and the date of actual repairs ( 60.697( c))  copy of design specifications for all equipment used to comply with the standards ( 60.697( f)( 1) and ( 2)  information pertaining to the operation and maintenance of closed drain systems and closed vent systems ( 60.697( f)( 3)  location and plans or specifications for inactive process drains ( 60.697( g))  location and plans or specifications for exempted stormwater sewer systems ( 60.697( h))  location and plans or specifications for exempted ancillary equipment ( 60.697( i))  location and plans or specifications for exempted non contact cooling water systems ( 60.697( j))

Monitoring and Inspections  of operation of control devices ( 60.18( f), 60.695)  of affected facilities ( 60.18( f), 60.692 2, 60.692 3, 60.692 4, 60.692 5, 60.693 1, 60.693 2)

Records are required to be retained for two years.

( B) Respondent Activities  read instructions  perform initial performance test ( Reference Method 22 test) and repeat performance tests  write the notifications and reports listed above  enter information required to be recorded above  submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information  develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information  develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information  adjust the existing ways to comply with any previously applicable instructions and requirements  train personnel to be able to respond to a collection of information  transmit, or otherwise disclose the information 5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 7 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the information required under 40 CFR Subpart QQQ:  Observes initial and repeat performance tests  Reviews notifications and reports, including excess emissions reports, required to be submitted by industry  Audits facility records  Compiles data in the AIRS database 5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to check if the pollution control devices are properly installed and operated. Performance test reports are used by the Agency for a flare control device to discern a source's initial capability to comply with the emission standard and note the operating conditions ( proper heat and retention time) under which compliance was achieved. Data obtained during periodic visits by Agency personnel from records maintained by the respondents are tabulated and published for internal Agency use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the Aerometric Information Retrieval System ( AIRS) Facility Subsystem ( AFS) which is operated and maintained by EPA's Office of Air Quality Planning and Standards. The AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and headquarters. EPA can edit, store, retrieve and analyze the data via PC terminals. The records required by this NSPS must be retained by the owner or operator for ( two) years.

5( c) Small Entity Flexibility The recordkeeping and reporting requirements were selected within the context of a small collection of process equipment and reflect the burden on small businesses. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. However, even though the recordkeeping and reporting requirements are the same for small and larger businesses, the Agency considers these requirements the minimum needed to ensure compliance, and therefore, it cannot reduce them further for small businesses.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown 8 on Tables 2 and 3 of Appendix A.

6. Estimating the Burden and Cost of the Collection Tables 2 and 3 document the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory ( 40 CFR 60.697 and 60.698). The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 36,866 person hours ( total from industry table 3). These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received about time to prepare reports.

6( b) Estimating Respondent Costs ( A) Estimating Labor Costs This ICR uses labor rates of $ 54.94 ($ 26.16 plus 110% overhead) from the United States Department of Commerce Bureau of Labor Statistics, Table 2: Employment Costs for Civilian Workers by Occupational and Industry Group. The recordkeeping and reporting requirements for this standard do not involve the use of clerical or managerial hours. The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 36,866 person hours. The average annual burden to industry over the next three years of the ICR is estimated to be $ 2,025,418.

( B) Estimating Capital and Operations and Maintenance Costs The type of industry costs associated with the information collection activity in the standards are labor costs and continuous emissions monitoring for flares. The capital start up costs are one time costs when a facility becomes subject to the standard. The capital start up costs for this regulation are $ 760. This is based on one new source per year. The annual operations and maintenance costs are $ 56,000. This is based on 160 existing sources multiplied by $ 350 for upkeep of the monitoring device. The total respondent costs have been calculated on the addition of the capital start up costs and the annual operations and maintenance costs. The average annual burden for capital and, operations and maintenance costs to industry over the next 9 three years of the ICR is estimated to be $ 56,000.

( C) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs Monitoring device Start up cost ($) Annual O& M costs ($)

Flare 760 56,000 6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information. Publication and distribution of the information are part of the Aerometric Information Retrieval System ( AIRS) Facility Subsystem ( AFS) which is operated and maintained by the EPA's Office of Air Quality Planning and Standards. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Federal Government cost during the 3 years of the ICR is estimated to be 93,960 dollars. This cost is based on an average wage of a GS10 step 1 employee rate and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Federal Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs The number of existing sources subject to 40 CFR Part 60.690, Subpart QQQ is 160. The number of new sources subject to 40 CFR Part 60.690, Subpart QQQ is none. The total annual labor burden is 36,866 hours. The total annual labor costs are $ 2,025,418 and total annual capital and O& M costs to the regulated entity are 56,000 dollars. Details upon which this estimate is based appear in Tables 2 and 3: Industry Burden.

6( e) Bottom Line Burden Hours And Cost Tables See Tables 2 and 3 in Appendix A.

6( f) Reasons for Change in Burden The increase in burden from the last ICR submittal is due to the increase in labor rate from the last submittal.

6( g) Burden Statement Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology 10 and systems to collect, validate, and verify information, process and maintain information, and disclose and provide 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 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Sandy Farmer, U. S. Environmental Protection Agency, Collection Strategies Division ( Mail Code 2822), 1200 Pennsylvania Avenue, N. W., Washington, DC 20460; and to Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, N. W., Washington, DC 20503. Include the EPA ICR number 1136.06 and OMB control number 2060 0172 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. Appendix A 1. $ 17.09 per hour plus 110% overhead = $ 35.89 per hour.

2. One facility subject to performance test each year; EPA witnesses 8% of tests, for average of 0.08 tests per year. 0.08 tests per year at 120 hours per test averages to 9.6 ( or 10 hours) per year witnessing performance tests. TABLE 1: ESTIMATE OF AVERAGE ANNUAL DIRECT PERSONNEL COST TO THE FEDERAL GOVERNMENT Activity EPA Hrs/ Occurrences ( A) Occurrences/ Facility/ Year ( B) EPA Hrs/ Facilities/ Yr ( C) Facilities / Yr ( D) EPA Hrs/ Yr ( E) EPA Cost $ 1 ( F)

1. Review of notification of construction/ reconstruction 2 1 2 1 2 72 2. Review of notification of anticipated startup 2 1 2 1 2 72 3. Review of notification of actual start up 2 1 2 1 2 72 4. Review of design specifications and complete reports 8 1 8 1 8 287 5. Review of notification of initial performance test 2 1 2 1 2 72 6. Review of performance test report 8 1 8 1 8 287 7. Attend performance test 2 120 1 120 0.08 10 359 TABLE 1 ( Continued): ESTIMATE OF AVERAGE ANNUAL DIRECT PERSONNEL COST TO THE FEDERAL GOVERNMENT Activity EPA Hrs/ Occurrence ( A) Occurrences/ Plant/ Year ( B) EPA Hrs/ Facility/ Yr ( C) Facilities / Yr ( D) EPA Hrs/ Yr ( E) EPA Cost $ 1 ( F)

8. Attend performance retests 3 See footer # 3 24 861 9. Review of semiannual reports 8 2 16 160 2560 91,87 8 Subtotal 2,602 93,96 0 1. $ 17.09 per hour plus 110% overhead = $ 35.89 per hour.

3. Assuming 20% of the 1 facilit( y) s tested per year fail, an annual average of 0.2 facilities would fail the performance test. 50% of the facilities that fail would require retesting ( 0.1). Retesting preparation requires 16 person hours of Agency time for a notice and a conference ( 1.6 hours per year). If EPA witnesses 0.3 retest every 3 years ( 10% of retest), EPA would witness 0.09 retests per year. At 120 hours per retest EPA would expend an average of 12 person hours witnessing retests; compliance order preparation would require 40 hours for each of the 0.09 test per year, or 3.6 person hours per year; delay in testing for the 10% of the 0.09 tests witnessed by EPA would require 1.2 hours. The total person hours expended for attending performance retests would be 1.6 ( preparation) plus 1.2 ( retesting) plus 3.6 ( preparing orders) plus 1.2 ( witnessing delayed retests) equals 7.6 hours per year. ( Which is rounded to 8 hours per year) 1. Assume that 100% of industry sources use process drain systems.

2. Assume an hourly wage of $ 26.16 plus 110% overhead costs which equals $ 54.94. This amount was multiplied by the hours per year in column E. TABLE 2: BURDEN TO INDUSTRY CALCULATIONS FOR PETROLEUM REFINERY WASTEWATER SYSTEMS ( PROCESS DRAIN SYSTEMS) 1 Burden Item Hours/ Occurrenc e ( A) Occurrences/ Respondents/ Year ( B) Hours/ Respondent/ Year ( C) Respondents/ Year ( D) Hours/ Year ( E = C x D) Cost/ Year 2 $

( F)

1. Applications Not Applicable 2. Survey and Studies Not Applicable 3. Reporting Requirements A. Read Instructions 1 1 1 1 1 55 B. Required Activities 1. Inspect drain systems 2 12 24 160 3,840 210,970 C. Create Information See 3B.

D. Gather Existing Information See 3E.

E. Write Report 1) Notification of construction/ reconstruction 2 1 2 1 2 110 2) Notification of anticipated startup 2 1 2 1 2 110 3) Notification of actual start up 2 1 2 1 2 110 4) Design specifications and compliance certifications Not Applicable 5) Semiannual report 8 2 16 160 2,560 140,646 4. RECORD KEEPING RQMNTS A. Read instructions See 3A. 1. Assume that 100% of industry sources use process drain systems.

2. Assume an hourly wage of $ 26.16 plus 110% overhead costs which equals $ 54.94. This amount was multiplied by the hours per year in column E. B. Plan activities Not Applicable TABLE 2 ( Continued): BURDEN TO INDUSTRY CALCULATIONS FOR PETROLEUM REFINERY WASTEWATER SYSTEMS ( PROCESS DRAIN SYSTEMS) 1 Burden Item Hours/ Occurrenc e ( A) Occurrences/ Respondents/ Year ( B) Hours/ Respondent/ Year ( C) Respondents/ Year ( D) Hours/ Year ( E = C x D) Cost/ Year 2 $

( F)

4. RECORD KEEPING RQMNTS C. Implement activities Not Applicable D. Develop record system Not Applicable E. Time to enter information 1.5 52 78 160 12,480 685,651 F. Time to train personnel Not Applicable G. Time for audits Not Applicable 5. TOTAL: All Burden Items 18,887 1,037,652 1. Assume that 100% of industry sources use oil water separators. 2. Assume an hourly wage of $ 26.16 plus 110% overhead costs which equals $ 54.94. This amount was multiplied by the hours per year in column E. 3. Assume that 50% of oil water separators use a flare device to control VOC emissions. The remainder use alternative vapor control devices that are not subject to performance test requirements. TABLE 3: BURDEN TO INDUSTRY CALCULATIONS FOR PETROLEUM REFINERY WASTEWATER SYSTEMS ( OIL WATER SEPARATORS) 1 AND INDUSTRY BURDEN TOTALS Burden Item Hours/ Occurrences ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C = A x B) Respondents/ Year ( D) Hours/ Year ( E = C x D) Cost/ Year 2 $

( F)

1. Applications Not Applicable 2. SURVEY AND STUDIES Not Applicable 3. REPORTING RQMNTS A. Read Instructions 1 1 1 1 1 55 B. Required Activities 1) Semiannual inspection 8 2 16 160 2,560 140,646 2) Performance Test 3 330 1 330 1 330 18,130 C. Create Information See 3B.

D. Gather Existing Information See 3E.

E. Write Report 1) Notification of construction/ reconstruction 2 1 2 1 2 110 2) Notification of anticipated start up 2 1 2 1 2 110 3) Notification of actual startup 2 1 2 1 2 110 1. Assume that 100% of industry sources use oil water separators. 2. Assume an hourly wage of $ 26.16 plus 110% overhead costs which equals $ 54.94. This amount was multiplied by the hours per year in column E. 3. Assume that 50% of oil water separators use a flare device to control VOC emissions. The remainder use alternative vapor control devices that are not subject to performance test requirements. TABLE 3 ( Continued): BURDEN TO INDUSTRY CALCULATIONS FOR PETROLEUM REFINERY WASTEWATER SYSTEMS ( OILWATER SEPARATORS) 1 AND INDUSTRY BURDEN TOTALS Burden Item Hours/ Occurrences ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C = A x B) Respondents/ Year ( D) Hours/ Year ( E = C x D) Cost/ Year 2 $

( F)

4) Design specifications and compliance certifications 40 1 40 1 40 2,198 5) Semiannual report 8 2 16 160 2,560 140,646 E. Write Report 6) Notification of performance test 2 1 2 1 2 110 7) Results of performance test See 3B.

4. RECORD KEEPING RQMNTS A. Read instructions See 3A.

B. Plan activities Not Applicable C. Implement activities Not Applicable D. Develop record system Not Applicable E. Time to enter information 1.5 52 78 160 12,480 685,651 F. Time to train personnel Not Applicable G. Time for audits Not Applicable 5. TOTAL: All Burden Items 17,979 987,766 1. Assume that 100% of industry sources use oil water separators. 2. Assume an hourly wage of $ 26.16 plus 110% overhead costs which equals $ 54.94. This amount was multiplied by the hours per year in column E. 3. Assume that 50% of oil water separators use a flare device to control VOC emissions. The remainder use alternative vapor control devices that are not subject to performance test requirements. TABLE 3 ( Continued): BURDEN TO INDUSTRY CALCULATIONS FOR PETROLEUM REFINERY WASTEWATER SYSTEMS ( OILWATER SEPARATORS) 1 AND INDUSTRY BURDEN TOTALS Burden Item Hours/ Occurrences ( A) Occurrences/ Respondent/ Year ( B) Hours/ Respondent/ Year ( C = A x B) Respondents/ Year ( D) Hours/ Year ( E = C x D) Cost/ Year 2 $

( F)

TOTAL BURDEN Table 1 plus Table 2 36,866 $ 2,025,418


[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Rules and Regulations]
[Pages 38919-38920]
[FR Doc No: 2021-15491]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0004; Airspace Docket No. 20-AAL-55]
RIN 2120-AA66

Establishment of Class E Airspace; Crooked Creek, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface of the earth at Crooked Creek Airport,
Crooked Creek, AK. This action will accommodate new area navigation
(RNAV) procedures and ensure the safety and management of instrument
flight rule (IFR) operations within the National Airspace System.

DATES: Effective 0901 UTC, October 7, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov//air_traffic/publications/. For further information, you
can contact the Airspace Policy Group, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace extending upward from 700 feet above
the surface of the earth to support IFR operations at Crooked Creek
Airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 10882; February 23, 2021) for Docket No. FAA-2021-0004
to establish Class E airspace at Crooked Creek Airport, Crooked Creek,
AK. Interested parties were invited to

participate in this rulemaking effort by submitting written comments on
the proposal to the FAA, none were received.
    Class E5 airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace,
extending upward from 700 feet above the surface, at Crooked Creek
Airport. The Class E airspace is established within a 2 mile radius of
the airport, excluding that area within the Stony B Military Operations
Area, and that airspace within 2 miles each side of the 332[deg]
bearing extending from the 2-mile radius to 8.5 miles northwest of the
airport. This airspace protects aircraft using the RNAV approach to
runway 14 and departures until reaching 1,200 feet AGL.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant the preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Crooked Creek, AK (NEW)

Crooked Creek Airport, AK
    (Lat. 61[deg]52'4'' N, long. 158[deg]8'6'' W)

    That airspace extending upward from 700 feet above the surface
within a 2-mile radius of Crooked Creek Airport, and that airspace
within 2 miles each side of the 332[deg] bearing extending from the
2-mile radius to 8.5 miles northwest of the airport excluding that
airspace within the Stony B MOA.

    Issued in Des Moines, Washington, on July 15, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-15491 Filed 7-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83820-83822]
[FR Doc No: 2023-26381]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1713; Project Identifier MCAI-2023-00781-T;
Amendment 39-22582; AD 2023-21-10]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500
and ATR72-212A airplanes. This AD was prompted by reports of loose
fasteners and cracks in the horizontal stabilizer (HS) left- and right-
hand leading edge lateral ribs, the box in between, the center box
upper panel, and HS forward back-up fitting. This AD requires an
inspection of the HS affected areas for discrepancies and applicable
corrective action, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 5, 2024.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 5,
2024.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1713; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     For ATR--GIE Avions de Transport R[eacute]gional service
information incorporated by reference in this AD, contact ATR--GIE
Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre Nadot, 31712
Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5
62 21 67 18; email continued.airworthiness@atr aircraft.com; website
atr-aircraft.com.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1713.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;

telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain ATR--GIE Avions
de Transport R[eacute]gional Model ATR42-500 and ATR72-212A airplanes.
The NPRM published in the Federal Register on August 14, 2023 (88 FR
54944). The NPRM was prompted by AD 2023-0125, dated June 22, 2023,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2023-0125) (also referred to as the MCAI).
The MCAI states that several occurrences of loose fasteners and cracks
on the HS left- and right-hand leading edge lateral ribs, the box in
between, the center box upper panel, and HS forward back-up fitting
have been reported. Subsequent investigations identified possible
manufacturing errors and a list of horizontal tail planes that could be
affected by similar issues. This condition, if not detected and
corrected, could reduce the structural integrity of the airplane.
    In the NPRM, the FAA proposed to require an inspection of the HS
affected areas (HS left-hand and right-hand leading edge lateral ribs,
the box in between, the center box upper panel, and HS forward back-up
fitting). for discrepancies and applicable corrective action, as
specified in EASA AD 2023-0125. The FAA is issuing this AD to address
loose, missing, or incorrectly installed fasteners, composite
delamination, and cracks in the HS. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1713.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0125 specifies procedures for a one-time detailed
inspection of the HS left- and right-hand leading edge lateral ribs,
the box in between, the center box upper panel, and HS forward back-up
fitting for discrepancies (i.e., loose, missing, and incorrectly
installed fasteners, composite delamination, and a cracked fitting);
and applicable corrective action. The corrective action includes
contacting the manufacturer for repair instructions if any discrepancy
is detected during any inspection.
    ATR Service Bulletin ATR42-55-0020, dated March 2, 2023; and ATR
Service Bulletin ATR72-55-1013, dated March 2, 2023; identify the
affected airplane serial numbers.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 16 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................              $0             $680          $10,880
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-21-10 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-22582; Docket No. FAA-2023-1713; Project Identifier MCAI-2023-
00781-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 and ATR72-212A airplanes, certificated in any
category, as identified in ATR Service Bulletin ATR42-55-0020, dated
March 2, 2023; or ATR Service Bulletin ATR72-55-1013, dated March 2,
2023; as applicable.

(d) Subject

    Air Transport Association (ATA) of America Code: 55,
Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of loose fasteners and cracks in
the horizontal stabilizer (HS) left- and right-hand leading edge
lateral ribs, the box in between, the center box upper panel, and HS
forward back-up fitting. The FAA is issuing this AD to address
loose, missing, or incorrectly installed fasteners, composite
delamination, and cracks in the HS. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0125, dated June 22, 2023 (EASA AD 2023-0125).

(h) Exceptions to EASA AD 2023-0125

    (1) Where paragraph (1) of EASA AD 2023-0125 refers to its
effective date, this AD requires using the effective date of this
AD.
    (2) Where paragraph (2) of EASA AD 2023-0125 specifies to
``contact ATR for approved repair instructions and, within the
compliance time specified therein, accomplish those instructions
accordingly'' if any discrepancy is detected, for this AD if any
crack is detected, the crack must be repaired before further flight
using a method approved by the Manager, International Validation
Branch, FAA; or EASA; or ATR--GIE Avions de Transport
R[eacute]gional's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0125.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0125
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

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

(k) Additional Information

    For more information about this AD, contact Shahram Daneshmandi,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0125,
dated June 22, 2023.
    (ii) ATR Service Bulletin ATR42-55-0020, dated March 2, 2023.
    (iii) ATR Service Bulletin ATR72-55-1013, dated March 2, 2023.
    (3) For EASA AD 2023-0125, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website ad.easa.europa.eu.
    (4) For ATR service information identified in this AD, contact
ATR--GIE Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email continued.airworthiness@atr
aircraft.com; website atr-aircraft.com.
    (5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.

[FR Doc. 2023-26381 Filed 11-30-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Notices]
[Page 29179]
[FR Doc No: 2014-11722]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER14-1941-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: 1st Quarter 2014 Updates to PJM OA and RAA Membership
Lists to be effective 3/31/2014.
    Filed Date: 5/12/14.
    Accession Number: 20140512-5086.
    Comments Due: 5 p.m. ET 6/2/14.

    Docket Numbers: ER14-1942-000.
    Applicants: Public Service Company of New Mexico.
    Description: Notice of Cancellation of Terminated TSA with SPS to
be effective 6/1/2014.
    Filed Date: 5/12/14.
    Accession Number: 20140512-5101.
    Comments Due: 5 p.m. ET 6/2/14.

    Docket Numbers: ER14-1943-000.
    Applicants: Southwestern Public Service Company.
    Description: 2014-5-12--SPS-RBEC-GSEC-Elks IA-673-0.0.0 to be
effective 5/13/2014.
    Filed Date: 5/12/14.
    Accession Number: 20140512-5177.
    Comments Due: 5 p.m. ET 6/2/14.

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

    Dated: May 12, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-11722 Filed 5-20-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34883-34884]
[FR Doc No: 2019-15377]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER19-1507-003.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Compliance filing: Joint OATT LGIP--Order 845
Deficiency Letter Response to be effective 5/22/2019.
    Filed Date: 7/12/19.
    Accession Number: 20190712-5046.
    Comments Due: 5 p.m. ET 8/2/19.

    Docket Numbers: ER19-1869-000; ER19-1870-000; ER19-1871-000; ER19-
1866-000; ER19-1865-000; ER19-1868-000; ER19-1867-000; ER19-1872-000.
    Applicants: Orrtanna Power, LLC, Blossburg Power, LLC, Hamilton
Power, LLC, Hunterstown Power, LLC, Niles Power, LLC, Shawnee Power,
LLC, Titus Power, LLC, Tolna Power, LLC.
    Description: Supplement to May 15, 2019 Orrtanna Power, LLC, et al.
tariff filings, et al.
    Filed Date: 7/9/19.
    Accession Number: 20190709-5129.
    Comments Due: 5 p.m. ET 7/19/19.

    Docket Numbers: ER19-2386-000.
    Applicants: Delmarva Power & Light Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: Delmarva Power submits a
Construction Agreement, Service Agreement No. 5424 to be effective 6/5/
2019.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5118.
    Comments Due: 5 p.m. ET 8/1/19.

    Docket Numbers: ER19-2387-000.
    Applicants: New England Power Pool Participants Committee, ISO New
England Inc.
    Description: Sec.  205(d) Rate Filing: Viridity Energy Termination
to be effective 9/10/2019.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5134.
    Comments Due: 5 p.m. ET 8/1/19.

    Docket Numbers: ER19-2388-000.
    Applicants: Marcus Hook 50, L.P.
    Description: Tariff Cancellation: Tariff cancellation to be
effective 7/12/2019.
    Filed Date: 7/12/19.
    Accession Number: 20190712-5027.
    Comments Due: 5 p.m. ET 8/2/19.

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

    Docket Numbers: ES19-37-000.
    Applicants: Montana-Dakota Utilities Co.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Montana-Dakota Utilities Co.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5164.
    Comments Due: 5 p.m. ET 8/1/19.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM19-3-000.
    Applicants: Prairie Power, Inc.
    Description: Application of Prairie Power, Inc. to Terminate
Mandatory PURPA Purchase Obligation.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5149.
    Comments Due: 5 p.m. ET 8/8/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing

requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 12, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-15377 Filed 7-18-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Pages 43480-43482]
[FR Doc No: 2015-17893]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75469; File No. SR-NYSEARCA-2015-62]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Fee Schedule

July 16, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 10, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(``Fee Schedule''). The Exchange proposes to implement the fee change
effective July 10, 2015. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to enhance the application of the
Limit of Fees on Firm and Broker Dealer Open Outcry Executions (the
``Firm Cap'') to include Qualified Contingent Cross Transactions
(``QCCs'').
    Currently, the Exchange imposes a Firm Cap of $100,000 per month on
combined Firm Proprietary Fees and Broker Dealer Fees for transactions
clearing in the customer range, if executed in open outcry (i.e.,
Manual Transactions). The Firm Cap excludes Strategy Executions,
Royalty Fees, firm trades executed via a Joint Back Office agreement,
and Mini option contracts.\4\
---------------------------------------------------------------------------

    \4\ See Fee Schedule, endnote 9.
---------------------------------------------------------------------------

    To date, fees arising from QCCs have not been included in the Firm
Cap because QCCs are not executed in open outcry. Rather, QCCs are
executed by the entry of a matched trade into the Exchange System and
reported electronically.\5\ Because Firms and Broker Dealers are
generally represented on the Floor by Floor Brokers and QCC
transactions may be entered into the System from a terminal on the
Floor as part of an array of services that a Floor Brokerage operation
can offer to clients, the Exchange proposes to include fees

for QCCs executed by Floor Brokers in the aggregation towards the Firm
Cap. The Exchange believes this proposed change would encourage Firms
and Broker Dealers to direct a greater number of their orders,
including QCC orders, to the Trading Floor, given the increased
opportunities to achieve the Firm Cap on their monthly transaction
fees. For example, if a Broker Dealer achieves the Firm Cap with the
inclusion of $20,000 in QCC fees, the Broker Dealer may be inclined to
direct other orders to the Exchange Floor having reached the Firm Cap,
which increased liquidity would benefit all market participants. The
Exchange notes that competing options exchanges likewise include QCC
transactions in monthly fee caps similar to the Firm Cap.\6\
---------------------------------------------------------------------------

    \5\ See Rule 6.90. Qualified Contingent Crosses (providing in
relevant part that QCCs are ``automatically executed upon entry into
the NYSE Arca System provided that the execution (i) is not at the
same price as a Customer Order in the Consolidated Book and (ii) is
at or between the NBBO''). See also Commentary .01 to Rule 6.90
(providing that QCC orders ``can be entered into the NYSE Arca
System from on the Floor of the Exchange only by Floor Brokers'').
    \6\ See, e.g., NYSE Amex Options fee schedule, available at,
https://www.nyse.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf (including QCCs in the Monthly
Firm Fee Cap for Manual transactions, which aggregates the fees
associated with Firm Manual transactions and cap them at $100,000
per month, per Firm); NASDAQ OMX PHLX LLC fee schedule, available
at, http://www.nasdaqtrader.com/Micro.aspx?id=phlxpricing (including
QCCs in the Monthly Firm Fee Cap, which aggregates the fees
associated with Firm Floor Options Transactions and QCCs and cap
them at $75,000 per month, per Firm).
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    The proposed inclusion of QCC fees in the Firm Cap would not affect
the Floor Broker Rebate for Executed Orders, as Floor Brokers would
still earn the Rebate even if the fee for the transaction itself is
capped.
    Consistent with the proposed change, the Exchange proposes to
change the name of this fee from ``Limit of Fees on Firm and Broker
Dealer Open Outcry Executions'' to ``Firm and Broker Dealer Monthly Fee
Cap,'' which the Exchange believes would add more clarity and
consistency to the fee schedule. Relatedly, the Exchange also proposes
to modify the language in the Firm Cap regarding the exclusion of Mini
options which erroneously refers to Strategy Executions. Specifically,
the Exchange proposes to replace the language ``Mini option contracts
are excluded from the Limit of Fees on Strategy Executions,'' with
``Mini option contracts are excluded from the Firm and Broker Dealer
Monthly Fee Cap.'' The Exchange believes that this change would add
clarity and consistency to the Fee Schedule.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\8\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes the inclusion of the Floor executed QCCs
under the Firm Cap is reasonable and not unfairly discriminatory
because it would provide additional opportunities for Firms and Broker
Dealers to achieve the Firm Cap, which may, in turn, encourage more
business, not limited to QCC trades, to be brought to the Floor, which
would benefit all market participants. The proposed change is
reasonable, equitable and not unfairly discriminatory as the Firm Cap
would not be meaningful for Customers or Professional Customers because
neither Customers nor Professional Customers pay transaction charges
for QCCs. The proposed change is also reasonable, equitable and not
unfairly discriminatory towards Market Makers, as Market Makers are
generally charged a lower fee for Manual executions, and have
alternative avenues to reduce transaction fees.\9\ In addition, the
Exchange believes that by including QCCs in the Firm Cap, thereby
making the Cap more achievable and encouraging additional order flow
not limited to QCCs, Market Makers are provided a greater opportunity
to interact with order flow, which, in turn, benefits market
participants.
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    \9\ See generally Fee Schedule (various credits available to
Market Makers for posted monthly volume, including for executions in
Penny Pilot Issues and SPY).
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    The Exchange also believes that the proposed change is reasonable
because several competing options exchanges likewise include QCC
transactions in monthly fee caps similar to Firm Cap.\10\
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    \10\ See supra n. 6.
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    The Exchange believes that its proposal to modify the name of this
fee, as well as the language regarding the exclusion of Mini options
from the Firm Cap to correct the erroneous reference to Strategy
Executions, would add clarity and consistency to the Fee Schedule to
the benefit of all market participants.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. Instead, the Exchange believes that the
proposed change would continue to encourage competition, including by
attracting a wider variety of business to the Floor of the Exchange,
which would continue to make the Exchange a more competitive venue for,
among other things, order execution and price discovery. The Exchange
believes the proposed fee change would not unduly burden any particular
group of market participants trading on the Exchange vis-[agrave]-vis
another group. Specifically, neither Customers nor Professional
Customers are charged for QCC transactions. Moreover, Market Makers are
generally charged a lower fee for Manual executions, and have
alternative avenues to reduce transaction fees.\12\ In addition, the
Exchange believes that by including QCCs in the Firm Cap, thereby
making the Cap more achievable and encouraging additional order flow
not limited to QCCs, Market Makers are provided a greater opportunity
to interact with order flow, which, in turn, benefits market
participants.
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    \11\ 15 U.S.C. 78f(b)(8).
    \12\ See supra n. 9.
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    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if

it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2015-62 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2015-62. 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 Section, 100 F Street
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEARCA-2015-62 and should be submitted
on or before August 12, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17893 Filed 7-21-15; 8:45 am]
BILLING CODE 8011-01-P