[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28726-28728]
[FR Doc No: 2017-13095]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80964; File No. SR-NYSEMKT-2017-37]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Change To Modify the NYSE Amex
Options Fee Schedule

June 19, 2017.
    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 June 9, 2017, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') 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.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify the NYSE Amex Options Fee Schedule
(``Fee Schedule''). The Exchange proposes to implement the fee change
effective June 9, 2017. The proposed 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 establish fees and credits for a
recently adopted Exchange trading mechanism known as Broadcast Order
Liquidity Delivery Mechanism (``BOLD''), which was launched on May 31,
2017.\4\
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    \4\ See Securities Exchange Act Release Nos. 80494 (April 20,
2017) 82 FR 19300 (April 26, 2017) (SR-NYSEMKT-2017-21) and 80695
(May 16, 2017) (SR-NYSEMKT-2017-28).
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    BOLD is a new feature within the Exchange's trading system that
provides automated order handling in eligible orders that are
executable against quotations disseminated by other exchanges that are
participants in the Options Order Protection and Locked/Crossed Market
Plan.\5\
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    \5\ See Rule 994NY.
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    First, the Exchange proposes to adopt definitions related to BOLD.
The Exchange proposes to define the ``BOLD Mechanism'' as referring to
``the Exchange's automated order handling for eligible orders in
designated classes, pursuant to Rule 994NY.'' \6\ As a general matter,
the BOLD Mechanism is Exchange functionality that allows ATP Holders to
``step-up'' and trade against orders that are exposed by the Exchange
prior to such orders being routed to another market or posted on the
Exchange's order book. ATP Holders that submit orders that are
designated to be BOLD-eligible will be considered BOLD Initiating
Orders for purposes of this proposed rule change. As such, the Exchange
proposes to define a ``BOLD Initiating Order'' as ``an order submitted
to be executed via the BOLD Mechanism.'' \7\ ATP Holders that ``step-
up'' to trade against a BOLD Initiating Order will be considered BOLD
Responding Order for purposes of this proposed rule change. As such,
the Exchange proposes to define a ``BOLD Responding Order'' as ``an
order that trades with the BOLD Initiating Order.'' \8\ The Exchange
believes these proposed changes would add clarity and transparency to
the Fee Schedule.
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    \6\ See proposed Fee Schedule, Key Terms and Definitions.
    \7\ See id.
    \8\ See id.
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    Regarding pricing, the Exchange proposes that Non-Customer \9\ and
Professional Customer orders executed via BOLD would be charged the
same rate as currently applied to Electronic executions in standard
options contracts, based on participant type and whether the option
traded is a Penny Pilot issue.\10\ The Exchange proposes to apply a per
contract credit for all BOLD Initiating Orders that are Customer orders
executed via BOLD, which credit would be the greater of $0.12 or the
rebate amount achieved through the Amex Customer Engagement (``ACE'')
Program.\11\ The Exchange proposes to exclude from this proposed credit
any transactions in Binary Return Derivatives--or ByRDs--executed via
BOLD as ByRDs transactions are not currently subject to transaction
charges.\12\ The Exchange proposes to impose no fee on Customer orders
that are BOLD Responding Orders. The Exchange notes that, as proposed,
NYSE Amex Options Market Makers would not be assessed Marketing Charges
for transactions executed via the BOLD Mechanism.\13\ The Exchange
believes this proposed change would encourage Market Makers to provide
additional liquidity to orders directed to BOLD Mechanism for execution
on the Exchange.
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    \9\ Non-Customers include Broker-Dealers, DOMMs, e-Specialists,
Firms, Market Makers, and Specialists.
    \10\ See Fee Schedule, Section I.A. (Rates for Standard Options
transactions--Electronic and Manual), available here, https://www.nyse.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf.
    \11\ See proposed Fee Schedule, Section I.M. (BOLD Mechanism
Fees & Credits).
    \12\ See Fee Schedule, supra note 11, at footnote 5 to Section
I.A. (excluding transactions in ByRDs from transaction fees and
credits) and proposed Fee Schedule, Section I.M., at footnote 2
(excluding ByRDs from proposed credit for executions via the BOLD
Mechanism). See also Fee Schedule, Section I.H. (Early Adopter
Specialist) (providing incentive to Specialists appointed to trade
ByRDs).
    \13\ See proposed Fee Schedule, Section I.M., at footnote 1.
Only Market Makers incur Marketing Charges, such charges are not
imposed on any other market participants.
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    The Exchange proposes that, beginning in June 2017, volume

executed via BOLD would be included for purposes of calculating monthly
volume thresholds for the Market Maker Sliding Scale and the ACE
Program.\14\ Also beginning in June 2017, the Exchange proposes to
apply fees incurred via the BOLD Mechanism to the Prepayment
Programs.\15\
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    \14\ See proposed Fee Schedule, Sections I.C. (NYSE Amex Options
Market Maker Sliding Scale--Electronic and Manual) and I.E (ACE
Program). The Exchange also proposes to remove from Section I.C. of
the Fee Schedule the now-superfluous language ``[e]ffective January
3, 2017,'' which would add clarity and transparency to the Fee
Schedule. See proposed Fee Schedule, Section I.C.
    \15\ See proposed Fee Schedule, Section I.D. (Prepayment
Program).
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    Finally, the Exchange proposes to make a clarifying change to the
ACE Program to make clear that ATP Holders that achieve Tier 2 and are
eligible to receive the $0.19 per contract credit for Electronic
Customer Complex Orders would receive such credit ``regardless of
whether the Complex Order trades against interest in the Complex Order
Book or with individual orders and quotes in the Consolidated Book.''
\16\ The Exchange notes that this treatment would be consistent with
how other credits for Complex Orders achieved through the ACE Program
are handled.\17\ The Exchange believes this change would add clarity,
transparency and internal consistency to the Fee Schedule.
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    \16\ See proposed Fee Schedule, Section I.E., n. 4 (ACE
Program).
    \17\ See Fee Schedule, supra note 11, Section I.E., n. 2
(providing that credits for Complex Orders achieved under Tiers 4 or
5 of the ACE Program would be paid ``regardless of whether the
Complex Order trades against interest in the Complex Order Book or
with individual orders and quotes in the Consolidated Book'').
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\18\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\19\ 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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    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes applying standard transaction fees (based on
participant type and whether a Penny Pilot issue) for Non-Customer and
Professional Customer orders executed using the BOLD Mechanism is
reasonable, equitable, and not unfairly discriminatory, because these
market participants would be subject to the same or lower fees as are
currently imposed on these market participants for Electronic
transactions executed on the Exchange.
    Further, the Exchange believes the proposed treatment of Customer
orders executed via BOLD--i.e., the proposed credit for BOLD Initiating
Orders, no fee for BOLD Responding Orders and absence of Marketing
Charge--is reasonable, equitable, and not unfairly discriminatory as
these fees and credits recognize the benefits of additional liquidity
delivered to the Exchange when ATP Holders utilize the BOLD Mechanism.
Specifically, the proposed pricing provides an incentive for Customer
orders that are marketable against the National Best Bid/Offer
(``NBBO'') to be sent to NYSE Amex, which benefits all market
participants by providing more trading opportunities. The Exchange also
notes that other markets have utilized pricing incentives for features
similar to the BOLD Mechanism and therefore the concept is not new or
novel.\20\ The Exchange also notes that it is reasonable to exclude
transactions in ByRDs from the proposed credit for BOLD Initiating
Orders because ByRDs are not currently subject to any transaction
fees.\21\
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    \20\ See, e.g., Nasdaq ISE Schedule of Fees, available here,
https://www.ise.com/fees (Section IV.G., providing credit for
responses to Flash Orders). See also NASDAQ PHLX LLC Pricing
Schedule, available here, http://www.nasdaqtrader.com/Micro.aspx?id=phlxpricing (providing that ``[n]o Marketing Fees will
be assessed on transactions which execute against an order for which
the Exchange broadcast an order exposure alert in Penny Pilot
Options,'' which exposure alert is similar to BOLD).
    \21\ The Exchange notes that ByRDs, which were re-launched in
2016, are exempted from standard transaction fees and are also not
subject to monthly rights fees. See Fee Schedule, supra note 11,
Section I.A., n. 5 and Section III. C., n. 1, respectively.
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    Further, the proposal to include orders executed via the BOLD
Mechanism for purposes of calculating monthly volume thresholds for the
Market Maker Sliding Scale and the ACE Program, as well as to apply
fees incurred for BOLD transactions to the Prepayment Program, are
reasonable, equitable, and not unfairly discriminatory as these
programs are designed to encourage participation by Customers and
Market Makers in the full spectrum of NYSE Amex Options transactions.
The Exchange also believes it is reasonable, equitable, and not
unfairly discriminatory to not impose Marketing Charges on NYSE Amex
Market Makers for orders executed via the BOLD Mechanism because such
orders do not interact with quoted markets but are required to be
filled at prices no worse than the NBBO. The Exchange believes that
removing the Marketing Charges should incentivize Market Makers to more
actively provide liquidity in response to orders submitted via
BOLD.\22\ To the extent that the proposed changes attract additional
order flow to the Exchange, this would result in liquidity and more
trading opportunities to the benefit of all market participants.
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    \22\ The Exchange also notes that other options exchanges do not
charge marketing fees for orders similar to BOLD-designated orders.
See supra note 21 (citing NASDAQ PHLX fee schedule).
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    In addition, the Exchange believes the proposed changes are
consistent with the Act because to the extent the BOLD Mechanism
permits the Exchange to continue to attract greater volume and
liquidity, the proposed change would improve the Exchange's overall
competitiveness and strengthen its market quality for all market
participants.
    Finally, the Exchange believes the proposed clarifying change to
the ACE Program regarding how credits for Complex Orders would be
handled is consistent with the Act as this change would add clarity,
transparency and internal consistency to the Fee Schedule. In addition,
the proposal to remove extraneous language from Section I.C. of the Fee
Schedule \23\ would likewise add clarity, transparency and internal
consistency to the Fee Schedule.
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    \23\ See supra note 15.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\24\ the Exchange
does not believe that the proposed rule change would impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. The Exchange believes the proposed credit for
Customer orders executed via BOLD and the proposed absence of a fee for
Customer orders that are BOLD Responding Orders are pro-competitive as
the proposed pricing is designed to encourage Order Flow Providers
(``OFPs'') to direct Customer order flow to the Exchange and any
resulting increase in volume and liquidity to the Exchange would
benefit all Exchange participants through increased opportunities to
trade as well as enhancing price discovery. The proposed fees for Non-
Customer and Professional Customer orders executed via BOLD would not
discourage competition and are instead intended to promote competition
and better improve the Exchange's competitive position. Further, the
proposed changes only

affect trading on the Exchange. To the extent that the proposed changes
make NYSE Amex a more attractive marketplace for market participants at
other exchanges, such market participants are welcome to become ATP
Holders on the Exchange.
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    \24\ 15 U.S.C. 78f(b)(8).
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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) \25\ of the Act and subparagraph (f)(2) of Rule
19b-4 \26\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \25\ 15 U.S.C. 78s(b)(3)(A).
    \26\ 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) \27\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \27\ 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-NYSEMKT-2017-37 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2017-37. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2017-37, and should
be submitted on or before July 14, 2017.
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    \28\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13095 Filed 6-22-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6028-6030]
[FR Doc No: 2016-02126]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-0031]

Chemical Transportation Advisory Committee Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal advisory committee meeting.

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SUMMARY: The Chemical Transportation Advisory Committee and its
subcommittees will meet on March 1, 2, and 3, 2016, in Houston, TX, to
discuss the safe and secure marine

transportation of hazardous materials. The meetings will be open to the
public.

DATES: Subcommittees will meet on Tuesday, March 1, 2016, from 9:00
a.m. to 5 p.m. and on Wednesday, March 2, 2016, from 9:00 a.m. to 5
p.m. The full committee will meet on Thursday, March 3, 2016, from 9:00
a.m. to 5 p.m. Please note that these meetings may close early if the
Committee has completed its business.

ADDRESSES: The meetings will be held at the U.S. Coast Guard Sector
Houston-Galveston, 13411 Hillard St. Houston, TX 77034. Foreign
national attendees will be required to pre-register no later than 5
p.m. on February 12, 2016, to be admitted to the meeting. U.S. Citizen
attendees will be required to pre-register no later than 5 p.m. on
February 19, 2016, to be admitted to the meeting. To pre-register
contact Lieutenant Cristina Nelson at<EMAIL_ADDRESS>with
CTAC in the subject line and provide your name, company, and telephone
number; if a foreign national, also provide your country of
citizenship, and passport number and expiration date. All attendees
will be required to provide government-issued picture identification in
order to gain admittance to the building.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT as soon as
possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the Committee as listed in the
``Agenda'' section below. Written comments for distribution to
Committee members must be submitted no later than February 12, 2016 if
you want the Committee members to be able to review your comments
before the meeting, and must be identified by USCG-2016-0031. Written
comments may be submitted using the Federal eRulemaking Portal: http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this notice for alternate instructions.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding the Federal Docket Management
System in the March 24, 2005, issue of the Federal Register (70 FR
15086).
    Docket: For access to the docket to read documents or comments
related to this notice, go to http://www.regulations.gov, type USCG-
2016-0031 in the Search box, press Enter, and then click on the item
you wish to view.

FOR FURTHER INFORMATION CONTACT: Commander Evan Hudspeth, Designated
Federal Official of the Chemical Transportation Advisory Committee,
2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC 20593-
7509, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 United States Code Appendix.
    The Chemical Transportation Advisory Committee is an advisory
committee authorized under section 871 of the Homeland Security Act of
2002, 6 United States Code 451, and is chartered under the provisions
of the Federal Advisory Committee Act. The committee acts solely in an
advisory capacity to the Secretary of the Department of Homeland
Security through the Commandant of the Coast Guard and the Deputy
Commandant for Operations on matters relating to safe and secure marine
transportation of hazardous materials activities insofar as they relate
to matters within the United States Coast Guard's jurisdiction. The
Committee advises, consults with, and makes recommendations reflecting
its independent judgment to the Secretary.

Agendas of Meetings

Subcommittee Meetings on March 1 and 2, 2016

    The subcommittee meetings will separately address the following
tasks:
    (1) Task Statement 13-06: Harmonization of Response and Carriage
Requirement for Oil-Like Substances, including Biofuels and Biofuel
Blends.
    (2) Task Statement 13-03: Safety Standards for the Design of
Vessels Carrying Natural Gas or Using Natural Gas as Fuel.
    (3) Task Statement 13-07: Recommendations for Safety Standards for
Ship to Ship Transfer of Hazardous Material Outside of the Baseline.
    (4) Task Statement 13-01: Recommendations for Guidance on the
Implementation of Revisions to MARPOL Annex II and the International
Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (commonly known as IBC code) and 46 CFR 153
Regulatory Review.
    (5) Task Statement 13-04: Improve Implementation and education of
discharge requirements related to solid bulk cargo residues.
    (6) Task Statement 15-01: Marine Vapor Control System (VCS)
Certifying Entities (CE) Guidelines update and VCS supplementary
guidance for the implementation of the final rule.
    The task statements from the last committee meeting are located at
Homeport at the following address: https://homeport.uscg.mil. Go to:
Missions > Ports and Waterways > Safety Advisory Committees > CTAC
Subcommittees and Working Groups.
    The agenda for each subcommittee will include the following:
    1. Review task statements, which are listed in paragraph (4) of the
agenda for the March 3, 2016, meeting.
    2. Work on tasks assigned in task statements mentioned above.
    3. Public comment period.
    4. Discuss and prepare proposed recommendations for the Chemical
Transportation Advisory Committee meeting on March 3, 2016, on tasks
assigned in detailed task statements mentioned above.

Full Committee Meeting on March 3, 2016

    The agenda for the Chemical Transportation Advisory Committee
meeting on March 3, 2016, is as follows:
    1. Introductions and opening remarks.
    2. Swear in newly appointed Committee members.
    3. Coast Guard Leadership Remarks.
    4. Public comment period.
    5. Committee will review, discuss, and formulate recommendations on
the following items:
    a. Task Statement 13-06: Harmonization of Response and Carriage
Requirement for Oil-Like Substances, including Biofuels and Biofuel
Blends.
    b. Task Statement 13-03: Safety Standards for the Design of Vessels
Carrying Natural Gas or Using Natural Gas as Fuel.
    c. Task Statement 13-07: Recommendations for Safety Standards for
Ship to Ship Transfer of Hazardous Material Outside of the Baseline.
    d. Task Statement 13-01: Recommendations for Guidance on the
Implementation of Revisions to MARPOL Annex II and the International
Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (commonly known as the IBC Code) and 46 CFR part 153
Regulatory Review.
    e. Task Statement 13-04: Improve implementation and education of

discharge requirements related to solid bulk cargo residues.
    f. Task Statement 15-01: Marine Vapor Control System (VCS)
Certifying Entities (CE) Guidelines update and VCS supplementary
guidance for the implementation of the final rule.
    6. USCG presentations on the following items of interest:
    a. Update on International Maritime Organization activities as they
relate to the marine transportation of hazardous materials.
    b. Update on U.S. regulations and policy initiatives as they relate
to the marine transportation of hazardous materials.
    7. Set next meeting date and location.
    8. Set subcommittee meeting schedule.
    A public comment period will be held during each Subcommittee and
the full committee meeting concerning matters being discussed. Public
comments will be limited to 3 minutes per speaker. Please note that the
public comment period may end before the time indicated, following the
last call for comments. Please contact Commander Evan Hudspeth, listed
in the FOR FURTHER INFORMATION CONTACT section, to register as a
speaker.

    Dated: February 1, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, United States Coast
Guard.
[FR Doc. 2016-02126 Filed 2-3-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Page 35286]
[FR Doc No: 2021-14240]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-39-000]

Neptune Regional Transmission System Long Island Power Authority
v. PJM Interconnection, L.L.C.; Notice Establishing Paper Hearing
Procedures

    On December 31, 2020, Neptune Regional Transmission System, LLC
(Neptune) and Long Island Power Authority (LIPA) (together, Neptune/
LIPA), pursuant to sections 206 and 306 of the Federal Power Act
(FPA),\1\ filed a complaint alleging the assignment of costs pursuant
to the provisions of the regional cost allocation method included in
the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff
(Tariff) results in unjust and unreasonable rates. In an order issued
on June 25, 2021, the Commission found that Neptune/LIPA has raised
questions of material fact about the 1% de minimis threshold and
netting provisions of PJM's solution-based DFAX method and whether the
rates may have become unjust and unreasonable.\2\ The Commission found
that the record would benefit from further information and established
paper hearing procedures to develop a further record.
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    \1\ 16 U.S.C. 824e and 825e.
    \2\ Neptune Reg'l Transmission Sys., LLC v. PJM Interconnection,
L.L.C., 175 FERC ] 61,247, at P 29 (2021).
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    Any interested persons who currently are not parties to Docket No.
EL21-39-000 may submit notices of intervention or motions to intervene,
as appropriate, within 21 days of the date of the Commission's June 25,
2021 order establishing paper hearing procedures. The briefing schedule
described in Ordering Paragraph (D) of the June 25, 2021 order will
apply to such persons.

    Dated: June 28, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-14240 Filed 7-1-21; 8:45 am]
BILLING CODE 6717-01-P


(8) Violations. Exceedances of parameters monitored according to
the provisions of paragraphs (b)(1)(ii), (b)(1)(iv) through (ix), and
(b)(5) of this section, or excursions as defined by paragraphs
(b)(7)(i) and (ii) of this section, constitute violations of the
operating limit according to paragraphs (b)(8)(i) and (ii) of this
section. Exceedances of the temperature limit monitored according to
the provisions of paragraph (b)(1)(iii) of this section or exceedances
of the outlet concentrations monitored according to the provisions of
paragraph (b)(1)(x) of this section constitute violations of the
emission limit according to paragraphs (b)(8)(i) and (ii) of this
section. Exceedances of the outlet concentrations monitored according
to the provisions of paragraph (b)(5) of this section constitute
violations of the emission limit according to the provisions of
paragraph (b)(8)(iii) of this section.
    (i) For episodes occurring more than once per day, exceedances of
established parameter limits or excursions will result in no more than
one violation per operating day for each monitored item of equipment
utilized in the process.
    (ii) For control devices used for more than one process in the
course of an operating day, exceedances or excursions will result in no
more than one violation per operating day, per control device, for each
process for which the control device is in service.
    (iii) Exceedances of the 20 or 50 ppmv TOC outlet emission limit,
averaged over the operating day, will result in no more than one
violation per day per control device. Exceedances of the 20 or 50 ppmv
HCl and chlorine outlet emission limit, averaged over the operating
day, will result in no more than one violation per day per control
device.
* * * * *

0
25. Section 63.1367 is amended by revising paragraphs (a)(3) and (e) to
read as follows:

Sec.  63.1367  Recordkeeping requirements.

    (a) * * *
    (3) Records of malfunctions. (i) In the event that an affected unit
fails to meet an applicable standard, record the number of failures.
For each failure record the date, time, and duration of each failure.
    (ii) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
quantity of each regulated pollutant emitted over any emission limit,
and a description of the method used to estimate the emissions.
    (iii) Record actions taken to minimize emissions in accordance with
Sec.  63.1360(e)(4), and any corrective

actions taken to return the affected unit to its normal or usual manner
of operation.
* * * * *
    (e) The owner or operator of an affected source subject to the
requirements for heat exchanger systems in Sec.  63.1362(g) shall
retain the records as specified in Sec.  63.104(f)(1)(i) through (iv).
* * * * *

0
26. Section 63.1368 is amended by:
0
a. Revising the seventh sentence of paragraph (e) introductory text;
0
b. Revising paragraph (i); and
0
c. Adding paragraph (p).
    The revisions and additions read as follows:

Sec.  63.1368  Reporting requirements.

* * * * *
    (e) Precompliance plan. * * * To change any of the information
submitted in the Precompliance plan or to submit a Precompliance plan
for the first time after the compliance date, the owner or operator
shall notify the Administrator at least 90 days before the planned
change is to be implemented; the change shall be considered approved if
the Administrator either approves the change in writing, or fails to
disapprove the change in writing within 90 days of receipt of the
change. * * *
    (i) Reports of malfunctions. If a source fails to meet an
applicable standard, report such events in the Periodic Report. Report
the number of failures to meet an applicable standard. For each
instance, report the date, time, and duration of each failure. For each
failure the report must include a list of the affected sources or
equipment, an estimate of the quantity of each regulated pollutant
emitted over any emission limit, and a description of the method used
to estimate the emissions.
* * * * *
    (p) Electronic reporting. Within 60 days after the date of
completing each performance test (as defined in Sec.  63.2), the owner
or operator must submit the results of the performance tests, including
any associated fuel analyses, required by this subpart according to the
methods specified in paragraphs (p)(1) or (2) of this section.
    (1) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of
the performance test to the EPA by direct computer-to-computer
electronic transfer via EPA-provided software, unless otherwise
approved by the Administrator. Owners or operators, who claim that some
of the information being submitted for performance tests is
confidential business information (CBI), must submit a complete file
using EPA-provided software that includes information claimed to be CBI
on a compact disk, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The
same file with the CBI omitted must be submitted to the EPA by direct
computer-to-computer electronic transfer via EPA-provided software.
    (2) For any performance test conducted using test methods that are
not compatible with the EPA-provided software, the owner or operator
shall submit the results of the performance test to the Administrator
at the appropriate address listed in Sec.  60.4.

0
27. Table 1 to Subpart MMM of Part 63 is amended by:
0
a. Removing entry Sec.  63.6(e);
0
b. Adding entries Sec.  63.6(e)(1)(i), Sec.  63.6(e)(1)(ii), Sec.
63.6(e)(1)(iii), and Sec.  63.6(e)(3);
0
c. Removing entry Sec.  63.6(f);
0
d. Adding entries Sec.  63.6(f)(1) and Sec.  63.6(f)(2)-(3);
0
e. Revising entry Sec.  63.7(e)(1);
0
f. Removing entry Sec.  63.8(b)(3)-(c)(3);
0
g. Adding entries Sec.  63.8(b)(3), Sec.  63.8(c)(1)(i), Sec.
63.8(c)(1)(ii), Sec.  63.8(c)(1)(iii), and Sec.  63.8(c)(2)-(3);
0
h. Revising entry Sec.  63.8(d)-(f)(3);
0
i. Removing entry Sec.  63.10(c);
0
j. Adding entries Sec.  63.10(c)(1)-(14) and Sec.  63.10(c)(15); and
0
k. Revising entry Sec.  63.10(d)(5).
    The revisions and additions read as follows:

 Table 1 to Subpart MMM of Part 63--General Provisions Applicability to
                               Subpart MMM
------------------------------------------------------------------------
                                    Applies to
    Reference to subpart A         subpart MMM          Explanation
------------------------------------------------------------------------

                              * * * * * * *
Sec.   63.6(e)(1)(i)..........  No...............  See Sec.
                                                    63.1360(e)(4) for
                                                    general duty
                                                    requirement.
Sec.   63.6(e)(1)(ii)           No.
Sec.   63.6(e)(1)(iii)          Yes.
Sec.   63.6(e)(3)               No.
Sec.   63.6(f)(1)               No.
Sec.   63.6(f)(2)-(3)           Yes.

                              * * * * * * *
Sec.   63.7(e)(1).............  No...............  See Sec.
                                                    63.1365(b).

                              * * * * * * *
Sec.   63.8(b)(3)               Yes.
Sec.   63.8(c)(1)(i)            No.
Sec.   63.8(c)(1)(ii)           Yes.
Sec.   63.8(c)(1)(iii)          No.
Sec.   63.8(c)(2)-(3)           Yes.

                              * * * * * * *
Sec.   63.8(d)-(f)(3).........  Yes..............  Except the last
                                                    sentence of Sec.
                                                    63.8(d)(3), which
                                                    shall be replaced
                                                    with ``The program
                                                    of corrective action
                                                    should be included
                                                    in the plan required
                                                    under Sec.
                                                    63.8(d)(2).'' for
                                                    the purposes of this
                                                    subpart.

                              * * * * * * *
Sec.   63.10(c)(1)-(14)         Yes.
Sec.   63.10(c)(15)             No.

                              * * * * * * *
Sec.   63.10(d)(5)............  No...............  See Sec.   63.1368(i)
                                                    for malfunction
                                                    reporting
                                                    requirements.

                              * * * * * * *
------------------------------------------------------------------------

Subpart PPP--[Amended]

0
28. Section 63.1420 is amended by:
0
a. Revising paragraph (a)(4) introductory text;
0
b. Revising paragraphs (a)(4)(iv) and (c)(1);
0
c. Revising paragraph (d) introductory text;
0
d. Revising the heading for paragraph (e)(8);
0
e. Revising paragraph (h); and
0
f. Adding paragraph (i).
    The revisions and additions read as follows:

Sec.  63.1420  Applicability and designation of affected sources.

    (a) * * *
    (4) The affected source also includes the emission points and
components specified in paragraphs (a)(4)(i) through (vi) of this
section that are associated with a PMPU (or a group of PMPUs) making up
an affected source, as defined in Sec.  63.1423.
* * * * *
    (iv) Components required by or utilized as a method of compliance
with this subpart, which may include control techniques and recovery
devices.
* * * * *
    (c) * * *
    (1) Components and equipment that do not contain organic HAP or
that contain organic HAP as impurities only and are located at a PMPU
that is part of an affected source.
* * * * *
    (d) Processes excluded from the affected source. The processes
specified in paragraphs (d)(1) through (3) of this section are not part
of the affected source and are not subject to the requirements of both
this subpart and subpart A of this part.
* * * * *
    (e) * * *
    (8) Requirements for flexible process units that are not PMPUs. * *
*
    (h) Applicability of this subpart. (1) The emission limitations set
forth in this subpart and the emission limitations referred to in this
subpart shall apply at all times except during periods of nonoperation
of the affected source (or specific portion thereof) resulting in
cessation of the emissions to which this subpart applies.
    (2) The emission limitations set forth in 40 CFR part 63, subpart
H, as referred to in the equipment leak provisions in Sec.  63.1434,
shall apply at all times except during periods of non-operation of the
affected source (or specific portion thereof) in which the lines are
drained and depressurized resulting in cessation of the emissions to
which Sec.  63.1434 applies.
    (3) The owner or operator shall not shut down items of equipment
that are required or utilized for compliance with this subpart during
times when emissions (or, where applicable, wastewater streams or
residuals) are being routed to such items of equipment if the shutdown
would contravene requirements applicable to such items of equipment.
    (4) General duty. At all times, the owner or operator must operate
and maintain any affected source, including associated air pollution
control equipment and monitoring equipment, in a manner consistent with
safety and good air pollution control practices for minimizing
emissions. The general duty to minimize emissions does not require the
owner or operator to make any further efforts to reduce emissions if
levels required by the applicable standard have been achieved.
Determination of whether a source is operating in compliance with
operation and maintenance requirements will be based on information
available to the Administrator, which may include, but is not limited
to, monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, and inspection of the
source.
    (i) Affirmative defense for violation of emission standards during
malfunction. In response to an action to enforce the standards set
forth in this subpart, the owner or operator may assert an affirmative
defense to a claim for civil penalties for violations of such standards
that are caused by malfunction, as defined at Sec.  63.2. Appropriate
penalties may be assessed if the owner or operator fails to meet their
burden of proving all of the requirements in the affirmative defense.
The affirmative defense shall not be available for claims for
injunctive relief.
    (1) Assertion of affirmative defense. To establish the affirmative
defense in any action to enforce such a standard, the owner or operator
must timely meet the reporting requirements in paragraph (i)(2) of this
section, and must prove by a preponderance of evidence that:
    (i) The violation:
    (A) Was caused by a sudden, infrequent, and unavoidable failure of
air pollution control equipment, process equipment, or a process to
operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (D) Was not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when a
violation occurred; and
    (iii) The frequency, amount, and duration of the violation
(including any bypass) were minimized to the maximum extent
practicable; and
    (iv) If the violation resulted from a bypass of control equipment
or a process, then the bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the
violation on ambient air quality, the environment, and human health;
and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the violation were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose
of which is to determine, correct, and eliminate the primary causes of
the malfunction and the violation resulting from the malfunction event
at issue. The analysis

shall also specify, using best monitoring methods and engineering
judgment, the amount of any emissions that were the result of the
malfunction.
    (2) Report. The owner or operator seeking to assert an affirmative
defense shall submit a written report to the Administrator, with all
necessary supporting documentation, that explains how it has met the
requirements set forth in paragraph (i)(1) of this section. This
affirmative defense report shall be included in the first periodic
compliance report, deviation report, or excess emission report
otherwise required after the initial occurrence of the violation of the
relevant standard (which may be the end of any applicable averaging
period). If such compliance, deviation report or excess emission report
is due less than 45 days after the initial occurrence of the violation,
the affirmative defense report may be included in the second
compliance, deviation report or excess emission report due after the
initial occurrence of the violation of the relevant standard.

0
29. Section 63.1422 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (d) introductory text;
0
c. Revising the second sentence of paragraph (d)(2)(iv);
0
d. Adding paragraph (d)(6); and
0
e. Revising paragraph (e)(1).
    The revisions and additions read as follows:

Sec.  63.1422  Compliance dates and relationship of this rule to
existing applicable rules.

* * * * *
    (b) New affected sources that commence construction or
reconstruction after September 4, 1997 shall be in compliance with this
subpart (except Sec.  63.1434(c)(3)) upon initial start-up or by June
1, 1999, whichever is later. New affected sources that commenced
construction or reconstruction after September 4, 1997, but on or
before January 9, 2012, shall be in compliance with the pressure relief
device monitoring requirements of Sec.  63.1434(c)(3) by March 27,
2017. New affected sources that commence construction or reconstruction
after January 9, 2012, shall be in compliance with the pressure relief
device monitoring requirements of Sec.  63.1434(c)(3) upon initial
startup or by March 27, 2014, whichever is later.
* * * * *
    (d) Except as provided for in paragraphs (d)(1) through (6) of this
section, existing affected sources shall be in compliance with Sec.
63.1434 no later than December 1, 1999 unless an extension has been
granted as specified in paragraph (e) of this section.
* * * * *
    (2) * * *
    (iv) * * * The request for a compliance extension shall contain the
information specified in Sec.  63.6(i)(6)(i)(A) and (B). * * *
    (6) Compliance with the pressure relief device monitoring
provisions of Sec.  63.1434(c)(3) shall occur no later than March 27,
2017.
    (e) * * *
    (1) A request for an extension of compliance shall include the data
described in Sec.  63.6(i)(6)(i)(A) and (B).
* * * * *

0
30. Section 63.1423 is amended by:
0
a. Removing the terms ``Relief valve (subpart G)'' and ``Start-up,
shutdown, and malfunction plan (subpart F)'' and adding the terms
``Pressure release (subpart H)'' and ``Pressure relief device or valve
(subpart H)'' in paragraph (a); and
0
b. Revising the definition for ``Process vent'' and adding the
definition for ``Affirmative defense'' in alphabetical order to
paragraph (b).
    The revisions and additions read as follows:

Sec.  63.1423  Definitions.

* * * * *
    (b) * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
    Process vent means a point of emission from a unit operation having
a gaseous stream that is discharged to the atmosphere either directly
or after passing through one or more combustion, recovery, or recapture
devices. A process vent from a continuous unit operation is a gaseous
emission stream containing more than 0.005 weight-percent total organic
HAP. A process vent from a batch unit operation is a gaseous emission
stream containing more than 225 kilograms per year (500 pounds per
year) of organic HAP emissions. Unit operations that may have process
vents are condensers, distillation units, reactors, or other unit
operations within the PMPU. Process vents exclude pressure relief
device discharges, gaseous streams routed to a fuel gas system(s), and
leaks from equipment regulated under Sec.  63.1434. A gaseous emission
stream is no longer considered to be a process vent after the stream
has been controlled and monitored in accordance with the applicable
provisions of this subpart.
* * * * *
0
31. Section 63.1427 is amended by:
0
a. Revising paragraph (j)(2) introductory text; and
0
b. Revising paragraph (k)(3)(ii).
    The revisions read as follows:

Sec.  63.1427  Process vent requirements for processes using extended
cookout as an epoxide emission reduction technique.

* * * * *
    (j) * * *
    (2) The owner or operator shall maintain the records specified in
paragraphs (j)(2)(i) through (v) of this section.
* * * * *
    (k) * * *
    (3) * * *
    (ii) Notification of each batch cycle when the time and duration of
epoxide emissions before the end of the ECO, recorded in accordance
with paragraph (j)(2)(v) of this section, exceed the time and duration
of the emission episodes during the initial epoxide emission percentage
reduction determination, as recorded in paragraph (j)(1)(viii) of this
section.
* * * * *

0
32. Section 63.1428 is amended by revising paragraph (h)(2)(ii) to read
as follows:

Sec.  63.1428  Process vent requirements for group determination of
PMPUs using a nonepoxide organic HAP to make or modify the product.

* * * * *
    (h) * * *
    (2) * * *
    (ii) Where the recalculated TRE index value is less than or equal
to 1.0, or, where the TRE index value before the process change was
greater than 4.0 and the recalculated TRE index value is less than or
equal to 4.0 but greater than 1.0, the owner or operator shall submit a
report as specified in the process vent reporting and recordkeeping
provisions in Sec.  63.1430(i) or (j), and shall comply with the
appropriate provisions in the process vent control requirements in
Sec.  63.1425 by the dates specified in Sec.  63.1422 (the section
describing compliance dates for sources subject to this subpart).
* * * * *

0
33. Section 63.1429 is amended by:
0
a. Revising the last sentence of paragraph (c) introductory text; and
0
b. Revising the first two sentences of paragraph (d)(1).
    The revisions read as follows:

Sec.  63.1429  Process vent monitoring requirements.

* * * * *
    (c) Monitoring of bypass lines. * * * Equipment such as low leg
drains, high point bleeds, analyzer vents, open-ended valves or lines,
and pressure relief devices needed for safety purposes are not subject
to paragraphs (c)(1) or (2) of this section.
* * * * *
    (d) * * *
    (1) For each parameter monitored under paragraphs (a) or (b) of
this section, the owner or operator shall establish a level, defined as
either a maximum or minimum operating parameter as denoted in Table 7
of this subpart (the table listing the operating parameters for which
monitoring levels are required to be established for process vent
streams), that indicates that the combustion, recovery, or recapture
device is operated in a manner to ensure compliance with the provisions
of this subpart. The level shall be established in accordance with the
procedures specified in Sec.  63.1438(a) through (d), as applicable. *
* *

0
34. Section 63.1430 is amended by revising the last sentence of
paragraph (d)(2)(i) to read as follows:

Sec.  63.1430  Process vent reporting and recordkeeping requirements.

* * * * *
    (d) * * *
    (2) * * *
    (i) * * * In addition, monitoring data recorded during periods of
non-operation of the process (or specific portion thereof) resulting in
cessation of organic HAP emissions shall not be included in computing
the daily averages.
* * * * *

0
35. Section 63.1434 is amended by:
0
a. Revising paragraphs (a) and the last sentence of paragraph (d); and
0
b. Adding paragraph (c).
    The revisions read as follows:

Sec.  63.1434  Equipment leak provisions.

    (a) The owner or operator of each affected source shall comply with
the HON equipment leak requirements in 40 CFR part 63, subpart H for
all equipment in organic HAP service, except Sec.  63.165 and as
specified in paragraphs (b) through (h) of this section.
* * * * *
    (c) Requirements for pressure relief devices. Except as specified
in paragraph (c)(4) of this section, the owner or operator must comply
with the operating and pressure release requirements specified in
paragraphs (c)(1) and (2) of this section for pressure relief devices
in organic HAP gas or vapor service. Except as specified in paragraph
(c)(4) of this section, the owner or operator must also comply with the
pressure release management requirements specified in paragraph (c)(3)
of this section for all pressure relief devices in organic HAP service.
    (1) Operating requirements. Except during a pressure release event,
operate each pressure relief device in organic HAP gas or vapor service
with an instrument reading of less than 500 ppm above background as
detected by Method 21 of 40 CFR part 60, appendix A.
    (2) Pressure release requirements. For pressure relief devices in
organic HAP gas or vapor service, comply with paragraphs (c)(2)(i) or
(ii) of this section, as applicable.
    (i) If the pressure relief device does not consist of or include a
rupture disk, conduct instrument monitoring, as detected by Method 21
of 40 CFR part 60, appendix A, no later than 5 calendar days after the
pressure release to verify that the pressure relief device is operating
with an instrument reading of less than 500 ppm above background,
except as provided in Sec.  63.171.
    (ii) If the pressure relief device consists of or includes a
rupture disk, install a replacement disk as soon as practicable after a
pressure release, but no later than 5 calendar days after the pressure
release, except as provided in Sec.  63.171.
    (3) Pressure release management. Except as specified in paragraph
(c)(4) of this section, pressure releases to the atmosphere from
pressure relief devices in organic HAP service are prohibited, and the
owner or operator must comply with the requirements specified in
paragraphs (c)(3)(i) and (ii) of this section for all pressure relief
devices in organic HAP service.
    (i) For each pressure relief device in organic HAP service, the
owner or operator must equip each pressure relief device with a
device(s) or use a monitoring system that is capable of:
    (A) Identifying the pressure release;
    (B) Recording the time and duration of each pressure release; and
    (C) Notifying operators immediately that a pressure release is
occurring. The device or monitoring system may be either specific to
the pressure relief device itself or may be associated with the process
system or piping, sufficient to indicate a pressure release to the
atmosphere. Examples of these types of devices and systems include, but
are not limited to, a rupture disk indicator, magnetic sensor, motion
detector on the pressure relief valve stem, flow monitor, or pressure
monitor.
    (ii) If any pressure relief device in organic HAP service releases
to atmosphere as a result of a pressure release event, the owner or
operator must calculate the quantity of organic HAP released during
each pressure release event and report this quantity as required in
Sec.  63.1439(e)(6)(ix). Calculations may be based on data from the
pressure relief device monitoring alone or in combination with process
parameter monitoring data and process knowledge.
    (4) Pressure relief devices routed to a control device, process, or
drain system. If a pressure relief device in organic HAP service is
designed and operated to route all pressure releases through a closed
vent system to a control device, process, or drain system, the owner or
operator is not required to comply with paragraphs (c)(1), (2), or (3)
(if applicable) of this section. Both the closed vent system and
control device (if applicable) must meet the requirements of Sec.
63.172. The drain system (if applicable) must meet the requirements of
Sec.  63.136.
    (d) * * * The Initial Notification shall be submitted no later than
June 1, 2000 for existing sources.
* * * * *

0
36. Section 63.1437 is amended by revising paragraph (a) introductory
text and the first sentence of paragraph (a)(1) introductory text.
    The revisions read as follows:

Sec.  63.1437  Additional requirements for performance testing.

    (a) Performance testing shall be conducted in accordance with Sec.
63.7(a)(1), (a)(3), (d), (e)(2), (e)(4), (g), and (h), with the
exceptions specified in paragraphs (a)(1) through (4) of this section
and the additions specified in paragraph (b) of this section.
Performance tests shall be conducted under such conditions as the
Administrator specifies to the owner or operator based on
representative performance of the affected source for the period being
tested. Representative conditions exclude periods of startup and
shutdown unless specified by the Administrator or an applicable
subpart. The owner or operator may not conduct performance tests during
periods of malfunction. The owner or operator must record the process
information that is necessary to document operating conditions during
the test and include in such record an explanation to support that such
conditions represent normal operation. Upon request, the owner or
operator shall make available to the Administrator such records as

may be necessary to determine the conditions of performance tests.
    (1) Performance tests shall be conducted according to the general
provisions' performance testing requirements in Sec.  63.7(e)(2),
except that for all emission sources except process vents from batch
unit operations, performance tests shall be conducted during maximum
representative operating conditions for the process achievable during
one of the time periods described in paragraph (a)(1)(i) of this
section, without causing any of the situations described in paragraphs
(a)(1)(ii) or (iii) of this section to occur. * * *

0
37. Section 63.1438 is amended by:
0
a. Revising paragraphs (e)(1) introductory text and (e)(2);
0
b. Revising paragraphs (f)(1)(v), (f)(3)(ii)(B), and the last sentence
of paragraph (f)(4); and
0
c. Removing paragraph (g).
    The revisions read as follows:

Sec.  63.1438  Parameter monitoring levels and excursions.

* * * * *
    (e) * * *
    (1) Each excursion, as defined in paragraphs (f)(1)(i),
(f)(2)(i)(A), (f)(2)(ii), (f)(3)(i), and (f)(4) of this section,
constitutes a violation of the provisions of this subpart in accordance
with paragraphs (e)(1)(i), (ii), or (iii) of this section.
* * * * *
    (2) Each excursion, as defined in paragraphs (f)(1)(ii),
(f)(1)(iii), (f)(2)(i)(B), and (f)(3)(ii) of this section constitutes a
violation of the operating limit.
    (f) * * *
    (1) * * *
    (v) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies, are not considered to be part of the period of
combustion, recovery, or recapture device operation, for the purposes
of paragraphs (f)(1)(ii) and (iii) of this section.
* * * * *
    (3) * * *
    (ii) * * *
    (B) Subtract the time during the periods of non-operation of the
affected source (or portion thereof), resulting in cessation of the
emissions to which the monitoring applies, from the total amount of
time determined above in paragraph (f)(3)(ii)(A) of this section, to
obtain the operating time used to determine if monitoring data are
insufficient.
* * * * *
    (4) * * * For each excursion, the owner or operator shall be deemed
out of compliance with the provisions of this subpart, in accordance
with paragraph (e) of this section.
* * * * *

0
38. Section 63.1439 is amended by:
0
a. Revising paragraphs (b)(1) and (c);
0
b. Revising the first two sentences of paragraph (d) introductory text;
0
c. Revising paragraph (d)(7);
0
d. Adding paragraph (d)(10);
0
e. Revising the first sentence of paragraph (e) introductory text;
0
f. Revising the last sentence of paragraph (e)(3) introductory text;
0
g. Revising the first sentence of paragraph (e)(4) introductory text;
0
h. Adding a sentence to the end of paragraph (e)(4)(i);
0
i. Revising the last sentence of paragraph (e)(4)(ii);
0
j. Revising paragraph (e)(4)(v);
0
k. Removing and reserving paragraph (e)(4)(vi);
0
l. Revising paragraph (e)(4)(vii)(B);
0
m. Adding a sentence to the end of paragraph (e)(5) introductory text;
0
n. Adding a sentence to the end of paragraph (e)(5)(vii);
0
o. Adding paragraph (e)(5)(viii);
0
p. Revising the first sentence of paragraph (e)(6) introductory text;
0
q. Revising paragraphs (e)(6)(iii)(D)(3), (e)(6)(iii)(E),
(e)(6)(viii)(A)(1), and (e)(6)(viii)(D);
0
r. Adding paragraphs (e)(6)(ix) and (e)(9);
0
s. Revising the first sentence of paragraph (h)(1)(i);
0
t. Revising paragraph (h)(1)(ii);
0
u. Revising the first sentence of paragraph (h)(1)(iii); and
0
v. Revising paragraphs (h)(2)(iii) and (h)(2)(iv).
    The revisions and additions read as follows:

Sec.  63.1439  General recordkeeping and reporting provisions.

* * * * *
    (b) * * *
    (1) Malfunction recordkeeping and reporting. (i) Records of
malfunctions. The owner or operator shall keep the records specified in
paragraphs (b)(1)(i)(A) through (C) of this section.
    (A) In the event that an affected unit fails to meet an applicable
standard, record the number of failures. For each failure record the
date, time, and duration of each failure.
    (B) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
quantity of each regulated pollutant emitted over any emission limit,
and a description of the method used to estimate the emissions.
    (C) Record actions taken to minimize emissions in accordance with
Sec.  63.1420(h)(4), and any corrective actions taken to return the
affected unit to its normal or usual manner of operation.
    (ii) Reports of malfunctions. If a source fails to meet an
applicable standard, report such events in the Periodic Report. Report
the number of failures to meet an applicable standard. For each
instance, report the date, time, and duration of each failure. For each
failure the report must include a list of the affected sources or
equipment, an estimate of the quantity of each regulated pollutant
emitted over any emission limit, and a description of the method used
to estimate the emissions.
* * * * *
    (c) Subpart H requirements. The owner or operator of an affected
source shall comply with the HON equipment leak reporting and
recordkeeping requirements in 40 CFR part 63, subpart H, except as
specified in Sec.  63.1434(b) through (h).
    (d) Recordkeeping and documentation. The owner or operator required
to keep continuous records shall keep records as specified in
paragraphs (d)(1) through (10) of this section, unless an alternative
recordkeeping system has been requested and approved as specified in
paragraph (g) of this section, and except as provided in paragraph (h)
of this section. If a monitoring plan for storage vessels pursuant to
Sec.  63.1432(i) requires continuous records, the monitoring plan shall
specify which provisions, if any, of paragraphs (d)(1) through (10) of
this section apply. * * *
    (7) Monitoring data recorded during periods identified in
paragraphs (d)(7)(i) and (ii) of this section shall not be included in
any average computed under this subpart. Records shall be kept of the
times and durations of all such periods and any other periods during
process or combustion, recovery, or recapture device operation when
monitors are not operating.
    (i) Monitoring system breakdowns, repairs, calibration checks, and
zero (low-level) and high-level adjustments; or
    (ii) Periods of non-operation of the affected source (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies.
* * * * *
    (10) For pressure relief devices in organic HAP service, keep
records of the information specified in paragraphs (d)(10)(i) through
(v) of this section, as applicable.
    (i) A list of identification numbers for pressure relief devices
that the owner or

operator elects to equip with a closed-vent system and control device,
subject to the provisions in Sec.  63.1434(c)(4).
    (ii) A list of identification numbers for pressure relief devices
subject to the provisions in Sec.  63.1434(c)(1).
    (iii) A list of identification numbers for pressure relief devices
equipped with rupture disks, subject to the provisions in Sec.
63.1434(c)(2)(ii).
    (iv) The dates and results of the Method 21 of 40 CFR part 60,
appendix A, monitoring following a pressure release for each pressure
relief device subject to the provisions in Sec.  63.1434(c)(1) and (2).
The results shall include:
    (A) The background level measured during each compliance test.
    (B) The maximum instrument reading measured at each piece of
equipment during each compliance test.
    (v) For pressure relief devices in organic HAP service subject to
Sec.  63.1434(c)(3), keep records of each pressure release to the
atmosphere, including the following information:
    (A) The source, nature, and cause of the pressure release.
    (B) The date, time, and duration of the pressure release.
    (C) The quantity of total HAP emitted during the pressure release
and the calculations used for determining this quantity.
    (D) The actions taken to prevent this pressure release.
    (E) The measures adopted to prevent future such pressure releases.
    (e) Reporting and notification. In addition to the reports and
notifications required by 40 CFR part 63, subpart A, as specified in
this subpart, the owner or operator of an affected source shall prepare
and submit the reports listed in paragraphs (e)(3) through (9) of this
section, as applicable. * * *
    (3) * * * The General Provisions' Initial Notification requirements
in Sec.  63.9(b)(2) and (3) shall not apply for the purposes of this
subpart.
* * * * *
    (4) Precompliance Report. The owner or operator of an affected
source requesting an extension for compliance; requesting approval to
use alternative monitoring parameters, alternative continuous
monitoring and recordkeeping, or alternative controls; or requesting
approval to establish parameter monitoring levels according to the
procedures contained in Sec.  63.1438(c) or (d) shall submit a
Precompliance Report according to the schedule described in paragraph
(e)(4)(i) of this section. * * *
    (i) * * * To submit a Precompliance Report for the first time after
the compliance date to request an extension for compliance; request
approval to use alternative monitoring parameters, alternative
continuous monitoring and recordkeeping, or alternative controls; or
request approval to establish parameter monitoring levels according to
the procedures contained in Sec.  63.1438(c) or (d), the owner or
operator shall notify the Administrator at least 90 days before the
planned change is to be implemented; the change shall be considered
approved if the Administrator either approves the change in writing, or
fails to disapprove the change in writing within 45 days of receipt.
    (ii) * * * The request for a compliance extension shall include the
data outlined in the General Provisions' compliance requirements in
Sec.  63.6(i)(6)(i)(A) and (B), as required in Sec.  63.1422(e)(1).
* * * * *
    (v) The owner or operator shall report the intent to use an
alternative emission standard to comply with the provisions of this
subpart in the Precompliance Report. The Administrator may deem an
alternative emission standard to be equivalent to the standard required
by the subpart, under the procedures outlined in the General
Provisions' requirements for use of an alternative nonopacity emission
standard, in Sec.  63.6(g).
* * * * *
    (vii) * * *
    (B) Supplements to the Precompliance Report may be submitted to
request approval to use alternative monitoring parameters, as specified
in paragraph (e)(4)(iii) of this section; to use alternative continuous
monitoring and recordkeeping, as specified in paragraph (e)(4)(iv) of
this section; or to use alternative controls, as specified in paragraph
(e)(4)(v) of this section.
* * * * *
    (5) * * * For pressure relief devices subject to the requirements
of Sec.  63.1434(c)(3), the owner or operator shall submit the
information listed in paragraph (e)(5)(viii) of this section in the
Notification of Compliance Status within 150 days after the first
applicable compliance date for pressure relief device monitoring.
* * * * *
    (vii) * * * An owner or operator who transfers a Group 1 process
vent for disposal pursuant to Sec.  63.113(i) shall include in the
Notification of Compliance Status the name and location of the
transferee, and the identification of the Group 1 process vent.
    (viii) For pressure relief devices in organic HAP service, a
description of the device or monitoring system to be implemented,
including the pressure relief devices and process parameters to be
monitored (if applicable), a description of the alarms or other methods
by which operators will be notified of a pressure release, and a
description of how the owner or operator will determine the information
to be recorded under paragraphs (d)(10)(v)(B) and (C) of this section
(i.e., the duration of the pressure release and the methodology and
calculations for determining of the quantity of total HAP emitted
during the pressure release).
    (6) Periodic Reports. For existing and new affected sources, the
owner or operator shall submit Periodic Reports as specified in
paragraphs (e)(6)(i) through (ix) of this section. * * *
    (iii) * * *
    (D) * * *
    (3) For gas streams sent for disposal pursuant to Sec.  63.113(i)
or for process wastewater streams sent for treatment pursuant to Sec.
63.132(g), reports of changes in the identity of the treatment facility
or transferee.
    (E) The information in paragraph (b)(1)(ii) of this section for
reports of malfunctions.
* * * * *
    (viii) * * *
    (A) * * *
    (1) A combustion, recovery, or recapture device for a particular
emission point or process section has one or more excursions, as
defined in Sec.  63.1438(f), in two consecutive semiannual reporting
periods; or
* * * * *
    (D) After quarterly reports have been submitted for an emission
point for 1 year without one or more excursions occurring (during that
year), the owner or operator may return to semiannual reporting for the
emission point or process section.
    (ix) For pressure relief devices in organic HAP service, Periodic
Reports must include the information specified in paragraphs
(e)(6)(ix)(A) through (C) of this section.
    (A) For pressure relief devices in organic HAP service subject to
Sec.  63.1434(c), report confirmation that all monitoring to show
compliance was conducted within the reporting period.
    (B) For pressure relief devices in organic HAP gas or vapor service
subject to Sec.  63.1434(c)(2), report any instrument reading of 500
ppm above background or greater, more than 5 calendar days after the
pressure release.
    (C) For pressure relief devices in organic HAP service subject to

Sec.  63.1434(c)(3), report each pressure release to the atmosphere,
including the following information:
    (1) The source, nature, and cause of the pressure release.
    (2) The date, time, and duration of the pressure release.
    (3) The quantity of total HAP emitted during the pressure release
and the method used for determining this quantity.
    (4) The actions taken to prevent this pressure release.
    (5) The measures adopted to prevent future such pressure releases.
* * * * *
    (9) Electronic reporting. Within 60 days after the date of
completing each performance test (as defined in Sec.  63.2), the owner
or operator must submit the results of the performance tests, including
any associated fuel analyses, required by this subpart according to the
methods specified in paragraphs (e)(9)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA-
provided software, the owner or operator shall submit the results of
the performance test to the EPA by direct computer-to-computer
electronic transfer via EPA-provided software, unless otherwise
approved by the Administrator. Owners or operators, who claim that some
of the information being submitted for performance tests is
confidential business information (CBI), must submit a complete file
using EPA-provided software that includes information claimed to be CBI
on a compact disk, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The
same file with the CBI omitted must be submitted to the EPA by direct
computer-to-computer electronic transfer via EPA-provided software.
    (ii) For any performance test conducted using test methods that are
not compatible with the EPA-provided software, the owner or operator
shall submit the results of the performance test to the Administrator
at the appropriate address listed in Sec.  60.4.
* * * * *
    (h) * * *
    (1) * * *
    (i) The monitoring system is capable of detecting unrealistic or
impossible data during periods of operation (e.g., a temperature
reading of -200 [deg]C on a boiler), and will alert the operator by
alarm or other means. * * *
    (ii) The monitoring system generates, updated at least hourly
throughout each operating day, a running average of the monitoring
values that have been obtained during that operating day, and the
capability to observe this running average is readily available to the
Administrator on-site during the operating day. The owner or operator
shall record the occurrence of any period meeting the criteria in
paragraphs (h)(1)(ii)(A) and (B) of this section. All instances in an
operating day constitute a single occurrence.
    (A) The running average is above the maximum or below the minimum
established limits; and
    (B) The running average is based on at least six 1-hour average
values.
    (iii) The monitoring system is capable of detecting unchanging data
during periods of operation, except in circumstances where the presence
of unchanging data are the expected operating condition based on past
experience (e.g., pH in some scrubbers), and will alert the operator by
alarm or other means. * * *
    (2) * * *
    (iii) The owner or operator shall retain the records specified in
paragraph (h)(1) of this section, for the duration specified in
paragraph (h) of this section. For any calendar week, if compliance
with paragraphs (h)(1)(i) through (iv) of this section does not result
in retention of a record of at least one occurrence or measured
parameter value, the owner or operator shall record and retain at least
one parameter value during a period of operation.
    (iv) For the purposes of paragraph (h) of this section, an
excursion means that the daily average of monitoring data for a
parameter is greater than the maximum, or less than the minimum
established value.

0
39. Table 1 to Subpart PPP of Part 63 is amended by:
0
a. Removing entries 63.1(a)(6)-(8) and 63.1(a)(9);
0
b. Adding entries 63.1(a)(6) and 63.1(a)(7)-(9);
0
c. Revising entries 63.1(c)(4), 63.6(e), 63.6(e)(1)(i), and
63.6(e)(1)(ii);
0
d. Adding entry 63.6(e)(3);
0
e. Removing entries 63.6(e)(3)(i), 63.6(e)(3)(i)(A), 63.6(e)(3)(i)(B),
63.6(e)(3)(i)(C), 63.6(e)(3)(ii), 63.6(e)(3)(iii), 63.6(e)(3)(iv),
63.6(e)(3)(v), 63.6(e)(3)(vi), 63.6(e)(3)(vii), 63.6(e)(3)(vii)(A),
63.6(e)(3)(vii)(B), 63.6(e)(3)(vii)(C), 63.6(e)(3)(viii), and
63.6(e)(3)(ix);
0
f. Revising entries 63.6(f)(1), 63.7(e)(1), 63.8(c)(1)(i),
63.8(c)(1)(ii), and 63.8(c)(1)(iii);
0
g. Adding entry 63.10(d)(5);
0
h. Removing entries 63.10(d)(5)(i) and 63.10(d)(5)(ii); and
0
i. Removing footnote (a).
    The revisions and additions read as follows:

 Table 1 of Subpart PPP of Part 63--Applicability of General Provisions
                     to Subpart PPP Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart PPP          Explanation
------------------------------------------------------------------------

                              * * * * * * *
63.1(a)(6)....................  Yes..............  .....................
63.1(a)(7)-(9)................  No...............  Reserved.

                              * * * * * * *
63.1(c)(4)....................  No...............  Reserved.

                              * * * * * * *
63.6(e).......................  Yes..............  Except as otherwise
                                                    specified for
                                                    individual
                                                    paragraphs.
Sec.   63.6(e)(1)(i)..........  No...............  See Sec.
                                                    63.1420(h)(4) for
                                                    general duty
                                                    requirement.
Sec.   63.6(e)(1)(ii).........  No...............  .....................

                              * * * * * * *
Sec.   63.6(e)(3).............  No...............  .....................
Sec.   63.6(f)(1).............  No...............  .....................

                              * * * * * * *
Sec.   63.7(e)(1).............  No...............  See Sec.
                                                    63.1437(a).

                              * * * * * * *
Sec.   63.8(c)(1)(i)..........  No...............  .....................
Sec.   63.8(c)(1)(ii).........  No...............  .....................
Sec.   63.8(c)(1)(iii)........  No...............  .....................

                              * * * * * * *
Sec.   63.10(d)(5)............  No...............  See Sec.
                                                    63.1439(b)(1)(ii)
                                                    for malfunction
                                                    reporting
                                                    requirements.

                              * * * * * * *
------------------------------------------------------------------------

0
40. Table 2 to Subpart PPP of part 63 is amended by:
0
a. Revising the title;
0
b. Adding entries 63.107 and 63.153; and
0
c. Revising entry 63.160-63.182.
    The revisions and additions read as follows:

       Table 2 of Subpart PPP of Part 63--Applicability of HON Provisions to Subpart PPP Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                                Applicable
               Reference                  Applies to subpart PPP            Explanation             section of
                                                                                subpart PPP
----------------------------------------------------------------------------------------------------------------
Subpart F:

                                                  * * * * * * *
    63.107............................  No.......................  .............................  ..............

                                                  * * * * * * *
Subpart G:

                                                  * * * * * * *
    63.153............................  No.......................  .............................         63.1421
Subpart H:
    63.160-63.182.....................  Yes......................  Subpart PPP affected sources          63.1434
                                                                    shall comply with all
                                                                    requirements of subpart H,
                                                                    with the differences noted
                                                                    in 63.1422(d), 63.1422(h),
                                                                    and 63.1434.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
41. Table 7 to Subpart PPP of part 63 is amended by revising the title
to read as follows:

Table 7 of Subpart PPP of Part 63--Operating Parameters for Which
Monitoring Levels Are Required To Be Established for Process Vent
Streams
* * * * *
[FR Doc. 2014-04305 Filed 3-26-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 954-955]
[FR Doc No: 2022-00088]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15245-000]

PacifiCorp; Notice of Preliminary Permit Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

    On October 13, 2021, PacifiCorp filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Saddle Mountains Pumped
Storage Project (Saddle Mountains Project or project) to be located
near Crab Creek and the Columbia River in Grant County, Washington. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    Two alternatives are being considered for the Saddle Mountains
Project. Alternative 1 would consist of the following new facilities:
(1) An upper reservoir located approximately 7 miles east of Beverly,
Washington, with a surface area of 312 acres and a storage volume of
approximately 4,750 acre-feet created by a 1,300-foot-long, 25-foot-
high embankment dam; (2) a lower reservoir with a surface area of 115
acres and a storage volume of approximately 4,000 acre-feet created by
a 6,775-foot-long, 75-foot-high embankment dam; (3) a 1.5-mile-long
steel penstock with a diameter of 23-feet (if only one generating unit
is used) or trifurcating into three separate 13.25-foot-diameter
segments (if three generating units are used) connecting the upper
reservoir with the powerhouse/pump station; (4) a 150-foot-long, 50-
foot-wide concrete powerhouse/pump station located on the lower
reservoir shoreline containing up to three generating/pumping units for
a total generating capacity of 500 megawatts (MW); (5) an approximate
9.0-mile, 230-kilovolt (kV) transmission line interconnecting to a new
substation west and north of the project reservoirs and adjacent to the
existing Vantage BPA substation that would interconnect to the regional
transmission grid; (6) an approximately 10-mile-long underground
pipeline diverting water for construction, initial fill, and annual
maintenance fill (i.e., water would be sourced west and north of the
project reservoirs from one or more of the following: Surface water,
the Columbia River and/or its tributaries, groundwater, or storage
water); and, (7) appurtenant facilities.
    The majority of the facilities for Alternative 2 (i.e., project
reservoirs, penstock, and powerhouse, etc.) would be located
approximately 3 miles east of their counterparts under Alternative 1.
Alternative 2 would consist of the following new facilities: (1) An
upper reservoir with a surface area of 100 acres and a storage volume
of approximately 3,300 acre-feet created by a 2,370-foot-long, 190-
foot-high embankment dam; (2) a lower reservoir with a surface area of
84 acres and a storage volume of approximately 4,000 acre-feet created
by a 8,450-foot-long, 60-foot-high embankment dam; (3) a 0.6-mile-long
steel penstock with a diameter of 23-feet (if only one generating unit
is used) or trifurcating into three separate 13.25-foot-diameter
segments (if three generating units are used) connecting the upper
reservoir with the powerhouse/pump station; (4) a 150-foot-long, 50-
foot-wide concrete powerhouse/pump station located on the lower
reservoir shoreline containing up to three generating/pumping units for
a total generating capacity of 500 MW; (5) an approximate 12.7-mile,
230-kV transmission line interconnecting to the same substation under
Alternative 1; (6) an approximately 10-mile-long underground pipeline
diverting water for construction, initial fill, and annual maintenance
fill (i.e., water would be sourced west of the project reservoirs and
south of the source location for Alternative 1 from one or more of the
following: Surface water, the Columbia River and/or its tributaries,
groundwater, or storage water); and, (7) appurtenant facilities.
    The estimated annual generation of the Saddle Mountains Project
would be 1,460 gigawatt-hours.
    Applicant Contact: Tim Hemstreet, Managing Director, Renewable
Energy Development, PacifiCorp, 825 NE Multnomah, Suite 1800, Portland,
OR 97232; email: [email protected]; phone:<PHONE_NUMBER>.
    FERC Contact: Michael Tust; email: [email protected]; phone:
(202) 502-6522.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-15245-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at https://www.ferc.gov/ferc-online/elibrary.
Enter the docket number (P-15245) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: January 3, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-00088 Filed 1-6-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 27, 2009 (Volume 74, Number 142)]
[Notices]
[Page 37029]
[DOCID:fr27jy09-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Southwest Power Pool Inc.
Regional State Committee Meeting and Southwest Power Pool Inc. Board of
Directors/Members Committee Meeting

July 20, 2009.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meeting of the Southwest Power Pool
Inc. (SPP) Regional State Committee and SPP Board of Directors/Members
Committee meeting, as noted below. Their attendance is part of the
Commission's ongoing outreach efforts.

SPP Regional State Committee Meeting

July 27, 2009 (1 p.m.-5 p.m.) Kansas City Airport Marriott, 775
Brasilia Ave., Kansas City, Missouri 64153.

SPP Board of Directors Meeting

July 28, 2009 (8:30 a.m.-3 p.m.) Kansas City Airport Marriott, 775
Brasilia Ave., Kansas City, Missouri 64153.

    The discussions may address matters at issue in the following
proceedings:

Docket No. ER06-451, Southwest Power Pool, Inc.;
Docket No. ER08-923, Southwest Power Pool, Inc.;
Docket No. ER08-1307, Southwest Power Pool, Inc.;
Docket No. ER08-1308, Southwest Power Pool, Inc.;
Docket No. ER08-1357, Southwest Power Pool, Inc.;
Docket No. ER08-1358, Southwest Power Pool, Inc.;
Docket No. ER08-1419, Southwest Power Pool, Inc.;
Docket No. ER08-1516, Southwest Power Pool, Inc.;
Docket No. EL08-80, Oklahoma Corporation Commission;
Docket No. ER09-35, Tallgrass Transmission LLC;
Docket No. ER09-36, Prairie Wind Transmission LLC;
Docket No. ER09-149, Southwest Power Pool, Inc.;
Docket No. ER09-262, Southwest Power Pool, Inc.;
Docket No. ER09-336, Southwest Power Pool, Inc.;
Docket No. ER09-342, Southwest Power Pool, Inc.;
Docket No. ER09-443, Southwest Power Pool, Inc.;
Docket No. ER09-659, Southwest Power Pool, Inc.;
Docket No. ER09-748, Southwest Power Pool, Inc.;
Docket No. ER09-883, Southwest Power Pool, Inc.;
Docket No. ER09-1039, Southwest Power Pool, Inc.;
Docket No. ER09-1042, Southwest Power Pool, Inc.;
Docket No. ER09-1050, Southwest Power Pool, Inc.;
Docket No. ER09-1055, Southwest Power Pool, Inc.;
Docket No. ER09-1056, Southwest Power Pool, Inc.;
Docket No. ER09-1057, Southwest Power Pool, Inc.;
Docket No. ER09-1068, Southwest Power Pool, Inc.;
Docket No. ER09-1080, Southwest Power Pool, Inc.;
Docket No. ER09-1136, Southwest Power Pool, Inc.;
Docket No. ER09-1130, Southwest Power Pool, Inc.;
Docket No. ER09-1140, Southwest Power Pool, Inc.;
Docket No. ER09-1152, Southwest Power Pool, Inc.;
Docket No. ER09-1172, Southwest Power Pool, Inc.;
Docket No. ER09-1174, Southwest Power Pool, Inc.;
Docket No. ER09-1177, Southwest Power Pool, Inc.;
Docket No. ER09-1192, Southwest Power Pool, Inc.;
Docket No. ER09-1202, Southwest Power Pool, Inc.;
Docket No. ER09-1212, Southwest Power Pool, Inc.;
Docket No. ER09-1219, Southwest Power Pool, Inc.;
Docket No. ER09-1223, Southwest Power Pool, Inc.;
Docket No. ER09-1230, Southwest Power Pool, Inc.;
Docket No. ER09-1234, Southwest Power Pool, Inc.;
Docket No. ER09-1236, Southwest Power Pool, Inc.;
Docket No. ER09-1238, Southwest Power Pool, Inc.;
Docket No. ER09-1242, Southwest Power Pool, Inc.;
Docket No. ER09-1245, Southwest Power Pool, Inc.;
Docket No. ER09-1249, Southwest Power Pool, Inc.;
Docket No. ER09-1250, Southwest Power Pool, Inc.;
Docket No. ER09-1254, Southwest Power Pool, Inc.;
Docket No. ER09-1255, Southwest Power Pool, Inc.;
Docket No. ER09-1258, Southwest Power Pool, Inc.;
Docket No. ER09-1273, Westar Energy, Inc.;
Docket No. ER09-1306, Southwest Power Pool, Inc.;
Docket No. ER09-1338, Southwest Power Pool, Inc.;
Docket No. ER09-1343, Southwest Power Pool, Inc.;
Docket No. ER09-1352, Southwest Power Pool, Inc.;
Docket No. ER09-1370, Southwest Power Pool, Inc.;
Docket No. ER09-1380, Southwest Power Pool, Inc.;
Docket Nos. OA08-5 and EL09-40, Southwest Power Pool, Inc.;
Docket No. OA08-60, Southwest Power Pool, Inc.;
Docket No. OA08-61, Southwest Power Pool, Inc.;
Docket No. OA08-104, Southwest Power Pool, Inc.

    These meetings are open to the public.
    For more information, contact John Rogers, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-17760 Filed 7-24-09; 8:45 am]


[Federal Register: September 16, 2009 (Volume 74, Number 178)]
[Notices]
[Page 47643]
[DOCID:fr16se09-112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership in the National Parks Overflights Advisory Group
Aviation Rulemaking Committee

ACTION: Notice.

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SUMMARY: By Federal Register notices (See 74 FR 16442; April 10, 2009
and 74 FR 33014, July 9, 2009) the National Park Service (NPS) and the
Federal Aviation Administration (FAA) invited interested persons to
apply to fill vacant position on the National Parks Overflights
Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). These
notices invited interested persons to apply to fill two vacancies
representing environmental and Native American tribal concerns due to
the incumbent member's completion of their three-year term appointments
on October 9, 2009. This notice informs the public of the persons
selected to fill the vacancies on the NPOAG ARC.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, Special Programs Staff,
Federal Aviation Administration, Western-Pacific Region Headquarters,
P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-18 1. The Act required the
establishment of the advisory group within 1 year after its enactment.
The NPOAG was established in March 2001. The advisory group is
comprised of a balanced group of representatives of general aviation,
commercial air tour operations, environmental concerns, and Native
American tribes. The Administrator of the FAA and the Director of NPS
(or their designees) serve as ex officio members of the group.
Representatives of the Administrator and Director serve alternating 1-
year terms as chairman of the advisory group.
    In accordance with the Act, the advisory group provides ``advice,
information, and recommendations to the Administrator and the
Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''

Membership

    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American interests. Current members of the NPOAG
ARC are as follows:
    Claire Kultgen representing general aviation; Alan Stephen, Elling
Halvorson, and Matthew Zuccaro representing commercial air tour
operations; Chip Dennerlein. Greg Miller, Kristen Brengel, and Don
Barger representing environmental interests; and Rory Majenty and
Richard Deertrack representing Native American tribes.

Selection

    Selected to fill the vacancy for environmental concerns, for an
additional term, is returning member Chip Dennerlein. Selected to fill
the vacancy for Native American tribal concerns is Ray Russell, who
will replace Richard Deertrack. Both these terms begin on October 10,
2009. The term of service for NPOAG ARC members is 3 years.

    Issued in Hawthorne, CA on September 8, 2009.
Barry Brayer,
Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. E9-22152 Filed 9-15-09; 8:45 am]