[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Notices]
[Page 63342]
[FR Doc No: 2011-26329]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-44]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petitions or their final disposition.

DATES: Comments on these petitions must identify the petition docket
number involved and must be received on or before November 1, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2011-
1039 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tyneka L. Thomas,<PHONE_NUMBER>, or
Ralen Gao,<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 5, 2011.
Dennis Pratte,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-1039.
    Petitioner: PHI, Inc.
    Section of 14 CFR Affected: Sec.  91.9(a).
    Description of Relief Sought:
    PHI, Inc. (PHI), requests an exemption from 91.9(a) to allow PHI to
operate S-92A helicopters in accordance with Performance Class 2 with
limited exposure to engine failure during takeoff and landing while
carrying up to 19 passengers.
[FR Doc. 2011-26329 Filed 10-11-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Notices]
[Pages 65090-65093]
[FR Doc No: 2020-22631]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90111; File No. SR-NYSE-2020-80]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt Temporary Commentary .10 Under NYSE Rule 1210

October 7, 2020.
    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 September 25, 2020, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II 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 a rule change to adopt temporary Commentary
.10 (Temporary Extension of the Limited Period for Registered Persons
to Function as Principals) under NYSE Rule 1210 (Registration
Requirements) applicable to member organizations. The proposed rule
change is available on the Exchange's website 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to adopt temporary Commentary .10 (Temporary
Extension of the Limited Period for Registered Persons to Function as
Principals) under NYSE Rule 1210 (Registration Requirements) applicable
to member organizations.\4\ The proposed rule change would extend the
120-day period that certain individuals can function as a principal
without having successfully passed an appropriate qualification
examination through December 31, 2020,\5\ and would apply only to those
individuals who were designated to function as a principal prior to
September 3, 2020. This proposed rule change is based on a filing
recently submitted by the Financial Regulatory Authority, Inc.
(``FINRA'') \6\ and is intended to

harmonize the Exchange's registration rules with those of FINRA so as
to promote uniform standards across the securities industry.
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    \4\ The term ``member organization'' means a registered broker
or dealer (unless exempt pursuant to the Securities Exchange Act of
1934) (the ``Act''), including sole proprietors, partnerships,
limited liability partnerships, corporations, and limited liability
corporations, approved by the Exchange pursuant to Rule 311. A
registered broker or dealer must also be approved by the Exchange
and authorized to designate an associated natural person to effect
transactions on the floor of the Exchange or any facility thereof.
See Rule 2(b)(i). The term ``member organization'' also includes any
registered broker or dealer which does not own a trading license and
agrees to be regulated by the Exchange as a member organization and
which the Exchange has agreed to regulate. See Rule 2(b)(ii).
    \5\ If NYSE seeks to provide additional temporary relief from
the rule requirements identified in this proposed rule change beyond
December 31, 2020, NYSE will submit a separate rule filing to
further extend the temporary extension of time.
    \6\ See Securities Exchange Act Release No. 89732 (September 1,
2020), 85 FR 55535 (September 8, 2020) (SR-FINRA-2020-026) (the
``FINRA Filing''). The Exchange notes that the FINRA Filing also
provides temporary relief to individuals registered with FINRA as
Operations Professionals under FINRA Rule 1220. The Exchange does
not have a registration category for Operations Professionals and
therefore, the Exchange is not proposing to adopt that aspect of the
FINRA Filing.
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    In response to COVID-19, earlier this year FINRA began providing
temporary relief by way of frequently asked questions (``FAQs'') \7\ to
address disruptions to the administration of FINRA qualification
examinations caused by the pandemic that have significantly limited the
ability of individuals to sit for examinations due to Prometric test
center capacity issues.\8\
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    \7\ See https://www.finra.org/rules-guidance/key-topics/covid-19/faq#qe.
    \8\ At the outset of the COVID-19 pandemic, all FINRA
qualification examinations were administered at test centers
operated by Prometric. Based on the health and welfare concerns
resulting from COVID-19, in March Prometric closed all of its test
centers in the United States and Canada and began to slowly reopen
some of them at limited capacity in May. At this time, not all of
these Prometric test centers have reopened at full capacity.
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    FINRA published the first FAQ on March 20, 2020, providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 \9\ prior to February 2, 2020, would be given until May
31, 2020, to pass the appropriate principal qualification
examination.\10\ On May 19, 2020, FINRA extended the relief to pass the
appropriate examination until June 30, 2020. Most recently, on June 29,
2020, FINRA again extended the temporary relief providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 prior to May 4, 2020, would be given until August 31,
2020, to pass the appropriate principal qualification examination.
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    \9\ NYSE Rule 1210.03 is the corresponding rule to FINRA Rule
1210.04.
    \10\ FINRA Rule 1210.04 (Requirements for Registered Persons
Functioning as Principals for a Limited Period) allows a member firm
to designate certain individuals to function in a principal capacity
for 120 calendar days before having to pass an appropriate principal
qualification examination. NYSE Rule 1210.03 provides the same
allowance to member organizations.
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    One of the impacts of COVID-19 continues to be serious
interruptions in the administration of FINRA qualification examinations
at Prometric test centers and the limited ability of individuals to sit
for the examinations.\11\ Although Prometric has begun reopening test
centers, Prometric's safety practices mean that currently not all test
centers are open, some of the open test centers are at limited
capacity, and some open test centers are delivering only certain
examinations that have been deemed essential by the local
government.\12\ Furthermore, Prometric has had to close some reopened
test centers due to incidents of COVID-19 cases. The initial nationwide
closure in March along with the inability to fully reopen all Prometric
test centers due to COVID-19 have led to a significant backlog of
individuals who are waiting to sit for FINRA examinations.\13\
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    \11\ Information about the continued impact of COVID-19 on
FINRA-administered examinations is available at https://www.finra.org/rules-guidance/keytopics/covid-19/exams.
    \12\ Information from Prometric about its safety practices and
the impact of COVID-19 on its operations is available at https://www.prometric.com/corona-virus-update. See also supra note 11.
    \13\ Although an online test delivery service has been launched
to help address the backlog, the General Securities Principal
Examination (Series 24) is not available online. See supra note 11.
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    In addition, firms are continuing to experience operational
challenges with much of their personnel working from home due to
shelter-in-place orders, restrictions on businesses and social activity
imposed in various states, and adherence to other social distancing
guidelines consistent with the recommendations of public health
officials.\14\ As a result, firms continue to face potentially
significant disruptions to their normal business operations that may
include a limitation of in-person activities and staff absenteeism as a
result of the health and welfare concerns stemming from COVID-19. Such
potential disruptions may be further exacerbated and may even affect
client services if firms cannot continue to keep principal positions
filled as they may have difficulty finding other qualified individuals
to transition into these roles or may need to reallocate employee time
and resources away from other critical responsibilities at the firm.
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    \14\ See, e.g., Centers for Disease Control and Prevention, How
to Protect Yourself & Others, https://www.cdc.gov/coronavirus/2019-ncov/prevent-gettingsick/prevention.html.
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    These ongoing, extenuating circumstances make it impracticable for
member organizations to ensure that the individuals whom they have
designated to function in a principal capacity, as set forth in NYSE
Rule 1210.03, are able to successfully sit for and pass an appropriate
qualification examination within the 120-calendar day period required
under the rule, or to find other qualified staff to fill this position.
The ongoing circumstances also require individuals to be exposed to the
health risks associated with taking an in-person examination, because
the General Securities Principal examination is not available online.
Therefore, NYSE is proposing to continue the temporary relief provided
through the FINRA FAQs by adopting Rule 1210.10 to extend the 120-day
period during which an individual can function as a principal before
having to pass an applicable qualification examination until December
31, 2020.\15\ The proposed rule change would apply only to those
individuals who were designated to function as a principal prior to
September 3, 2020. Any individuals designated to function as a
principal on or after September 3, 2020, would need to successfully
pass an appropriate qualification examination within 120 days.
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    \15\ See supra note 5.
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    NYSE believes that this proposed continued extension of time is
tailored to address the needs and constraints on a member
organization's operations during the COVID-19 pandemic, without
significantly compromising critical investor protection. The proposed
extension of time will help to minimize the impact of COVID-19 on
member organizations by providing continued flexibility so that member
organizations can ensure that principal positions remain filled. The
potential risks from the proposed extension of the 120-day period are
mitigated by the member organization's continued requirement to
supervise the activities of these designated individuals and ensure
compliance with federal securities laws and regulations, as well as
NYSE rules.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\16\ in general, and furthers the objectives of Section
6(b)(5),\17\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is intended to minimize the impact of
COVID-19 on member organization operations by extending the 120-day
period certain individuals may function as a principal without having
successfully passed an appropriate qualification examination under NYSE
Rule 1210.03 until December 31, 2020. The proposed rule

change does not relieve member organizations from maintaining, under
the circumstances, a reasonably designed system to supervise the
activities of their associated persons to achieve compliance with
applicable securities laws and regulations, and with applicable NYSE
rules that directly serve investor protection. In a time when faced
with unique challenges resulting from the COVID-19 pandemic, NYSE
believes that the proposed rule change is a sensible accommodation that
will continue to afford member organizations the ability to ensure that
critical positions are filled and client services maintained, while
continuing to serve and promote the protection of investors and the
public interest in this unique environment.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
intended to provide temporary relief given the impacts of the COVID-19
pandemic crisis and to also maintain consistency with the rules of
other self-regulatory organizations (``SROs'') with respect to the
registration requirements applicable to member organizations and their
registered personnel. In that regard, the Exchange believes that any
burden on competition would be clearly outweighed by providing member
organizations with temporary relief in this unique environment while
also ensuring clear and consistent requirements applicable across SROs
and mitigating any risk of SROs implementing different standards in
these important areas. In its filing, FINRA provides an abbreviated
economic impact assessment maintaining that the changes are necessary
to temporarily rebalance the attendant benefits and costs of the
obligations under FINRA Rule 1210 in response to the impacts of the
COVID-19 pandemic that is equally applicable to the changes the
Exchange proposes.\18\ The Exchange accordingly incorporates FINRA's
abbreviated economic impact assessment by reference.
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    \18\ FINRA Filing, 85 FR at 55537.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \19\ and Rule 19b-
4(f)(6) \20\ thereunder.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
NYSE has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. NYSE has asked the Commission to
waive the 30-day operative delay so that the proposed rule change may
become operative immediately upon filing. As noted above, NYSE stated
that the temporary proposed rule change is based on a recent rule
change by FINRA and is intended to harmonize NYSE's registration rules
with those of FINRA to promote uniform standards across the securities
industry.\21\ NYSE states that it will also help minimize the impact of
the COVID-19 outbreak on NYSE member organizations' operations by
allowing them to keep principal positions filled and minimizing
disruptions to client services and other critical responsibilities. The
ongoing extenuating circumstances of the COVID-19 pandemic make it
impractical to ensure that individuals designated to act in principal
capacities are able to take and pass the appropriate qualification
examination during the 120-calendar day period required under the
rules. Shelter-in-place orders, quarantining, restrictions on business
and social activity and adherence to other social distancing guidelines
consistent with the recommendation of public officials remain in place
in various states.\22\ Further, NYSE states that Prometric test centers
have experienced serious interruptions in the administration of FINRA
qualification examinations, resulting in a backlog of individuals
waiting to take these examinations. Following a nationwide closure of
all test centers earlier in the year, some test centers have re-opened,
but are operating at limited capacity or are only delivering certain
examinations that have been deemed essential by the local
government.\23\ FINRA has launched an online test delivery service to
help address this backlog. However, the General Securities Principal
(Series 24) Examination is not available online. NYSE states that the
temporary proposed rule change will provide needed flexibility to
ensure that these positions remain filled and is tailored to address
the constraints on member organizations' operations during the COVID-19
pandemic without significantly compromising critical investor
protection.\24\
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    \21\ See supra note 6.
    \22\ See supra note 14.
    \23\ See supra notes 11 and 12. NYSE states that Prometric has
also had to close some reopened test centers due to incidents of
COVID-19 cases.
    \24\ NYSE states that member organizations remain subject to the
continued requirement to supervise the activities of these
designated individuals and ensure compliance with federal securities
laws and regulations, as well as NYSE rules.
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    The Commission also notes that the proposal provides only temporary
relief from the requirement to pass certain qualification examinations
within the 120-day period in the rules. As proposed, this relief would
extend the 120-day period that certain individuals can function as
principals through December 31, 2020. NYSE has also stated that if it
requires temporary relief from the rule requirements identified in this
proposal beyond December 31, 2020, it may submit a separate rule filing
to extend the effectiveness of the temporary relief under these
rules.\25\ For these reasons, the Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest.\26\ Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\27\
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    \25\ See supra note 5.
    \26\ As noted above by the Exchange, this proposed temporary
change is based on a recent filing by FINRA that the Commission
approved with a waiver of the 30-day operative delay. See supra note
6, 85 FR at 55538.
    \27\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of

investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-80 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-NYSE-2020-80. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, on business days between the
hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street NE,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of NYSE. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSE-2020-80 and
should be submitted on or before November 4, 2020.
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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\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-22631 Filed 10-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Notices]
[Pages 62512-62513]
[FR Doc No: 2014-24672]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-95]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before November 6, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0765 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may

review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC, 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 8, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0765.
    Petitioner: Upward Aerial.
    Section of 14 CFR: parts 21 Subpart H, 45.23(b), 61.113(a) and (b),
91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a),
91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)
and (b).
    Description of Relief Sought: The petitioner is seeking an
exemption to commercially operate their small unmanned aircraft systems
(sUAS), equipped to conduct aerial videography and photography, for
closed set filming in the motion picture, television, and commercial
videography industries.

[FR Doc. 2014-24672 Filed 10-16-14; 8:45 am]
BILLING CODE 4910-13-P


MEMORANDUM

Date:
March 11, 2013

Subject:
Costs and Emission Reductions for the Proposed Wool Fiberglass Manufacturing NESHAP - Residual Risk and Technology Review (RTR) Amendments
Wool Fiberglass Manufacturing RTR
RTI Project No. 0213199.001.007
From:
Dave Reeves, RTI International

To:
Susan Fairchild
OAQPS/SPPD/NRG (D243-02)
U.S. Environmental Protection Agency
Research Triangle Park, NC  27711

      The purpose of this memorandum is to present the estimated costs for the wool fiberglass manufacturing industry to comply with the re-proposed RTR amendments.

      I. BACKGROUND

Based on the information provided by the wool fiberglass manufacturing industry and their primary trade association, North American Insulation Manufacturers Association (NAIMA), there are currently 30 facilities in the U.S. producing wool fiberglass. A letter from NAIMA dated June 8, 2011, stated "non-formaldehyde binder products represent the vast majority of the industry" and "all major sources have already converted or have announced plans to convert to non-phenol formaldehyde binders."  However, based on a review of the current permit status of all sources, there are 10 major source facilities with 8 gas-fired glass-melting furnaces and 31 manufacturing lines that will have to comply with the RTR amendments to the NESHAP (subpart NNN) requirements.  Industry comments on the proposed rule stated that several facilities have already switched all or most of their lines to non-HAP binders and submitted paperwork to be redesignated as area sources and no longer subject to subpart NNN.  Therefore, the following cost impacts are based on an estimated 10 facilities that were identified as major sources in the most recent industry information provided in December 2012.

      II. GLASS-MELTING FURNACES

Based on emissions test data received, we estimate that there are currently three gas-fired furnaces located at two facilities that cannot meet the proposed chromium compounds emission limit.  We have estimated the cost impact for those facilities based on the installation of a sodium hydroxide (NaOH) scrubber to remove chromium compounds from the furnace exhaust stream(s). The initial capital equipment cost was estimated to be $250,000 for each unit (scrubber) with a calculated annualized capital cost of $27,400 based on a 15-year equipment life and 7% interest rate. The annual operation and maintenance (O&M) costs were estimated to be $72,600 per unit. The combined annualized cost is $100,000 per scrubber. The highest chromium compound emitting furnace was idled in December 2011 and the company indicated that it may be re-built prior to being brought back on-line.

      III. ROTARY SPIN AND FLAME ATTENUATION MANUFACTURING LINES

As mentioned previously, several facilities have already switched all or most of their rotary spin (RS) manufacturing lines to non-PF binders.  Based on the most recent information provided by industry, we estimate that there will be 10 facilities subject to the final rule requirements with 18 RS manufacturing lines making bonded product.  Two of those facilities also have 13 bonded flame attenuation (FA) lines producing heavy density products and/or pipe insulation. Based on facility information collected in the survey responses, most facilities currently have thermal oxidizers and we assumed that the estimated 6 facilities currently not meeting the proposed emission limits have thermal oxidizers (or scrubbers) on their bonded product lines.  Therefore, there are no additional capital costs to comply with the new RS emission limits and we estimated operation and maintenance (O & M) costs for a thermal oxidizer at each facility to be $125,000 annually. All 10 major source facilities with bonded lines will incur additional testing costs to demonstrate compliance with the new phenol and methanol emission limits for forming and curing operations.

The total industry cost to comply with the proposed amendments is estimated to be $1.21 million per year. Table 1 summarizes the above information and associated cost impacts.

      IV.  COMPLIANCE TESTING COSTS
      Mr. Steffan Johnson of EPA's Measurement Policy Group provided the following cost estimates for compliance testing based on the test methods included in the final RTR amendments:

                                Emission Source

                                      HAP
                                     Test
                                    Method
                            Test Costs (in 2011 $)
                                  Test Freq-
                                     uency
                       Annualized Test Costs (in 2011 $)
                                    Comment

Gas-Fired Furnace

Chromium Compounds

                                      29

                                    $10,000

                                  Every year*

                                    $10,000
         *Reduced test frequency not included in this cost analysis.

Collection/ Curing  (combined)
Phenol and Methanol (already testing formaldehyde)

                                      318

                   $15,000 (combined phenol & methanol)

                                 Every 5 years

                                    $3,000
             $12,000 for each additional test  ($2,400 annualized)

* The final rule will allow owners/operators to reduce testing frequency for chromium compounds from every year to once every three years if the initial and second compliance tests are each less than 75% of the chromium compounds emission limit in the proposed amendments.

      V. EMISSION REDUCTIONS

      A. Gas-Fired Glass-Melting Furnaces
      Based on the recent test data provided by the facilities, the eight gas-fired furnaces emit approximately 500 pounds of chromium compounds annually. We identified three gas-fired furnaces with emission rates above the proposed emission limit and their associated annual emissions of 13, 15, and 442 pounds of chromium compounds, respectively. With the assumption that additional controls on the three furnaces will reduce chromium compound emissions to a level that would meet the proposed emission limit, approximately 455 pounds of chromium compounds would be reduced annually at major sources  -  which represents a 90 percent reduction compared to current baseline emissions.

      The annualized control costs for the gas-fired furnaces ($380,000) divided by the emission reduction (455 pounds of chromium compounds) results in a cost effectiveness of $835 per pound of chromium compounds reduced.
      B. Combined Collection/Curing Operations
      Based on the recent test data provided by the facilities, the 31 manufacturing lines located at the 10 major source facilities emit approximately 600 tons of organic HAP (i.e., formaldehyde, phenol, and methanol) annually. We identified eight manufacturing lines with emission rates above the proposed emission limits. With the assumption that additional controls on the eight rotary spin (RS) manufacturing lines will reduce organic HAP emissions to a level that would meet the proposed emission limits, approximately 123 tons of organic HAP would be reduced annually at major sources  -  which represents a 20 percent reduction compared to current baseline emissions.

      The annualized control costs for the RS manufacturing lines ($830,400) divided by the total emission reduction (123 tons of organic HAP) results in a cost effectiveness of $6,750 per ton of organic HAP reduced. On an individual facility basis, the cost effectiveness for the RS and FA manufacturing lines ranged from $1,153 to $14,755 per pound of organic HAP reduced.
Table 1.  Summary of Costs for Wool Fiberglass Mfg Facilities to Comply with Proposed RTR Amendments

                                  Source Type

                              Gas-Fired Furnaces

--------------------------------------------------------------------------------
Rotary Spin (RS) and Flame Attenuation (FA) Lines
--------------------------------------------------------------------------------

                                    Total
                                   Facility
                                   Cost
                                      ($)

                          Annual-  ized Capital Cost*
                              Annual O&M Cost
                                     # Gas
                                Fired Furn-aces
                                Cr Testing Cost
               Cost Effec-       tiveness     ($ /lb Cr reduced)
                                      RS
                                  Mfg Bonded
                                     Lines

                   Addt'l RS Control (O & M) Costs***
                      Flame Atten. (FA) Mfg Bonded Lines
                        RS and FA Mfg Line Testing Cost
              Cost Effec-       tiveness     ($/ton HAP reduced)

                                    Company
                                   Facility
                                   Location

                                       1
CertainTeed
Kansas City, KS
                                     Major
                                    54,800
                                    145,200
                                       2
                                    20,000
                                      497
                                       1
                                       0
                                       0
                                     3,000
                                      NA
                                    223,000
                                       2
Guardian
Albion, MI
                                    Major
                                       0
                                       0
                                       0
                                       0
                                       -
                                       2
                                       0
                                       0
                                     5,400
                                      NA
                                     5,400
                                       3
Guardian
Inwood, WV
                                    Major
                                       0
                                       0
                                       0
                                       0
                                       -
                                       2
                                    125,000
                                       0
                                     5,400
                                     8,693
                                    130,400
                                       4
Guardian
Mineral Wells, MS
                                     Major
                                       0
                                       0
                                       0
                                       0
                                       -
                                       1
                                       0
                                       0
                                     3,000
                                      NA
                                     3,000
                                       5
Guardian
Winnsboro, SC
                                     Major
                                       0
                                       0
                                       0
                                       0
                                       -
                                       1
                                    125,000
                                       0
                                     3,000
                                     2,612
                                    128,000
                                       6
Johns Manville
Cleburne, TX
                                     Major
                                       0
                                       0
                                       1
                                    10,000
                                      NA
                                       1
                                    125,000
                                       2
                                     7,800
                                    14,755
                                    142,800
                                       7
Johns Manville
Defiance, OH
                                     Major
                                       0
                                       0
                                       2
                                    20,000
                                      NA
                                       4
                                    125,000
                                      11
                                    36,600
                                     3,220
                                    181,600
                                       8
Knauf
Shelbyville, IN
                                     Major
                                       0
                                       0
                                       0
                                       0
                                       -
                                       4
                                       0
                                       0
                                    10,200
                                      NA
                                    10,200
                                       9
Owens-Corning
Newark, OH
                                     Major
                                    27,400
                                   72,600**
                                       2
                                    20,000
                                    10,000
                                       1
                                    125,000
                                       0
                                     3,000
                                     1,506
                                    248,000
                                      10
Owens-Corning
Waxahachie, TX
                                     Major

                                       0
                                       1
                                    10,000
                                      NA
                                       1
                                    125,000
                                       0
                                     3,000
                                     1,153
                                    138,000

                                      11
Guardian
Kingman, AZ
                                    SynMnr

                                       0
                                      12
CertainTeed
Chowchilla, CA
                                     Area

                                       0
                                      13
CertainTeed
Athens, GA
                                     Area

                                       0
                                      14
Johns Manville
McPherson, KS
                                     Area

                                       0
                                      15
Johns Manville
Penbryn, NJ
                                     Area

                                       0
                                      16
Johns Manville
Richmond, IN
                                     Area

                                       0
                                      17
Johns Manville
Waterville, OH
                                     Area

                                       0
                                      18
Johns Manville
Willows, CA
                                     Area

                                       0
                                      19
Johns Manville
Winder, GA
                                     Area

                                       0
                                      20
Knauf
Lanett, AL
                                     Area

                                       0
                                      21
Knauf
Shasta Lake, CA
                                     Area

                                       0
                                      22
Owens-Corning
Delmar, NY
                                     Area

                                       0
                                      23
Owens-Corning
Eloy, AZ
                                     Area

                                       0
                                      24
Owens-Corning
Fairburn, GA
                                     Area

                                       0
                                      25
Owens-Corning
Kansas City, KS
                                     Area

                                       0
                                      26
Owens-Corning
Mount Vernon, OH
                                     Area

                                       0
                                      27
Owens-Corning
Salt Lake City, UT
                                    SynMnr

                                       0
                                      28
Owens-Corning
Santa Clara, CA
                                     Area

                                       0
                                      29
Owens-Corning
Nephi, UT
                                    SynMnr

                                       0
                                      30
Owens-Corning
Lakeland, FL
                                     Area

                                       0

                                    $82,200
                                   $217,800
                                       8
                                    $80,000
                                     $835
                                      18
                                   $750,000
                                      13
                                    $80,400
                                    $6,750
                                  $1,210,400

Table 1 notes:	* Annualized capital cost is based on interest rate of 7% and 15 year equipment life.
      ** One (high-emitting) furnace already scheduled for replacement.
      *** There are no HF/HCl testing costs since the final rule requires work practice standards.


[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Notices]
[Page 57425]
[FR Doc No: 2021-22501]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9058-8]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
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    Dated: October 8, 2021.
Cindy S. Barger,
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[FR Doc. 2021-22501 Filed 10-14-21; 8:45 am]
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