[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Notices]
[Page 48948-48950]
[DOCID:fr25se09-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IN06-3-003]

Energy Transfer Partners, L.P.; Energy Transfer Company; ETC
Marketing, Ltd.; Houston Pipeline Company; Public Notice of Settlement

September 21, 2009.
    Take notice that on September 21, 2009, pursuant to Rule 602 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.602 (2009),
the Commission accepted and approved the Stipulation and Consent
Agreement (``Agreement'') entered into by Energy Transfer Partners,
L.P., et al. (``ETP'') and Enforcement Litigation Staff regarding
settlement of Docket No. IN06-3-003.\1\ Concurrently with this Notice,
the Agreement is being filed as a public document with the Secretary of
the Commission.
---------------------------------------------------------------------------

    \1\ Capitalized terms in this Public Notice have the meaning
provided in the Agreement and the Agreement constitutes the complete
agreement of the Settling Parties. All matters in this docket that
pertained to ETP's affiliate, Oasis Pipeline, L.P., were resolved by
a prior settlement approved by the Commission in Oasis Pipeline,
L.P., 126 FERC ] 61,188 (2009).
---------------------------------------------------------------------------

    ETP and Enforcement Litigation Staff jointly state that the
Agreement resolves all Claims alleged or asserted in this Proceeding by
the Commission and Enforcement Litigation Staff against ETP, including
the named respondents, any other ETP Entity, and any of its current or
former directors, officers, employees, agents, or other
representatives, relating to manipulation or attempted manipulation of
natural gas prices in alleged violation of the Commission's former
Market Behavior Rule 2.\2\
---------------------------------------------------------------------------

    \2\ See Order No. 644, 105 FERC ] 61,217 (2003), formerly
codified at 18 CFR Sec.  284.403(a) (2005). Market Behavior Rule 2
was rescinded in Order No. 673, 114 FERC ] 61,166 (2006).
---------------------------------------------------------------------------

    By resolving all Claims through the Agreement, ETP and Enforcement
Litigation Staff agree that the Commission shall dismiss all Claims
against ETP with prejudice, terminate all investigations in this
Proceeding, and forever release ETP and the ETP Entities and their
current or former directors, officers, employees, agents, and other
representatives, and any successor to ETP or the ETP Entities, from any
and all administrative or civil claims for civil penalties and legal
and equitable relief, including disgorgement of profits and
restitution, under any and all theories of alleged liability based on
or arising under in whole or part, the Claims.
    Under the terms of the Agreement, ETP will pay Five Million Dollars
($5,000,000.00) in civil monetary penalties to the United States
Treasury.
    In addition, under the terms of the Agreement, ETP will establish a
Fund in the amount of Twenty-Five Million Dollars ($25,000,000.00) for
the purpose of disgorging to Final Opt-In Fund Participants alleged
unjust profits based on or arising from ETP's Alleged Conduct. Third
Parties that have asserted claims against ETP in private litigation or
arbitration may become Fund Participants. If, after the allocation of
money to Final Opt-In Fund Participants, there is any Remaining Fund
Amount, such amount shall be available for the purpose of compensating
Third Parties, in whole or part, in connection with the Private
Settlement of Pending Claims or Future Claims.
    For purposes of this Proceeding, ETP neither admits nor denies the
Claims. As specified in the Agreement, ETP does not admit or concede to
any Third Party actual or potential fault, wrongdoing, or liability in
connection with any facts or claims that have been or could have been
alleged against it with respect to ETP's Alleged Conduct.
    No later than sixty (60) days from the date of the publication of
this Notice in the Federal Register (the ``Fund Notice Period''), any
individual, business entity, or putative class that believes it may
have a claim against any ETP Entity, with respect to the allegations
covered by the Agreement, and elects to become a Conditional Opt-In
Fund Participant, shall cause to be filed with the Commission and
served upon ETP and Enforcement Litigation Staff a written, verified
Conditional Notice as attached.\3\ No claims filed after expiration of
the sixty-day Fund Notice Period shall be considered or eligible for
participation in the Fund. Such submissions shall be treated as subject
to the terms of the Protective Order entered in this Proceeding on
February 11, 2008, Energy Transfer Partners, L.P., 122 FERC ] 61,122
(2008), as such Protective Order may be modified by the Commission or
by an administrative law judge.
---------------------------------------------------------------------------

    \3\ The following forms are attached to this notice: (1)
Conditional Notice to Participate in Settlement Fund, along with
associated Declaration of Authorized Representative and Affidavit
forms; and (2) Declaration of Final Opt-in Fund Participant and
Waiver and Release of Claims, along with an associated Declaration
of Authorized Representative form.
---------------------------------------------------------------------------

    Within one hundred twenty (120) days after the close of the Fund
Notice Period, the Fund Administrator shall certify to the Commission
and simultaneously serve the Settling Parties and each Conditional Opt-
In Fund Participant an Initial Fund Allocation Report. This report
shall describe the data submitted by each Conditional Fund Participant,
the basis for its claim, its total claim, if any, supported by the data
submitted, the initial allocation of the Fund, and the methodology
employed in reaching the initial allocation of the Fund. The Agreement
provides for Commission review and approval of the report. Within
thirty (30) days after the Initial Fund Allocation Report becomes
final, each Conditional Opt-In Fund Participant shall declare in

writing whether or not it accepts the allocated amount to become a
Final Opt-In Fund Participant. As a condition of accepting the
allocated amount, each Final Opt-In Participant must agree to forever
waive and release all claims against ETP based on or arising, in whole
or part, from ETP's Alleged Conduct as specified in the Agreement. No
individual, business entity, or putative class that becomes a
Conditional Opt-In Fund Participant or a Final Opt-In Fund Participant
shall become a Party to this Proceeding.
    No portion of the Fund shall be withdrawn by, recouped by, or
revert to ETP. If, at the close of the allocation process set forth in
the Agreement, there is any amount of money remaining in the fund, that
amount shall be paid to the United States Treasury.
    For additional information regarding the Agreement, please contact:

Enforcement Litigation Staff:
    John R. Kroeger, Division of Investigations, Office of Enforcement,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, T:<PHONE_NUMBER>, E<EMAIL_ADDRESS>Energy Transfer Partners, L.P., et al.
    William S. Scherman, Skadden, Arps, Slate, Meagher & Flom, LLP,
1440 New York Avenue, NW., Washington, DC 20005, T:<PHONE_NUMBER>, E:
<EMAIL_ADDRESS>    Conditional Notices are due no later than sixty (60) days after
publication of this Notice in the Federal Register.

Kimberly D. Bose,
Secretary.

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION

Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003

Conditional Notice to Participate in Settlement Fund

    Pursuant to the Federal Energy Regulatory Commission's ------,
2009 Order Approving Settlement, ------ FERC ] ---- (2009), and
Public Notice, -- Fed. Reg. -- [date of notice], and in accordance
with the Stipulation and Consent Agreement (the ``Agreement'') dated
August 26, 2009 by ETP \1\ and Enforcement Litigation Staff, the
undersigned, a duly authorized representative of [company or other
entity], hereby gives notice that [company or other entity] on
behalf of itself and -------- [identify each affiliate, subsidiary
or other entity that may have a Fund Claim], believes it may have a
Fund Claim against one or more ETP Entities arising from ETP's
Alleged Conduct and elects to become a Conditional Opt-In Fund
Participant under the terms of the Agreement.
---------------------------------------------------------------------------

    \1\ Capitalized terms in this Conditional Notice have the
meaning provided in the Agreement.
---------------------------------------------------------------------------

    [The company or other entity] hereby states and acknowledges
that, should it accept that ultimate allocation of the Fund by the
Fund Administrator and elect to become a Final Opt-In Fund
Participant, it and each of its affiliates, subsidiaries, or other
entities shall forever waive and release all claims against ETP
based on or arising from, in whole or in part, the Claims and ETP's
Alleged Conduct as provided in Paragraph 64 of the Agreement.
    [The company or other entity] further states and acknowledges
that by such election, it shall not be a party to the Agreement or a
party to the Proceeding.
    The basis for the Fund Claim of [company or other entity],
together with its affiliates and related legal entities, is as
follows:

    [Statement of how the Conditional Opt-In Fund Participant was
purportedly injured by the Claims or ETP's Alleged Conduct]

    Attached hereto are the following verified documents and data
that support the Fund Claim and accompanying affidavits of the
following individuals:

[Description of verified documentation and other data showing
sufficient information to support the Fund Claim and a statement of
how the Conditional Opt-In Fund Participant was purportedly injured
by the Claims or ETP's Alleged Conduct. Such information for
physical transactions shall include, for example, all monthly sales
and purchases made by the Third Party and its affiliates or other
related entities based on, in whole or part, the IFERC HSC Index for
any or all of the months of September 2003 through December 2006
inclusive; whether the transaction was a sale or purchase; the
counter-party for each sale or purchase; the execution date of the
transaction; the applicable sales or purchase price per MMBtu; all
related positions; and all other information necessary to establish
that the Third Party allegedly suffered a loss. Such information for
derivative financial transactions shall include, for example, all
instruments owned by the Third Party or its affiliates or other
related entities based on, in whole or part, the IFERC HSC Index for
any or all of the months of September 2003 through December 2006
inclusive; whether the instrument had a long or short exposure to
the IFERC HSC Index; the counter-party for each instrument; the
execution date of the transaction; the applicable price for each
instrument; all related positions; and all other information
necessary to establish that the Third Party allegedly suffered a
loss. The Conditional Notice may include any other information on
which a Fund Claim is based.]

    Attached hereto and described below as necessary is any other
information upon which a Fund Claim is based:

[Description of attached documentation or statement of additional
information.]

    This submission is subject to the Commission's February 11, 2008
Order Adopting Protective Order and Appendix thereto, Energy
Transfer Partners, L.P., 122 FERC ] 61,122 (2008), as it may be
modified by the Commission or the Fund Administrator.
    Electronic copies of this notice, including all attachments, are
being served on each person designated as a receiving representative
of the Settling Parties to the Agreement.

    Respectfully submitted,

-----------------------------------------------------------------------
[Authorized Representative]
[Name, title, company or other entity, business address, telephone
and email]

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION

Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003

COUNTY OF--------------------------------------------------------------

STATE OF---------------------------------------------------------------

Declaration of [Authorized Representative]*

    I, [Authorized Representative], declare under penalty of perjury
that I am the authorized representative of [company or other
entity], its affiliates and related legal entities, with the
authority to bind [company or other entity], its affiliates and
related legal entities, and that the foregoing Conditional Notice to
Participate in Settlement Fund, together with all attachments, is
true, correct, and complete to the best of my information,
knowledge, and belief.

    Executed on this -- day of -- 2009.

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

[Authorized Representative]
[Name, title, company or other entity]

Subscribed and Sworn to before me
This -- day of -- 2009.

-----------------------------------------------------------------------
Notary Public
My Commission Expires:

    * [To be submitted by the duly authorized representative.]

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION

Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003

COUNTY OF--------------------------------------------------------------
STATE OF---------------------------------------------------------------

Affidavit of [Affiant]*

    I, [Affiant], declare under penalty of perjury that I am [title]
of [company or other entity] doing business at [business address]
and that the attached documents and data entitled [identify attached
documents and data] submitted in support of the claim of [company or
other entity] on behalf of itself, its affiliates and all related
legal entities, is true, correct, and complete to the best of my
information, knowledge, and belief.

    Executed on this -- day of -- 2009.

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

[Affiant]
[Name, business address, telephone]

Subscribed and Sworn to before me
This -- day of -- 2009.

-----------------------------------------------------------------------
Notary Public
My Commission Expires:

    * [To be submitted for each affiant necessary to verify the
documents and data submitted.]

Declaration of Final Opt-In Fund Participant and Waiver and Release of
Claims

    Pursuant to the Federal Energy Regulatory Commission's ------
2009 Order Approving Settlement, -- FERC ] ---- (2009), and Public
Notice, -- Fed. Reg. ---- [date of notice], and in accordance with
the terms of the Stipulation and Consent Agreement (the
``Agreement'') dated August 26, 2009 by and among ETP \1\ and
Enforcement Litigation Staff, the undersigned, a duly authorized
representative of [company or other entity and each subsidiary,
affiliate, or other legal entity], hereby states that [company or
other entity] accepts the amount of $[amount of allocation]
allocated to it by the Final Fund Allocation Report of [date of
Final Fund Allocation Report], 2010 and elects to become a Final
Opt-In Fund Participant pursuant to the terms and conditions
specified in the Agreement.
---------------------------------------------------------------------------

    \1\ Capitalized terms in this Final Notice have the meaning
provided in the Agreement.
---------------------------------------------------------------------------

    [The company or other entity] hereby states and acknowledges
that, by such election for itself, its affiliates and all other
related legal entities, it forever waives and releases each and
every ETP Entity, and each of their respective, current and former
directors, officers, employees, agents or other representatives,
from each and every past, existing and future claim for civil
damages and/or penalties and/or equitable relief, including but not
limited to disgorgement and restitution, whether known or unknown,
suspected or unsuspected, based on or arising from, in whole or
part, the Claims or ETP's Alleged Conduct. Such claims include, but
are not limited to any claims relating to ETP's Alleged Conduct
arising under the Natural Gas Act, the Natural Gas Policy Act of
1978, the Energy Policy Act of 2005, the Commodity Exchange Act, and
any regulation thereunder, any federal or state antitrust law or
consumer protection law, however denominated, and any state or
common law tort theory, contract theory or equitable theory.
    This declaration is final and binding and may not be qualified
or withdrawn.
    Electronic copies of this notice are being served on each person
designated as a receiving representative of the Settling Parties to
the agreement.

    Respectfully submitted,

-----------------------------------------------------------------------
[Authorized Representative]
[Name, title, company or other entity, business address, telephone
and email]

Attachment(s)

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION

Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003

COUNTY OF--------------------------------------------------------------

STATE OF---------------------------------------------------------------

Declaration of [Authorized Representative]

    I, [Authorized Representative], declare under penalty of perjury
that I am an authorized representative of [company or other entity],
its affiliates and related legal entities, with the authority to
bind [company or other entity], its affiliates and related legal
entities. Under penalty of perjury, the foregoing Declaration of
Final Opt-In Fund Participant and Waiver and Release of Claims is
true, correct, and complete to the best of my information,
knowledge, and belief.

    Executed on this -- day of ---- 2010.

-----------------------------------------------------------------------
[Authorized Representative]
[Name, title, company or other entity]

Subscribed and Sworn to before me
This -- day of ---- 2010.

-----------------------------------------------------------------------
Notary Public
My Commission Expires:
-----------------------------------------------------------------------

[FR Doc. E9-23145 Filed 9-24-09; 8:45 am]

BILLING CODE 6717-01-P


                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal)

1.  Identification of the Information Collection

      1(a)  Title of the Information Collection

NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal),
EPA ICR Number 1055.10, OMB Control Number 2060-0021.

1(b)  Short Characterization/Abstract

      The New Source Performance Standards (NSPS), for Kraft Pulp Mills (40 CFR part 60, subpart BB) were proposed on September 24, 1976, and promulgated on February 23, 1978.  Revision to the standards was promulgated on May 20, 1986.  These regulations apply to the following facilities at kraft pulp mills: recovery furnaces, smelt dissolving tanks, lime kilns, digester systems, brown stock washer systems, black liquor oxidation systems, multiple effect evaporator systems and condensate stripper systems that were constructed, modified or reconstructed after the date of proposal.  In pulp mills where kraft pulping is combined with neutral sulfite semi-chemical pulping, the provisions of this subpart are applicable when any portion of the material charged to an affected facility is produced by the kraft pulping operation.  Facilities may be exempt from the total reduced sulfur (TRS) standard if the facility can demonstrate that TRS emissions from a new modified or reconstructed brown stock washer can be neither technically nor economically and feasibly controlled.  This information is being collected to assure compliance with 40 CFR part 60, subpart BB.

	In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities.  They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation  of an affected facility, or any period during which the monitoring system is inoperative.  These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NSPS.  A semiannual summary report is also required.

	Any owner/operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records.  All reports are sent to the delegated state or local authority.       In the event that there is no such delegated authority, the reports are sent directly to the U. S. Environmental Protection Agency (EPA) regional office.

      Based on our consultations with industry representatives during a previous renewal of this ICR, there is an average of one affected facility at each plant site and that each plant site has only one respondent (i.e., the owner/operator of the plant site).

	Over the next three years, an average of 106 respondents per year will be subject to the standard, and two additional respondents per year will become subject to the standard.

      All of the kraft pulp mills in the United States are owned and operated by the Kraft Pulp Mills industry (the "Affected Public").  None of the facilities in the United States are owned by state, local, tribal or the Federal government; all these facilities are privately-owned, for-profit businesses.  The burden to the "Affected Public" may be found below in Table 1: Annual Respondent Burden and Cost  -  NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal).  The burden to the "Federal Government" is attributed to work performed by either federal employees or government contractors.  This burden may be found below in Table 2: Average Annual EPA Burden and Cost  -  NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal).

      The Office of Management and Budget (OMB) approved the currently active Information Collection Request (ICR) without any "Terms of Clearance."

2.  Need for and Use of the Collection

      2(a)  Need/Authority for the Collection

--------------------------------------------------------------------------------
      The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            . . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).
--------------------------------------------------------------------------------

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

      In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

            (A) Establish and maintain such records; (B) make such reports;    (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

      In the Administrator's judgment, TRS emissions from kraft pulp mills cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS was promulgated for this source category at 40 CFR part 60, subpart BB.

      2(b)  Practical Utility/Users of the Data

      The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act.  In addition, the collected information is used for targeting inspections and as evidence in legal proceedings.

      Performance tests are required in order to determine an affected facility's initial capability to comply with the emission standard.  Continuous emission monitors are used to ensure compliance with the standard at all times.  During the performance tests, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

      The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and the standards are being met.  The performance test may also be observed.

      The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.

3.  Non-duplication, Consultations, and Other Collection Criteria

      The requested recordkeeping and reporting are required under 40 CFR part 60, subpart BB.

      3(a)  Non-duplication

      If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

      3(b)  Public Notice Required Prior to ICR Submission to OMB
      An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (76 FR 26900) on May 9, 2011.  No comments were received on the burden published in the Federal Register.

      3(c)  Consultations

      The Agency's industry experts were consulted, and the Agency's internal data sources and projections of industry growth over the next three years were considered during a previous renewal of this ICR. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, was the Online Tracking Information System (OTIS) which is operated and maintained by the EPA Office of Compliance.  OTIS is the EPA database for the collection, maintenance, and retrieval of all compliance data.  The growth rate for the industry was based on our consultations with the Agency's internal industry experts.  We estimated that approximately 106 respondents would be subject to the standard over the three-year period covered by this ICR.

      Industry trade association and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed and the standard has been previously reviewed to determine the minimum information needed for compliance purposes.  For this renewal, we consulted with the following representatives (see below).              No comments were received on this ICR.

                                    Contact
                                 Organization
                                     Phone
Patrick McCarthy
Center for Paper Business and Industry Studies, Georgia Institute of Technology
<PHONE_NUMBER>
Kevin Gammonley
National Paper Trade Association
<PHONE_NUMBER>
Donna Harman
American Forest and Paper Association
<PHONE_NUMBER>

--------------------------------------------------------------------------------
      It is our policy to respond after a thorough review of comments received from the public since the last ICR renewal as well as those submitted in response to the first Federal Register notice.
--------------------------------------------------------------------------------

      3(d)  Effects of Less Frequent Collection

      Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.  If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

      3(e)  General Guidelines

      These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

      3(f)  Confidentiality

      Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

      3(g)  Sensitive Questions

      The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.  The Respondents and the Information Requested

      4(a)  Respondents/SIC Codes

      The respondents to the recordkeeping and reporting requirements are kraft pulp mills.  The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards is 2611, which correspond to the North American Industry Classification System (NAICS) code 322110 for kraft pulp mills.

      4(b)  Information Requested

      None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

            (i)  Data Items

      In this ICR, all the data that is recorded or reported is required by NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB).

      A source must make the following reports:

                                 Notifications
Notification of construction or reconstruction
60.7(a)(1), 60.15
Notification of actual startup
60.7(a)(3)
Notification of initial performance test
60.8(d)
Initial performance test results
60.8(a)
Demonstration of continuous system performance
60.7(a)(5)
Physical or operational changes
60.7(a)(4)
Opacity or visible emissions observations
60.7(a)(6)

                                    Reports
Semiannual report
60.7(c), 60.284(d)
Excess emissions report
60.7(c), 60.284(d)

      A source must keep the following records:

                                Recordkeeping
Startup, shutdown, or malfunction period where the continuous monitoring system is inoperative
60.7(b)
Record continuous monitoring system parameter data
60.284(a)-(c)
Maintain and retain files for at least two years
60.7(f)

Electronic Reporting

--------------------------------------------------------------------------------
      Some of the respondents are using monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      Also, regulatory agencies, in cooperation with the respondents, continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are not widely used.  At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

                             Respondent Activities
Read instructions.
Install, calibrate, maintain, and operate a continuous monitoring system (CMS) to monitor and record opacity of gases discharged from any recovery furnace: the concentration of TRS emissions on a dry basis and the percent of oxygen by volume in the gases discharged from any lime kiln, recovery furnace, digester system, brown stock washer system, multi-effect evaporator system or condensate stripper system; the combustion temperature at the point of incineration of effluent gases which are emitted from a digester system; the scrubbing liquid supply pressure and pressure loss of the gas stream to the scrubber emission control device that is discharges from any lime kiln or smelt dissolving tank.
Perform initial performance test, Reference Method 5, 17, 3B, 9, 16, 16A, 16B, and repeat performance test if necessary.
Write the notifications and reports listed above.
Enter information required to be recorded above.
Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.
Adjust the existing ways to comply with any previously applicable instructions and requirements.
Train personnel to be able to respond to a collection of information.
Transmit, or otherwise disclose the information.

	Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system).  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5.  The Information Collected: Agency Activities, Collection Methodology, and Information Management

      5(a)  Agency Activities

      EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

                               Agency Activities
Observe initial performance tests and repeat performance tests if necessary.
Review notifications and reports, including performance test reports, excess emissions reports, required to be submitted by industry.
Audit facility records.
Input, analyze, and maintain data in the Online Tracking Information System (OTIS).

      5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

      Information contained in the reports is entered into OTIS which is operated and maintained by the EPA Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters.  EPA delegated Authorities can edit, store, retrieve and analyze the data.

      The records required by this regulation must be retained by the owner or operator for two years.

      5(c)  Small Entity Flexibility

--------------------------------------------------------------------------------
      The majority of the respondents are large entities (i.e., large businesses).  However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.  The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities.  To the extent that larger businesses can use economies of scale to reduce their burden,   the overall burden will be reduced.

      5(d)  Collection Schedule

      The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost - NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal).

6.  Estimating the Burden and Cost of the Collection

      Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR.  The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act.  Wherever appropriate, specific tasks and major assumptions have been identified.  Responses to this information collection are mandatory.

      The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

      6(a)  Estimating Respondent Burden

      The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 16,086 (Total Labor Hours from Table 1).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

      6(b)  Estimating Respondent Costs

            (i)  Estimating Labor Costs

	This ICR uses the following labor rates:

            Managerial 	$121.42   ($57.82 + 110%)
            Technical	$99.14   ($47.21 + 110%)
            Clerical	$49.81   ($23.72 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September, 2011, "Table 2. Civilian Workers, by Occupational and Industry group."  The rates are from column 1, "Total Compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

            (ii)  Estimating Capital/Startup and Operation and Maintenance Costs

      The type of industry costs associated with the information collection activities in the subject standard are both labor costs, which are addressed elsewhere in this ICR, and the costs associated with continuous monitoring.  The capital/startup costs are one-time costs when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs, such as photocopying and postage.

            (iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

         Capital/Startup vs. Operation and Maintenance (O&M) Costs
                                      (A)
                         Continuous Monitoring Device
                                      (B)
                                   Capital/
                        Startup Cost for One Respondent
                                      (C)
                          Number of New Respondents
                                      (D)
                          Total Capital/Startup Cost
                                   (B X C)
                                      (E)
                    Annual O&M Costs for One Respondent
                                      (F)
                      Number of Respondents with O&M
                                      (G)
                                Total O&M,
                                    (E X F)
Opacity monitor
                                    $40,000
                                       2
                                    $80,000
                                    $8,600
                                      106
                                   $911,600
TRS monitor
                                   $108,000
                                       2
                                   $216,000
                                    $23,000
                                      106
                                  $2,438,000
Incinerator temperature monitor
                                    $8,600
                                       2
                                    $17,200
                                    $4,600
                                      106
                                   $487,600
Scrubber liquid supply pressure monitor
                                     $350
                                       2
                                     $700
                                      $0
                                       0
                                      $0
Scrubber liquid flow rate monitor
                                    $15,500
                                       2
                                    $31,000
                                      $0
                                       0
                                      $0
Total cost

                                   $344,900

                                  $3,837,200

      The total capital/startup costs for this ICR are $344,900.  This is the total of column D in the above table.

--------------------------------------------------------------------------------
      The total operation and maintenance (O&M) costs including photocopying, and postage are $3,837,200.  This is the total of column G.

      The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $4,182,100.  These are recordkeeping costs.

      6(c)  Estimating Agency Burden and Cost

--------------------------------------------------------------------------------
      The only costs to the Agency are those costs associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as: the examination of records maintained by the respondents; periodic inspection of sources of emissions; and the publication and distribution of collected information.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      The average annual Agency cost during the three years of the ICR is estimated to be $48,404
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      This cost is based on the average hourly labor rate as follows:
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            Managerial	$62.27   (GS-13, Step 5, $38.92 + 60%)
--------------------------------------------------------------------------------
            Technical	$46.21   (GS-12, Step 1, $28.88 + 60%)
--------------------------------------------------------------------------------
            Clerical	$25.01   (GS-6, Step 3, $15.63 + 60%)
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
These rates are from the Office of Personnel Management (OPM) "2011 General Schedule" which excludes locality rates of pay.  The rates have been increased by 60 percent to account for the benefit packages available to government employees.  Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden- NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal).
--------------------------------------------------------------------------------

      6(d)  Estimating the Respondent Universe and Total Burden and Costs

	Based on our research for this ICR, on average over the next three years, approximately 104 existing respondents will be subject to the standard.  It is estimated that two additional respondent per year will become subject.  The overall average number of respondents, as shown in the table below, is 106 per year.

	The number of respondents is calculated using the following table that addresses the three years covered by this ICR.

--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
Year
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Number of New Respondents [1]
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Existing Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Are Also New Respondents
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(E=A+B+C-D)
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
102
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
104
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
104
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
106
--------------------------------------------------------------------------------
3
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
106
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
108
--------------------------------------------------------------------------------
Average
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
104
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
106
--------------------------------------------------------------------------------
[1] New respondents include sources with constructed, reconstructed and modified affected facilities.
--------------------------------------------------------------------------------

      Column D is subtracted to avoid double-counting respondents.  As shown above, the average Number of Respondents over the three-year period of this ICR is 106.

      The total number of annual responses per year is calculated using the following table:

--------------------------------------------------------------------------------
Total Annual Responses
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Information Collection Activity
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Responses
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Total Annual Responses
--------------------------------------------------------------------------------
E=(BxC)+D
--------------------------------------------------------------------------------
Notification of construction/reconstruction
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
Notification of actual startup
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
Notification of performance test
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1.2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2.4
--------------------------------------------------------------------------------
Notification of CMS demonstration
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
Notification of physical or operational changes
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
Notification of opacity or visible emission
--------------------------------------------------------------------------------
Observations
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
Report of performance test
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
1.2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
2.4
--------------------------------------------------------------------------------
Semiannual report
--------------------------------------------------------------------------------
106
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
212
--------------------------------------------------------------------------------
Excess emissions report
--------------------------------------------------------------------------------
106
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
212
--------------------------------------------------------------------------------

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

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

--------------------------------------------------------------------------------
Total
--------------------------------------------------------------------------------
438.8

      The number of Total Annual Responses is 439 (rounded).

      The total annual labor costs are $1,541,377.  Details regarding these estimates may be found below in Table 1: Annual Respondents Burden and Cost  -  NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal).

      6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

--------------------------------------------------------------------------------
      The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            (i)  Respondent Tally

      The total annual labor hours are 16,086.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost - NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB).

      Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 37 hours per response.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      The total annual capital/startup and O&M costs to the regulated entity are $4,182,100.  The cost calculations are detailed in Section 6(b)(iii), Capital/Startup Operation and Maintenance (O&M) Costs.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
            (ii)  The Agency Tally
--------------------------------------------------------------------------------

      The average annual Agency burden and cost over the next three years is estimated to be 1,074 labor hours, at a cost of $48,404. See below Table 2: Average Annual EPA Burden and Cost - NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal).

      6(f)  Reasons for Change in Burden

--------------------------------------------------------------------------------
      The increase in burden from the most recently approved ICR is due to two adjustments. First, there is an increase in the average number of respondents expected to become subject to the standards over the next three years. Second, this ICR uses updates labor rates for each of the three labor categories.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      The increase in O&M costs is due to an increase in the average number of respondents expected to become subject to the standards over the next three years.
--------------------------------------------------------------------------------

      There is also an increase in Agency costs which is due to the use of the most updated labor rates.

      6(g)  Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average 37 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

--------------------------------------------------------------------------------
      An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA"s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2011-0242.  An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the content of the docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search" than key in the docket ID number identified in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., Washington, DC.  The EPA Docket Center Public Reading Room      is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2011-0242 and OMB Control Number 2060-0021 in any correspondence.

Part B of the Supporting Statement

      This part is not applicable because no statistical methods were used in collecting this information.

Table 1:  Annual Respondent Burden and Cost  -  NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal)

                                  Burden item
                        (A)
Person hours per occurrence
                (B)
No. of occurrences per respondent per year
               (C)
Person hours per respondent per year
(C=AxB)
                          (D)
Respondents per year a
                 (E)
Technical person- hours per year
(E=CxD)
                 (F)
Management person hours per year
(Ex0.05)
                  (G)
Clerical person hours per year
(Ex0.1)
                           (H)
Total Cost
Per year b
1.  Applications
                                      N/A

2.  Survey and Studies
                                      N/A

3.  Reporting requirements

     A.  Read instructions
                                       1
                                       1
                                       1
                                       2
                                       2
                                      0.1
                                      0.2
                                                                       $220.38
     B.  Required activities

        Initial performance tests c
                                      374
                                       1
                                      374
                                       2
                                      748
                                     37.4
                                     74.8
                                                                    $82,423.62
        Repeat performance tests d
                                      370
                                      0.2
                                      74
                                       2
                                      148
                                      7.4
                                     14.8
                                                                    $16,308.42
     C.  Gather existing information
                                    See 3B

     D.  Write report

   Notification of  construction/reconstruction
                                       2
                                       1
                                       2
                                       2
                                       4
                                      0.2
                                      0.4
                                                                       $440.76
        Notification of performance test
                                       2
                                      1.2
                                      2.4
                                       2
                                      4.8
                                     0.24
                                     0.48
                                                                        $534.92
        Notification of actual startup
                                       2
                                       1
                                       2
                                       2
                                       4
                                      0.2
                                      0.4
                                                                       $440.76
        Notification of CMS demonstration
                                       2
                                       1
                                       2
                                       2
                                       4
                                      0.2
                                      0.4
                                                                       $440.76
        Notification of physical changes
                                       2
                                       1
                                       2
                                       2
                                       4
                                      0.2
                                      0.4
                                                                       $440.76
        Notification of opacity or visible emissions observations
                                       2
                                       1
                                       2
                                       2
                                       4
                                      0.2
                                      0.4
                                                                       $440.76
   Report of performance test
                                    See 3B

   Semiannual report e
                                       8
                                       2
                                      16
                                      106
                                     1,696
                                     84.8
                                     169.6
                                                                    $186,885.64
   Excess emissions report f
                                       8
                                       2
                                      16
                                      106
                                     1,696
                                     84.8
                                     169.6
                                                                    $186,885.64
Subtotal  for Reporting  Requirements

                                   4,962.02

4.  Recordkeeping requirements

     A.  Read instructions
                                    See 3A

     B.  Plan activities
                                    See 3B

     C.  Implement Activities
                                    See 3B

     D.  Develop record system
                                      N/A

     E.  Time to enter and transmit information

   Records of operating parameter g
                                     0.25
                                      365
                                     91.25
                                      106
                                     9,673
                                      484
                                      967
                                                                  $1,065,914.77
Subtotal for Recordkeeping Requirements

                                    11,124

TOTAL LABOR BURDEN AND COST (rounded)

                                    16,086

                                                                     $1,541,377

Assumptions:
[a]  We have assumed an average of 104 respondents over the next three years.
[b] This ICR uses the following labor rates:  $121.42 per hour for Executive, Administrative, and Managerial labor; $99.14 per hour for Technical labor, and $49.81per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011 "Table 10. Private industry, by Occupational and Industry group."  The rates are from column 1, "Total Compensation." The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
[c] We have assumed that it will take 374 hours for each new respondent to perform the initial performance test.
[d] We have assumed that 20 percent of respondents would repeat performance test due to failure.
[e] We have assumed that all respondents will each take eight hours to complete the semi annual report.
[f] We have assumed that each respondent will take eight hour to two times per year to complete the excess emissions report.
[g] We have assumed that it will take each respondent 15 minutes per day to record operating parameter.
Table 2:  Average Annual EPA Burden and Cost - NSPS for Kraft Pulp Mills (40 CFR Part 60, Subpart BB) (Renewal)
                                   Activity
                     (A)
EPA person- hours per occurrence
                   (B)
No. of occurrences per plant per year
               (C)
EPA person- hours per plant per year
(C=AxB)
                             (D)
Plants per yeara
                 (E)
Technical person- hours per year
(E=CxD)
                 (F)
Management person-hours per year
(Ex0.05)
                  (G)
Clerical person-hours per year
(Ex0.1)
                                 (H)
Cost, $b
Initial performance testsc

    New plant
                                      24
                                       1
                                      24
                                       2
                                      48
                                      2.4
                                      4.8
                                                                     $2,487.58
Repeat performance test d

New plant
                                      24
                                      0.2
                                      4.8
                                       2
                                      9.6
                                     0.48
                                     0.96
                                                                       $497.52
Report Review

 New plant

    Notification of construction
                                       2
                                       1
                                       2
                                       2
                                       4
                                      0.2
                                      0.4
                                                                       $207.29
    Notification of performance test
                                      0.5
                                      1.2
                                      0.6
                                       2
                                      1.2
                                     0.06
                                     0.12
                                                                        $62.19
    Notification of actual startup
                                      0.5
                                       1
                                      0.5
                                       2
                                       1
                                     0.05
                                      0.1
                                                                        $51.82
    Notification of CMS demonstration
                                      0.5
                                       1
                                      0.5
                                       2
                                       1
                                     0.05
                                      0.1
                                                                        $51.82
    Notification of physical/operational changes
                                      0.5
                                       1
                                      0.5
                                       2
                                       1
                                     0.05
                                      0.1
                                                                        $51.82
    Notification of opacity or visible emissions observations
                                      0.5
                                       1
                                      0.5
                                       2
                                       1
                                     0.05
                                      0.1
                                                                        $51.82
    Review test results
                                       8
                                      1.2
                                      9.6
                                       2
                                     19.2
                                     0.96
                                     1.92
                                                                       $995.03
Existing plants

    Semiannual reportse
                                       4
                                       2
                                       8
                                      106
                                      848
                                     42.4
                                     84.8
                                                                    $43,947.18
Subtotals Labor Burden and cost

                                      934
                                     46.7
                                     93.4

TOTAL ANNUAL BURDEN AND COST (rounded)

                                     1,074
                                                                       $48,404

--------------------------------------------------------------------------------
 	Assumptions:
    a We have assumed an average of 104 respondents over the next three years.
[b] This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6) and $25.01 Clerical (GS-6, Step 3, $15.63 x 1.6).  These rates are from the Office of Personnel Management (OPM) "2011 General Schedule" which excludes locality rates of pay.
[c] We have assumed that it will take twenty-four hours for each new respondent to perform the initial performance test.
     d We have assumed that 20 percent of respondents would repeat performance test due to failure.
   [e] We have assumed that each respondent will take four hours to review the semiannual report.


[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Page 13922]
[FR Doc No: 2015-06090]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74486; File No. SR-FINRA-2014-030]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Withdrawal of Proposed Rule Change Relating
to Quotation Requirements for Unlisted Equity Securities and Deletion
of the Rules Related to the OTC Bulletin Board Service

March 12, 2015.
    On June 27, 2014, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt rules relating to quotation requirements
for over-the-counter (``OTC'') equity securities and to delete the
rules relating to the OTC Bulletin Board Service (``OTCBB'') and thus
cease its operation. The proposed rule change was published for comment
in the Federal Register on July 15, 2014.\3\ On August 8, 2014, FINRA
consented to extending the time period for the Commission to either
approve or disapprove the proposed rule change, or to institute
proceedings to determine whether to approve or disapprove the proposed
rule change, to October 10, 2014. The Commission received one comment
letter on the proposed rule change.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72575 (July 9,
2014), 79 FR 41339 (``Notice'').
    \4\ See Letter from Daniel Zinn, General Counsel, OTC Markets
Group Inc., dated August 5, 2014.
---------------------------------------------------------------------------

    On October 7, 2014, the Commission instituted proceedings \5\ to
determine whether to approve or disapprove the proposed rule change
under Section 19(b)(2)(B) of the Act.\6\ The Commission thereafter
received three comment letters in response to the Order Instituting
Proceedings.\7\ On January 9, 2015, the Commission extended the time
period for Commission action to March 12, 2015.\8\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 73313, 79 FR 61677
(October 14, 2014) (``Order Instituting Proceedings'').
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Letter from Dr. Lee Jackson, PAHCII, dated October 8,
2014; Letter from Barry Scadden, Vice President, ATS Trade Support
and Operations, Global OTC, dated October 10, 2014; and Letter from
Michael R. Trocchio, Sidley Austin LLP, on behalf of OTC Markets
Group Inc., dated November 4, 2014.
    \8\ See Securities Exchange Act Release No. 74021, 80 FR 2142
(January 15, 2015).
---------------------------------------------------------------------------

    On March 3, 2015, FINRA withdrew the proposed rule change (SR-
FINRA-2014-030).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-06090 Filed 3-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Page 22042]
[FR Doc No: 2021-08605]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1682-000]

Elora Solar, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced Elora Solar,
LLC's application for market-based rate authority, with an accompanying
rate tariff, noting that such application includes a request for
blanket authorization, under 18 CFR part 34, of future issuances of
securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 10, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: April 20, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-08605 Filed 4-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 6, 2009 (Volume 74, Number 3)]
[Notices]
[Page 449-450]
[DOCID:fr06ja09-40]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-0961]

Collection of Information Under Review by Office of Management
and Budget: OMB Control Number: 1625-0073

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
request for comments announces that the U.S. Coast Guard is forwarding
an Information Collection Request (ICR), abstracted below, to the
Office of

Information and Regulatory Affairs (OIRA), Office of Management and
Budget (OMB) requesting an extension of its approval for the following
collection of information: 1625-0073, Alteration of Unreasonable
Obstructive Bridges. Our ICR describes the information we seek to
collect from the public. Review and comments by OIRA ensure we only
impose paperwork burdens commensurate with our performance of duties.

DATES: Please submit comments on or before February 5, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2008-0961] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) or to OIRA. To avoid
duplication, please submit your comments by only one of the following
means:
    (1) Electronic submission. (a) To Coast Guard docket at http://
www.regulation.gov. (b) To OIRA by e-mail via: oira_
<EMAIL_ADDRESS>    (2) Mail or Hand delivery. (a) DMF (M-30), DOT, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590-0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The telephone number is 202-
366-9329. (b) To OIRA, 725 17th Street, NW., Washington, DC 20503, to
the attention of the Desk Officer for the Coast Guard.
    (3) Fax. (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in time, mark the fax to the
attention of the Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of this
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find this docket on the Internet
at http://www.regulations.gov.
    A copy of the ICR is available through this docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from
Commandant (CG-611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur
Requina), 2100 2nd Street, SW., Washington, DC 20593-0001. The
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>, for
questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on whether
this ICR should be granted based on it being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
collections; (2) the accuracy of the estimated burden of the
collections; (3) ways to enhance the quality, utility, and clarity of
information subject to the collections; and (4) ways to minimize the
burden of collections on respondents, including the use of automated
collection techniques or other forms of information technology.
    Comments to Coast Guard or OIRA must contain the OMB Control Number
of the ICR. Comments to Coast Guard must contain the docket number of
this request, [USCG 2008-0961]. For your comments to OIRA to be
considered, it is best if they are received on or before the February
5, 2009.
    Public participation and request for comments: We encourage you to
respond to this request by submitting comments and related materials.
We will post all comments received, without change, to http://
www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
paragraph on DOT's ``Privacy Act Policy'' below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2008-0961], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit comments and material by electronic means, mail, fax, or
delivery to the DMF at the address under ADDRESSES; but please submit
them by only one means. If you submit them by mail or delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. In response to your comments, we
may revise the ICR or decide not to seek an extension of approval for
this collection. The Coast Guard and OIRA will consider all comments
and material received during the comment period.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this Notice as being available in the
docket. Enter the docket number [USCG-2008-0961] in the Search box, and
click, ``Go>>.'' You may also visit the DMF in room W12-140 on the West
Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act statement regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard has published the 60-day notice (73 FR 54842, September 23,
2008) required by 44 U.S.C. 3506(c)(2). That notice elicited no
comments.

Information Collection Request

    Title: Alteration of Unreasonable Obstructive Bridges.
    OMB Control Number: 1625-0073.
    Type Of Request: Extension of a currently approved collection.
    Affected Public: Public and private owners of bridges over
navigable waters of the United States.
    Abstract: Sections 494, 502, 511, 513, 514, 516, 517, 521, 522, and
523 of 33 U.S.C. authorize the Coast Guard to alter bridges and
causeways that go over navigable waters of the United States and are
deemed to be unreasonably obstructive. Coast Guard regulations on the
alteration of unreasonably obstructive bridges are located in 33 CFR
part 116.
    Forms: None.
    Burden Estimate: The estimated burden has increased from 200 hours
to 240 hours per year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: December 29, 2008.
D.T. Glenn,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
[FR Doc. E8-31416 Filed 1-5-09; 8:45 am]

BILLING CODE 4910-15-P