[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Page 75398]
[FR Doc No: 2016-26231]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-49-000.
    Applicants: Destin Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Tariff Changes in Response to
Audit Order FA15-001-000 to be effective 12/1/2016.
    Filed Date: 10/24/16.
    Accession Number: 20161024-5024.
    Comments Due: 5 p.m. ET 11/7/16.

    Docket Numbers: RP17-50-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Compliance filing Columbia Gulf Section 5 Settlement
Implementation to be effective 7/1/2016.
    Filed Date: 10/24/16.
    Accession Number: 20161024-5025.
    Comments Due: 5 p.m. ET 11/7/16.

    Docket Numbers: RP17-51-000.
    Applicants: Freeport-McMoRan Exploration & Productio,Anadarko US
Offshore LLC.
    Description: Joint Petition for Temporary Waivers of Commission
Policies, et. al. of Freeport-McMoRan Exploration & Production LLC, et.
al. under RP17-51.
    Filed Date: 10/24/16.
    Accession Number: 20161024-5148.
    Comments Due: 5 p.m. ET 11/1/16.

    Docket Numbers: RP17-52-000.
    Applicants: Breitburn Operating LP v. Florida Gas Tr.
    Description: Formal Complaint of Breitburn Operating LP under RP17-
52.
    Filed Date: 10/24/16.
    Accession Number: 20161024-5178.
    Comments Due: 5 p.m. ET 11/7/16.

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

    Dated: October 25, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-26231 Filed 10-28-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21927-21929]
[FR Doc No: 2021-08564]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1165; Project Identifier 2019-SW-027-AD; Amendment
39-21499; AD 2021-08-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model SA341G and SA342J helicopters. This AD
was prompted by the determination that a new life limit was necessary
for certain tail rotor blades (TRBs). This AD requires replacing
certain TRBs, re-identifying certain TRBs, and repairing certain other
TRBs, as specified in a European Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective June 1, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 1,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1165.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1165; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Blaine Williams, Aerospace Engineer,
Los Angeles ACO Branch, 3960 Paramount Blvd., Lakewood, California,
90712; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0034, dated February 14, 2019
(EASA AD 2019-0034) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters Model SA341G and SA342J helicopters.
Although EASA AD 2019-0034 applies to all Model SA341G and SA342J
helicopters, this AD applies to helicopters with an affected part
installed instead.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus
Helicopters Model SA341G and SA342J helicopters. The NPRM published in
the Federal Register on December 28, 2020 (85 FR 84275). The NPRM was
prompted by the determination that a new life limit was necessary for
certain TRBs. The NPRM proposed to require replacing certain TRBs, re-
identifying certain TRBs, and repairing certain other TRBs, as
specified in an EASA AD.
    The FAA is issuing this AD to address TRBs that might break,
resulting in loss of tail rotor control and consequent loss of control
of the helicopter. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0034 describes procedures for replacing TRBs having
certain part numbers, re-identifying TRBs having a certain part number
and certain serial numbers, and repairing TRBs that have been reworked/
repaired/modified before being re-identified.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 20 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................          $3,900           $3,985          $79,700
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-08-05 Airbus Helicopters: Amendment 39-21499; Docket No. FAA-
2020-1165; Project Identifier 2019-SW-027-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective June 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model SA341G and SA342J
helicopters, certificated in any category, equipped with any tail
rotor blade (TRB) specified in paragraph (c)(1) or (2) of this AD.
    (1) An affected part as defined in European Union Aviation
Safety Agency (EASA) AD 2019-0034, dated February 14, 2019 (EASA AD
2019-0034).
    (2) A TRB having part number (P/N) 341A335101.01, P/N
341A335130.05, or P/N 341A335130.06.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6410, Tail Rotor
Blades.

(e) Reason

    This AD was prompted by the determination that a new life limit
was necessary for TRBs that were manufactured without a new process
that affects the structural characteristics. The FAA is issuing this
AD to address TRBs that might break, resulting in loss of tail rotor
control and consequent loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0034.

(h) Exceptions to EASA AD 2019-0034

    (1) Where EASA AD 2019-0034 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0034 does not apply
to this AD.
    (3) Where EASA AD 2019-0034 refers to flight hours (FH), this AD
requires using hours time-in-service.
    (4) Where paragraph (4) of EASA AD 2019-0034 specifies to
contact the manufacturer, for this AD, repair using a method
approved by the Manager, Strategic Policy Rotorcraft Section, FAA.
For a repair method to be approved by the Manager, Strategic Policy
Rotorcraft Section, as required by this paragraph, the Manager's
approval letter must specifically refer to this AD.
    (5) Where paragraph (5) of EASA AD 2019-0034 specifies it must
be determined that the rework/repair/modification is valid for part
number 341A335130.06, for this AD, rework/repair/modification of an
affected part is prohibited.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Blaine Williams,
Aerospace Engineer, Los Angeles ACO Branch, 3960 Paramount Blvd.,
Lakewood, California, 90712; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0034,
dated February 14, 2019.
    (ii) [Reserved]

    (3) For EASA AD 2019-0034, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1165.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 30, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-08564 Filed 4-23-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53609-53610]
[DOCID:fr19se07-127]

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SECURITIES AND EXCHANGE COMMISSION

Request for Public Comment

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 15c3-3; SEC File No. 270-087; OMB Control No. 3235-
0078.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') intends to submit to the Office of Management and
Budget a request for extension of the previously approved collections
of information discussed below. The Code of Federal Regulations
citation to this collection of information is: 17 CFR 240.15c3-3
Customer Protection--Reserves and Custody of Securities.
    Rule 15c3-3 under the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.) requires that a broker-dealer that holds customer
securities obtain and maintain possession and control of fully-paid and
excess margin securities they hold for customers. In addition, the Rule
requires that a broker-dealer that holds customer funds make either a
weekly or monthly computation to determine whether certain customer
funds need to be segregated in a special reserve bank account for the
exclusive benefit of the firm's customers. It also requires that a
broker-dealer maintain a written notification from each bank where a
Special Reserve Bank Account is held acknowledging that all assets in
the account are for the exclusive benefit of the broker-dealer's
customers, and to provide written notification to the Commission (and
its designated examining authority) under certain, specified
circumstances. Finally, Rule 15c3-3 was amended in 2001 to add
paragraph (o), which only applies to broker-dealers that sell
securities futures products to customers. Paragraph (o) requires that
such broker-dealers provide certain notifications to customers, and to
make a record of any changes of account type.
    There are approximately 344 broker-dealers fully subject to the
Rule (i.e., broker-dealers that can not claim any of the exemptions
enumerated at paragraph (k)), of which approximately 9 make daily, 245
make weekly, and 90 make monthly, reserve computations. On average,
each of these respondents require approximately 2.5 hours to complete a
computation. Accordingly, Commission staff estimates that the resulting
burden totals 45,960 hours annually ((2.5 hours x 240 computations x 9
respondents that calculate daily) + (2.5 hours x 52 computations x 245
respondents that calculate weekly) + (2.5 hours x 12 computations x 90
respondents that calculate monthly)).
    A broker-dealer required to maintain the Special Reserve Bank
Account prescribed by Rule 15c3-3 must obtain and retain a written
notification from each bank in which it has a Special Reserve Bank
Account to evidence bank's acknowledgement that assets deposited in the
Account are being held by the bank for the exclusive benefit of the
broker-dealer's customers. As stated previously, 344 broker-dealers are
presently fully-subject to Rule 15c3-3. In addition, 140 broker-dealers
operate in accordance with the exemption provided in paragraph
(k)(2)(i) which also requires that a broker-dealer maintain a Special
Reserve Bank Account. The staff estimates that of the total broker-
dealers that must comply with this rule, only 25%, or 121 ((344 + 140)
x .25) must obtain 1 new letter each year (either because the broker-
dealer changed the type of business it does and became subject to
either paragraph (e)(3) or (k)(2)(i) or simply because the broker-
dealer established a new Special Reserve Bank Account). The staff
estimates that it would take a broker-dealer approximately 1 hour to
obtain this written notification from a bank regarding a Special
Reserve Bank Account because the language in these letters is largely
standardized. Therefore, Commission staff estimates that broker-dealers
will spend approximately 121 hours each year to obtain these written
notifications.
    In addition, a broker-dealer must immediately notify the Commission
and its designated examining authority if it

fails to make a required deposit to its Special Reserve Bank Account.
Commission staff estimates that broker-dealers file approximately 65
such notices per year. Broker-dealers would require approximately 30
minutes, on average, to file such a notice. Therefore, Commission staff
estimates that broker-dealers would spend a total of approximately 33
hours each year to comply with the notice requirement of Rule 15c3-3.
    Finally, a broker-dealer that effects transactions in SFPs for
customers \1\ also will have paperwork burdens associated with the
requirement in paragraph (o) of Rule 15c3-3 to make a record of each
change in account type.\2\ More specifically, a broker-dealer that
changes the type of account in which a customer's SFPs are held must
create a record of each change in account type that includes the name
of the customer, the account number, the date the broker-dealer
received the customer's request to change the account type, and the
date the change in account type took place. As of December 31, 2006,
broker-dealers that were also registered as FCMs reported that they
maintained 38,815,092 customer accounts. The staff estimates that 8% of
these customers may engage in SFP transactions (38,815,092 accounts x
8% = 3,105,207). Further, the staff estimates that 20% per year may
change account type. Thus, broker-dealers may be required to create
this record for up to 621,041 accounts (3,105,207 accounts x 20%). The
staff believes that it will take approximately 3 minutes to create each
record.\3\ Thus, the total annual burden associated with creating a
record of change of account type will be 31,052 hours (621,041 accounts
x (3min/60min)).
---------------------------------------------------------------------------

    \1\ Broker-dealers that do not engage in an SFP business with or
for customers are not affected by this section of Rule 15c3-3.
Broker-dealers that engage in an SFP business must also register
with the CFTC as a futures commission merchant (``FCM''). As of
January 31, 2007 there were 64 broker-dealers that were also
registered as FCMs.
    \2\ 17 CFR 240.15c3-3(o)(3)(i).
    \3\ In fact, the staff believes that most firms will have this
process automated. To the extent that no person need be involved in
the generation of this record, the burden will be very minimal.
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    Consequently, the staff estimates that the total annual burden
hours associated with Rule 15c3-3 would be approximately 77,166 hours
(45,960 hours + 121 hours + 33 hours + 31,052 hours).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted within
60 days of this notice.

     Dated: September 14, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-18451 Filed 9-18-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Page 38308]
[FR Doc No: 2013-15182]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 2464-015]

Gresham Municipal Utilities; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent License.
    b. Project No.: 2464-015.
    c. Date filed: June 10, 2013.
    d. Applicant: Gresham Municipal Utilities.
    e. Name of Project: Weed Dam Hydroelectric Project.
    f. Location: On Red River in Shawano County, Wisconsin. No federal
lands are occupied by the project works or located within the project
boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Gresham Municipal Utilities, Village of
Gresham, Wisconsin, Attn: Art Bahr, Village Administrator, 1126 Main
Street, PO Box 50, Gresham, WI 54128.
    i. FERC Contact: Lesley Kordella,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: August 9, 2013.
    All documents may be filed electronically via the Internet. See 18
CFR Sec.  385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    m. The application is not ready for environmental analysis at this
time.
    n. The Weed Dam Hydroelectric Project would consist of the
following existing features: (1) A gated 64-foot-long concrete spillway
with four bays, each containing a five-foot-high tainter gate; (2) two
700-foot-long earth embankments on either side of the spillway; (3) a
244-acre reservoir with a storage capacity of 1,200 acre-feet; (4) two
buried steel penstocks; and (5) a concrete powerhouse with one 500-kW
turbine-generator unit and one 120-kW turbine-generator united having a
total installed capacity of 620 kW; (6) a 100-foot-long transmission
line; (7) a substation; and (8) appurtenant facilities. The project is
estimated to generate about 1.49 gigawatt hours annually. No new
facilities or environmental measures are proposed.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at 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. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule will be made as appropriate (e.g., if scoping is waived, the
schedule would be shortened).

Issue Deficiency and/or Additional Information Request, August 2013
Issue Notice of Acceptance, October 2013
Issue Scoping Document, February 2014
Issue Notice of Ready for Environmental Analysis, February 2014
Commission issues EA, June 2014

    Dated: June 19, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-15182 Filed 6-25-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43577-43578]
[FR Doc No: 2020-15485]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1894-000]

Dominion Energy South Carolina, Inc.; Notice of Authorization for
Continued Project Operation

    On June 28, 2018, South Carolina Electric & Gas Company (now
identified as Dominion Energy South Carolina, Inc.),\1\ licensee for
the Parr Hydroelectric Project, filed an Application for a New License
pursuant to the Federal Power Act (FPA) and the Commission's
regulations thereunder. The Parr Hydroelectric Project is on the Broad
River in Newberry and Fairfield Counties, South Carolina.
---------------------------------------------------------------------------

    \1\ Effective April 29, 2019, South Carolina Electric & Gas
Company changed the company name to Dominion Energy South Carolina,
Inc. On July 29, 2019, the Commission approved the name change. 168
FERC ] 62,053 (2019).
---------------------------------------------------------------------------

    The license for Project No. 1894 was issued for a period ending
June 30, 2020. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or

any other applicable section of the FPA. If the project's prior license
waived the applicability of section 15 of the FPA, then, based on
section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and
as set forth at 18 CFR 16.21(a), if the licensee of such project has
filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 1894 is issued to
Dominion Energy South Carolina, Inc. for a period effective July 1,
2020 through June 30, 2021, or until the issuance of a new license for
the project or other disposition under the FPA, whichever comes first.
If issuance of a new license (or other disposition) does not take place
on or before June 30, 2021, notice is hereby given that, pursuant to 18
CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that Dominion Energy South Carolina, Inc., is authorized
to continue operation of the Parr Hydroelectric Project, until such
time as the Commission acts on its application for a subsequent
license.

    Dated: July 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15485 Filed 7-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62842-62843]
[DOCID:fr07no07-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

October 31, 2007.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER07-815-002.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
submits an Amended and Restated Facilities Construction Agreement.
    Filed Date: 10/29/2007.
    Accession Number: 20071031-0202.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Docket Numbers: ER07-1237-002.
    Applicants: L'Anse Warden Electric Co., Up Power Marketing, LLC and
L'Anse Warde.
    Description: UP Power Marketing LLC submits a revised version of
FERC Electric Tariff, Original Volume 1.
    Filed Date: 10/26/2007.
    Accession Number: 20071031-0155.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER08-92-000.
    Applicants: Virginia Electric and Power Company.
    Description: Virginia Electric & Power Company dba Dominion
Virginia Power submits revised tariff sheets to the open-access
transmission tariff implementing a transmission cost of service formula
rate.
    Filed Date: 10/25/2007.
    Accession Number: 20071029-0078.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 15, 2007.

    Docket Numbers: ER08-93-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection LLC requests waiver of FERC's
notice requirements to permit an effective date of 11/21/07.
    Filed Date: 10/26/2007.
    Accession Number: 20071030-0102.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER08-94-000.
    Applicants: Mid-Continent Area Power Pool.
    Description: Mid-Continent Area Power Pool submits Third Revised
Sheet 107 et al. to MAPP Schedule F for filing to FERC.
    Filed Date: 10/26/2007.
    Accession Number: 20071030-0101.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Docket Numbers: ER08-101-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits an executed
Interconnection Service Agreement with Industrial Power Generating Co,
LLC et al.
    Filed Date: 10/29/2007.
    Accession Number: 20071031-0205.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER08-102-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
submits an Amended Interconnection Agreement with Southern Indiana Gas
and Electric Co et al.
    Filed Date: 10/30/2007.
    Accession Number: 20071031-0204.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER08-103-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corp submits Fifth Revised
Sheet 227 to Second Revised Rate Schedule FERC 51, effective 1/1/08.
    Filed Date: 10/30/2007.
    Accession Number: 20071031-0206.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER08-104-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corp submits two revised
service agreements with Manitowoc Public Utilities et al under ER08-
104.
    Filed Date: 10/30/2007.
    Accession Number: 20071031-0203.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 20, 2007.

    Docket Numbers: ER08-115-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator Inc. et al.
submits executed amended and restated Standard Large Generator
Interconnection Agreement with Airtricity Munnsville Wind Farm, LLC.
    Filed Date: 10/29/2007.
    Accession Number: 20071031-0201.

    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES07-62-001.
    Applicants: AEP Generating Company.
    Description: Amended Application Under Section 204 of the FPA for
Authorization to Issue Securities of AEP Generating Company et al.
    Filed Date: 10/30/2007.
    Accession Number: 20071030-5025.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 7, 2007.

    Docket Numbers: ES07-66-001.
    Applicants: Allegheny Generating Company.
    Description: Supplemental Submission of Allegheny Generating
Company.
    Filed Date: 10/26/2007.
    Accession Number: 20071026-5037.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 7, 2007.

    Docket Numbers: ES07-67-002.
    Applicants: National Grid USA.
    Description: Second Amendment to Application for Authorization to
Issue Securities under Section 204 of the Federal Power Act of National
Grid USA.
    Filed Date: 10/23/2007.
    Accession Number: 20071023-5048.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 7, 2007.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR06-1-012; RR07-1-002; RR07-2-002; RR07-3-002;
RR07-4-002; RR07-5-002; RR07-6-002; RR07-7-002; RR07-8-002.
    Applicants: North American Electric Reliability Corporation.
    Description: Compliance Filing of the North American Electric
Reliability Corporation in Response to April 19 2007 Order including
Attachments 1 through 10.
    Filed Date: 10/30/2007.
    Accession Number: 20071030-5030.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 30, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
 [FR Doc. E7-21835 Filed 11-6-07; 8:45 am]

BILLING CODE 6717-01-P


4. Any other control type This option is for boilers and process heaters that operate dry control systems. Existing boilers and process heaters must maintain opacity to less than or equal to 20 percent ( 6 minute average) except for one 6 minute period per hour of not more than 27 percent. New boilers and process heaters must maintain opacity to less than or equal to 10 percent opacity ( 1 hour block average). 104 Table 3 to Subpart DDDDD of Part 63   Operating Limits for Boilers and Process Heaters With Mercury Emission Limits and Boilers and Process Heaters That Choose the Alternative Total Selected Metals Emission Limits As stated in § 63.7500, you must comply with the applicable operating limits:

If you demonstrate compliance with applicable mercury and/ or total selected metals emission limits using... You must meet these operating limits...

1. Wet scrubber control Maintain the minimum pressure drop and liquid flow rate at or above the operating levels established during the performance test according to § 63.7530( c) and Table 7 of this subpart that demonstrated compliance with the applicable emission limits for mercury and/ or total selected metals. 105 If you demonstrate compliance with applicable mercury and/ or total selected metals emission limits using... You must meet these operating limits...

2. Fabric filter control a. Install and operate a bag leak detection system according to § 63.7525 and operate the fabric filter such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6 month period; OR b. This option is for boilers and process heaters that operate dry control systems. Existing sources must maintain opacity to less than or equal to 20 percent ( 6 minute average) except for one 6 minute period per hour of not more than 27 percent. New sources must maintain opacity to less than or equal to 10 percent opacity ( 1 hour block average). 106 If you demonstrate compliance with applicable mercury and/ or total selected metals emission limits using... You must meet these operating limits...

3. Electrostatic precipitator control a. This option is for boilers and process heaters that operate dry control systems. Existing sources must maintain opacity to less than or equal to 20 percent ( 6 minute average) except for one 6 minute period per hour of not more than 27 percent. New sources must maintain opacity to less than or equal to 10 percent opacity ( 1 hour block average).; OR b. This option is only for boilers and process heaters that operate additional wet control systems. Maintain the minimum voltage and secondary current or total power input of the electrostatic precipitator at or above the operating limits established during the performance test according to § 63.7530( c) and Table 7 of this subpart that demonstrated compliance with the applicable emission limits for mercury and/ or total selected metals. 107 If you demonstrate compliance with applicable mercury and/ or total selected metals emission limits using... You must meet these operating limits...

4. Dry scrubber or carbon injection control Maintain the minimum sorbent or carbon injection rate at or above the operating levels established during the performance test according to § 63.7530( c) and Table 7 of this subpart that demonstrated compliance with the applicable emission limit for mercury.

5. Any other control type This option is only for boilers and process heaters that operate dry control systems. Existing sources must maintain opacity to less than or equal to 20 percent ( 6 minute average) except for one 6 minute period per hour of not more than 27 percent. New sources must maintain opacity to less than or equal to 10 percent opacity ( 1 hour block average).

6. Fuel analysis Maintain the fuel type or fuel mixture such that the mercury and/ or total selected metals emission rates calculated according to § 63.7530( d)( 4) and/ or ( 5) is less than the applicable emission limits for mercury and/ or total selected metals. 108 Table 4 to Subpart DDDDD of Part 63   Operating Limits for Boilers and Process Heaters with Hydrogen Chloride Emission Limits As stated in § 63.7500, you must comply with the following applicable operating limits:

If you demonstrate compliance with applicable hydrogen chloride emission limits using... You must meet these operating limits...

1. Wet scrubber control Maintain the minimum scrubber effluent pH, pressure drop, and liquid flow rate at or above the operating levels established during the performance test according to § 63.7530( c) and Table 7 of this subpart that demonstrated compliance with the applicable emission limit for hydrogen chloride.

2. Dry scrubber control Maintain the minimum sorbent injection rate at or above the operating levels established during the performance test according to § 63.7530( c) and Table 7 of this subpart that demonstrated compliance with the applicable emission limit for hydrogen chloride.

3. Fuel analysis Maintain the fuel type or fuel mixture such that the hydrogen chloride emission rate calculated according to § 63.7530( d)( 3) is less than the applicable emission limit for hydrogen chloride. 109 110 Table 5 to Subpart DDDDD of Part 63   Requirements for Performance Tests As stated in § 63.7520, you must comply with the following requirements for performance test for existing, new or reconstructed affected sources: 111 To conduct a performance test for the following pollutant.. You must... Using...

1. Particulate Matter a. Select sampling ports location and the number of traverse points.

b. Determine velocity and volumetric flowrate of the stack gas.

c. Determine oxygen and carbon dioxide concentrations of the stack gas.

d. Measure the moisture content of the stack gas e. Measure the particulate matter emission concentration f. Convert emissions concentration to lb per MMBtu emission rates. Method 1 in appendix A to part 60 of this chapter.

Method 2, 2F, or 2G in appendix A to part 60 of this chapter.

Method 3A or 3B in appendix A to part 60 of this chapter or ASME PTC 19, Part 10( 1981).

Method 4 in appendix A to part 60 of this chapter.

Method 5 or 17 ( positive pressure fabric filters must use Method 5D) in appendix A to part 60 of this chapter.

Method 19 F factor methodology in appendix A to part 60 of this chapter. 112 To conduct a performance test for the following pollutant.. You must... Using...

2. Total selected metals a. Select sampling ports location and the number of traverse points.

b. Determine velocity and volumetric flowrate of the stack gas.

c. Determine oxygen and carbon dioxide concentrations of the stack gas.

d. Measure the moisture content of the stack gas e. Measure the total selected metals emission concentration f. Convert emissions concentration to lb per MMBtu emission rates. Method 1 in appendix A to part 60 of this chapter.

Method 2, 2F, or 2G in appendix A to part 60 of this chapter.

Method 3A or 3B in appendix A to part 60 of this chapter or ASME PTC 19, Part 10( 1981).

Method 4 in appendix A to part 60 of this chapter.

Method 29 in appendix A to part 60 of this chapter.

Method 19 F factor methodology in appendix A to part 60 of this chapter. 113 To conduct a performance test for the following pollutant.. You must... Using...

3. Hydrogen chloride a. Select sampling ports location and the number of traverse points.

b. Determine velocity and volumetric flowrate of the stack gas.

c. Determine oxygen and carbon dioxide concentrations of the stack gas.

d. Measure the moisture content of the stack gas e. Measure the hydrogen chloride emission concentration f. Convert emissions concentration to lb per MMBtu emission rates. Method 1 in appendix A to part 60 of this chapter.

Method 2, 2F, or 2G in appendix A to part 60 of this chapter.

Method 3A or 3B in appendix A to part 60 of this chapter or ASME PTC 19, Part 10( 1981).

Method 4 in appendix A to part 60 of this chapter.

Method 26 or 26A in appendix A to part 60 of this chapter.

Method 19 F factor methodology in appendix A to part 60 of this chapter. 114 To conduct a performance test for the following pollutant.. You must... Using...

4. Mercury a. Select sampling ports location and the number of traverse points.

b. Determine velocity and volumetric flowrate of the stack gas.

c. Determine oxygen and carbon dioxide concentrations of the stack gas.

d. Measure the moisture content of the stack gas e. Measure the mercury emission concentration f. Convert emissions concentration to lb per MMBtu emission rates. Method 1 in appendix A to part 60 of this chapter.

Method 2, 2F, or 2G in appendix A to part 60 of this chapter.

Method 3A or 3B in appendix A to part 60 of this chapter or ASME PTC 19, Part 10( 1981).

Method 4 in appendix A to part 60 of this chapter.

Method 29 in appendix A to part 60 of this chapter or Method 101A in appendix B to part 61 of this chapter or ASTM Method D6784 02.

Method 19 F factor methodology in appendix A to part 60 of this chapter. 115 To conduct a performance test for the following pollutant.. You must... Using...

5. Carbon Monoxide a. Select the sampling ports location and the number of traverse points.

b. Determine velocity and volumetric flowrate of the stack gas.

c. Determine oxygen and carbon dioxide concentrations of the stack gas.

d. Measure the moisture content of the stack gas.

e. Measure the carbon monoxide emission concentration.

f. Convert emissions concentration to lb per MMBtu emission rates. Method 1 in appendix A to part 60 of this chapter.

Method 2, 2F, or 2G in appendix A to part 60 of this chapter.

Method 3A or 3B in appendix A to part 60 of this chapter or ASME PTC 19, Part 10( 1981).

Method 4 in appendix A to part 60 of this chapter.

Method 10, 10A, or 10 B in appendix A to part 60 of this chapter.

Method 19 F factor methodology in appendix A to part 60 of this chapter. 116 Table 6 to Subpart DDDDD of Part 63   Requirements for Fuel Analysis Testing As stated in § 63.7520, you must comply with the following requirements for fuel analysis testing for existing, new or reconstructed affected sources:

To conduct a fuel analysis for the following pollutant.. You must... Using...

1. Mercury a. Collect fuel samples.

b. Composite fuel samples.

c. Prepare composited fuel samples.

d. Determine heat content of the fuel type.

e. Determine moisture content of the fuel type.

f. Measure mercury concentration in fuel sample. Procedure in § 63.7521( h) or ASTM D2234 00e1 ( for coal) or ASTM D6323 98 ( for biomass) or equivalent.

Procedure in § 63.7521( h) or equivalent.

SW 846 3050B ( for solid samples) or SW 846 3020A ( for liquid samples) or ASTM D2013 01 ( for coal) or ASTM D5198 92 ( for biomass) or equivalent.

ASTM D5865 01ae1 ( for coal) or ASTM E 711 87 ( for biomass) or equivalent.

ASTM D3173 or ASTM E 871 or equivalent.

ASTM D3684 01 ( for coal) or SW 846 7471A ( for solid 117 To conduct a fuel analysis for the following pollutant.. You must... Using...

g. Convert concentrations in into units of pounds of pollutant per MMBtu of heat content. samples) or SW 846 7470A ( for liquid samples).

2. Total selected metals a. Collect fuel samples.

b. Composite fuel samples.

c. Prepare composited fuel samples d. Determine heat content of the fuel type.

e. Determine Procedure in § 63.7521( h) or ASTM D2234 00e1 ( for coal) or ASTM D6323 98 ( for biomass) or equivalent.

Procedure in § 63.7521( h) or equivalent.

SW 846 3050B ( for solid samples) or SW 846 3020A ( for liquid samples) or ASTM D2013 01 ( for coal) or ASTM D5198 92 ( for biomass) or equivalent.

ASTM D5865 01ae1 ( for coal) or ASTM E 711 87 ( for biomass) or equivalent.

ASTM D 3173 or ASTM E 871 or 118 To conduct a fuel analysis for the following pollutant.. You must... Using...

moisture content of the fuel type.

f. Measure total selected metals concentration in fuel sample.

g. Convert concentrations into units of pounds of pollutant per MMBtu of heat content. equivalent.

SW 846 6010Bor ASTM D3683 94 ( for coal) or ASTM E885 88 ( for biomass).

3. Hydrogen chloride a. Collect fuel samples.

b. Composite fuel samples.

c. Prepare composited fuel samples d. Determine heat content of the fuel type. Procedure in § 63.7521( h) or ASTM D2234 00e1 ( for coal) or ASTM D6323 98 ( for biomass) or equivalent.

Procedure in § 63.7521( h) or equivalent.

SW 846 3050B ( for solid samples) or SW 846 3020A ( for liquid samples) or ASTM D2013 01 ( for coal) or ASTM D5198 92 ( for biomass) or equivalent.

ASTM D5865 01ae1 ( for coal) or ASTM E 711 87 119 To conduct a fuel analysis for the following pollutant.. You must... Using...

e. Determine moisture content of the fuel type.

f. Measure chlorine concentration in fuel sample.

g. Convert concentrations into units of pounds of pollutant per MMBtu of heat content. ( for biomass) or equivalent.

ASTM D 3173 or ASTM E 871 or equivalent.

SW 846 9250 or ASTM E776 87 ( for biomass) or equivalent.

Table 7 to Subpart DDDDD of Part 63   Requirements for Establishing Operating Limits As stated in § 63.7520, you must comply with the following requirements for establishing operating limits: 120 If you have an applica ble emissio n limit for... And your operating limits are based on... You must... Using... According to the following requirements 1. Part icul ate matt er, merc ury, or tota l sele cted meta ls. a. Wet scrub ber opera ting param eters i. Establi sh a sitespecifi c minimum pressur e drop and minimum flow rate operati ng limit accordi ng to § 63.753 0( c) ( 1) Data from the pressure drop and liquid flow rate monitors and the particula te matter, mercury, or total selected metals performan ce test. ( a) You must collect pressure drop and liquid flow rate data every 15 minutes during the entire period of the performance tests; ( b) Determine the average [ pressure drop and liquid flowrate for each individual test run in the three run performance test by computing the average of all the 15 minute readings taken during each test run.

b. Electro static precipi tator operati ng paramet ers ( option only for units with additio nal wet i. Esta blis h a sit espec ific mini mum volt age and seco ndar y ( 1) Data from the pressure drop and liquid flow rate monitors and the particula te matter, mercury, or total selected metals ( a) You must collect voltage and secondary current or total power input data every 15 minutes during the entire period of the performance tests; ( b) Determine the average voltage and secondary current or total 121 If you have an applica ble emissio n limit for... And your operating limits are based on... You must... Using... According to the following requirements scrubbe r control ) curr ent or tota l powe r inpu t acco rdin g to § 63. 7530 ( c) performan ce test. power input for each individual test run in the three run performance test by computing the average of all the 15 minute readings taken during each test run.

c. A sitespecifi c opacity limit ( only for units that meet the criteri a for having a sitespecifi c opacity limit accordi ng to § 63.753 0( c)( 6) ( i) i. Esta blis h a sit espec ific maxi mum opac ity oper atin g limi t acco rdin g to § 63. 7530 ( c) ( 1) Data from the continuou s opacity monitorin g system and the particula te matter, mercury, or total selected metals performan ce test. ( a) Collecting the opacity monitoring system data according to § 63.7525( b) and § 63.7535; and ( b) Reducing the opacity monitoring data to 6 minute averages; and ( c) Determine the average opacity for each individual test run in the three run performance test by computing the average of all the 6 minute readings taken during each test 122 If you have an applica ble emissio n limit for... And your operating limits are based on... You must... Using... According to the following requirements run.

2. Hydr ogen Chlo ride a. Wet scrubbe r operati ng paramet ers i. Esta blis h a sit espec ific mini mum pres sure drop and mini mum flow rate oper atin g limi t acco rdin g to § 63. 7530 ( c) ( 1) Data from the pH, pressure drop, and liquid flow rate monitors and the hydrogen chloride performan ce test. ( a) You must collect pH, pressure drop, and liquid flowrate data every 15 minutes during the entire period of the performance tests; ( b) Determine the average pH, pressure drop, and liquid flowrate for each individual test run in the three run performance test by computing the average of all the 15 minute readings taken during each test run. 123 If you have an applica ble emissio n limit for... And your operating limits are based on... You must... Using... According to the following requirements b. Dry scrubbe r operati ng paramet ers i. Esta blis h a sit espec ific mini mum sorb ent inje ctio n rate oper atin g limi t acco rdin g to § 63. 7530 ( c) ( 1) Data from the sorbent injection rate monitors and the hydrogen chloride performan ce test. ( a) You must collect sorbent injection rate data every 15 minutes during the entire period of the performance tests; ( b) Determine the average sorbent injection rate for each individual test run in the three run performance test by computing the average of all the 15 minute readings taken during each test run. 124 Table 8 to Subpart DDDDD of Part 63   Continuous Compliance with Emission Limitations for Boilers or Process Heaters As stated in § 63.7540, you must show continuous compliance with the emission limitations for affected sources according to the following:

If you must meet the following operating limits or work practice standards... You must demonstrate continuous compliance by...

1. Opacity. a. Collecting the opacity monitoring system data according to § 63.7525( b) and § 63.7535; and b. Reducing the opacity monitoring data to 6 minute averages; and c. Maintaining opacity to less than or equal to 20 percent ( 6 minute average) except for one 6 minute period per hour of not more than 27 percent for existing sources; OR maintaining opacity to less than or equal to 10 percent ( 1 hour block average) for new sources.

2. Fabric Filter Bag Leak Detection Operation. a. Installing and operating a bag leak detection system according to § 63.7525 and operating the fabric filter such that the requirements in § 63.7540( a)( 9) are met.

3. Wet Scrubber Pressure Drop and Liquid Flowrate a. Collecting the pressure drop and liquid flow rate monitoring system data according to § 63.7525 and § 63.7535; and b. Reducing the data to 3 hour block averages; and c. Maintaining the 3 hour average pressure drop and liquid flow rate at or above the operating limits established during the performance test according to § 63.7530 ( c). 125 If you must meet the following operating limits or work practice standards... You must demonstrate continuous compliance by...

4. Wet Scrubber pH. a. Collecting the pH monitoring system data according to § 63.7525 and § 63.7535; and b. Reducing the data to 3 hour block averages; and c. Maintaining the 3 hour average pH at or above the operating limit established during the performance test according to § 63.7530( c).

5. Dry Scrubber Sorbent or Carbon Injection Rate. a. Collecting the sorbent or carbon injection rate monitoring system data for the dry scrubber according to § 63.7525 and § 63.7535; and b. Reducing the data to 3 hour block averages; and c. Maintaining the 3 hour average sorbent or carbon injection rate at or above the operating limit established during the performance test according to § 63.7530( c).

6. Electrostati c Precipitator Secondary Current and Voltage or Total Power Input. a. Collecting the secondary current and voltage or total power input monitoring system data for the electrostatic precipitator according to 6 § 3.7525 and § 63.7535; and b. educing the data to 3 hour block averages; and c. Maintaining the 3 hour average secondary current and voltage or total power input at or above the operating limits established during the performance test according to § 63.7530( c). 126 If you must meet the following operating limits or work practice standards... You must demonstrate continuous compliance by...

7. Fuel Pollutant Content. a. Only burning the fuel types and fuel mixtures used to demonstrate compliance with the applicable emission limit according to § 63.7530( c) or ( d) as applicable; and b. Keeping monthly records of fuel use according to § 63.7540( a). 127 Table 9 to Subpart DDDDD of Part 63   Requirements for Reports As stated in § 63.7550, you must comply with the following requirements for reports:

You must submit a( n) The report must contain... You must submit the report...

1. compliance report a. information required in § 63.7550( c)( 1)( 11)

AND b. if there are no deviations from any emission limitation ( emission limit and operating limit) that applies to you and there are no deviations from the requirements for work practice standards in Table 8 to this subpart that apply to you, a statement that there were no deviations from the emission limitations and work practice standards during the reporting period. If there were no periods during which the CMSs, including continuous emissions monitoring system, continuous opacity monitoring system, and operating parameter monitoring systems, were out ofcontrol as specified in § 63.8( c)( 7), a statement that there were no periods during semiannually according to the requirement s in § 63.7550( b) . 128 You must submit a( n) The report must contain... You must submit the report...

the which the CMSs were out of control during the reporting period AND c. if you have a deviation from any emission limitation ( emission limit and operating limit) or work practice standard during the reporting period, the report must contain the information in § 63.7550( d). If there were periods during which the CMSs, including continuous emissions monitoring system, continuous opacity monitoring system, and operating parameter monitoring systems, were out ofcontrol as specified in § 63.8( c)( 7), the report must contain the information in § 63.7550( e)

AND d. if you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the 129 You must submit a( n) The report must contain... You must submit the report...

compliance report must include the information in § 63.10( d)( 5)( i) 130 You must submit a( n) The report must contain... You must submit the report...

2. an immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or malfunction during the reporting period that is not consistent with your startup, shutdown, and malfunction plan a. actions taken for the event and i. by fax or telephone within 2 working days after starting actions inconsist ent with the plan;

and b. The information in § 63.10( d)( 5)( ii) ii. by letter within 7 working days after the end of the event unless you have made alternati ve arrangeme nts with the permittin g authority . 131 Table 10 to Subpart DDDDD of Part 63   Applicability of General Provisions to Subpart DDDDD As stated in § 63.7565, you must comply with the applicable General Provisions according to the following:

Citation Subject Brief Description Applica lbe § 63.1 Applicabilit y Initial Applicability Determination; Applicability After Standard Established; Permit Requirements; Extensions, Notifications Yes.

§ 63.2 Definitions Definitions for part 63 standards Yes.

§ 63.3 Units and Abbreviation s Units and abbreviations for part 63 standards Yes.

§ 63.4 Prohibited Activities Prohibited Activities; Compliance date; Circumvention, Severability Yes.

§ 63.5 Construction / Reconstruct ion Applicability; applications; approvals Yes.

§ 63.6( a) Applicabilit y GP apply unless compliance extension AND GP apply to area sources that become major Yes. 132 Citation Subject Brief Description Applica lbe § 63.6( b)( 1) ( 4) Compliance Dates for New and Reconstructe d sources Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for 112( f) Yes.

§ 63.6( b)( 5) Notification Must notify if commenced construction or reconstruction after proposal Yes.

§ 63.6( b)( 6) [ Reserved]

§ 63.6( b)( 7) Compliance Dates for New and Reconstructe d Area Sources That Become Major Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area source Yes.

§ 63.6( c)( 1) ( 2) Compliance Dates for Existing Sources Comply according to date in subpart, which must be no later than 3 years after effective date AND For 112( f) standards, comply within 90 days of effective date unless compliance extension Yes.

§ 63.6( c)( 3) ( 4) [ Reserved] 133 Citation Subject Brief Description Applica lbe § 63.6( c)( 5) Compliance Dates for Existing Area Sources That Become Major Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period ( for example, 3 years) Yes.

§ 63.6( d) [ Reserved]

§ 63.6( e)( 1) ( 2) Operation & Maintenance Operate to minimize emissions at all times AND Correct malfunctions as soon as practicable AND Operation and maintenance requirements independently enforceable information Administrator will use to determine if operation and maintenance requirements were met Yes.

§ 63.6( e)( 3) Startup, Shutdown, and Malfunction Plan ( SSMP) Requirement for SSM and startup, shutdown, malfunction plan Content of SSMP Yes. 134 Citation Subject Brief Description Applica lbe § 63.6( f)( 1) Compliance Except During SSM Comply with emission standards at all times except during SSM Yes.

§ 63.6( f)( 2) ( 3) Methods for Determining Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes.

§ 63.6( g)( 1) ( 3) Alternative Standard Procedures for getting an alternative standard Yes.

§ 63.6( h)( 1) Compliance with Opacity/ VE Standards Comply with opacity/ VE emission limitations at all times except during SSM Yes.

§ 63.6( h)( 2)( i ) Determining Compliance with Opacity/ Visi ble Emission ( VE) Standards If standard does not state test method, use Method 9 for opacity and Method 22 for VE No.

§ 63.6( h)( 2)( i i) [ Reserved]

§ 63.6( h)( 2)( i ii) Using Previous Tests to Demonstrate Compliance with Opacity/ VE Standards Criteria for when previous opacity/ VE testing can be used to show compliance with this rule Yes.

§ 63.6( h)( 3) [ Reserved]

§ 63.6( h)( 4) Notification of Opacity/ VE Observation Date Notify Administrator of anticipated date of observation No. 135 Citation Subject Brief Description Applica lbe § 63.6( h)( 5)( i ), ( iii)( v) Conducting Opacity/ VE Observations Dates and Schedule for conducting opacity/ VE observations No.

§ 63.6( h)( 5)( i i) Opacity Test Duration and Averaging Times Must have at least 3 hours of observation with thirty, 6 minute averages No.

§ 63.6( h)( 6) Records of Conditions During Opacity/ VE observations Keep records available and allow Administrator to inspect No.

§ 63.6( h)( 7)( i ) Report continuous opacity monitoring system Monitoring Data from Performance Test Submit continuous opacity monitoring system data with other performance test data Yes.

§ 63.6( h)( 7)( i i) Using continuous opacity monitoring system instead of Method 9 Can submit continuous opacity monitoring system data instead of Method 9 results even if rule requires Method 9, but must notify Administrator before performance test No.

§ 63.6( h)( 7) ( iii) Averaging time for continuous opacity monitoring system during performance test To determine compliance, must reduce continuous opacity monitoring system data to 6 minute averages Yes. 136 Citation Subject Brief Description Applica lbe § 63.6( h)( 7)( i v) Continuous opacity monitoring system requirements Demonstrate that continuous opacity monitoring system performance evaluations are conducted according to § § 63.8( e), continuous opacity monitoring system are properly maintained and operated according to 63.8( c) and data quality as § 63.8( d) Yes.

§ 63.6( h)( 7)( v ) Determining Compliance with Opacity/ VE Standards Continuous opacity monitoring system is probative but not conclusive evidence of compliance with opacity standard, even if Method 9 observation shows otherwise. Requirements for continuous opacity monitoring system to be probative evidence   proper maintenance, meeting PS 1, and data have not been altered Yes.

§ 63.6( h)( 8) Determining Compliance with Opacity/ VE Standards Administrator will use all continuous opacity monitoring system, Method 9, and Method 22 results, as well as information about operation and maintenance to determine compliance Yes. 137 Citation Subject Brief Description Applica lbe § 63.6( h)( 9) Adjusted Opacity Standard Procedures for Administrator to adjust an opacity standard Yes.

§ 63.6( i)( 1) ( 14) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes.

§ 63.6( j) Presidential Compliance Exemption President may exempt source category from requirement to comply with rule Yes.

§ 63.7( a)( 1) Performance Test Dates Dates for Conducting Initial Performance Testing and Other Compliance Demonstrations Yes.

§ 63.7( a)( 2) Performance Test Dates New source with initial startup date before effective date has 180 days after effective date to demonstrate compliance Yes.

§ 63.7( a)( 2)( i i viii) [ Reserved]

§ 63.7( a)( 2)( i x) Performance Test Dates New source that commenced construction between proposal and promulgation dates, when promulgated standard is more stringent than proposed standard, has 180 days after effective date or 180 days after startup of source, whichever is later, to demonstrate Yes.

No. 138 Citation Subject Brief Description Applica lbe compliance AND If source initially demonstrates compliance with less stringent proposed standard, it has 3 years and 180 days after the effective date of the standard or 180 days after startup of source, whichever is later, to demonstrate compliance with promulgated standard § 63.7( a)( 3) Section 114 Authority Administrator may require a performance test under CAA Section 114 at any time Yes.

§ 63.7( b)( 1) Notification of Performance Test Must notify Administrator 60 days before the test Yes.

§ 63.7( b)( 2) Notification of Rescheduling If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled date Yes. 139 Citation Subject Brief Description Applica lbe § 63.7( c) Quality Assurance/ Te st Plan Requirement to submit site specific test plan 60 days before the test or on date Administrator agrees with:

Test plan approval procedures AND Performance audit requirements AND Internal and External QA procedures for testing Yes.

§ 63.7( d) Testing Facilities Requirements for testing facilities Yes.

§ 63.7( e)( 1) Conditions for Conducting Performance Tests Performance tests must be conducted under representative conditions No.

AND Cannot conduct performance tests during SSM. Yes.

AND Not a deviation to exceed standard during SSM Yes.

AND 140 Citation Subject Brief Description Applica lbe Upon request of Administrator, make available records necessary to determine conditions of performance tests Yes.

§ 63.7( e)( 2) Conditions for Conducting Performance Tests Must conduct according to rule and EPA test methods unless Administrator approves alternative Yes.

§ 63.7( e)( 3) Test Run Duration Must have three separate test runs AND Compliance is based on arithmetic mean of three runs AND Conditions when data from an additional test run can be used Yes.

§ 63.7( e)( 4) Interaction with other sections of the Act. Nothing in § 63.7( e)( 1) through ( 4) can abrogate the Administrator's authority to require testing under Section 114 of the Act. Yes.

§ 63.7( f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method Yes.

§ 63.7( g) Performance Test Data Analysis Must include raw data in performance test report AND Yes. 141 Citation Subject Brief Description Applica lbe Must submit performance test data 60 days after end of test with the Notification of Compliance Status AND Keep data for 5 years § 63.7( h) Waiver of Tests Procedures for Administrator to waive performance test Yes.

§ 63.8( a)( 1) Applicabilit y of Monitoring Requirements Subject to all monitoring requirements in standard Yes.

§ 63.8( a)( 2) Performance Specificatio ns Performance Specifications in appendix B of part 60 apply Yes.

§ 63.8( a)( 3) [ Reserved]

§ 63.8( a)( 4) Monitoring with Flares Unless your rule says otherwise, the requirements for flares in § 63.11 apply No.

§ 63.8( b)( 1)( i )( ii) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes.

§ 63.8( b)( 1)( i ii) Monitoring Flares not subject to this section unless otherwise specified in relevant standard No.

§ 63.8( b)( 2) ( 3) Multiple Effluents and Multiple Specific requirements for installing monitoring systems Yes. 142 Citation Subject Brief Description Applica lbe Monitoring Systems AND Must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise AND If more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup § 63.8( c)( 1) Monitoring System Operation and Maintenance Maintain monitoring system in a manner consistent with good air pollution control practices Yes.

§ 63.8( c)( 1)( i ) Routine and Predictable SSM Maintain and operate CMS according to § 63.6( e)( 1) Yes.

§ 63.8( c)( 1)( i i) SSM not in SSMP Must keep necessary parts available for routine repairs of CMSs Yes.

§ 63.8( c)( 1)( i ii) Compliance with Operation and Maintenance Requirements Must develop and implement an SSMP for CMSs Yes. 143 Citation Subject Brief Description Applica lbe § 63.8( c)( 2) ( 3) Monitoring System Installation Must install to get representative emission and parameter measurements AND Must verify operational status before or at performance test Yes.

§ 63.8( c)( 4) Continuous Monitoring System ( CMS) Requirements CMSs must be operating except during breakdown, out of control, repair, maintenance, and high level calibration drifts No.

§ 63.8( c)( 4)( i ) Continuous Monitoring System ( CMS) Requirements Continuous opacity monitoring system must have a minimum of one cycle of sampling and analysis for each successive 10 second period and one cycle of data recording for each successive 6 minute period Yes.

§ 63.8( c)( 4)( i i) Continuous Monitoring System ( CMS) Requirements Continuous emissions monitoring system must have a minimum of one cycle of operation for each successive 15 minute period No. 144 Citation Subject Brief Description Applica lbe § 63.8( c)( 5) Continuous Opacity Monitoring system ( COMS) Requirements Must do daily zero and high level calibrations Yes.

§ 63.8( c)( 6) Continuous Monitoring System ( CMS) Requirements Must do daily zero and high level calibrations No.

§ 63.8( c)( 7) ( 8) Continuous monitoring systems Requirements Out of control periods, including reporting Yes.

§ 63.8( d) Continuous monitoring systems Quality Control Requirements for continuous monitoring systems quality control, including calibration, etc.

AND Must keep quality control plan on record for the life of the affected source. Keep old versions for 5 years after revisions Yes.

§ 63.8( e) Continuous monitoring systems Performance Evaluation Notification, performance evaluation test plan, reports Yes.

§ 63.8( f)( 1) ( 5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes. 145 Citation Subject Brief Description Applica lbe § 63.8( f)( 6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy tests for continuous emissions monitoring system No.

§ 63.8( g)( 1) ( 4) Data Reduction Continuous opacity monitoring system 6 minute averages calculated over at least 36 evenly spaced data points AND Continuous emissions monitoring system 1 hour averages computed over at least 4 equally spaced data points Yes.

§ 63.8( g)( 5) Data Reduction Data that cannot be used in computing averages for continuous emissions monitoring system and continuous opacity monitoring system No.

§ 63.9( a) Notification Requirements Applicability and State Delegation Yes. 146 Citation Subject Brief Description Applica lbe § 63.9( b)( 1) ( 5) Initial Notification s Submit notification 120 days after effective date AND Notification of intent to construct/ reconstruct AND Notification of commencement of construct/ reconstruct ; Notification of startup AND Contents of each Yes.

§ 63.9( c) Request for Compliance Extension Can request if cannot comply by date or if installed BACT/ LAER Yes.

§ 63.9( d) Notification of Special Compliance Requirements for New Source For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date Yes.

§ 63.9( e) Notification of Performance Test Notify Administrator 60 days prior Yes.

§ 63.9( f) Notification of VE/ Opacity Test Notify Administrator 30 days prior No. 147 Citation Subject Brief Description Applica lbe § 63.9( g) Additional Notification s When Using Continuous Monitoring Systems Notification of performance evaluation AND Notification using continuous opacity monitoring system data AND Notification that exceeded criterion for relative accuracy Yes.

§ 63.9( h)( 1) ( 6) Notification of Compliance Status Contents AND Due 60 days after end of performance test or other compliance demonstration,

When to submit to Federal vs. State authority Yes.

§ 63.9( i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes.

§ 63.9( j) Change in Previous Information Must submit within 15 days after the change Yes. 148 Citation Subject Brief Description Applica lbe § 63.10( a) Recordkeepin g/ Reporting Applies to all, unless compliance extension AND When to submit to Federal vs. State authority AND Procedures for owners of more than 1 source Yes.

§ 63.10( b)( 1) Recordkeepin g/ Reporting General Requirements AND Keep all records readily available AND Keep for 5 years Yes. 149 Citation Subject Brief Description Applica lbe § 63.10( b)( 2)( i)( v) Records related to Startup, Shutdown, and Malfunction Occurrence of each of operation ( process equipment)

AND Occurrence of each malfunction of air pollution equipment AND Maintenance on air pollution control equipment AND Actions during startup, shutdown, and malfunction Yes.

§ 63.10( b)( 2)( vi) and ( xxi Continuous monitoring systems Records Malfunctions, inoperative, out ofcontrol AND Calibration checks AND Adjustments, maintenance Yes. 150 Citation Subject Brief Description Applica lbe § 63.10( b)( 2)( vii)( ix) Records Measurements to demonstrate compliance with emission limitations AND Performance test, performance evaluation, and visible emission observation results AND Measurements to determine conditions of performance tests and performance evaluations. Yes.

§ 63.10( b)( 2)( xii) Records Records when under waiver Yes.

§ 63.10( b)( 2)( xiii) Records Records when using alternative to relative accuracy test No.

§ 63.10( b)( 2)( xiv) Records All documentation supporting Initial Notification and Notification of Compliance Status Yes.

§ 63.10( b)( 3) Records Applicability Determinations Yes.

§ 63.10( c)( 1) ( 6),( 9)( 15) Records Additional Records for continuous monitoring systems Yes. 151 Citation Subject Brief Description Applica lbe § 63.10( c)( 7) ( 8) Records Records of excess emissions and parameter monitoring exceedances for continuous monitoring systems No.

§ 63.10( d)( 1) General Reporting Requirements Requirement to report Yes.

§ 63.10( d)( 2) Report of Performance Test Results When to submit to Federal or State authority Yes.

§ 63.10( d)( 3) Reporting Opacity or VE Observations What to report and when Yes.

§ 63.10( d)( 4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes.

§ 63.10( d)( 5) Startup, Shutdown, and Malfunction Reports Contents and submission Yes. 152 Citation Subject Brief Description Applica lbe § 63.10( e)( 1) ( 2) Additional continuous monitoring systems Reports Must report results for each CEM on a unit AND Written copy of performance evaluation AND 3 copies of continuous opacity monitoring system performance evaluation Yes.

§ 63.10( e)( 3) Reports Excess Emission Reports No.

§ 63.10( e)( 3)( i iii) Reports Schedule for reporting excess emissions and parameter monitor exceedance ( now defined as deviations) No.

§ 63.10( e)( 3)( iv v) Excess Emissions Reports Requirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedance ( now defined as deviations)

AND Provision to request semiannual reporting after compliance for one year No. 153 Citation Subject Brief Description Applica lbe AND Submit report by 30th day following end of quarter or calendar half AND If there has not been an exceedance or excess emission ( now defined as deviations), report contents is a statement that there have been no deviations § 63.10( e)( 3)( iv v) Excess Emissions Reports Must submit report containing all of the information in § 63.10( c)( 5 13), § 63.8( c)( 7 8) No.

§ 63.10( e)( 3)( vi viii) Excess Emissions Report and Summary Report Requirements for reporting excess emissions for continuous monitoring systems ( now called deviations)

Requires all of the information in § 63.10( c)( 5 13), § 63.8( c)( 7 8) No.

§ 63.10( e)( 4) Reporting continuous opacity monitoring system data Must submit continuous opacity monitoring system data with performance test data Yes.

§ 63.10( f) Waiver for Recordkeepin g/ Reporting Procedures for Administrator to waive Yes. 154 Citation Subject Brief Description Applica lbe § 63.11 Flares Requirements for flares No.

§ 63.12 Delegation State authority to enforce standards Yes.

§ 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes.

§ 63.14 Incorporatio n by Reference Test methods incorporated by reference Yes.

§ 63.15 Availability of Information Public and confidential information Yes.


[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Notices]
[Pages 30007-30009]
[FR Doc No: 2020-10688]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0047]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 10 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before June 18, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Operations Docket No. FMCSA-2020-0047 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2020-0047. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET,

Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2020-0047), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2020-0047. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand 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 comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0047 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 10 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which

is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Joseph Bellamy

    Mr. Bellamy is a 23-year-old class C driver in Maryland. He has a
history of epilepsy and has been seizure free since 2011. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2014. His physician states that he is supportive of Mr.
Bellamy receiving an exemption.

Brian Bommer

    Mr. Bommer is a 31-year-old class D driver in Ohio. He has a
history of seizure disorder and has been seizure free since 2012. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2012. His physician states that he is supportive of Mr.
Bommer receiving an exemption.

Allen Bradley

    Mr. Bradley is a 22-year-old class D driver in Alabama. He has a
history of epilepsy and has been seizure free since 2010. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2008. His physician states that he is supportive of Mr.
Bradley receiving an exemption.

Sonny Chase

    Mr. Chase is a 52-year-old class B CDL holder in Minnesota. He has
a history of epilepsy and has been seizure free since 2012. He takes
anti-seizure medication with the dosage and frequency remaining the
same since November 2015. His physician states that he is supportive of
Mr. Chase receiving an exemption.

Stephen Claphan

    Mr. Claphan is a 57-year-old class A CDL holder in Michigan. He has
a history of epilepsy and has been seizure free since 1991. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2006. His physician states that he is supportive of Mr.
Claphan receiving an exemption.

Robert King

    Mr. King is a 58-year-old class OPR-MC driver in New Hampshire. He
has a history of a single unprovoked seizure and has been seizure free
since 1995. His anti-seizure medication was discontinued in 2016. His
physician states that she is supportive of Mr. King receiving an
exemption.

Jason Miller

    Mr. Miller is a 33-year-old Class A driver in Nebraska. He has a
history of epilepsy and has been seizure free since 2006. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2015. His physician states that he is supportive of Mr.
Miller receiving an exemption.

Michael Morris

    Mr. Morris is a 43-year-old class A CDL holder in Oregon. He has a
history of epilepsy and has been seizure free since 2010. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2010. His physician states that he is supportive of Mr.
Morris receiving an exemption.

Daryl Schuetz

    Mr. Schuetz is a 59-year-old class D driver in Colorado. He has a
history of epilepsy and has been seizure free since 1997. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2000. His physician states that he is supportive of Mr.
Schuetz receiving an exemption.

Thomas Smutnik

    Mr. Smutnik is a 41-year-old class B CDL holder in Pennsylvania. He
has a history of epilepsy and has been seizure free since 2009. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2009. His physician states that he is supportive of Mr.
Smutnik receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-10688 Filed 5-18-20; 8:45 am]
 BILLING CODE 4910-EX-P