This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

66659 

Vol. 79, No. 217 

Monday, November 10, 2014 

DEPARTMENT OF JUSTICE 

28 CFR Part 58 

[Docket No: EOUST 105] 

RIN 1105–AB30 

Procedures for Completing Uniform 

Periodic Reports in Non-Small 

Business Cases Filed Under Chapter 

11 of Title 11 

AGENCY: Executive Office for United 

States Trustees (‘‘EOUST’’), Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Justice, 

through its component, EOUST, is 

issuing this notice of proposed 

rulemaking (Rule) pursuant to Section 

602 of the Bankruptcy Abuse Prevention 

and Consumer Protection Act of 2005 

(BAPCPA). The BAPCPA requires the 

Department to issue rules requiring 

uniform periodic reports (Periodic 

Reports) by debtors in possession or 

trustees in cases under chapter 11 of 

title 11. The BAPCPA requires the Rule 

to strike the best achievable practical 

balance between the reasonable needs of 

the public for information about the 

operational results of the Federal 

bankruptcy system, undue burden, and 

appropriate privacy concerns and 

safeguards. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before January 

9, 2015. Comments received by mail 

will be considered timely if they are 

postmarked on or before that date. The 

electronic Federal Docket Management 

System (FDMS) will accept comments 

until Midnight Eastern Time at the end 

of that day. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. EOUST 105’’ on all electronic and 

written correspondence. The 

Department encourages that all 

comments be submitted electronically 

through www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

www.regulations.gov Web site for easy 

reference. The proposed Periodic 

Reports mandated by this regulation, 

and their accompanying instructions, 

may be viewed on the United States 

Trustee Program’s Web site at http://

www.justice.gov/ust/eo/rules_

regulations/index.htm. Paper comments 

that duplicate the electronic submission 

are not necessary as all comments 

submitted to www.regulations.gov will 

be posted for public review and are part 

of the official docket record. Should 

you, however, wish to submit written 

comments via regular or express mail, 

they should be sent to the EOUST, 441 

G Street NW., Suite 6150, Washington, 

DC 20530. 

FOR FURTHER INFORMATION CONTACT: 

Ramona D. Elliott, Deputy Director/

General Counsel, Nan R. Eitel, Associate 

General Counsel for Chapter 11 Practice, 

or Larry Wahlquist, Office of the 

General Counsel, at (202) 307–1399 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name and 

address) voluntarily submitted by the 

commenter. 

You are not required to submit 

personal identifying information in 

order to comment on this Rule. 

Nevertheless, if you want to submit 

personal identifying information (such 

as your name and address) as part of 

your comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You also must locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You also must 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on 

www.regulations.gov. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. If you 

wish to inspect the agency’s public 

docket file in person by appointment, 

please see the paragraph above entitled 

FOR FURTHER INFORMATION CONTACT. 

Discussion of the Rule 

The BAPCPA requires the Rule to 

strike the best achievable practical 

balance between: (1) The reasonable 

needs of the public for information 

about the operational results of the 

Federal bankruptcy system; (2) 

economy, simplicity, and lack of undue 

burden on persons with a duty to file 

these reports; and (3) appropriate 

privacy concerns and safeguards. These 

Periodic Reports are to be used by all 

chapter 11 debtors who do not qualify 

as a ‘‘small business debtor’’ as defined 

in the Bankruptcy Code at 11 U.S.C. 

101(51D). Pursuant to Section 435 of the 

BAPCPA, the Judicial Conference of the 

United States has developed a periodic 

report, entitled Official Form B 25C 

‘‘Small Business Monthly Operating 

Report,’’ for use by small business 

debtors as defined by the Bankruptcy 

Code. See 11 U.S.C. 101(51D), 308. 

The administration of chapter 11 

bankruptcy cases is entrusted to the 

debtor in possession pursuant to 11 

U.S.C. 1107(a) or, if circumstances 

warrant, a trustee appointed pursuant to 

11 U.S.C. 1104. Debtors in possession 

and trustees must account for the 

receipt, administration, and disposition 

of all property; provide information 

concerning the estate and the estate’s 

administration as parties in interest 

request; and file periodic reports and 

summaries of a debtor’s business, 

including a statement of receipts and 

disbursements, and such other 

information as the United States Trustee 

or the United States Bankruptcy Court 

requires. 11 U.S.C. 1106(a)(1), 1107(a); 

Fed. R. Bankr. P. 2015 (a)(2), (a)(3). The 

periodic report filed prior to the 

confirmation of a plan of reorganization 

is generally known as the Monthly 


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66660 Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Proposed Rules 

Operating Report (MOR). The periodic 

report filed subsequent to the 

confirmation of a plan of reorganization 

is generally known as the Postconfirmation Report (PCR). 

Periodic reports are currently filed in 

bankruptcy courts across the country 

and, in each jurisdiction, they serve 

essentially the same purpose and 

convey the same information. The 

format of the reports and attachments, 

however, may vary from jurisdiction to 

jurisdiction. With the passage of the 

BAPCPA, Congress directed the 

Attorney General to draft rules creating 

nationally uniform forms for chapter 11 

periodic reports for non-small business 

cases. Congress mandated that certain 

data elements be included within the 

reports and granted the Attorney 

General the discretion to include 

additional data elements. The Attorney 

General delegated this authority to the 

Director of EOUST. In response to this 

congressional mandate, the Director 

publishes this Rule, which proposes to 

require debtors in possession and 

chapter 11 trustees in non-small 

business cases to utilize forms 

developed to produce nationally 

uniform periodic reports rather than the 

local reports currently in effect. When 

finalized, this Rule will not impose 

requirements on the general public; it 

imposes requirements only upon 

chapter 11 debtors in possession and 

trustees who are supervised by United 

States Trustees. 

UST Form 11–MOR and UST Form 

11–PCR are the uniform Periodic 

Reports forms required by this Rule. The 

data elements in UST Form 11–MOR 

that are required by Congress are 

numbered (1)–(4), (8), and (9). In UST 

Form 11–PCR, Congress required data 

element number (4); all other data 

elements have been included in the 

EOUST’s discretion via the Attorney 

General’s delegation of authority. The 

Periodic Reports that are prepared using 

these forms will facilitate the review of 

a debtor in possession’s or trustee’s case 

administration, which will assist in 

maintaining the public’s trust in the 

bankruptcy system. 

The information collected by UST 

Form 11–MOR will be utilized by the 

court, creditors, the United States 

Trustee and other parties in interest to 

evaluate a chapter 11 debtor’s progress 

through the bankruptcy system, 

including the likelihood of a plan of 

reorganization being confirmed and 

whether the case is being prosecuted in 

good faith. Specifically, information 

collected by UST Form 11–MOR will 

assist the court and parties in interest in 

ascertaining the following: (1) Whether 

there is a substantial or continuing loss 

to or diminution of the bankruptcy 

estate; (2) whether there is a reasonable 

likelihood of rehabilitation; (3) whether 

there exists gross mismanagement of the 

bankruptcy estate; (4) whether the 

debtor may have violated a cash 

collateral order or other order of the 

bankruptcy court; (5) whether the debtor 

is timely paying postpetition taxes; (6) 

whether the debtor is engaging in the 

unauthorized disposition of assets 

through sales or otherwise; (7) whether 

the debtor is complying with its 

obligation to maintain appropriate 

insurance so as to avoid a risk to the 

estate or to the public; (8) whether the 

debtor is complying with its obligation 

to pay fees due under 28 U.S.C. 1930; 

and, (9) in the case of an individual 

debtor, if applicable, whether the debtor 

is complying with his or her obligation 

to pay domestic support obligations. 

This information contributes to the 

decision by the United States Trustee, or 

by a creditor or some other party in 

interest, to file a motion to dismiss the 

bankruptcy case or seek conversion of 

the case to a case under chapter 7. See, 

e.g., 11 U.S.C. 1112(b)(4)(A), (B), (C), 

(D), (E), (I), (J), (K), and (P). 

The information collected by UST 

Form 11–PCR will be utilized to 

evaluate whether a chapter 11 debtor is 

performing as anticipated under a 

confirmed plan. Specifically, 

information collected by UST Form 11– 

PCR will assist the court and parties in 

interest in ascertaining the following: (1) 

Whether a debtor is able to effect 

substantial consummation of a 

confirmed plan; (2) whether the debtor 

is or is not in material default under a 

confirmed plan; and (3) whether the 

debtor is paying fees required under 28 

U.S.C. 1930. If the debtor fails to 

perform under the confirmed plan, the 

United States Trustee, creditors, or other 

parties in interest may bring an 

appropriate motion to dismiss the case, 

revoke a confirmed plan, or convert the 

case to a case under chapter 7. See 11 

U.S.C. 1112(b)(4)(K), (M), and (N); 11 

U.S.C. 1144. 

The use of these Periodic Reports will 

accomplish Congress’s mandate to 

develop uniform forms for periodic 

reports as directed in the BAPCPA. The 

Periodic Reports will include all of the 

types of information required to be 

collected under the statute. Much of that 

information is already collected in the 

current forms, but not in a way that 

facilitates the national compilation of 

the data. Because the Periodic Reports 

will be uniform, they may be dataenabled to facilitate the national 

compilation of the data delineated in 

the statute. This will facilitate an 

evaluation of the efficiency and 

practicality of the bankruptcy system, 

and may also assist Congress when 

making policy decisions, without 

imposing significant additional burdens 

upon trustees and debtors in possession. 

Moreover, the Periodic Reports will 

include sufficient information to inform 

creditors and other interested persons of 

the debtor’s financial affairs, but they 

are still concise enough so as to provide 

ready, meaningful access to the 

information through the Internet or 

other means. 

Periodic Reports shall be filed as a 

‘‘smart form’’ with the United States 

Bankruptcy Court in which the chapter 

11 case is pending via the court’s Case 

Management/Electronic Case Filing 

System (CM/ECF). A ‘‘smart form’’ is a 

document that is data-enabled. When 

the document is saved into the industry 

standard Portable Document Format 

(PDF), stored data tags are then available 

for extraction and searching. When a 

form is not data-enabled, where the PDF 

is simply an image of the form, the data 

is not uniformly available for searching 

or extraction. The data-enabled form 

builds upon the existing Adobe PDF/A 

standard (Version 1.4). Once the 

Periodic Reports are finalized, debtors 

in possession, chapter 11 trustees, and 

members of the public may obtain blank 

‘‘smart form’’ Periodic Reports from the 

United States Trustee Program Web site 

at www.justice.gov/ust. 

The Periodic Reports, once filed in an 

active bankruptcy case by a debtor in 

possession or trustee, will be available 

to the general public at the office of the 

clerk of the United States Bankruptcy 

Court where a case is pending during 

the hours established by the bankruptcy 

court clerk. Members of the public 

should contact the clerk’s office of 

individual United States Bankruptcy 

Courts to obtain information about the 

policies and procedures for inspection 

of Periodic Reports filed in any 

particular case. Periodic Reports filed in 

cases are also available through the 

Internet by accessing the Web site for 

the Administrative Office of the United 

States Courts known as Public Access to 

Court Electronic Records (PACER) at 

www.pacer.psc.uscourts.gov. In order to 

access court records through PACER, 

users must register and obtain a user 

name and password. In addition, users 

must pay a fee for obtaining records 

through PACER. 

Executive Orders 12866 and 13563— 

Regulatory Review 

This Rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ section 1(b), Principles of 

Regulation and in accordance with 


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Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Proposed Rules 66661 

Executive Order 13563 ‘‘Improving 

Regulation and Regulatory Review’’ 

section 1(b) General Principles of 

Regulation. The Department has 

determined that this Rule is not a 

‘‘significant regulatory action’’ and, 

accordingly, this Rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

The costs considered in this 

regulation include the time incurred by 

chapter 11 debtors and trustees to 

complete the Periodic Reports. This 

information is already collected in most 

districts through locally generated 

report forms. Additional costs, if any, 

should be negligible. 

It is estimated that the cost to the 

government for developing these 

Periodic Reports is approximately 

$67,000. The estimated cost to develop 

a system to store information extracted 

from these reports and to analyze the 

data is approximately $208,000. Over 

the next several years, the EOUST 

anticipates utilizing base resources 

available for information technology to 

meet the costs associated with 

developing the Periodic Reports and a 

system to store the information 

extracted from the reports. There will be 

no additional cost to the government or 

to the public. In fact, this Rule will 

reduce the costs to the government in 

reviewing and analyzing the 

information submitted by chapter 11 

debtors in possession and chapter 11 

trustees. Because the Periodic Reports 

will be data enabled, the current system 

of manual review and analysis will be 

replaced by a less time intensive, more 

automated process. 

Executive Order 13132 

This Rule 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. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this Rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), the 

Director has reviewed this Rule and by 

approving it certifies that it will not 

have a significant economic impact on 

a substantial number of small entities. 

This certification is based upon the fact 

that chapter 11 small business debtors 

are not required to complete these 

Periodic Reports. Pursuant to Section 

435 of the BAPCPA, the Judicial 

Conference of the United States has 

developed a periodic report, entitled 

Official Form B 25C ‘‘Small Business 

Monthly Operating Report, for use by 

small business debtors as defined by the 

Bankruptcy Code. See 11 U.S.C. 

101(51D), 308. 

Paperwork Reduction Act 

These Periodic Reports are associated 

with an open bankruptcy case. 

Therefore, the exemption under 5 CFR 

1320.4(a)(2) applies. 

Unfunded Mandates Reform Act of 

1995 

This Rule does not require the 

preparation of an assessment statement 

in accordance with the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1531. This Rule does not include a 

federal mandate that may result in the 

annual expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of more than the 

annual threshold established by the Act 

($123 million in 2005, adjusted 

annually for inflation). Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This Rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 801 et 

seq. This Rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, and 

innovation; or on the ability of United 

States-based companies to compete with 

foreign-based companies in domestic 

and export markets. 

Privacy Act Statement 

28 U.S.C. 589b authorizes the 

collection of the information in the 

Periodic Reports. As part of the debtor 

in possession’s or trustee’s reporting 

obligations, the United States Trustee 

will review the information contained 

in these reports. The United States 

Trustee will not share the information 

with any other entity unless authorized 

under the Privacy Act, 5 U.S.C. 552a et 

seq. EOUST has published a System of 

Records Notice that delineates the 

routine use exceptions authorizing 

disclosure of information. See 71 FR 

59818, 59819 (Oct. 11, 2006), JUSTICE/ 

UST–001, ‘‘Bankruptcy Case Records 

and Associated Files.’’ Providing this 

information is mandatory under 11 

U.S.C. 704. 

List of Subjects in 28 CFR Part 58 

Bankruptcy; Trusts and Trustees 

For the reasons set forth in the 

preamble, 28 CFR part 58 is proposed to 

be amended as set forth below. 

PART 58—[AMENDED] 

■ 1. The authority citation for Part 58 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552; 11 U.S.C. 

109(h), 111, 521(b), 727(a)(11), 1141(d)(3), 

1202; 1302, 1328(g); 28 U.S.C. 509, 510, 586, 

589b. 

■ 2. Add § 58.8 to read as follows: 

§ 58.8 Uniform Periodic Reports in Cases 

Filed Under Chapter 11 of Title 11. 

(a) Scope. The requirements of this 

section apply to all chapter 11 debtors 

who do not qualify as a ‘‘small business 

debtor’’ under 11 U.S.C. 101(51D). 

(b) UST Form 11–MOR, Monthly 

Operating Report. Debtors in possession 

(debtor) and chapter 11 trustees (trustee) 

must file with the court and serve upon 

the United States Trustee, each member 

of any Official Committee of Unsecured 

Creditors, and any governmental unit 

charged with responsibility for 

collection or determination of any tax 

arising out of such operation, monthly 

operating reports using UST Form 11– 

MOR (MOR). The MOR must contain 

the following: 

(1) Information about the industry 

classification, published by the 

Department of Commerce, for the 

businesses conducted by the debtor; 

(2) Length of time the case has been 

pending; 

(3) Number of full-time employees as 

of the date of the order for relief and at 

the end of each reporting period since 

the case was filed; 

(4) Cash receipts, cash disbursements, 

and profitability of the debtor for the 

most recent period and cumulatively 

since the date of the order for relief; 

(5) Asset and liability status as of the 

end of the reporting period; 

(6) Assets sold or transferred outside 

the ordinary course of business (with or 

without court approval) during the 

reporting period and cumulatively since 

the date of the order for relief; 

(7) Income statement, commonly 

referred to as a Statement of Operations; 

(8) All professional fees approved by 

the court in the case for the most recent 

period and cumulatively since the date 

of the order for relief (separately 

reported, for the professional fees 

incurred by or on behalf of the debtor, 

between those that would have been 

incurred absent a bankruptcy case and 

those not); 

(9) Information on whether tax returns 

and tax payments since the date of the 


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order for relief have been timely filed 

and made; 

(10) Payments made on pre-petition 

debt, other than in the normal course of 

business, to secured creditors or lessors; 

(11) Payments made outside the 

ordinary course of business without 

court approval; 

(12) Payments made to or on behalf of 

insiders; 

(13) Postpetition borrowing; 

(14) Insurance information, including 

workers’ compensation, casualty/

property, and general liability; 

(15) Information on whether 

disclosure statements and plans of 

reorganization have been filed with the 

court; and 

(16) Information regarding the 

payment of quarterly fees to the United 

States Trustee. 

(c) Individual chapter 11 debtors. 

Individual chapter 11 debtors, in 

addition to the other provisions of the 

MOR, must complete Part 8 reserved for 

individual debtors, which includes the 

following: 

(1) Total income during the reporting 

period, including income from salary, 

wages, self-employment, and any other 

source; 

(2) Total expenses during the 

reporting period, including expenses 

related to self-employment, and unusual 

or significant unanticipated expenses; 

(3) Difference between total income 

and total expenses; 

(4) Debts that are not related to selfemployment that were incurred since 

the petition filing date, which are past 

due; and 

(5) Statement of whether all domestic 

support obligation payments required 

under 11 U.S.C. 1129(a)(14) have been 

paid. 

(d) Supporting MOR documents. At 

the discretion of the United States 

Trustee, the debtor or trustee may be 

required to submit to the United States 

Trustee, creditors’ committee, or any 

party in interest the following 

documentation: 

(1) Statement of Cash Receipts and 

Disbursements that shows all cash 

receipts and cash disbursements for all 

bank and investment accounts; 

(2) Balance Sheet containing the 

summary and detail of the assets, 

liabilities, and equity (net worth) or 

deficit of the debtor. The debtor’s prepetition liabilities and retained earnings 

must be reported separately from the 

debtor’s postpetition liabilities and 

retained earnings; 

(3) Statement of Operations (Profit or 

Loss Statement) that compares the 

debtor’s actual performance with 

projected performance; 

(4) Accounts Receivable Aging, which 

is an aged summary of accounts 

receivable including total receivables, 

net of doubtful accounts; 

(5) Postpetition Liabilities Aging, 

which is an aged summary schedule of 

postpetition liabilities segregated by 

general payables, amounts owed to 

professionals, taxes, etc.; 

(6) Statement of Capital Assets that 

identifies the book value of all capital 

assets on the date of filing the petition, 

the book value at the beginning of the 

reporting period, any additions or 

deletions including depreciation, and 

the book value at the end of the 

reporting period; 

(7) Schedule of Payments to 

Professionals that identifies all fees and 

expenses for all professionals employed 

in the bankruptcy case; 

(8) Schedule of Payments to Insiders 

that includes all payments made by the 

debtor to any person or entity 

considered an insider under 11 U.S.C. 

101(31); 

(9) Bank Statements and Bank 

Reconciliations that reflect all bank 

accounts and banking transactions; 

(10) Descriptions of assets sold or 

transferred outside the ordinary course 

of business, and the terms of such sales 

or transfers; and 

(11) On a case by case basis, the 

United States Trustee may require the 

debtor or trustee to provide additional 

information including, but not limited 

to, cash disbursement register/ledger, 

statement of cash flows, real estate 

settlement documents, contracts or loan 

documents, and other records. In 

addition, other supporting 

documentation may be required if 

necessary to present a complete picture 

of the financial operations of the 

debtor’s business. 

(e) Deadlines for filing/submitting 

MOR. The MOR must be filed with the 

court and submitted to the United States 

Trustee on a monthly basis. Each MOR 

must be filed between the 21st day and 

the last day of the month immediately 

following the reporting period covered 

by the MOR. The precise deadline for 

filing the MOR is determined by the 

United States Trustee’s operating 

guidelines for the district in which the 

case is pending. The MOR must be filed 

every month until one of the following 

occurs: 

(1) The confirmation of a plan of 

reorganization; 

(2) The conversion of the case to 

chapter 7; or 

(3) The dismissal of the case. 

(f) UST Form 11–PCR, Postconfirmation Report. Following the 

confirmation of a plan of reorganization, 

reorganized debtors and any trustees 

who have been charged with 

administering a confirmed plan must 

file with the court and serve upon the 

United States Trustee, and any 

governmental unit charged with 

responsibility for collection or 

determination of any tax arising out of 

such operation, post-confirmation 

reports using UST Form 11–PCR. The 

PCR must contain the following: 

(1) Date the petition was filed and the 

date of plan confirmation; 

(2) Summary of all post-confirmation 

amounts disbursed. This summary must 

be divided into disbursements during 

the most recent reporting period and 

total disbursements since the date of the 

confirmation order; 

(3) All pre-confirmation professional 

fees approved by the court in the case 

for the most recent period and 

cumulatively since the date of the order 

for relief (separately reported, for the 

professional fees incurred by or on 

behalf of the debtor, between those that 

would have been incurred absent a 

bankruptcy case and those not); 

(4) Information regarding the 

recoveries of holders of claims under 

confirmed plans. This information must 

be expressed in aggregate dollar values 

and, in the case of claims, as a 

percentage of total claims of the class 

allowed; 

(5) Information on whether a final 

decree has been entered or anticipated 

to be entered; and 

(6) Information regarding the payment 

of quarterly fees to the United States 

Trustee. 

(g) Deadlines for filing/submitting 

PCR. The PCR must be filed with the 

court and submitted to United States 

Trustee on a quarterly basis. Each PCR 

must be filed not later than the 21st day 

following the last day of the reporting 

(previous) quarter. The PCR must be 

filed every quarter until one of the 

following occurs: 

(1) The date of the final decree; 

(2) The conversion of the case to 

chapter 7; or 

(3) The dismissal of the case. 

(h) Accounting methods. Generally 

Accepted Accounting Principles 

(GAAP) are required to be used when 

completing these Periodic Reports, 

except as modified by the United States 

Trustee or by an order of the court. 

Additionally, the accrual basis method 

of accounting must be used unless the 

cash basis method was used by the 

debtor prior to filing the petition. In 

such cases, those sections of the 

Periodic Reports utilizing cash basis 

method must be clearly identified. 

Supporting documents must comply 

with GAAP as determined by the United 

States Trustee, such as Statement of 

Position 90–7, ‘‘Financial Reporting by 

Entities in Reorganization Under the 


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Bankruptcy Code,’’ as amended, when 

applicable, which was issued by the 

American Institute of Certified Public 

Accountants on November 19, 1990. 

(i) Certification of Periodic Reports’ 

accuracy. The Periodic Reports must be 

certified under penalty of perjury that 

they are true and accurate by an 

individual who is authorized under 

applicable law to certify on behalf of the 

debtor or trustee. The debtor’s or 

trustee’s attorney must maintain 

possession of the Periodic Reports with 

original signatures for five years, unless 

otherwise provided in local court rules. 

A pro se debtor must submit the 

Periodic Reports with original 

signatures to the Office of United States 

Trustee that is responsible for 

supervising the case. 

(j) Mandatory usage of Periodic 

Reports. The Periodic Reports must be 

utilized by debtors and trustees when 

completing their monthly operating 

reports or post-confirmation reports. All 

debtors and chapter 11 trustees serving 

in districts where a United States 

Trustee is serving must use the Periodic 

Reports in the administration of their 

cases, in the same manner and with the 

same content, as set forth in this Rule. 

(1) All Periodic Reports may be 

electronically or mechanically 

reproduced so long as the content and 

the form remain consistent with the 

Periodic Reports as they are posted on 

EOUST’s Web site; and 

(2) The Periodic Reports shall be filed 

via the United States Bankruptcy 

Courts’ Case Management/Electronic 

Case Filing System (CM/ECF) as a 

‘‘smart form,’’ meaning the reports are 

data-enabled. 

Dated: October 24, 2014. 

Clifford J. White III 

Director, Executive Office for United States 

Trustees. 

[FR Doc. 2014–25975 Filed 11–7–14; 8:45 am] 

BILLING CODE 4410–40–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0700; FRL–9919–12– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Revisions for the Regulation and 

Permitting of Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

portions of three revisions to the 

Arkansas State Implementation Plan 

(SIP) submitted by the Arkansas 

Department of Environmental Quality 

on July 26, 2010; November 6, 2012; and 

September 10, 2014. Together, these 

three submittals update the Arkansas 

SIP such that the ADEQ has the 

authority to implement the current 

National Ambient Air Quality Standards 

(NAAQS) and regulate and permit 

emissions of fine particulate matter 

(particulate matter with diameters less 

than or equal to 2.5 micrometers (PM2.5)) 

and its precursors through the Arkansas 

PSD program. The September 10, 2014, 

submittal is a request for parallel 

processing of revisions proposed by the 

ADEQ on August 22, 2014. The EPA is 

proposing to find that the Arkansas 

Prevention of Significant Deterioration 

(PSD) New Source Review (NSR) SIP 

meets all Clean Air Act (CAA or the Act) 

requirements for PM2.5 PSD. EPA is also 

proposing to approve a portion of the 

December 17, 2007 SIP submittal for the 

PM2.5 NAAQS pertaining to interstate 

transport of air pollution and PSD. EPA 

is proposing these actions under section 

110 and part C of the CAA. 

DATES: Comments must be received on 

or before December 10, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2014–0700, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Email: Ms. Adina Wiley at 

wiley.adina@epa.gov. 

• Mail or Delivery: Ms. Adina Wiley, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2014– 

0700. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background for Our Proposed Action 

A. General Information on SIPs 

B. Preconstruction Review and Permitting 

Programs 

C. Summary of State Submittals 

1. The July 26, 2010 Submittal 

2. The November 6, 2012 Submittal 

3. The September 10, 2014 Submittal 

4. What is the EPA not addressing? 

II. The EPA’s Analysis of the State Submittals 

A. Revisions to the Arkansas PSD Program 

To Address PM2.5 Permitting 

1. The NSR PM2.5 Implementation Rule 

2. The PM2.5 PSD Increment—SILs—SMC 

Rule 


rmajette on DSK2TPTVN1PROD with PROPOSALS