Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 74659 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. RP13–238–000; RP12–39–000; 

RP12–39–001] 

Algonquin Gas Transmission; Notice 

of Technical Conference 

Take notice that the Commission will 

convene a technical conference on 

Wednesday, January 23, 2013, from 

10:00 a.m. to 5:00 p.m. (EDT) in a room 

to be designated at the offices of the 

Federal Energy Regulatory Commission, 

888 First Street NE., Washington DC 

20426. 

Pursuant to the Commission’s Order 

Accepting and Suspending, Subject to 

Refund, Tariff Record Subject to 

Conditions and Establishing Technical 

Conference, 141 FERC ¶ 61,160 (Issued 

November 28, 2012), the technical 

conference will address the issues 

raised in Algonquin Gas Transmission’s 

(Algonquin) Fuel Reimbursement 

proceedings in Docket Nos. RP13–238– 

000, RP12–39–000, and RP12–39–001. 

In addition, at the technical conference, 

parties will be able to comment on the 

Data Response Algonquin is required to 

submit by January 4, 2013. 

FERC conferences are accessible 

under section 508 of the Rehabilitation 

Act of 1973. For accessibility 

accommodations please send an email 

to accessibility@ferc.gov or call toll free 

(866) 208–3372 (voice) or (202) 502– 

8659 (TTY), or send a fax to (202) 208– 

2106 with the required 

accommodations. 

All interested persons are permitted 

to attend. For further information please 

contact Lisa Long at (202) 502–8691 or 

by email at lisa.long@ferc.gov. 

Dated: December 10, 2012. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2012–30263 Filed 12–14–12; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPA–2007–0584, FRL–9762–8] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Oil Pollution 

Prevention; Spill Prevention, Control, 

and Countermeasure (SPCC) Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request to renew an existing 

approved Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This 

ICR, identified as Renewal EPA IRC 

0328.16 and OMB Control No. 2050– 

0021, is scheduled to expire on June 30, 

2013. Before submitting the ICR to OMB 

for review and approval, EPA is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before February 15, 2013. 

ADDRESSES: Submit your comments, 

indentified by Docket ID No. EPA–HQOPA–2007–0584, to EPA, by one of the 

following methods: 

(1) http://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. 

(2) Email: Docket.RCRA@epa.gov, 

Attention Docket ID No, EPA–HQ– 

OPA–2007–0584 

(3) Fax: 202–566–9744, Attention 

Docket ID No. EPA–HQ–OPA–2007– 

0584 

(4) Mail: EPA Docket Center, (EPA/ 

DC), Docket ID No. EPA–HQ–OPA– 

2007–0584, Mail Code 28221T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460 

(5) Hand Delivery: EPA Docket Center, 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Attention Docket ID No. EPA– 

HQ–OPA–2007–0584. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OPA–2007– 

0584. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means 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 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 and with any 

disk or CD–ROM you submit. 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, any form of 

encryption, and 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/dockets. 

FOR FURTHER INFORMATION CONTACT: 

George W. Denning, Office of 

Emergency Management, Mail Code 

5104A, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 564–2404; fax number: 

(202) 564–2625; email address: 

denning.george@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or 

submit comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OPA–2007–0584, which is 

available for online viewing at 

www.regulations.gov, or in person 

viewing at the EPA Docket Center, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number to make an 

appointment to view the docket is (202) 

566–0276. 

Use www.regulations.gov to obtain a 

copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the docket ID number identified in this 

document. 

What information is EPA particularly 

interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 


srobinson on DSK4SPTVN1PROD with 
74660 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What should I consider when I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What information collection activity or 

ICR does this apply to? 

Docket ID No: EPA–HQ–OPA–2007– 

0584 

Affected entities: Entities potentially 

affected by this action are the owners or 

operators of facilities that are required 

to have a Spill Prevention, Control, and 

Countermeasure (SPCC) Plan under the 

Oil Pollution Prevention regulation (40 

CFR Part 112). The applicability, 

definitions, and general requirements 

for all facilities and all types of oil are 

located in part 112.1 of the regulations 

and apply to any owner or operator of 

a non-transportation-related onshore or 

offshore facility engaged in drilling, 

producing, gathering, storing, 

processing, refining, transferring, 

distributing, using or consuming oil and 

oil products, which due to its location, 

could reasonably be expected to 

discharge oil into navigable waters or 

adjoining shorelines in quantities that 

may be harmful. (See 40 CFR 112.1(a) 

through (d) for further information 

about the applicability of the oil 

pollution prevention regulations.) 

The private industry sectors subject to 

this action include, but are not limited, 

to: (1) Oil and Gas Extraction (NAICS 

211); (2) Farms (NAICS 111, 112); (3) 

Electric Utility Plants (NAICS 2211); (4) 

Petroleum Refining and Related 

Industries (NAICS 324); (5) Chemical 

Manufacturing (NAICS 331, 332); (9) 

Other Manufacturing (NAICS 31–33); 

(10) Real Estate Rental and Leasing 

(NAICS 531, 533); (11) Retail Trade 

(NAICS 441–446, 448,451–454); (12) 

Contract Construction (NAICS 23); (13) 

Wholesale Trade (NAICS 42); (14) Other 

Commercial (NAICS 492, 541, 551, 561– 

562); (15) Transportation (NAICS 481– 

488); (16) Arts, Entertainment, and 

Recreation (NAICS 711–713); (17) Other 

Services (Except Public Administration) 

(NAICS 811–813); (18) Education 

(NAICS 611); (19) Petroleum Bulk 

Stations and Terminals (NAICS 4247); 

(19) Fuel Oil Dealers (NAICS 45431); 

(20) Hospitals & Other Health Care 

(NAICS 621–624); (21) Accommodation 

and Food Services (NAICS 721,722); 

(22) Fuel Oil Dealers (NAICS 45431); 

(23) Gasoline Stations (NAICS 4471); 

(24) Information Finance and Insurance 

(NAICS 51, 52); (25) Mining (NAICS 

212, 213); (26) Warehousing and Storage 

(NAICS 493); (27) Pipelines (NAICS 

4861, 48691); (28) Government (NAICS 

92); (29) Military Installations (NAICS 

928110); and (30) Religious 

Organizations (NAICS 813110). 

Title: Spill Prevention, Control, and 

Countermeasure (SPCC) Plans. 

ICR number: EPA ICR Number 

0328.16; OMB Control Number 2050– 

0021. 

ICR status: This ICR is currently 

scheduled to expire on June 30, 2013. 

An Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the CFR, 

after appearing in the Federal Register 

when approved, are listed in 40 CFR 

Part 9, are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

Part 9. 

Abstract: The authority for EPA’s oil 

pollution prevention requirements is 

derived from section 311(j)(1)(C) of the 

Clean Water Act, as amended by the Oil 

Pollution Act of 1990. EPA’s regulation 

is codified at 40 CFR 112. An SPCC Plan 

will help an owner or operator identify 

the necessary procedures, equipment 

and resources to respond to prevent an 

oil spill and to respond to an oil spill 

in a timely manner. If implemented 

effectively, the SPCC Plan is expected to 

prevent oil spills and reduce the impact 

and severity of oil spills. Although the 

owner or operator is the primary data 

user, EPA may also require the owner or 

operator to submit data to the Agency in 

certain situations to ensure facilities 

comply with the SPCC regulation and to 

help allocate response resources. State 

and local governments may use the data, 

which are not generally available 

elsewhere and can assist local 

emergency preparedness planning 

efforts. EPA does not require an owner 

or operator to submit SPCC Plans, but 

may request the SPCC Plan during a 

facility inspection or an oil spill 

incident for review. The SPCC 

regulation requires the owner or 

operator maintain a complete copy of 

the Plan at the facility if the facility is 

normally attended at least fours hours 

per day or at the nearest field office if 

the facility is not so attended. The rule 

also requires that the Plan be available 

to the Regional Administrator for on-site 

review during normal working hours (40 

CFR Part 112.3(e)). 

SPCC Plan Preparation. Under section 

112.3(a) or (b), the owner or operator or 

onshore or offshore facility subject to 

this section must prepare in writing and 

implement an SPCC Plan in accordance 

with section 112.7 and any other 

applicable sections in the regulation. 

Part 112.7 requires that the Plan be 

prepared in accordance with good 

engineering practices. The section also 

requires the Plan have the full approval 

of management at a level of authority to 

commit the necessary resources to fully 

implement the Plan. Specific provisions 

in this section, among others, require 

the owner or operator to predict the 

direction, rate of flow and total quantity 

of oil which could be discharged from 

the facility as result of each type of 

major equipment failure (§ 112.7(b)); 

provide for appropriate containment 

and/or diversionary structures or 

equipment to prevent a discharge 

(§ 112.7(c)); provide for PE certification 

or a qualified facility certification 

(§ 112.7(d)); and conduct inspections 


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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 74661 

and tests and maintain records 

(§ 112.7(e)). 

Plan Certification. Under section 

112.3(d), a SPCC Plan must, except as 

provided by 40 CFR Part 112.6 Qualified 

Facilities Plan Requirements, be 

reviewed and certified by a licensed 

Professional Engineer (PE) for it to be 

effective to satisfy the requirements. 

Under section 112.6, the owner or 

operator of a qualified facility may self 

certify the Plan if the facility meets the 

eligibility criteria in section 112.3(g). 

SPCC Plan Maintenance. Under 

section 112.5, the owner or operator 

must complete a review and evaluation 

of the SPCC Plan at least once every five 

years from the date the facility becomes 

subject to part 112, or if the facility was 

in operation on or before August 16, 

2002, five years from the date the last 

review. As a result of this review and 

evaluation, the owner or operator must 

amend the Plan within six months of 

the review to include more effective 

prevention and control technology if the 

technology has been field-proven at the 

time of the review and will significantly 

reduce the likelihood of a discharge of 

oil. 

Recordkeeping. Under section 

112.7(e), an owner or operator must 

conduct inspections, tests, and maintain 

records. The inspections and tests must 

be conducted in accordance with 

written procedures the facility or the 

certifying engineer developed for the 

facility. The written procedures and a 

record of the inspections and tests must 

be signed by the appropriate supervisor 

or inspector and kept with the SPCC 

Plan for a period of three years. Records 

of inspections and tests may be kept 

under usual and customary business 

practices. 

Number of Regulated Facilities. At the 

time OMB approved the current ICR 

(June 15, 2010), EPA estimated that 

there were approximately 640,000 SPCC 

regulated facilities in 2010. The largest 

sectors in 2010 were oil and gas 

production with 215,000 affected 

facilities and farms with 149,000 

affected facilities. As part of the 

regulatory impact analysis for the 2008 

and 2009 SPCC amendments, EPA 

analyzed the growth rates for each 

industrial sector covered by the 

regulations. For this ICR, EPA applied 

those growth rates for the next ICR 

period. For some sectors, the growth 

rate for the number of facilities was 

negative: for example, the farm sector 

experienced a reduction in affected 

facilities. For other sectors such as oil 

and gas production sector, the growth 

rate for the number of affected facilities 

increased. For the growth rates for all 

sectors, EPA estimates there would be 

approximately 657,000 SPCC regulated 

facilities in 2014 up from 640,000 in 

2010; approximately 670,000 SPCC 

regulated facilities in 2015; and 

approximately 683,000 facilities in 

2016. 

Burden Statement: The average 

annual reporting and recordkeeping 

burden for this collection of information 

on a newly regulated facility for which 

a SPCC Plan is required (i.e., first-year 

costs for plan development) is estimated 

to be approximately 58 hours per year. 

The average annual reporting and 

recordkeeping burden on a regulated 

facility for which the owner or operator 

is maintaining an SPCC Plan is 

estimated at approximately 11 hours per 

year. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR supporting statement 

provides a detailed explanation of the 

Agency’s estimate, which is only briefly 

summarized here: 

Estimated total number of potential 

respondents: 663,000. 

Frequency of response: Less than once 

per year. 

Estimated total annual burden hours: 

8,700,000 hours. 

Estimated total annual costs: 

$987,000,000, which includes 

$183,000,000 annualized capital and 

operation and maintenance (O&M) 

costs. 

Are there changes in the estimates from 

the last approval? 

EPA estimates no substantive change 

in the total estimated respondent 

burden compared with that identified in 

the ICR currently approved by OMB. 

This conclusion is based on EPA’s 

current estimate of facilities that have 

written and are maintaining an SPCC 

Plan in compliance with 40 CFR Part 

112. EPA amended the SPCC regulation 

to exempt milk and milk product 

containers since the last ICR renewal 

that results in a small reduction in the 

number regulated facilities and savings 

in terms of total labor hours and total 

cost burden. The agency also extended 

the compliance date for farms, but that 

regulatory action does not affect the 

number of facilities, labor hours and 

cost burden. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: December 11, 2012. 

Dana S. Tulis, 

Acting Director, Office of Emergency 

Management. 

[FR Doc. 2012–30359 Filed 12–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 12–1986] 

Open Internet Advisory Committee 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Commission announces 

the next meeting date, time, and agenda 

of the Open Internet Advisory 

Committee (Committee). The Committee 

was established to track and evaluate 

the effects of the Commission’s Open 

Internet rules, and to provide any 

recommendations it deems appropriate 

to the Commission regarding policies 

and practices related to preserving the 

open Internet. The Committee will 

observe market developments regarding 

the freedom and openness of the 

Internet and will focus in particular on 

issues addressed in the Commission’s 

Open Internet rules, such as 

transparency, reasonable network 

management practices, differences in 

treatment of fixed and mobile 

broadband services, specialized 

services, and technical standards. 

DATES: The next meeting of the 

Committee will take place on Thursday, 

January 17, 2013, 10:00 a.m. to 12:00 

p.m. PST, at Paul Brest Hall-East, 


srobinson on DSK4SPTVN1PROD with