37300 Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Proposed Rules 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

The collections of information 

involved in this proposed rule have 

been reviewed and approved by OMB. 

The Office is not resubmitting 

information collection requests to OMB 

for its review and approval at this time 

because the changes proposed in this 

notice revise the fees for existing 

information collection requirements 

under OMB control numbers 0651– 

0016, 0651–0021, 0651–0024, 0651– 

0031, 0651–0032, 0651–0033, 0651– 

0063 and 0651–0064. The USPTO will 

submit to OMB fee revision changes for 

the OMB control numbers 0651–0016, 

0651–0021, 0651–0024, 0651–0031, 

0651–0032, 0651–0033, 0651–0063 and 

0651–0064 if the changes proposed in 

this notice are adopted. 

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. 

List of Subjects 

37 CFR Part 1 

Administrative practice and 

procedure, Courts, Freedom of 

information, Inventions and patents, 

Reporting and recordkeeping 

requirements, Small businesses. 

37 CFR Part 41 

Administrative practice and 

procedure, Inventions and patents, 

Lawyers. 

Dated: June 8, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–16001 Filed 6–24–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0973; FRL–9319–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Royal Fiberglass Pools, Inc. Adjusted 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

into the Illinois State Implementation 

Plan (SIP) an adjusted standard for 

Royal Fiberglass Pools (‘‘Royal’’) at its 

Dix, Illinois facility. On November 8, 

2010, the Illinois Environmental 

Protection Agency (IEPA) submitted to 

EPA for approval an adjustment to the 

general rule, Use of Organic Material 

Rule, commonly known as the eight 

pound per hour (8 lb/hr) rule, as it 

applies to emissions of volatile organic 

matter (VOM) from Royal’s pool 

manufacturing facility. The adjusted 

standard relieves Royal from being 

subject to the general rule for VOM 

emissions from its Dix facility. EPA is 

approving this SIP revision because it 

will not interfere with attainment or 

maintenance of the ozone National 

Ambient Air Quality Standard 

(NAAQS). 

DATES: Comments must be received on 

or before July 27, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0545, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov 

3. Fax: (312) 408–2279. 

4. Mail: Doug Aburano, Chief, Control 

Strategies Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Doug Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Final Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the state’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: June 3, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–15868 Filed 6–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0417; FRL–9323–3] 

RIN 2060–AP99 

Mandatory Reporting of Greenhouse 

Gases: Petroleum and Natural Gas 

Systems: Revisions to Best Available 

Monitoring Method Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

certain provisions related to best 

available monitoring methods in 

regulations for Petroleum and Natural 

Gas Systems of the Greenhouse Gas 

Reporting Rule. Specifically, EPA is 

proposing to extend the time period 

during which owners and operators of 

covered facilities would be permitted to 

use best available monitoring methods 

during 2011 without submitting a 

request to the Administrator for 

approval. In addition, EPA is proposing 

to expand the list of types of emissions 

sources for which owners and operators 

would not be required to submit a 

request to the Administrator to use best 

available monitoring methods for 2011 

and extend the deadline by which 

owners and operators of covered 

facilities would request use of best 


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available monitoring methods for 

beyond 2011. These proposed 

amendments are in response to a request 

for reconsideration of specific 

provisions. 

DATES: Comments. Comments must be 

received on or before July 27, 2011, 

unless a public hearing is held, in 

which case comments must be received 

on or before August 11, 2011. 

Public Hearing. A public hearing will 

be held if requested. To request a 

hearing, please contact the person listed 

in the following FOR FURTHER

INFORMATION CONTACT section by July 5, 

2011. If requested, the hearing will be 

conducted on July 12, 2011, in the 

Washington, DC area. EPA will provide 

further information about the hearing on 

its webpage if a hearing is requested. 

ADDRESSES: You may submit your 

comments, identified by docket ID No. 

EPA–HQ–OAR–2011–0417 by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: GHG_Reporting_Rule_Oil_

And_Natural_Gas@epa.gov. Include 

Docket ID No. EPA–HQ–OAR–2011– 

0417 in the subject line of the message. 

• Fax: (202) 566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 28221T, Attention Docket ID 

No. EPA–HQ–OAR–2011–0147, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, Public Reading Room, EPA West 

Building, Room 3334, Attention Docket 

ID No. EPA–HQ–OAR–2011–0147, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. 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–OAR–2011– 

0417, Mandatory Reporting of 

Greenhouse Gases: Petroleum and 

Natural Gas Systems. 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 whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available for viewing at 

the EPA Docket Center. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West Building, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@epa.gov. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of today’s proposal will 

also be available through the WWW. 

Following the Administrator’s signature, 

a copy of this action will be posted on 

EPA’s greenhouse gas reporting rule 

Web site at http://www.epa.gov/climate

change/emissions/ghgrulemaking.html. 

Additional information on Submitting 

Comments. To expedite review of your 

comments by Agency staff, you are 

encouraged to send a separate copy of 

your comments, in addition to the copy 

you submit to the official docket, to 

Carole Cook, U.S. EPA, Office of 

Atmospheric Programs, Climate Change 

Division, Mail Code 6207–J, 

Washington, DC 20460, telephone (202) 

343–9263, e-mail address: 

GHGReportingRule@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this document. The 

information presented in this preamble 

is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Acronyms and Abbreviations 

II. Background 

III. Proposed Amendments to 40 CFR part 98 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Does this action apply to me? 

These are proposed amendments to 

optional methods under an existing 

regulation. If finalized, these amended 

regulations could affect owners or 

operators of petroleum and natural gas 

systems. Regulated categories and 

entities include those listed in Table 1 

of this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Source category NAICS Examples of affected facilities 

Petroleum and Natural Gas Systems ............................................. 486210 Pipeline transportation of natural gas. 


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TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Source category NAICS Examples of affected facilities 

221210 Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities likely to be affected by this 

action. Although Table 1 of this 

preamble lists the types of facilities of 

which EPA is aware that could be 

potentially affected by this action, other 

types of facilities not listed in the table 

could also be affected. To determine 

whether you are affected by this action, 

you should carefully examine the 

applicability criteria found in 40 CFR 

part 98, subpart W or the relevant 

criteria in the sections related to 

petroleum and natural gas systems. If 

you have questions regarding the 

applicability of this action to a 

particular facility, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. Acronyms and Abbreviations 

The following acronyms and 

abbreviations are used in this document. 

API American Petroleum Institute 

AXPC American Exploration & Production 

Council 

BAMM best available monitoring methods 

CAA Clean Air Act 

CBI confidential business information 

CEC Chesapeake Energy Corporation 

CFR Code of Federal Regulations 

EO Executive Order 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG greenhouse gas 

IBR incorporation by reference 

ICR information collection request 

ISO International Organization for 

Standardization 

MRR mandatory GHG reporting rule 

OMB Office of Management and Budget 

RFA Regulatory Flexibility Act 

RIA Regulatory Impact Analysis 

SBA Small Business Administration 

SBREFA Small Business Regulatory 

Enforcement and Fairness Act 

U.S. United States 

UMRA Unfunded Mandates Reform Act of 

1995 

USC United States Code 

II. Background 

The EPA published Subpart W: 

Petroleum and Natural Gas Systems of 

the Greenhouse Gas Reporting Rule on 

November 30, 2010, 40 CFR part 98, 

subpart W (75 FR 74458) (subpart W). 

Included in the final rule were new 

provisions that were added in response 

to comments on the proposal allowing 

owners or operators the option of using 

best available monitoring methods 

(BAMM) for specified parameters in 40 

CFR 98.233. 

As stated in the preamble to the 2009 

final rule (74 FR 56260), CAA section 

114 provides EPA broad authority to 

require the information required to be 

gathered under subpart W. As discussed 

in the preamble to the initial proposed 

rule (74 FR 16448, April 10, 2009), CAA 

section 114(a)(1) authorizes the 

Administrator to require emissions 

sources, persons subject to the CAA, 

manufacturers of control or process 

equipment, or persons whom the 

Administrator believes may have 

necessary information to monitor and 

report emissions and provide such other 

information the Administrator requests 

for the purposes of carrying out any 

provision of the CAA. For further 

information about EPA’s legal authority, 

see the preamble to the April 2009 (74 

FR 16448) proposal and October 2010 

(74 FR 56260) final rules for the 

Mandatory Reporting of Greenhouse 

Gases. 

Following the publication of subpart 

W in the Federal Register, several 

industry groups requested 

reconsideration of several provisions in 

the final rule, including the provisions 

for BAMM. In a follow up action, EPA 

granted reconsideration and extended 

specific BAMM deadlines in a rule that 

was promulgated on April 25, 2011 (76 

FR 22825). 

In further response to that request for 

reconsideration of specific BAMM 

provisions, EPA is seeking comment on 

several proposed amendments to the 

BAMM provisions in this proposal, 

including extension of the time period 

during which owners and operators of 

covered facilities with emissions 

sources listed in 40 CFR 98.234(f)(2), 

(f)(3), (f)(4), and (f)(5)(iv) would be 

permitted to use BAMM during calendar 

year 2011 without having to request 

approval from the Administrator. 

Additionally, EPA is seeking comment 

on the proposed amendment to the 

BAMM provisions beyond 2011 

outlined in this proposal which 

includes an initial submission of a 

notice of intent to request use of BAMM 

beyond 2011 followed by a submission 

of a BAMM request consistent with 40 

CFR 98.234(f)(8)(ii) to the Administrator 

for approval to use BAMM beyond 2011. 

III. Proposed Amendments to 40 CFR 

Part 98 

Subpart W of the GHG reporting rule 

includes provisions allowing owners 

and operators of covered facilities to use 

BAMM in lieu of specified data input 

requirements for determining 

greenhouse gas emissions in certain 

circumstances for specified emissions 

sources. Methods that constitute BAMM 

are: Supplier data; monitoring methods 

currently used by the facility that do not 

meet the specifications of a relevant 

subpart; engineering calculations; and/ 

or other company records. When using 

BAMM, the owner or operator must use 

the equations and calculation methods 

set forth in 40 CFR 98.233, but may use 

BAMM to estimate the parameters in the 

equations as specified in the rule. 

EPA carefully evaluated each 

emissions source outlined in subpart W, 

and the required calculation 

methodologies for determining 

greenhouse gas emissions from that 

emissions source. Based on this 

evaluation, EPA has identified the 

specific emission sources for which the 

use of BAMM would be appropriate. 

Those emission sources are categorized 

into the following four groups. 

Well-related emissions. This group of 

emissions sources includes those wellrelated data that cannot reasonably be 

measured according to the monitoring 

and QA/QC requirements of subpart W 

such as well testing, venting, and 

flaring, for example. 

Specified activity data. This group 

includes those activity data that cannot 

reasonably be obtained according to the 

monitoring and QA/QC requirements 

specified in subpart W such as 

cumulative hours of venting, days, or 

times of operation, for example. 

Leak Detection and Measurement. 

This group includes those sources of 

emissions that require leak detection 

and/or measurement such as the 

measurement of equipment leaks from 

valves and connectors. 

Unique or Unusual Circumstances. 

These circumstances include emission 

sources not covered under the previous 

three categories for which the owner or 

operator of a covered facility is facing 

unique or unusual circumstances, such 

as data collection methods that do not 

meet safety regulations, technical 


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infeasibility such as a compressor never 

having maintenance during the calendar 

year rendering the installation of a port 

or meter difficult, or legal issues 

rendering them unable to meet the 

requirements of subpart W. 

EPA is proposing the following 

amendments to subpart W: 

• Best available monitoring methods for 

well-related emissions. EPA is proposing to 

extend the time period for use of BAMM 

without EPA approval, by three months, such 

that owners and operators of facilities with 

emissions sources listed in 40 CFR 

98.234(f)(2) would not be required to request 

approval by the Administrator to use BAMM 

between January 1, 2011 and December 31, 

2011. 

• Best available monitoring methods for 

specified activity data. EPA is proposing to 

extend the time period for use of BAMM 

without EPA approval, by three months, such 

that owners and operators of facilities with 

emissions sources listed in 40 CFR 

98.234(f)(3) would not be required to request 

approval by the Administrator to use BAMM 

between January 1, 2011 and December 31, 

2011. 

• Best available monitoring methods for 

leak detection and measurement. EPA is 

proposing to allow owners and operators of 

facilities with emissions sources listed in 40 

CFR 98.234(f)(4) to use BAMM between 

January 1, 2011 and December 31, 2011 

without having to request approval from the 

Administrator. 

• Best available monitoring methods for 

unique or unusual circumstances. EPA is 

proposing to allow owners and operators of 

facilities with emissions sources listed in 40 

CFR 98.234(f)(5)(iv) to use BAMM between 

January 1, 2011 and December 31, 2011 

without having to request approval from the 

Administrator. 

• Best available monitoring methods for 

use beyond December 31, 2011. EPA is 

proposing to revise the introductory sentence 

in 40 CFR 98.234(f)(8) by removing reference 

to extreme circumstances. In addition, EPA is 

proposing to amend 40 CFR 98.234(f)(8)(i) 

such that owners and operators of facilities 

with emissions sources listed in 40 CFR 

98.234(f)(8) may submit a notice of intent to 

submit a request for BAMM beyond 2011 to 

EPA by December 31, 2011. Facilities that 

submit a BAMM request consistent with 40 

CFR 98.234(f)(8)(ii) by March 30, 2012 who 

have also submitted a notice of intent by 

December 31, 2011 would automatically be 

granted BAMM through June 30, 2012. 

Facilities which submit such a notice of 

intent but do not follow up with a BAMM 

request by March 30, 2012 would not be 

allowed to use BAMM after December 31, 

2011. 

Following promulgation of subpart W 

on November 30, 2010, industry groups 

sought reconsideration of several 

provisions in the final rule, including 

the provisions allowing owners and 

operators of facilities with emissions 

sources listed in 40 CFR 98.234(f)(2), 

(f)(3),(f)(4), and (f)(5)(iv) to use BAMM. 

By letter dated January 31, 2011, 

Chesapeake Energy Corporation (CEC) 

and the American Exploration & 

Production Council (AXPC) stated that 

‘‘BAMM should be allowed without 

EPA approval for entities reporting 

under subpart W for the entire first 

reporting year 2011 and for all data 

necessary to conduct the calculations 

required under the rule.’’ Also, by letter 

dated January 31, 2011, the American 

Petroleum Institute (API) stated that 

‘‘[u]pon reconsideration, API requests 

that EPA provide pre-approval for (1) 

leak detection and measurement * * *’’ 

and also ‘‘[u]pon reconsideration, API 

requests that EPA allow BAMM to be 

used for the onshore production sector 

and activity data categories through 

December 31, 2011.’’ 

EPA met with several trade 

associations and companies that own or 

operate facilities subject to subpart W. 

During those meetings, several 

companies requested an extension of the 

BAMM provisions in order to complete 

initial equipment inventories and to 

secure internal resources to report data 

to EPA in accordance with the rule 

requirements. In particular, companies 

stated that a large number of data points 

that are necessary to determine 

greenhouse gas emissions using the 

calculation methodologies outlined in 

subpart W are not currently tracked by 

internal company data systems and may 

not be managed by the company in such 

a way that would enable those data to 

be readily reported to EPA in a timely 

manner. 

By letter dated May 3, 2011 API 

submitted information to EPA regarding 

the number of sources for which 

information must be collected. The 

letter states that ‘‘[g]iven the 

extraordinary scope of Subpart W—both 

the hundreds of thousands of discrete 

sites and sources whose emissions must 

be quantified and reported and their 

broad geographic dispersion— 

compliance with the monitoring and 

reporting deadlines and the deadlines to 

apply for approval to extend the use of 

BAMM are not only unrealistic but 

infeasible.’’ The letter further states that 

‘‘[t]he Onshore Petroleum and Natural 

Gas Production segment of the 

Petroleum and Natural Gas Systems 

source category (Onshore Production) 

alone covers hundreds of thousands 

[emphasis in original] of well sites along 

with tens of thousands of sites 

‘‘associated with a well pad’’ (which is 

not defined or discussed in the rule). 

These sites are widely dispersed across 

hundreds of thousands of square miles 

in all of the oil and gas producing basins 

across the United States. The seven 

additional industry segments subject to 

subpart W extend this coverage to tens 

of thousands of additional offshore 

platforms, onshore sites and facilities, 

and natural gas distribution sites. 

Within each of these industry segments, 

subpart W mandates that reporters 

monitor and determine emissions from 

multiple source types; for example, the 

Onshore Production portion of the rule 

covers 22 distinct source types. Each of 

these source types requires the 

collection of a broad variety of 

information, data points, analyses, 

models, and/or measurements to 

determine emissions and submit 

emission reports.’’ 

The letter also states that ‘‘[t]he 

problems created by the large number of 

facilities that are subject to the rule are 

exacerbated by their wide geographic 

distribution. Unlike a chemical plant or 

a refinery, oil and natural gas operations 

are spread out over huge geographic 

areas and are typically not staffed at all 

times. Often there is no electricity, 

difficult access, and little existing 

infrastructure or communications ability 

at these disparate locations. Given this 

geographic dispersion of oil and natural 

gas facilities, installation of any 

additional equipment, monitors, and/or 

data acquisition and transmitting 

systems will be very challenging. Even 

traveling to each of these sites requires 

significant time and effort. When this is 

combined with the specific monitoring 

methods demanded by the rule, 

reporters cannot realistically meet the 

rule’s BAMM extension application 

deadlines or have the full suite of 

required monitoring and recordkeeping 

systems in place by September 30.’’ 

For example, companies that own or 

operate facilities subject to subpart W, 

such as API members, and as discussed 

in API’s May 3, 2011 correspondence, 

the data collection systems that would 

be necessary to collect and process the 

numerous inputs required for subpart W 

are very complex. Because of the 

extensive, inter-related, complex nature 

of these data collection systems, many 

companies described the need for 

automatic BAMM for emissions sources 

that fall under 40 CFR 98.234(f)(5)(iv). 

For some sources, it would be nearly 

impossible to gauge in advance the 

exact nature of the BAMM that would 

be needed; for example, if one specific 

tank pressure measurement was not 

available and an alternate method was 

required to be used, a company or 

facility may not have had advance 

knowledge of that need and may not 

have prepared a specific BAMM request 

for that alternate measurement by the 

BAMM application deadline. 

Because EPA did not include specific 

BAMM provisions in the proposed rule 


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for subpart W (75 FR 18609), companies 

did not have the opportunity to 

comment on BAMM timelines and how 

those timelines would affect their 

facilities. Therefore, after evaluating the 

information provided, EPA has 

concluded that it is appropriate to 

propose extending the time period, to 

December 31, 2011, that owners and 

operators of covered facilities would be 

allowed to use BAMM without having 

to submit a request for approval from 

the Administrator. EPA believes these 

proposed amendments to the BAMM 

provisions are appropriate in order to 

provide sufficient time for companies to 

collect, prepare and submit data to EPA 

during the initial year of reporting. 

In this action, EPA is proposing to 

amend 40 CFR part 98 subpart W to 

allow facilities with the emissions 

sources listed in 40 CFR 98.234(f)(2), 

(f)(3), (f)(4), and (f)(5)(iv) to 

automatically use BAMM, without EPA 

approval, for the entire 2011 reporting 

year. 

We are also proposing to amend 40 

CFR 98.234(f)(8) for owners and 

operators who want to request to use 

BAMM beyond 2011. In this proposal, 

owners or operators requesting to use 

BAMM beyond 2011 are required to 

electronically notify EPA by December 

31, 2011 that they intend to apply for 

BAMM for unique or unusual 

circumstances such as data collection 

methods that do not meet safety, 

technical, or legal issues rendering them 

unable to meet the requirements of 

subpart W. Owners or operators must 

submit the full extension request for 

BAMM by March 30, 2012. The full 

extension request must include a list of 

specific source categories and 

parameters at the facility for which the 

owner or operator is seeking to use 

BAMM. The full request must also 

include a description of the unique or 

unusual circumstances, including data 

collection methods that do not meet 

safety regulations, methods that are 

technically infeasible, or specific laws 

or regulations that conflict with each 

specific source for which BAMM is 

being requested. In addition, the full 

request must include supporting 

documentation of how and when the 

owner or operator will come into full 

compliance with subpart W, including 

but not limited to acquiring necessary 

services or equipment to comply with 

all of subpart W reporting requirements. 

The contents of the full BAMM request 

for post 2011 remain unchanged from 

the 2010 final rule (75 FR 74508) with 

the exception that we are clarifying in 

this proposal that the circumstances 

under which BAMM may be requested 

beyond 2011 are not limited to concerns 

about safety, technical infeasibility or 

instances where meeting monitoring 

requirements under subpart W would 

conflict with specific laws or 

regulations. Other unique or unusual 

circumstances may be appropriate for 

requesting BAMM, if properly 

demonstrated. We are seeking comment 

only on these amendments to 40 CFR 

98.234(f)(8)(iv) which we have proposed 

to change and not other elements of the 

post 2011 BAMM process. 

Further, we would note that the 

notice of intent, due December 31, 2011 

to request BAMM post 2011 is intended 

for known issues (e.g., a monitoring 

requirement in the rule is counter to 

another federal, state or local 

regulation). EPA does not intend for the 

proposed amendments to 40 CFR 

98.234(f)(8) to lead to a submission of a 

notification of intent and a subsequent 

BAMM request consistent with 40 CFR 

98.234(f)(8)(ii) by a facility to cover that 

facility in the event that the facility 

might need BAMM in a future year 

(sometimes referred to as a ‘‘protective 

filing’’). Submission of a BAMM request 

for these possible future issues (e.g, 

newly acquired operations) is covered 

under 40 CFR 98.234(f)(1), which states 

‘‘EPA reserves the right to review 

petitions after the deadline but will only 

consider and approve late petitions 

which demonstrate extreme or unusual 

circumstances.’’ EPA recognizes that it 

is not reasonable to predict all potential 

future issues and, as such, reserves the 

right to consider those BAMM requests 

in future years, without the reporter’s 

having to notify EPA by the December 

31, 2011 notification of intent deadline 

described in 40 CFR 98.234(f)(8). 

Once the owner or operator has 

notified EPA, by December 31, 2011, of 

their intent to apply for BAMM and has 

subsequently submitted a full extension 

request, by March 30, 2012, they can 

automatically use BAMM for the 

specific parameters identified in their 

request through June 30, 2012, 

regardless of the final determination by 

EPA on approval or denial of the BAMM 

request. This automatic extension 

would be necessary because under the 

proposed rule, facilities would have 

only been granted automatic BAMM 

through December 31, 2011. For 

facilities that are requesting BAMM for 

beyond 2011, BAMM must be extended 

automatically to provide EPA the time 

to review thoroughly the BAMM 

requests submitted for beyond 2011, 

while ensuring that the requesting 

facilities are not out of compliance with 

the rule during that review process. The 

owners and operators who apply for 

BAMM beyond 2011 must follow the 

requirements as stated in subpart W by 

July 1, 2012, unless EPA approves their 

BAMM extension request (due March 

30, 2012). Under the proposal, facilities 

that submit a notice of intent but do not 

follow up with a BAMM request 

consistent with 40 CFR 98.234(f)(8)(ii) 

by March 30, 2012 cannot use BAMM 

after December 31, 2011. 

EPA is seeking comment on these 

proposed deadlines for BAMM beyond 

2011. EPA recognizes that there may be 

additional concerns related to BAMM 

for post 2011 that were raised in the 

petitions for reconsideration. Although 

EPA is aware of these concerns, we are 

not proposing amendments related to 

these concerns at this time. We are 

seeking comments only on the proposal 

to extend the BAMM deadlines (for both 

2011 and post 2011) and to clarify that 

BAMM may be sought for unique or 

unusual (as opposed to ‘‘extreme’’) 

circumstances, including data collection 

methods that do not meet safety 

regulations, technical infeasibility and 

instances where subpart W monitoring 

requirements would conflict with 

regulations. 

EPA is also re-numbering several 

paragraphs that were incorrectly 

numbered. 40 CFR 98.234(f)(8)(iii) is redesignated as 40 CFR 98.234(f)(8)(ii)(A). 

40 CFR 98.234(f)(8)(iv) is re-designated 

as 40 CFR 98.234(f)(8)(ii)(B). 40 CFR 

98.234(f)(8)(v) is re-designated as 40 

CFR 98.234(f)(8)(ii)(C). 40 CFR 

98.234(f)(8)(v)(C) is re-designated as 40 

CFR 98.234(f)(8)(iii). 

The Administrator has determined 

that this action is subject to the 

provisions of Clean Air Act (CAA) 

section 307(d). See CAA section 

307(d)(1)(V)(the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine’’). 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. These 

amendments affect provisions in the 

rule related to best available monitoring 

methods, which is an optional provision 

and is not mandatory. Furthermore, the 

proposed amendments would 


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significantly reduce the administrative 

burden on industry by removing the 

requirement to make a formal 

application to use best available 

monitoring methods in 2011. However, 

the Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the existing regulations, 40 

CFR part 98 subpart W (75 FR 74458), 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

[2060–0651]. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. The ICR number 

for 40 CFR part 98, subpart W is 

2376.03. 

C. Regulatory Flexibility Act 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this proposed rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

Based on these proposed 

amendments, certain companies would 

be granted additional time to use 

BAMM during 2011 without being 

required to submit an application for 

approval to the Administrator. In 

addition, these proposed amendments 

increase the scope of the types of 

companies who would be granted the 

option to use BAMM in 2011 without 

being required to submit an application 

for approval to the Administrator. 

Finally, companies who choose to 

request BAMM for 2012 and beyond 

would be given additional time by 

which they would be required to submit 

their application to the EPA 

Administrator for approval. We have 

therefore concluded that these proposed 

amendments will relieve regulatory 

burden for all affected small entities. We 

continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments that might be significantly 

or uniquely affected by any regulatory 

requirements. The plan must enable 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates and must 

inform, educate, and advise small 

governments on compliance with the 

regulatory requirements. 

The proposed rule amendments do 

not contain a Federal mandate that may 

result in expenditures of $100 million or 

more for State, local, and tribal 

governments, in the aggregate, or the 

private sector in any one year. Thus, the 

proposed rule amendments are not 

subject to the requirements of section 

202 and 205 of the UMRA. This rule is 

also not subject to the requirements of 

section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

The proposed amendments will not 

impose any new requirements that are 

not currently required for 40 CFR part 

98, and the rule amendments would not 

unfairly apply to small governments. 

Therefore, this action is not subject to 

the requirements of section 203 of the 

UMRA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects 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, as specified in 

Executive Order 13132. 

These amendments apply to an 

optional provision in the final rule for 

subpart W, which applies to petroleum 

and natural gas facilities that emit 

greenhouse gases. Few, if any, State or 

local government facilities would be 

affected. This regulation also does not 

limit the power of States or localities to 

collect GHG data and/or regulate GHG 

emissions. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The proposed rule amendments 

would not result in any changes to the 

current requirements of 40 CFR part 98 

subpart W. The amendments proposed 

in this rule only apply to optional 

provisions in 40 CFR part 98 subpart W. 

Thus, Executive Order 13175 does not 

apply to this action. 

Although Executive Order 13175 does 

not apply to this action, EPA sought 

opportunities to provide information to 

Tribal governments and representatives 

during the development of the rule for 

subpart W promulgated on November 

30, 2010. A summary of the EPA’s 

consultations with Tribal officials is 

provided in Sections VIII.D and VIII.F of 

the preamble to the 2009 final rule and 

Section IV.F of the preamble to the 2010 

final rule for subpart W (75 FR 74485). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
37306 Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Proposed Rules 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment because it is a rule 

addressing information collection and 

reporting procedures. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedures, 

Greenhouse gases, Air pollution control, 

Monitoring, Reporting and 

recordkeeping requirements. 

Dated: June 20, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons discussed in the 

preamble, EPA proposes to amend 40 

CFR part 98 as follows: 

PART 98—[AMENDED] 

1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart W [Amended] 

2. Section 98.234 is amended as 

follows: 

a. By revising paragraph (f)(2) 

introductory text. 

b. By revising paragraph (f)(3) 

introductory text. 

c. By revising paragraph (f)(4) 

introductory text. 

d. By revising paragraph (f)(5). 

e. By removing and reserving 

paragraph (f)(6). 

f. By removing and reserving 

paragraph (f)(7). 

g. By revising paragraph (f)(8). 

The revisions read as follows: 

§ 98.234 Monitoring and QA/QC 

Requirements 

* * * * * 

(f) * * * 

(2) Best available monitoring methods 

for well-related emissions. During 

January 1, 2011 through December 31, 

2011, owners and operators may use 

best available monitoring methods for 

any well-related data that cannot 

reasonably be measured according to the 

monitoring and QA/QC requirements of 

this subpart. These well-related sources 

are: 

* * * * * 

(3) Best available monitoring methods 

for specified activity data. During 

January 1, 2011 through December 31, 

2011, owners or operators may use best 

available monitoring methods for 

activity data as listed below that cannot 

reasonably be obtained according to the 

monitoring and QA/QC requirements of 

this subpart. These sources are: 

* * * * * 

(4) Best available monitoring methods 

for leak detection and measurement. 

During January 1, 2011 through 

December 31, 2011, owners or operators 

may use best available monitoring 

methods for sources requiring leak 

detection and/or measurement. These 

sources include: 

* * * * * 

(5) Requests for the use of best 

available monitoring methods. (i) No 

request or approval by the 

Administrator is necessary to use best 

available monitoring methods between 

January 1, 2011 and December 31, 2011 

for the sources specified in paragraph 

(f)(2) of this section. 

(ii) No request or approval by the 

Administrator is necessary to use best 

available monitoring methods between 

January 1, 2011 and December 31, 2011 

for sources specified in paragraph (f)(3) 

of this section. 

(iii) No request or approval by the 

Administrator is necessary to use best 

available monitoring methods between 

January 1, 2011 and December 31, 2011 

for sources specified in paragraph (f)(4) 

of this section. 

(iv) No request or approval by the 

Administrator is necessary to use best 

available monitoring methods between 

January 1, 2011 and December 31, 2011 

for sources not listed in paragraph (f)(2), 

(f)(3), and (f)(4) of this section. 

(6) [Reserved] 

(7) [Reserved] 

(8) Requests for extension of the use 

of best available monitoring methods 

beyond 2011 for sources listed in 

paragraphs (f)(2), (f)(3), (f)(4), and 

(f)(5)(iv) of this section. The owner or 

operator must first provide the 

Administrator an initial electronic 

notification of intent to submit an 

extension request for use of best 

available monitoring methods beyond 

December 31, 2011 for unique or 

unusual circumstances which include 

data collection methods that do not 

meet safety regulations, a requirement 

being technically infeasible, or counter 

to other local, State, or Federal 

regulations. The owner or operator must 

follow-up this initial notification with 

an extension request containing the 

information specified in 98.234(f)(8)(ii). 

Facilities that submit both a timely 

notice of intent and extension request 

consistent with 98.234(f)(8)(ii) can 

automatically use BAMM through June 

30, 2012, for the specific parameters 

identified in their notification of intent 

and BAMM request regardless of 

whether the BAMM request is 

ultimately approved. Facilities that 

submit a notice of intent but do not 

follow up with a BAMM request by 

March 30, 2012 cannot automatically 

use BAMM after December 31, 2011. 

(i) Timing of Request. The initial 

electronic notice of intent to request 

BAMM must be submitted by December 

31, 2011. The completed extension 

request must be submitted to the 

Administrator no later than March 30, 

2012. 

(ii) Content of request. Requests must 

contain the following information: 


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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Proposed Rules 37307 

(A) A list of specific source categories 

and parameters for which the owner or 

operator is seeking use of best available 

monitoring methods. 

(B) A description of the unique or 

unusual circumstances, such as data 

collection methods that do not meet 

safety regulations, technical 

infeasibility, or specific laws or 

regulations that conflict with each 

specific source for which an owner or 

operator is requesting use of best 

available monitoring methodologies. 

(C) A detailed explanation and 

supporting documentation of how and 

when the owner or operator will receive 

the services or equipment to comply 

with all of this subpart W reporting 

requirements. 

(iii) Approval criteria. To obtain 

approval to use BAMM after June 30, 

2012, the owner or operator must 

demonstrate to the Administrator’s 

satisfaction that the owner or operator 

faces unique or unusual circumstances 

such as data collection methods that do 

not meet safety regulations, technical 

infeasibility, or legal issues rendering 

them unable to meet the requirements of 

this subpart. 

[FR Doc. 2011–16010 Filed 6–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 02–60; FCC 11–101] 

Rural Health Care Support Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) seeks comment on 

whether to make the ‘‘grandfathered’’ 

providers permanently eligible for 

discounted services under the rural 

health care program. Grandfathered 

providers do not currently qualify as 

‘‘rural,’’ but play a key role in delivering 

health care services to surrounding 

regions that do qualify as ‘‘rural’’ today. 

Thus, we take these actions to ensure 

that health care providers located in 

rural areas can continue to benefit from 

connecting with grandfathered 

providers, and thereby provide health 

care to patients in rural areas. 

DATES: Comments are due on or before 

July 27, 2011 and reply comments on or 

before August 11, 2011. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 02–60, by 

any of the following methods: 

• Federal Communications 

Commission’s Web Site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• Mail: In addition, one copy of each 

paper filing must be sent to each of the 

following: (i) the Commission’s copy 

contractor, Best Copy and Printing, Inc. 

(BCPI), Portals II, 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

(202) 488–5300 or via e-mail to 

fcc@bcpiweb.com; (ii) Chin Yoo, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

445 12th Street, SW., Room 5–A441, 

Washington, DC 20554, e-mail: 

Chin.Yoo@fcc.gov; and (iii) Charles 

Tyler, Telecommunications Access 

Policy Division, Wireline Competition 

Bureau, 445 12th Street, SW., Room 5– 

A452, Washington, DC 20554, e-mail: 

Charles.Tyler@fcc.gov. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Chin Yoo, Attorney, Wireline 

Competition Bureau, (202) 418–0295 or 

TTY: (202) 418–0484. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rulemaking (NPRM) in WC 

Docket No. 02–60, FCC 11–101, adopted 

June 20, 2011, and released June 21, 

2011. This Notice of Proposed 

Rulemaking was also released with a 

companion Order (Order). The complete 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. The document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (800) 

378–3160 or (202) 863–2893, facsimile 

(202) 863–2898, or via the Internet at 

http://www.bcpiweb.com. It is also 

available on the Commission’s Web site 

at http://www.fcc.gov. 

Pursuant to sections 1.415 and 1.419 

of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. All filings 

related to the NPRM should refer to WC 

Docket No. 02–60. Comments may be 

filed using the Commission’s Electronic 

Comment Filing System (ECFS). See 

Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121, 

May 1, 1998. 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8 a.m. to 7 p.m. All hand deliveries 

must be held together with rubber bands 

or fasteners. Any envelopes must be 

disposed of before entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

• In addition, one copy of each paper 

filing must be sent to each of the 

following: (i) The Commission’s copy 

contractor, Best Copy and Printing, Inc. 

(BCPI), Portals II, 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

(202) 488–5300 or via e-mail to 

fcc@bcpiweb.com; (ii) Chin Yoo, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

445 12th Street, SW., Room 5–A441, 

Washington, DC 20554, e-mail: 

Chin.Yoo@fcc.gov; and (iii) Charles 

Tyler, Telecommunications Access 

Policy Division, Wireline Competition 

Bureau, 445 12th Street, SW., Room 5– 

A452, Washington, DC 20554, e-mail: 

Charles.Tyler@fcc.gov. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1