[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12996-12998]
[FR Doc No: 2016-05438]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77307; File No. SR-BATS-2016-25]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Rules as Well as Certain Corporate Documents of the Exchange To
Reflect a Legal Name Change by BATS Global Markets, Inc. and the Legal
Names of Certain Subsidiaries

March 7, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 26, 2016, Bats BZX Exchange, Inc. f/k/a BATS Exchange,
Inc. (the ``Exchange'' or ``BZX'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been prepared
by the Exchange. The Exchange has designated this proposal as one being
concerned solely with the administration of the Exchange pursuant to
section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(3)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing a rule change to amend its rules as well
as certain corporate documents of the Exchange to reflect a legal name
change by the Exchange's ultimate parent entity, BATS Global Markets,
Inc. (the ``Parent'') to Bats Global Markets, Inc., and the legal names
of certain of the Parent's subsidiaries. As a result of this change,
the Exchange also proposes to amend its rules to change its name from
BATS Exchange, Inc. to Bats BZX Exchange, Inc.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange, on behalf of its Parent, recently filed to change the
Parent's legal name from ``BATS Global Markets, Inc.'' to ``Bats Global
Markets, Inc.'' \5\ For the purposes of consistency, certain of the
Parent's subsidiaries have also undertaken to change their legal names.
As a result, the Exchange also proposes to change its name from BATS
Exchange, Inc. to Bats BZX Exchange, Inc. throughout its rules and
corporate documents (collectively, with the other legal name changes
for the Parent and certain of its subsidiaries, the ``name
changes'').\6\ Therefore, the Exchange proposes to amend its: (i)
Rulebook; (ii) fee schedules applicable to its equity and options
platforms issued pursuant to Exchange Rules 15.1(a) and (c) (``Fee
Schedules''); (iii) Certificate of Incorporation (``Certificate''); and
(iv) Third Amended and Restated Bylaws of the Exchange (``Bylaws'')
(collectively, the ``Operative Documents'') to reflect the name change
and to replace all references to ``BATS'' with ``Bats''.
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    \5\ See Securities Exchange Act Release No. 77155 (February 17,
2016) (SR-BATS-2016-10).
    \6\ The Exchange initially filed the proposed fee [sic] change
on February 19, 2016 (SR-BATS-2016-21). On February 26, 2016, the
Exchange withdrew that filing and submitted this filing.
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    The Exchange proposes to replace all references to BATS with Bats
throughout the Exchange's Rulebook and Fee Schedule. The Exchange
understands that its affiliated Exchanges also intend to file similar
proposed rule changes with the Commission to amend their exchange
names.\7\ Therefore, the

Exchange proposes to amend the following rules to reflect the name
changes, including the expected filings by its affiliates to amend
their names: Rule 1.5 (Definitions), Rule 2.3 (Member Eligibility),
Rule 2.10 (Affiliation Between Exchange and a Member), Rule 2.11 (BATS
Trading, Inc. as Outbound Router), Rule 2.12 (BATS Trading, Inc. as
Inbound Router), Rule 8.15 (Imposition of Fines for Minor Violation(s)
of Rules), Rule 11.1 (Hours of Trading and Trading Days), Rule 11.8
(Obligations of Market Makers), Rule 11.9 (Orders and Modifiers), Rule
11.12 (Priority of Orders), Rule 11.13 (Order Execution and Routing),
Rule 11.14 (Trade Execution and Reporting), Rule 11.18 (Trading Halts
Due to Extraordinary Market Volatility), Rule 11.22 (Data Products),
Rule 11.23 (Auctions), Rule 11.24 (Opening Process for Non-BATS-Listed
Securities), Rule 11.26 (Usage of Data Feeds), Rule 13.8 (BATS
Connect), Rule 14.3 (General Procedures and Prerequisites for Initial
and Continued Listing on the Exchange), Rule 14.11 (Other Securities),
Rule 16.1 (Definitions), Rule 16.2 (Applicability), Rule 17.1 (Options
Participation), Rule 17.2 (Requirements for Options Participation),
Rule 17.4 (Good Standing For Options Members), Rule 18.2 (Conduct and
Compliance with the Rules), Rule 18.4 (Prevention of the Misuse of
Material Nonpublic Information), Rule 18.6 (Other Restrictions on
Members), Rule 18.7 (Position Limits), Rule 18.8 (Exemptions from
Position Limits), Rule 18.9 (Exercise Limits), Rule 18.11 (Liquidation
Positions), Rule 18.12 (Other Restrictions on Options Transactions and
Exercises), Rule 18.14 Limit on Outstanding Uncovered Short Positions),
Rule 19.1 (Designation of Securities), Rule 19.3 (Criteria for
Underlying Securities), Rule 19.4 (Withdrawal of Approval of Underlying
Securities), Rule 19.6 (Series of Options Contracts Open for Trading),
Rule 20.1 (Access to and Conduct on the BATS Options Market), Rule 20.2
(Surveillance), Rule 20.3 (Trading Halts), Rule 20.5 (Unusual Market
Conditions), Rule 20.6 (Nullification and Adjustment of Options
Transactions including Obvious Errors), Rule 20.7 (Audit Trail), Rule
20.8 (Failure to Pay Premium), Rule 21.1 (Definitions), Rule 21.2 (Days
and Hours of Business), Rule 21.3 (Units of Trading), Rule 21.4
(Meaning of Premium Quotes and Orders), Rule 21.5 (Minimum Increments),
Rule 21.7 (Market Opening Procedures), Rule 21.8 (Order Display and
Booking Process), Rule 21.9 (Order Routing), Rule 21.12 (Clearing
Member Give Up), Rule 21.13 (Submission for Clearance), Rule 21.14
(Message Traffic Mitigation), Rule 22.1 (Customer Orders and Order
Entry Firms), Rule 22.2 (Options Market Maker Registration), Rule 22.5
(Obligations of Market Makers), Rule 22.6 (Market Maker Quotations),
Rule 22.7 (Securities Accounts and Orders of Market Makers), Rule 22.8
(Letters of Guarantee), Rule 22.12 (Order Exposure Requirements), Rule
23.1 (Exercise of Options Contracts), Rule 24.2 (Reports of Uncovered
Short Positions), Rule 25.1 (Suspensions), Rule 25.2 (Contracts of
Suspended Members), Rule 25.3 (Penalty for Minor Rule Violations), Rule
26.5 (Discretionary Accounts), Rule 28.1 (General Rule), Rule 28.4
(Margin Required is Minimum), Rule 29.2 (Definitions), Rule 29.3
(Designation of a Broad-Based Index), Rule 29.4 (Dissemination of
Information), Rule 29.5 (Position Limits for Broad-Based Index
Options), Rule 29.6 (Designation of Narrow-Based and Micro-Narrow-Based
Index Options), Rule 29.7 (Position Limits for Narrow-Based and Micro-
Narrow-Based Index Options), Rule 29.8 (Exemptions from Position
Limits), Rule 29.10 (Trading Sessions), Rule 29.11 (Terms of Index
Options Contracts), and Rule 29.12 (Debit Put Spread Cash Account
Transactions). Throughout these rules, the Exchange proposes the
following changes:
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    \7\ The Exchange's affiliates are EDGA Exchange, Inc., BATS Y-
Exchange, Inc. and EDGX Exchange, Inc. The Exchange understands that
proposed rule changes are to be filed by each of its affiliates to
amend their names as follows: EDGA Exchange, Inc. would be changed
to Bats EDGA Exchange, Inc., BATS Y-Exchange, Inc. would be amended
to Bats BYX Exchange, Inc., and EDGX Exchange, Inc. would be amended
to Bats EDGX Exchange, Inc.
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     All references to ``BATS Exchange'', ``BATS EXCHANGE'' and
``BATS EXCHANGE, INC.'' are proposed to be changed to ``Bats BZX
Exchange, Inc.'';
     All references to ``BATS'' are proposed to be changed to
``Bats'' or ``Exchange'';
     All references to ``BATS Y-Exchange, Inc.'' are proposed
to be changed to ``Bats BYX Exchange, Inc.'';
     All references to ``EDGX Exchange, Inc.'' are proposed to
be changed to ``Bats EDGX Exchange, Inc.'';
     All references to ``EDGA Exchange, Inc.'' are proposed to
be changed to ``Bats EDGA Exchange, Inc.'';
     All references to ``BATS Options'' are proposed to be
changed to ``BZX Options''.
     All references to ``BATS Book'', ``BATS market orders'',
``BATS Post Only Orders'', ``BATS Only Orders'', and ``BATS-listed
securities'' are proposed to be changed to ``BZX Book'', ``BZX market
orders'', ``BZX Post Only Orders'', ``BZX Only Orders'', and ``BZX-
listed securities'', respectively.\8\
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    \8\ The Exchange notes that ``BATS'' is synonymous with ``BZX''.
For example, Rule 11.22(k) is titled ``BZX Book Viewer'' and
described a market data product offered by the Exchange. In
addition, the Fee Schedule also includes BZX in the title of the
Exchange's market data products. The Exchange does not propose to
amend the names of these products.
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    In addition to these changes, the Exchange proposes to modify its
Fee Schedules to reflect the name change of the Exchange to Bats BZX
Exchange \9\ and to change all references to ``BATS'' to instead refer
to ``Bats''. The Exchange also proposes on its Fee Schedule to refer to
its affiliate, Bats BYX Exchange, Inc. (as proposed to be re-named),
simply as ``BYX''. The Exchange believes that this is more consistent
with other references on the Fee Schedule, such as the general
references to ``EDGA'', which refer to the Exchange's affiliate, Bats
EDGA Exchange, Inc. (as proposed to be re-named). Finally, the Exchange
proposes to replace the term ``Non-BATS Market Maker'' with ``Away
Market Maker'' (rather than changing the capitalization of ``Non-BATS''
to ``Non-Bats''), which is consistent with the terminology used on the
fee schedule of EDGX Options, which is the options platform operated by
Bats EDGX Exchange, Inc. (as proposed to be renamed).\10\
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    \9\ The Exchange notes that the Exchange will continue to be
referred to as ``BZX'' in certain areas of the Fee Schedules. These
areas of the Fee Schedules are: (i) The Fee Codes and Associated
Fees table; (ii) footnote 6; (ii) footnote 7; (iii) the Bats Connect
pricing table; and (iv) in the Unicast Access--Order Entry section
of its Fee Schedule.
    \10\ See EDGX Options fee schedule, available at: http://www.batsoptions.com/support/fee_schedule/edgx/.
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    The Exchange also proposes to amend Article First of the
Certificate to change the name of the Exchange to Bats BZX Exchange,
Inc. and make conforming changes throughout, including the title of the
Certificate. The Exchange proposes to amend the Bylaws to amend the
title to reflect that the Bylaws will be titled the ``FOURTH AMENDED
AND RESTATED BYLAWS OF BATS BZX EXCHANGE, INC.'' The Exchange also
proposes to amend Article I, paragraph (f) and Article XI, section 2 to
reflect the name changes.
    The name change from BATS Exchange, Inc. to Bats BZX Exchange, Inc.
is a non-substantive change. No changes to the ownership or structure
of the Exchange or BATS Global Markets, Inc. have taken place.
2. Statutory Basis

    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\11\ in general, and furthers the objectives of section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. The Exchange also believes that the proposed rule change is
consistent with section 6(b)(1) of the Act \13\ in that it is designed
to continue to ensure that the Exchange is so organized and has the
capacity to carry out the purposes of Act and to comply, and enforce
compliance by its members with the provisions of the Act and the rules
and regulations thereunder, and rules of the Exchange. The Exchange is
proposing amendments to the Operative Documents to effectuate its name
change to Bats BZX Exchange, Inc. and to reflect the name changes of
its affiliates. These changes are limited to capitalization and
ministerial name changes and to reflect similar proposed rule changes
to be submitted to the Commission by the Exchange's affiliates. The
Exchange believes that the changes will protect investors and the
public interest by eliminating confusion that may exist because of
differences between its corporate name and the new naming conventions
of the Parent and its subsidiaries, including the Exchange.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Because the rule change proposes ministerial changes related to the
administration, and not the governance or operation, of the Exchange,
the Exchange does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because it is concerned solely with the administration of the
Exchange, the foregoing proposed rule change has become effective
pursuant to section 19(b)(3)(A)(iii) of the Ac \14\ and Rule 19b-
4(f)(3) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(3).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2016-25 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BATS-2016-25. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BATS-2016-25, and should be
submitted on or before April 1, 2016.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05438 Filed 3-10-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44384-44386]
[FR Doc No: 2015-18320]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

T[Uuml]V S[Uuml]D America, Inc.: Grant of Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for T[Uuml]V S[Uuml]D America, Inc., as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
July 27, 2015.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110; email<EMAIL_ADDRESS>OSHA's Web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of T[Uuml]V S[Uuml]D America, Inc. (TUVAM), as an NRTL.
TUVAM's expansion covers the addition of one test standard to its scope
of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The Agency processes applications by an NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages are
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM submitted an application, dated October 6, 2014 (OSHA-2007-
0043-0011, Exhibit 15-1--TUVAM Expansion Letter), to expand its
recognition to include two additional test standards. In response for
requests for additional information from NRTL staff, TUVAM withdrew one
of the proposed test standards, reducing their request for expansion to
one test standard. OSHA staff performed a comparability analysis and
reviewed other pertinent information. OSHA did not perform any on-site
reviews in relation to this application.
    OSHA published the preliminary notice announcing TUVAM's expansion
application in the Federal Register on May 6, 2015 (80 FR 26096). The
Agency requested comments by May 21, 2015, but it received no comments
in response to this notice. OSHA now is proceeding with this final
notice to grant expansion of TUVAM's scope of recognition.
    To obtain or review copies of all public documents pertaining to
TUVAM's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC
20210. Docket No. OSHA-2007-0043 contains all materials in the record
concerning TUVAM's recognition.

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, its capability
to meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that
TUVAM meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant TUVAM's
scope of recognition expansion. OSHA limits the expansion of TUVAM's
recognition to testing and certification of products for demonstration
of conformance to the test standard listed in Table 1 below.

 Table 1--Appropriate Test Standard for Inclusion in TUVAM's NRTL Scope
                             of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 8750...............................  Light Emitting Diode (LED)
                                         Equipment for Use in Lighting.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standard listed above as an American National Standard. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
TUVAM must abide by the following conditions of the recognition:
    1. TUVAM must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
    2. TUVAM must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. TUVAM must continue to meet the requirements for recognition,
including all previously published conditions on TUVAM's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of TUVAM, subject to the limitation and conditions
specified above.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 22, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-18320 Filed 7-24-15; 8:45 am]
BILLING CODE 4510-26-P


MEMORANDUM

FROM:	Akachi Imegwu, U.S. EPA, Climate Change Division

TO:	Docket EPA-HQ-OAR-2011-0147

DATE:		 May 7, 2012

SUBJECT:	Summary of comments on Subpart W of the final Mandatory
            Reporting of Greenhouse Gases Rule (40 CFR Part 98) after promulgation that are addressed in the proposed rule action: 2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Proposed Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category
--------------------------------------------------------------------------------

1.0	INTRODUCTION

      The 2010 final rule for Subpart W of the Greenhouse Gas Reporting Rule (Subpart W) was signed by EPA Administrator Lisa Jackson on November 8, 2010 and published in the Federal Register on November 30, 2010 (75 FR 74458).  The 2010 final rule, which became effective on December 31, 2010, included reporting of GHGs from facilities containing petroleum and natural gas systems.  The rule does not require control of GHGs, rather it only requires that facilities containing petroleum and natural gas systems with emissions sources above certain threshold levels monitor and report emissions and other related data.
      Since promulgation of the final rule in November 2010, EPA proposed the "Technical Corrections, Clarifying and Other Amendments to Certain Provisions of the Mandatory Greenhouse Gas Reporting Rule" on August 4, 2011 (76 FR 47392) and the "Technical Revisions and Clarifications to Subpart A, Subpart I, and Subpart W" on September 9, 2011 (76 FR 56010).  Stakeholders were given the opportunity to comment on these proposed rules. As a result of those comments, EPA made technical and editorial revisions to specific provisions in Subpart W that were finalized on December 23, 2011 (76 FR 80554).  In addition, the Administrator has identified within Subpart W a number of technical issues that need to be revised and specific provisions that need to be clarified.
      The purpose of this memorandum is to summarize specific comments received from hotline questions or meetings with affected industry members, and outline the issues being addressed by these proposed amendments.

2.0	SUMMARY OF COMMENTS ADDRESSED BY PROPOSED AMENDMENTS

      EPA received questions related to implementation of the December 23, 2011 final rule through the EPA Hotline and through meetings with affected industry members.   Several questions have resulted in amendments to specific provisions in Subpart W in order to provide more clarity and to correct errors. The EPA has also held meetings with several trade associations representing industries affected by Part 98, and many questions were presented by those trade associations that would be resolved through the amendments to Subpart W.
       For a summary of the submitted comments which are being addressed by technical revisions to Subpart W, please see the following table, "Summary of Comments Being Resolved By Technical Corrections, Clarifying and Other Amendments."  All identifying information from the incoming questions has been removed from the table.

                                Technical Issue
                          Questions Submitted to EPA
                   Type and approximate number of submittals
                                  Reference
   1.    Amend Equation W-6 in 98.233(e)(5) by removing a factor of 1000 to leave the calculated emissions in cubic feet rather than convert it to Mcf
Question:  This question relates to Subpart W, equation W-6 for desiccant dehydrators.

Based on the units of the equation variables, the resulting units for the equation should be Mcf/year (thousand cubic feet per year).

However, the rule states that the resulting units are "Es,n = Annual natural gas emissions at standard conditions in cubic feet." I.e., cf/year (cubic feet per year).

Please address this error.
At least 1 individual
Helpdesk submission
   2.    Amend 98.233(g)(1) to voluntarily allow reporters to take more than the prescribed number of sample measurements per sub-basin and well type by inserting the phrase "at least" in the rule text.
Question:  98.233(g)(1) prescribes a graduated number of measurements or calculations per sub-basin and well type (horizontal or vertical) depending on the total number of completions or workovers - with the maximum required measurements or calculations prescribed as 5. Would it be acceptable for a company to record the data necessary for the calculations or take a measurement for each completion/workover within a given sub-basin well type combination (e.g. have greater than 5 measurements or calculations). [which would result in more accurate reporting of emissions] If so, would the data from each event be used in the emissions estimation or would the company be required to select only the specified number of values for emission estimation purposes?
At least 1 individual
Helpdesk submission
   3.    Revise Equation W-15 to clarify that "Count" refers to those separators or wells that feed oil directly to storage tanks.
Question:  Equation W-15. This equation does not differentiate between high pressure and low pressure separators and whether or not a separator feeds directly to a storage tank or to an additional separator. Do you need to count all separators or only those that feed liquids to a tank at atmospheric pressure (where gas can flash)?
It seems that Equation W-15 would be more accurate if the definition of 'Count' were changed to 'Total number of separators dumping liquids to storage tanks and wells with throughput less than 10 barrels per day.' This would prevent over-counting of emissions that do not flash from separators feeding to other separators.
At least 1 individual
Helpdesk submission
   4.    Revise Equation W-36 to revise the definition of parameter "ρi" to amend the density value of CH4 to be 0.0192 kg/ft[3]
There appears to be an error in the CH4 density defined for Equation W-36 in 40 CFR 98 Subpart W of the 12/2/11 pre-publication version of the final rule. I think it should be 0.0191 kg CH4/ft^3 at 60°F and 14.7 psia, while the 12/2/11 version of the rule shows 0.0422 kg CH4/ft^3 at 60°F and 14.7 psia. It appears that EPA forgot to convert the density from units of lb/ft^3 to kg/ft^3. Using the incorrect value in the rule misestimates CH4 emissions by 2.2 times too high. Do you plan to correct this in the rule? If so, when will you do that? If not, may I use the correct CH4 density at 60°F and 14.7 psia (0.0191 kg CH4/ft^3) instead of the value of 0.0422 kg CH4/ft^3 at 60°F and 14.7 psia that is in the 12/2/11 version of the rule? For background, my CH4, CO2, and N2O density calculations are provided below. Thanks for your help.
Ideal gas law: PV = nRT, or PV = (m/MWT) RT
For CH4:
(14.7 psia) x (V ft^3) = (m lb/16 lb/lbmole) x (10.73 psia-ft^3/lbmole-°R) x (60°F+459.67°R)
m/v = CH4 density = 0.0422 lb/ft^3 = 0.0191 kg/ft^3 (compared to 0.0422 kg/ft^3 in Equation W-36 of the 12/2/11 pre-publication version of Subpart W)
For CO2 and N2O:
(14.7 psia) x (V ft^3) = (m lb/44 lb/lbmole) x (10.73 psia-ft^3/lbmole-°R) x (60°F+459.67°R)
m/v = CO2, N2O density = 0.1160 lb/ft^3 = 0.0526 kg/ft^3 (compared to 0.0526 kg/ft^3 in Equation W-36 of the 12/2/11 pre-publication version of Subpart W)
At least 1 individual
Helpdesk Submission
   5.    Revise Equation W-39A to replace the parameter "ECO2" with "Ea,CO2".
Question:  [The questioner] was reviewing the GHG reporting rules (40 CFR Part 98), and found a few minor errors.
§98.233(z)(2)(iii) definitions for Eq. W-39A and W-39B:
 change "ECO2" to "Ea,CO2" {variable in equation and definition should match}.
At least 1 individual
Helpdesk submission
   6.    Revise 98.236(c)(9) by removing the text, "using optical gas imaging instrument per 98.234(a)(refer to §98.233(k)), or acoustic leak detections of"
Question: The rule is not clear with respect to 98.234(a)(5) - Does an acoustic leak detection device have to be used to detect through-valve leakage or are any of the options in 98.234(a)(1-5) acceptable for making such determinations?

Response: Acoustic leak detection devices can specifically be used for through-valve leakage. However, as per the opening paragraph in 98.234(a), any methods listed under 98.234(a) can be used to determine through-valve leakages.
At least 1 individual
Helpdesk submission
   7.    Revise 98.236.c15(ii)(A), by removing (a)(8) from the list of source categories
Question:  In 98.236.c15.ii.A, EPA added (a)(8) to the list of source categories but did not add the corresponding Table W-7 with distribution emission factors. Why did EPA add distribution to the list and not add the table? NMGC asked this question in October 24, 2011 comments but we do not see a response to this comment in the response to comments.

Response:  EPA agrees that W-7 should be referenced in 98.236 (c)(15)(ii)(A), and has taken note of this. Thank you for alerting EPA to this issue; we are considering options to address this.
At least 1 individual
Helpdesk submission
   8.    Update Table W-1A to reflect updates to Population Emission Factors
Question:  I am writing to request confirmation of the emission factors published in the "Federal Register /Vol. 76, No. 247 / Friday, December 23, 2011 /Rules and Regulations, TABLE A-1A OF SUBPART W-DEFAULT WHOLE GAS EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS PRODUCTION, pages 80591 and 80592.

Specifically, the emission factors published in the table for "Eastern US - Population Emission Factors, All Components - Gas Service" and "Western US - Population Emission Factors, All Components - Gas Service" for valves, connectors, open-ended lines, and pressure relief valves, have increased by almost 24 times the emission factors published in the previous versions of the rule ("Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010, page 74512"). For example:

TABLE A-1A OF SUBPART W-DEFAULT WHOLE GAS EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS PRODUCTION - Western US (scf/hour/component)
Valves:
Federal Register, November 30th, 2010 - 0.123 scf/hr/component
Federal Register, December 23rd, 2011- 2.90 scf/hr/component
Connector:
Federal Register, November 30th, 2010 - 0.017 scf/hr/component
Federal Register, December 23rd, 2011- 0.396 scf/hr/component
Open-ended line:
Federal Register, November 30th, 2010 - 0.032 scf/hr/component
Federal Register, December 23rd, 2011- 0.748 scf/hr/component

Please provide a basis or explanation for this large increase in the emission factor. I was not able to locate an explanation for this change in the Technical Support Documentation or Response to Comments

Response: Thank you for pointing out the issue with the emission factors listed in Table W-1A.
At least 1 individual
Helpdesk submission

3.0	SUMMARY OF ISSUES FROM INTERNAL REVIEW LINKED TO PROPOSED AMENDMENTS

As mentioned above, not all of the corrections and other amendments correspond directly to questions that were raised by reporters.  The need for some corrections and other amendments were identified as a result of internal EPA review.  The following is a list of the issues being raised from EPA's  review of Subpart W of Part 98. These issues are listed in the proposed rule " 2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Proposed confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category."

Summary of Issues from Internal Review Being Addressed by Proposed Amendments

Not all corrections and other amendments correspond directly to questions that were raised by reporters.  The need for some corrections and other amendments were identified as a result of internal EPA review.  Below is a summary of the issues that have been raised from the EPA's review of Subpart W of Part 98.

Changes to 98.233
   * Amend Equation W-7 by changing the parameter FRp to FR and clarifying that Tp is cumulative amount of time in hours for venting.
   * Amend Equation W-8 by revising the definition of parameter SPp to clarify that it is a ratio of casing to tubing pressure.
   * Amend Equation W-9 by revising the definition of parameter W to clarify that it is the number of wells with plunger lift assist.
   * Amend Equations W-8 and W-9 by replacing the subscript "q" with "p" in SFR to match the definition of SFRp and clarifying terms Vp and HRp,q are to be monitored per unloading event.
   * Clarify that appropriate volumetric parameters in Equation W-10A, namely FRMs, PRs,p, EnFs,p, and SGs,p, are at standard conditions.
   * Clarify that Equation W-10B parameter FVs,p and EnFs,p are at standard conditions.
   * Amend 98.233(f)(1) to voluntarily allow for reporters to take more than prescribed number of samples by inserting the phrase "at least" in the rule text.
   * Amend Equation W-11A and W-11B to insert the word "actual" in the definition of FR and add subscript "a".  Clarify the definition of "A" to state "Cross sectional open area of the restriction orifice (m[2])".
   * Clarify Equation W-12 that the relevant volumetric parameters, namely FRMs, FRs,p, and PRs,p, are at standard conditions. Adding a reference to 98.233 (t) in FRs,p to convert FRa to standard conditions. Renaming the parameter W to N and changed its definition to make it applicable to each measured or calculated well completion or workovers.Clarify Equation W-13 that the output of the equation is the sum of emissions from all completions and workers without hydraulic fracturing within a sub-basin by removing the word "a" in front of "gas well venting".
   * Amend parameter Es,N to Es,n in Equations W-14A and revised Ta to Ta,p in Equation W-14B.
   * Revise 98.233(j)(5) paragraph description language to clarify that the 10 barrels per day floor is the annual average daily throughput.
   * Revise Equation W-15 to clarify the description of 1000.
   * Revise Equation W-17B to revise the definition of PR to clarify actual and not standard conditions.
   * Remove and reserve 98.233(n)(7) to harmonize language with reporting requirements in 98.236 and remove an undesired calculation.
   * Remove the summation operator in Equation W-23 and W-27.
   * Added limits to the summation operator in Equation W-24 and Equation W-28.
   * Revise Equation W-25 to revise the definition of parameter EFi by deleting the term "thousand".
   * Amend reference to Table 1-A to Table W-1A in paragraph 98.233 (r)(2).
   * Revise 98.233 (r)(6)(ii) to revise the term "meter or regulator" with "meter/regulator".
   * Revise 98.233(t) to clarify that results need not be converted to standard conditions if they already reflect standard conditions.
   * Revise [9]8.233(z)(2)(vi) to reflect the correct means of referring to HHV.

Changes to 98.236
   * Amend 98.236 (c)(5)(ii)(D) by making it the average internal casing diameter for all wells instead of each well.
   * Amend 98.236 (c)(13)(iii)(C) by correcting the units to metric tons CO2e for each gas.
   * Amend 98.236(c)(15)(i)(B) by updating the incorrect reference to Equation W-30 to read Equation W-30A.
   * Amend 98.236(c)(15)(i)(C) by updating the incorrect reference to Equation W-30 to read Equation W-30A.
   * Amend 98.236(c)(15)(i)(C), EPA by deleting the unnecessary reference to parameter GHGi.
   * Amend 98.236(c)(17)(v) by removing CH4 and make the reporting requirement only applicable to CO2 emissions.

Changes to Emission Factor Tables
   * Revise the incorrect title of Table W-1A of subpart W by deleting "TABLE A-1A" and updating it to "TABLE W-1A".
   * Revise the emission factors in Table W-1A to reflect standard temperature and pressure using the correct version from the November 2010 rule and to reflect Population Emission Factors for Western U.S.
   * Revise the pneumatic device emission factors for the Western U.S. in Table W-1A to reflect the same changes that were made to pneumatic device emission factors in the Eastern U.S.
   * Amend Table W-5 to provide the cross-reference for footnote 2 by adding the reference to Vapor Recovery Compressor.


[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Notices]
[Page 32581]
[FR Doc No: 2015-14020]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4216-DR; Docket ID FEMA-2015-0002]

Kentucky; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4216-DR), dated April 30, 2015,
and related determinations.

DATES: Effective Date: June 2, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of April 30, 2015.

    Ballard and Wayne Counties for Public Assistance.
    Ballard County for snow assistance under the Public Assistance
program for any continuous 48-hour period during or proximate the
incident period.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-14020 Filed 6-8-15; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Proposed Rules]
[Pages 65148-65149]
[FR Doc No: 2023-20440]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================

Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178, 179, 180

[Docket No. PHMSA-2019-0031 (HM-265A)]
RIN 2137-AF47

Hazardous Materials: Modernizing Regulations To Improve Safety
and Efficiency; Extension of Comment Period

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Advance notice of proposed rulemaking; Extension of comment
period.

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

SUMMARY: On July 5, 2023, PHMSA published an advance notice of proposed
rulemaking, titled ``Hazardous Materials: Modernizing Regulations to
Improve Safety and Efficiency (HM-265A),'' seeking comment of 46 topics
related to modernizing the hazardous materials regulations to increase
efficiency while maintaining and improving safety. In response to a
request for an extension of the comment period submitted by the
American Short Line and Regional Railroad Association, PHMSA is
extending the comment period for the HM-265A notice for an additional
60 days. Comments to the HM-265A notice will now be due by December 4,
2023.

DATES: The comment period for the proposed rule published July 5, 2023,
at 88 FR 43016, is extended. Comments should be received on or before
December 4, 2023. To the extent possible, PHMSA will consider late-
filed comments.

ADDRESSES: Comments should reference Docket No. PHMSA-2019-0031 (HM-
265A) and may be submitted in the following ways:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Dockets Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: To the Docket Management System: Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except federal holidays.
    Instructions: All submissions must include the Agency name and
Docket Number (PHMSA-2019-0031) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
    Docket: For access to the dockets to read associated documents or
comments received, go to https://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its process. DOT posts these
comments without change, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and treated as private by its owner. Under the Freedom of
Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this ANPRM contain
commercial or financial information that is customarily treated as
private, that you treat as private, and that is relevant or responsive
to this ANPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN'' for ``proprietary information.'' Submissions
containing CBI should be sent to Eamonn Patrick, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Any commentary that PHMSA receives that is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Eamonn Patrick, Standards and
Rulemaking Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 5, 2023, PHMSA published the HM-265A advance notice of
proposed rulemaking (ANPRM) \1\ which seeks comment on 46 topics
related to modernizing the requirements of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171 through180) to increase efficiency
while maintaining or improving the safety of hazardous materials
transportation.
---------------------------------------------------------------------------

    \1\ 88 FR 43016.
---------------------------------------------------------------------------

II. Comment Period Extension

    PHMSA initially provided a 90-day comment period for the HM-265A
ANPRM, which closes on October 3, 2023. In response to a request to
extend the comment period from the American Short Line and Regional
Railroad Association (ASLRRA),\2\ PHMSA is extending the comment period
for an additional 60 days. ASLRRA requested the extension to allow for
additional time to gather feedback on the numerous topics addressed in
the ANPRM from its member railroads, the majority of which are small
businesses. The comment period will now close on December 4, 2023. This
extension provides the public with an additional 60 days and should
provide adequate opportunity for the public and stakeholders to submit
comments; however, PHMSA may, at its discretion, extend the comment
period further if necessary. To the extent possible, PHMSA will also
consider late-filed comments.
---------------------------------------------------------------------------

    \2\ ASLRRA's comment may be reviewed at: https://www.regulations.gov/comment/PHMSA-2019-0031-0011.

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

    Issued in Washington, DC, on September 15, 2023, under authority
delegated in 49 CFR part 1.97.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2023-20440 Filed 9-20-23; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58265-58266]
[FR Doc No: 2023-18389]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0404; FRL-11284-01-OCSPP]

Ortho-Phthalaldehyde; Receipt of Application for Emergency
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the
National Aeronautics and Space Administration (NASA) to use the
pesticide ortho-phthalaldehyde (OPA, CAS No. 643-79-8) to treat the
coolant fluid of the internal active thermal control system of the
International Space Station to control aerobic/microaerophilic bacteria
in the aqueous coolant. The applicant proposes the use of a new
chemical which has not been registered by EPA. Therefore, in accordance
with the Code of Federal Regulations, EPA is soliciting public comment
before making the

decision whether to grant the exemption.

DATES: Comments must be received on or before September 11, 2023.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0404, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are a
pesticide manufacturer, North American Industrial Classification System
(NAICS) (Code 32532) or involved with the International Space Station.
This listing is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Other types of entities not listed could also be affected.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the EPA Administrator determines that emergency
conditions exist which require the exemption. NASA has requested the
EPA Administrator to issue a specific exemption for the use of ortho-
phthalaldehyde (OPA) in the coolant of the internal active thermal
control system (IATCS) of the International Space Station (ISS) to
control aerobic/microaerophilic bacteria in the aqueous coolant.
Information in accordance with 40 CFR part 166 was submitted as part of
this request.
    As part of this request, the applicant asserted that it has
considered the registered biocide alternatives and has concluded that
OPA is the most effective biocide that meets the requisite criteria
including: The need for safe, non-intrusive implementation and
operation in a functioning system; the ability to control existing
planktonic and biofilm-residing micro-organisms; a negligible impact on
system wetted materials of construction; and a negligible reactivity
with existing coolant additives. The ISS would not have an adequate
long-term solution for controlling the micro-organisms in the IATCS
coolant without the use of OPA. The OPA is incorporated into a porous
resin material contained in a stainless-steel canister. The canister
containing the OPA-incorporated resin is inserted into a coolant system
loop, using flexible hose and quick disconnects and is placed in line
for 8 hours to deliver the OPA into the fluid. As the coolant fluid
flows through the cannister, the OPA elutes from the resin material
into the coolant fluid. The total volume of the circulatory loops of
the IATCS is 829 liters. The maximum concentration would be 350
milligrams (mg) of OPA per liter of coolant fluid. A total of 290,150
mg would be needed for the entire system. The OPA is incorporated into
the resin at 210 mg OPA per cm\3\ resin, resulting in a potential total
use of 1,382 cm\3\ of the OPA-containing resin. The level of OPA in the
coolant is monitored periodically, and because OPA degrades over time,
the concentration decreases to a level that is no longer effective in
about 1 to 2 years. At this point, replenishment with new OPA-
containing canisters is required. EPA has authorized similar emergency
exemptions for this use since 2011. With the decision to extend the
mission of the ISS to 2030, the need for this use is expected to
continue for the duration of the program.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing FIFRA section 18 require
publication of a notice of receipt of an application for a specific
exemption proposing the use of a new chemical (i.e., an active
ingredient) which has not been registered by EPA.
    The notice provides an opportunity for public comment on the
application. The Agency will review and consider all comments received
during the comment period in determining whether to issue the specific
exemption requested by the NASA.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 21, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-18389 Filed 8-24-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Notices]
[Page 10580-10581]
[DOCID:fr25fe11-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. PR11-88-000]

American Midstream (Louisiana Intrastate), LLC; Notice of Filing

    Take notice that on February 15, 2011, American Midstream
(Louisiana Intrastate), LLC filed to revise its Statement of Operating
Conditions to provide for a new Fuel Retention calculation as more
fully described in the filing.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Friday, February 25, 2011.

    Dated: February 17, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-4261 Filed 2-24-11; 8:45 am]
BILLING CODE 6717-01-P


Memorandum for the Record

Date:  		May 19, 2009

From:  	Richard Ewell

	 	Attorney

		Office of the Solicitor, OSH Division

Re:	Incorporation of Entire Subpart V Rulemaking Record Into the Cranes
and Derricks in Construction Rulemaking Record.

OSHA held a hearing on the proposed rules for Cranes and Derricks in
Construction on March 17-20, 2009.  During the hearing, Mr. Stephen
Yohay, Esq., of the law firm of Ogletree Deakins, testifying on behalf
of the Edison Electric Institute, stated that he was incorporating by
reference into the record of the Cranes and Derricks in Construction
rulemaking the entire rulemaking record for a separate rulemaking,
Electric Power Generation, Transmission, And Distribution; Electrical
Protective Equipment, commonly referred to as the “Subpart V”
rulemaking.  See March 17 Hearing Transcript, pg. 25, lines 6-12
(OSHA-2007-0066-0341).

This memorandum is added to the docket to clarify the location of the
Subpart V rulemaking.  The Subpart V rulemaking record is available at
www.regulations.gov under OSHA Docket S215-2006-0063.  To ensure
adequate notice in light of the ongoing nature of the Subpart V
rulemaking, only that portion of the Subpart V record that existed as of
March 17, 2009, should be considered to be incorporated by reference
into the docket for the Cranes and Derricks in Constructions rulemaking
(OSHA-2007-0066).

For the convenience of readers, two documents from the Subpart V
rulemaking record are attached.

(1)  OSHA-S215-2006-0063-0095  ELECTRIC POWER GENERATION, TRANSMISSION,
AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT. PROPOSED RULE.

(2)  OSHA-S215-2006-0063-0080   REVISED FINAL REPORT - ANALYTICAL
SUPPORT AND DATA GATHERING FRO A PRELIMINARY ECONOMIC ANALYSIS FOR
PROPOSED STANDARDS FOR WORK ON ELECTRIC POWER GENERATION, TRANSMISSION,
AND DISTRIBUTION LINES AND EQUIPMENT (29 CFR 1910.269 AND 29 CFR
1926-SUBPART V)


[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32963-32966]
[FR Doc No: 2015-14125]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1533]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Establishment of a
Tobacco User Panel

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July
10, 2015.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-NEW and
title ``Establishment of a Tobacco User Panel''. Also include the FDA
docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Establishment of a Tobacco User Panel--(OMB Control Number 0910-NEW)

    The Food and Drug Administration's Center for Tobacco Products
(CTP) proposes to establish a high quality, probability-based,
primarily Web-based, panel of 4,000 tobacco users. The panel will
include individuals who can participate in up to 8 studies over a 3-
year period to assess consumers' responses to tobacco marketing,
warning statements, product labels, and other communications about
tobacco products. CTP proposed the establishment of the panel of
consumers

because currently existing Web-based panels have a number of
significant limitations.
    First, most existing consumer panels are drawn from convenience
samples that limit the generalizability of study findings (Ref. 1).
Second, although at least two probability-based panels of consumers
exist in the United States, there is a concern that responses to the
studies using tobacco users in these panels may be biased due to panel
conditioning effects (Refs. 2 and 3). That is, consumers in these
panels complete surveys so frequently that their responses may not
adequately represent the population as a whole. Panel conditioning has
been associated with repeated measurement on the same topic (Ref. 4),
panel tenure (Ref. 2), and frequency of the survey request (Ref. 3).
This issue is of particular concern for tobacco users who represent a
minority of the members in the panels, and so may be more likely to be
selected for participation in experiments and/or surveys related to
tobacco products. Third, a key benefit of the Web panel approach is
that the surveys can include multimedia, such as images of tobacco
product packages, tobacco advertising, new and existing warning
statements and labels, and potential reduced harm claims in the form of
labels and print advertisements. Establishing a primarily Web-based
panel of tobacco users through in-person probability-based recruitment
of eligible adults and limiting the number of times individuals
participate in tobacco-related studies will result in nationally
representative and unbiased data collection on matters of importance
for FDA.
    With this submission, FDA seeks approval from OMB to establish the
Tobacco User Panel, a nationally representative, primarily Web-based
panel of 4,000 current tobacco users. Data collection activities will
involve pilot testing of panel recruitment and management procedures
and systems, mail and in-person household screening, in-person
recruitment of tobacco users, enrollment of selected household members,
administration of a baseline survey, and panel maintenance surveys,
following all required informed consent procedures for panel members.
Once the panel is established, panel members will be asked to
participate in up to eight experimental and observational studies over
the 3-year panel commitment period. The first of these studies (Study
1) is included in this information collection request; approval for the
remainder of the studies will appear in future requests. The current
request also seeks approval to conduct up to two rounds of cognitive
testing of new survey items and up to two focus groups to further
refine study protocols, as needed. With this clearance, study
investigators will be able to use the OMB approved data collection
methods where appropriate to plan and implement the national panel.
    The overall purpose of the proposed data collection is to collect
information from a representative sample of tobacco users to provide
data that may be used to develop and support FDA's policies related to
tobacco products, including their labels, labeling, and advertising.
Data will be collected from the panel primarily through the use of
randomized experimental designs, however, there may be data collected
through the use of other methods, such as surveys, interviews, or
online group discussions. Given the limitations on the existing Web-
based panels, it is important to develop a new panel of tobacco users
that balances the need to conduct experiments while limiting the number
of tobacco-related studies per year so as to not bias study results.
    FDA estimates the burden of this collection of information as
follows:
    In the Federal Register of October 16, 2014 (79 FR 62160), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received three comments, however only
two were PRA related. Within those submissions, FDA received multiple
comments which the Agency has addressed.
    (Comment) One comment asked FDA for the opportunity to review the
data collection plans and instruments including the sample design, data
collection methodology, and panel performance evaluation plan.
    (Response) All the instruments and background documents including
our plan for evaluating panel performance have been uploaded to the
docket for easy access. The documents included are the data collection
plans and methodology (Supporting Statement Part A), copies of the
survey instruments used to screen and recruit panel members, as well as
the first experimental or observation study (Study 1), and the proposed
sample design (Supporting Statement Part B).
    (Comment) One comment asked FDA to provide additional details about
the proposed sample design and FDA's approach to issues such as
nonresponse of subjects and conditioning effects.
    (Response) The proposed sample design is described in detail in
Supporting Statement, Part B. Briefly, we propose a multi-stage area
sample based on an address-based sampling frame. The probabilities
(single, joint, and the overall selection probability) will be
measurable at each stage.
    The issues of non-response and conditioning effects are real
challenges but they should be considered separately from the sample
design. These are issues faced in the field once the sample has been
selected and contacted. We have proposed several strategies for
reducing non-response in the recruitment of panel members, the primary
one being in-person recruitment which we believe will lead to
significantly larger recruitment rates than we would achieve if we
contacted sample members via mail, telephone, or web. We will describe
our plans to reduce the non-response bias in future individual studies
as part of the OMB submissions for these studies. We consider the issue
of conditioning effects as part of our overall panel management plan,
which is described in Supporting Statement, Part A.
    (Comment) One comment stated that FDA suggests that not every
panelist will be eligible to participate in every study to minimize the
potential for ``conditioning'' effects. However, this approach to
participation is inconsistent with the requirement that every
individual in the population has a non-zero probability of being in the
sample. FDA will need to make trade-offs to balance these two
interests. FDA could consider drawing data from similar respondents, as
long as FDA knows that there are no important hidden differences
between the respondents that may affect their responses.
    (Response) We will draw the original sample with known, non-zero,
and, to the extent possible, equal probabilities. The same will apply
to any additional samples drawn for the panel to replace attrition.
Furthermore, any subsample drawn from the panel for specific studies
will also result in known probabilities of selection. We will derive a
strategy of spreading the survey-taking load over all panel members to
avoid excessive burden on any single member or group of members. We
will implement this strategy by randomly selecting each subsample, but
at the same time keeping track of each member's survey-taking activity.
As the number and frequency of survey-taking for a given member
increases, their probability of selection will decrease, a strategy
that we will implement using probability proportion to size sampling.
This strategy will lead to known and measurable selection probabilities
for each specific subsample.
    (Comment) One comment stated FDA should consider, whether in some
instances, collecting fresh data from

new samples of tobacco product users over time may provide better
results.
    (Response) Our proposed approach includes replenishment of the
sample over time to address attrition from the panel. As such, the
panel will include tobacco users with varying tenure lengths on the
panel. We will be in a position to restrict a specific study subsample
to the more recent panel members, if desired, and more generally, the
panel will allow FDA to specify the composition of the sample with
respect to tenure.
    (Comment) One comment said FDA should consider inclusion of non-
tobacco users or users of specific tobacco categories (e.g., e-
cigarette users, moist smokeless tobacco users) in the sample to
support comparative analyses between users and non-users or subgroup
analyses.
    (Response) FDA considered including non-tobacco users early in the
planning process. However, the planned experimental and observational
studies will examine issues specific to the tobacco-using population,
especially those with lower socio-economic status. This includes the
underlying demographics of users as well as their knowledge, attitudes,
practices, behaviors, and reactions to various tobacco-related stimuli.
Other existing data sources, including survey panels, support research
with non-users. Moreover, limiting the panel to users reduces the
overall public burden. Once the panel is firmly established, we may
consider its expansion.
    (Comment) One comment stated FDA should also consider how well the
sample of 4,000 adult tobacco users will support the planned
investigations.
    (Response) The sample size of 4,000 was chosen after a careful
review of, on the one hand, power and subclass analyses requirements,
and on the other hand, the budgetary implications. After our careful
review, we concluded that a sample size of 4,000 tobacco users
represents a good balance, at least for the first iteration of the
panel.
    We should also mention that the young adult population (aged 18-25)
and the low-income population (combined household income less than
$30,000) will be oversampled allowing for more in-depth study of these
two groups of tobacco users. We also include a screening feature that
will result in oversampling of the smokeless tobacco users.
    (Comment) One commenter stated that FDA suggests that the approach
includes a ``3-year panel commitment period''. FDA should consider
developing and sharing its plan for keeping or removing panelists. For
example, will FDA keep or remove a panelist if he/she decides to quit
using tobacco products? Also, how will FDA monitor whether incentives
are influencing a panelist's responses or behavior? These are only a
few examples of issues that could arise; therefore, a thoughtful panel
management plan is needed.
    (Response) We agree that a detailed and well-designed panel
management plan is needed to make the panel successful. The literature
on panel maintenance is growing, but there is still much to be learned
about optimal strategies for maintaining a strong and productive panel.
Supporting Statement, Part A outlines our plans for panel management,
including retention and nonresponse follow-up strategies, planned
incentive experiments, monitoring of panel conditioning, and evaluation
of the effects of various panel maintenance strategies on substantive
responses.
    Continual monitoring is planned to study these and other important
aspects of the panel's health. We will also keep a close eye on
individual panelists, their participation patterns, and their non-
response patterns to identify potential problems requiring
intervention. FDA considered removing panel members who report they
have stopped using tobacco products. Because of recidivism rates, it
was decided to retain all enrolled panel members regardless of changes
in their tobacco use patterns. Subsampling of panelists may be
implemented for specific experimental or observational studies that are
intended solely for current users of one or more specific tobacco
products.
    (Comment) One commenter stated FDA should consider establishing
mechanisms to evaluate the performance of the panel as well as the data
derived from it. For example, data from the panel on measures such as
current or past 30-day cigarette smoking might be compared against the
most recent data from national surveys and other published reports.
    (Response) We agree that benchmarking the panel sample
characteristics--demographic, socioeconomic, and tobacco use--against
other national data sources is extremely important. We will
continuously check that our panel matches known underlying population
characteristics. However, we will also monitor how the panel compares
with the target population with respect to known patterns of behavior
surrounding tobacco use. Differences will not necessarily suggest
problems with the panel but they will stimulate further investigation
and explanation.
    (Comment) One commenter asked FDA to provide copies of the survey
instruments for public comment.
    (Response) Copies of the survey instruments used to screen and
recruit panel members, as well as the first experimental or observation
study (Study 1), are uploaded to the docket.
    (Comment) One commenter strongly supports FDA's proposed collection
of information. The commenter stated that this panel is of great
utility and the proposed probability-based panel will serve as a
flexible tool, giving FDA the opportunity to conduct diverse studies.
    (Response) FDA agrees with this comment and believes the panel will
be a valuable tool for conducting new experimental studies.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
         Activity or type of respondent             Number of     responses per   Total annual         Average burden per response          Total hours
                                                   respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Household Screening Respondent.................          29,385            0.33           9,697  0.16 (10 minutes)......................           1,552
Panel Member Enrollment Survey.................  ..............            0.33           1,320  0.25 (15 minutes)......................             330
Panel Member Baseline Survey...................  ..............            0.33           1,320  0.25 (15 minutes)......................             330
Panel Maintenance/Bi-annual Update Surveys.....           4,000             3.0          12,000  0.08 (5 minutes).......................             960
Experimental/Observational Studies *...........  ..............             2.7          10,800  0.33 (20 minutes)......................           3,564
Panel Replenishment Screening Respondent.......          10,285            0.50           5,143  0.16 (10 minutes)......................             823
Panel Replenishment Enrollment Survey **.......           2,800            0.33             924  0.25 (15 minutes)......................             231
Panel Replenishment Baseline Survey **.........           2,800            0.33             924  0.25 (15 minutes)......................             231
Cognitive Interview Subjects...................              20            0.33               7  1.0....................................               7

Focus Group Subjects...........................              20            0.33               7  1.5....................................              10
                                                --------------------------------------------------------------------------------------------------------
    Total......................................          49,310  ..............  ..............  .......................................           8,038
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs or associated with this collection of information.
* Includes a total of 8 experimental or observational studies over a 3-year period for each of the 4,000 panel members who are active at the time of
  each study. The first study (Study 1) is included in this clearance request; the remaining studies will be funded under separate task orders but are
  included in this table to present an overall estimate of the burden for each participating panel member.
** Assumes 1,400 additional panel members will be recruited annually (2,800 total) as part of the panel replenishment effort.

    The collection burden was estimated using data from timed-readings
of each instrument, including the mail and field screeners, enrollment
survey, baseline survey, panel maintenance questionnaires, and Study 1
questionnaire.

References

    The following references have been placed on display in the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852, and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and are available electronically at http://www.regulations.gov.

1. Baker, R., Blumberg, S., Brick, M., Couper, M., Courtright, M.,
Dennis, J. M., Dillman, D., Frankel, M., Garland, P., Groves, R.,
Kennedy, C., Krosnick, J. and Lavrakas, P., 2010, American
Association for Public Opinion Research Report on Online Panels.
Public Opinion Quarterly, 74 (4), pp. 711-781.
2. Coen, T., Lorch, J. and Piekarski, L., 2005, The Effects of
Survey Frequency on Panelists' Responses, Worldwide Panel Research:
Developments and Progress, Amsterdam, European Society for Opinion
and Marketing Research.
3. Nancarrow, C. and Catwright, T., 2007, Online Access Panels and
Tracking Research, The Conditioning Issue, International Journal of
Market Research, 49(5), pp. 435-447.
4. Kruse, Y., Callegaro, M., Dennis, J. M., DiSogra, C., Subias, S.,
Lawrence, M., and Tompson, T., 2009, Panel Conditioning and
Attrition in the AP-Yahoo! News Election Panel Study, Paper
presented at the American Association for Public Opinion Research
64th Annual Conference.

    Dated: June 4, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-14125 Filed 6-9-15; 8:45 am]
 BILLING CODE 4164-01-P