Based on railroads that report to FRA under part 225 (Railroad
Accidents/Incidents), FRA estimates the universe of small railroads
consists of 744 Class III railroads. The NPRM's provision codifying
waivers related to rail cars used in THEERP operations affects
primarily the tourist railroads. FRA estimates there are 123 tourist
railroads that are Class III railroads to which the NPRM would apply.
Although some of these tourist railroads may have been excepted before
this rulemaking because they are not on the general railroad system of
transportation, and are excepted under existing Sec.  224.3, it may
have been unclear to stakeholders which railroads were exempt. For the
provision codifying the alternative method, FRA estimates 85 percent of
the Class III universe that chooses to use the comparator panel to
evaluate sheeting will be affected, or about 632 small railroads.
    In addition, FRA knows of one manufacturer of comparator panels,
specifically Avery Dennison Corp. Avery Dennison employs more than 750
persons, the SBA \56\ benchmark for large businesses. There are other
manufacturers of retroreflective sheeting; FRA is aware of ORAFOL
Americas, Inc, a subsidiary of the ORAFOL Group, that has purchased
Reflexite Corp., and the 3M Co. Both manufacturers currently do not
make comparator panels and are large businesses.
---------------------------------------------------------------------------

    \56\ North American Industry Classification System (NAICS) Code
326113 signifies the Unlaminated Plastics Film and Sheet (except
Packaging) Manufacturing firms that would be affected by this
proposal. Per SBA, any firm under NAICS code 326113 that employs
more than 750 employees cannot qualify as a small business. U.S.
Small Business Administration, Table of Small Business Size
Standards Matched to North American Industry Classification Codes
(Jan. 2019). Available: https://www.sba.gov/document/support-table-size-standards.
---------------------------------------------------------------------------

4. A Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Rule, Including an Estimate of the Class
of Small Entities That Will Be Subject to the Requirements and the Type
of Professional Skill Necessary for Preparation of the Report or Record
    The NPRM would provide relief for the small entities that operate
rail freight rolling stock used in THEERP operations by excluding these
rail cars from the Reflectorization Standards in part 224. In the
absence of the NPRM, the affected railroads would continue to submit
waivers under part 224. As explained in the regulatory analysis above,
FRA expects 30 new waiver submittals, 15 extensions of these waivers,
and 6 extensions of existing THEERP associated waivers over the 20-year
period of analysis. FRA estimated each new waiver costs $3,097.50, each
waiver extension costs $619.50, and requires 40 hours of labor and 8
hours of labor respectively. FRA accounted for the labor time using the
burdened STB wage rate for Professional and Administrative employees of
$77.44 per hour. In annualized terms using a 7 percent discount rate,
the NPRM results in estimated paperwork reduction benefits of $5,654
per year. When divided by the class of 123 tourist railroads, each
tourist railroad would save $45.79 per year.\57\
---------------------------------------------------------------------------

    \57\ Under the NPRM, railroads that operate equipment used in
THEERP operations would save the cost of evaluating and applying
retroreflective sheeting to their rail cars too, but since FRA has
historically approved the majority of these waivers, the analysis
accounts primarily for the savings from not having to file waivers.
---------------------------------------------------------------------------

    For the provision of the NPRM allowing use of an alternative method
to evaluate and replace retroreflective sheeting, the compliance
requirements for the small entities are the same as for all entities
accounted for in the regulatory analysis above. This section generally
uses annualized costs using a 7 percent discount rate to express the
compliance costs for small entities. The annualized cost for the
substantive change in the NPRM of using a comparator panel was
estimated at $5.59 per car, in comparison to a baseline 10-year
replacement cost of $6.37 per car, a savings of about $1.00 per
car.\58\ The other significant cost

factor of transporting cars that may not be regularly interchanged for
replacing retroreflective sheeting was estimated at $2.43 per car, or
one-half the baseline cost. The cost for visual inspection and
replacement under Sec.  224.109, a requirement that does not change
under the NPRM and so is ``a wash,'' is $5.08 per car. The costs for
purchasing and recalibrating the comparator panel are negligible when
divided by the many cars in the fleet. The cost for the comparator
panel is also mitigated by its widespread use; FRA estimates 85 percent
of the small entities are using the comparator panel method. (In
undiscounted terms, the cost of the comparator panel is $190 per panel
and $80 for recalibration every 2 years.) For all railroads, training
employees to use the comparator panel was estimated as a marginal
addition to the training employees already receive for brake tests and
locomotive inspections. FRA estimated the training time as the actual
time to use the comparator panel, an addition of about 3 minutes per
employee. For small entities, the cost to train employees may be higher
if they cannot incorporate training to use the comparator panel as part
of existing training.
---------------------------------------------------------------------------

    \58\ Calculation: NPRM cost = $9,270,752/1,658,334 avg. cars per
year = $5.59 per car. Baseline cost = $10,558,758/1,658,334 = $6.37.
Savings = $6.37-$5.59 = $0.78 (annualized, 7%). The annualized costs
were estimated using an undiscounted NPRM cost of $16.21 per car and
an undiscounted baseline cost of $68.21 per car, for a difference of
$50.00 per car.
---------------------------------------------------------------------------

    In annualized terms at 7 percent, the estimated total compliance
costs under the NPRM are $13.15 per car, compared to baseline costs
(i.e., without the NPRM) of $16.30 per car, a savings of $3.15 per car.
FRA estimated Class III railroads own 54,766 cars on average over the
years 2016 through 2020. Thus, the estimated benefits for the small
entities is $172,760. When divided by the 632 railroads that would use
the comparator panel method, each railroad would save $273 per year
(inclusive of waiver savings). These costs were estimated on a per-car
basis. The benefits per small entity depends on the number of cars it
operates.
5. Identification, to the Extent Practicable, of All Relevant Federal
Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule
    FRA is not aware of any Federal rule that duplicates, overlaps
with, or conflicts with the proposed rule.
6. A Description of Significant Alternatives to the Rule
    For railroads that find using the comparator panel burdensome for
their operations and equipment, the NPRM permits the continued use of
the 10-year replacement cycle. FRA retained the 10-year replacement
cycle as an alternative compliance method specifically to reduce the
potential economic impact on small entities (and for other entities
that may have captive cars, i.e., cars that are not regularly
interchanged). The estimated 15 percent of small entities that continue
to use the 10-year replacement cycle will see no change in their
compliance costs from the regulation existing before the NPRM.

C. Paperwork Reduction Act

    FRA is submitting the information collection requirements in this
proposed rule to the Office of Management and Budget (OMB) for approval
under the Paperwork Reduction Act of 1995.\59\ The sections that
contain the new or revised information collection requirements and the
estimated time to fulfill each requirement are as follows:
---------------------------------------------------------------------------

    \59\ 44 U.S.C. 3501 et seq.
    \60\ Throughout the tables in this document, the dollar
equivalent cost is derived from the 2020 Surface Transportation
Board's Full Year Wage A&B data series using the appropriate
employee group hourly wage rate that includes 75-percent overhead
charges.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Total annual                                    Total annual    Total cost equivalent
            CFR section                Respondent universe          responses         Average time per response  burden (hours)       in U.S. dollar
                                                             (A)...................  (B).......................     (C = A * B)                 (D = C *
                                                                                wage rates) \60\
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.7--Waivers (Revised requirement  722 railroads and       1 petition............  8 hours...................               8                  $619.52
 due to proposed revision under       freight car owners.
 Sec.   224.3).
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.15(b)--Special approval          2 manufacturers.......  1 petition............  40 hours..................              40                $3,097.60
 procedures--Petitions for special
 approval of alternative standard.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    --(d) Public comment on special  Manufacturers,          3 comments on special   1 hour....................               3                  $232.32
     approval procedures/petitions.   railroads, or general   petition.
                                      public.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    --(d)(3) Hearing on the          FRA does not believe that it will not need any additional information to consider any submitted petitions under the
     petition in accordance with      above requirement. Consequently, there is no burden associated with this provision.
     the procedures provided in
     Sec.   211.25.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    --(e) Disposition of petitions.  Exempted from PRA under 5 CFR 1320.4(2).
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.101--General requirements......  The burden for this requirement is covered under Sec.   224.15.
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.103(d)--Characteristics          There would be no burden involved for new cars. Additionally, the cost for stamping, etching, molding, printing is
 retroreflective sheeting--           included as part of the manufacturing process and consequently there is no burden associated.
 Certification.
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.103(e)--Characteristics          The burden for this requirement is covered under Sec.   224.15.
 retroreflective sheeting--
 Alternative standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.109(a)--Inspection and           AAR/400 car shops.....  33,510.22               5 minutes.................        2,792.52              $167,244.02
 replacement of missing, damaged,                             notifications of
 or obscured retroreflective                                  defect and
 sheeting--Railroad freight cars--                            restriction.
 Railroads notification to person
 responsible for reporting mark
 after visual inspection for
 presence and condition when
 freight car on either side has
 less than 80% reflective sheeting
 of the damaged, obscured, or
 missing sheeting (revised text,
 section heading).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    --(b) Locomotive record of       722 railroads and       2,459.70 records of     5 minutes.................          204.98               $12,276.25
     freight retroreflective          freight car owners.     defect and
     sheeting defects found after                             restriction.
     inspection kept in locomotive
     cab or in railroad accessible
     electronic database that FRA
     can access upon request.
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.111(c)--Evaluation and           The burden for this requirement is covered under 49 CFR 232.305 (2130-0008), or a locomotive receives an annual
 replacement of 10-year-old or        inspection required by 49 CFR 229.27 (OMB Control Number 2130-0004).
 underperforming retroreflective
 sheeting--Performance-based
 replacement.
--------------------------------------------------------------------------------------------------------------------------------------------------------
224.111(c)(1)(iv)--Evaluation and    The cost of labeling is included as part of the manufacturing process and consequently there is no burden
 replacement--Labeling.               associated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total \61\.....................  722 railroads and 400   35,975 responses......  N/A.......................           3,049                 $183,470
                                      car shops.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. Pursuant to 44 U.S.C.
3506(c)(2)(B), FRA solicits comments concerning: Whether these
information collection requirements are necessary for the proper
performance of the functions of FRA, including whether the information
has practical utility; the accuracy of FRA's estimates of the burden of
the information collection requirements; the quality, utility, and
clarity of the information to be collected; and whether the burden of
collection of information on those who are to respond, including
through the use of automated collection techniques or other forms of
information technology, may be minimized. For information or a copy of
the paperwork package submitted to OMB, contact Ms. Hodan Wells,
Information Collection Clearance Officer, at<PHONE_NUMBER>.
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them via email to
Ms. Wells at [email protected].
---------------------------------------------------------------------------

    \61\ Totals may not add due to rounding.
---------------------------------------------------------------------------

    OMB is required to decide concerning the collection of information
requirements contained in this rulemaking between 30 and 60 days after
publication of this document in the Federal Register. Therefore, a
comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. FRA is not authorized to
impose a penalty on persons for violating information collection
requirements that do not display a current OMB control number, if
required. FRA intends to obtain current OMB control numbers for any new
information collection requirements resulting from this rulemaking
action prior to the effective date of the final rule. The OMB control
number, when assigned, will be announced by separate notice in the
Federal Register.

D. Federalism Implications

    Executive Order 13132, Federalism,\62\ requires FRA to develop an
accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' are defined in the Executive order to include
regulations that 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.'' Under Executive Order 13132, the agency may not issue
a regulation with federalism implications that imposes substantial
direct compliance costs and that is not required by statute, unless the
Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments or the agency
consults with State and local government officials early in the process
of developing the regulation. Where a regulation has federalism
implications and preempts State law, the agency seeks to consult with
State and local officials in the process of developing the regulation.
---------------------------------------------------------------------------

    \62\ 64 FR 43255 (Aug. 10, 1999).
---------------------------------------------------------------------------

    FRA has analyzed this proposed rule in accordance with the
principles and criteria contained in Executive Order 13132. FRA has
determined that this proposed rule has no federalism implications,
other than the possible preemption of State laws under 49 U.S.C. 20106.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply, and preparation of a federalism summary impact
statement for the proposed rule is not required.

E. International Trade Impact Assessment

    The Trade Agreements Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. This proposed rule is not expected to affect trade
opportunities for U.S. firms doing business overseas or for foreign
firms doing business in the United States.

F. Environmental Impact

    FRA has evaluated this proposed rule consistent with the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), the Council of
Environmental Quality's NEPA implementing regulations at 40 CFR parts
1500-1508, and FRA's NEPA implementing regulations at 23 CFR part 771
and determined that it is categorically excluded from environmental
review and therefore does not require the preparation of an
environmental assessment (EA) or environmental impact statement (EIS).
Categorical exclusions (CEs) are actions identified in an agency's NEPA
implementing regulations that do not normally have a significant impact
on the environment and therefore do not

require either an EA or EIS.\63\ Specifically, FRA has determined that
this proposed rule is categorically excluded from detailed
environmental review pursuant to 23 CFR 771.116(c)(15),
``[p]romulgation of rules, the issuance of policy statements, the
waiver or modification of existing regulatory requirements, or
discretionary approvals that do not result in significantly increased
emissions of air or water pollutants or noise.''
---------------------------------------------------------------------------

    \63\ 40 CFR 1508.4.
---------------------------------------------------------------------------

    The main purpose of this rulemaking is to revise FRA's
Reflectorization Standards to reduce unnecessary costs and provide
regulatory flexibility while maintaining safety. This rulemaking would
not directly or indirectly impact any environmental resources and would
not result in significantly increased emissions of air or water
pollutants or noise. In analyzing the applicability of a CE, FRA must
also consider whether unusual circumstances are present that would
warrant a more detailed environmental review.\64\ FRA has concluded
that no such unusual circumstances exist with respect to this proposed
rule and it meets the requirements for categorical exclusion under 23
CFR 771.116(c)(15).
---------------------------------------------------------------------------

    \64\ 23 CFR 771.116(b).
---------------------------------------------------------------------------

    Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to affect historic properties.\65\ FRA has also
determined that this rulemaking does not approve a project resulting in
a use of a resource protected by Section 4(f).\66\
---------------------------------------------------------------------------

    \65\ See 16 U.S.C. 470.
    \66\ See Department of Transportation Act of 1966, as amended
(Pub. L. 89-670, 80 Stat. 931); 49 U.S.C. 303.
---------------------------------------------------------------------------

G. Executive Order 12898 (Environmental Justice)

    Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' require
DOT agencies to achieve environmental justice as part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects, including
interrelated social and economic effects, of their programs, policies,
and activities on minority populations and low-income populations. The
DOT order instructs DOT agencies to address compliance with Executive
Order 12898 and requirements within the DOT order in rulemaking
activities, as appropriate, and also requires consideration of the
benefits of transportation programs, policies, and other activities
where minority populations and low-income populations benefit, at a
minimum, to the same level as the general population as a whole when
determining impacts on minority and low-income populations. FRA has
evaluated this proposed rule under Executive Order 12898 and the DOT
order and has determined it would not cause disproportionately high and
adverse human health and environmental effects on minority populations
or low-income populations.

H. Unfunded Mandates Reform Act of 1995

    Under section 201 of the Unfunded Mandates Reform Act of 1995,\67\
each Federal agency ``shall, unless otherwise prohibited by law, assess
the effects of Federal regulatory actions on State, local, and tribal
governments, and the private sector (other than to the extent that such
regulations incorporate requirements specifically set forth in law).''
Section 202 of the Act (2 U.S.C. 1532) further requires that ``before
promulgating any general notice of proposed rulemaking that is likely
to result in promulgation of any rule that includes any Federal mandate
that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation) in any 1 year,
and before promulgating any final rule for which a general notice of
proposed rulemaking was published, the agency shall prepare a written
statement'' detailing the effect on State, local, and tribal
governments and the private sector. This proposed rule would not result
in the expenditure, in the aggregate, of $100,000,000 or more (as
adjusted annually for inflation) in any one year, and thus preparation
of such a statement is not required.
---------------------------------------------------------------------------

    \67\ Public Law 104-4, 2 U.S.C. 1531.
---------------------------------------------------------------------------

I. Energy Impact

    Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' requires
Federal agencies to prepare a Statement of Energy Effects for any
``significant energy action.'' \68\ FRA evaluated this proposed rule
under Executive Order 13211 and determined that this regulatory action
is not a ``significant energy action'' within the meaning of Executive
Order 13211.
---------------------------------------------------------------------------

    \68\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

J. Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to www.regulations.gov, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through
www.dot.gov/privacy. To facilitate comment tracking and response, we
encourage commenters to provide their name, or the name of their
organization; however, submission of names is completely optional.
Whether or not commenters identify themselves, all timely comments will
be fully considered. If you wish to provide comments containing
proprietary or confidential information, please contact the agency for
alternate submission instructions.

List of Subjects in 49 CFR Part 224

    Penalties, Railroad safety, Reflectorization standards.

The Proposed Rule

    For the reasons stated above, FRA proposes to amend part 224 of
chapter II, subtitle B of title 49, Code of Federal Regulations, as
follows:

PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK

0
1. The authority citation for part 224 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C.
2461 note; and 49 CFR 1.89.

0
2. Amend Sec.  224.3 by revising paragraphs (c) and (d) and adding
paragraph (e) to read as follows:

Sec.  224.3  Applicability.

* * * * *
    (c) Locomotives and passenger cars used exclusively in passenger
service;
    (d) Freight rolling stock that is subject to a reflectorization
requirement promulgated by another Federal agency; or
    (e) Freight rolling stock used for only for tourist, historic,
excursion, educational, recreational, or private purposes, except for
incidental freight service.

Sec.  224.107  [Removed and Reserved]

0
3. Remove and reserve Sec.  224.107.
0
4. Revise Sec.  224.109 to read as follows:

Sec.  224.109  Inspection and replacement of missing, damaged, or
obscured retroreflective sheeting.

    (a) Railroad freight cars. Retroreflective sheeting on railroad
freight cars subject to this part must be visually inspected for
presence and

condition whenever a car undergoes a single car air brake test required
under 49 CFR 232.305. If at the time of inspection less than 80 percent
of the amount of sheeting required under Sec.  224.105 on either side
of a car is present, not damaged, and not obscured, the inspecting
railroad or contractor shall promptly notify the person responsible for
the reporting mark, as indicated in the Universal Machine Language
Equipment Register, of the damaged, obscured, or missing sheeting
(unless the inspecting railroad or contractor is the person responsible
for the reporting mark). The inspecting railroad or contractor shall
retain a written or electronic copy of each such notification made for
at least two years from the date of the notice and shall make these
records available for inspection and copying by the FRA upon request.
Any person notified of a defect under this section shall have nine
months (270 calendar days) from the date of notification to repair or
replace the damaged, obscured, or missing sheeting. Where the
inspecting railroad or contractor is the person responsible for the
reporting mark, the person shall have nine months (270 calendar days)
from the date of the inspection to repair or replace the damaged,
obscured, or missing sheeting.
    (b) Locomotives. Retroreflective sheeting must be visually
inspected for presence and condition when the locomotive receives the
annual inspection required under 49 CFR 229.27. If at the time of
inspection, less than 80 percent of the amount of sheeting required
under Sec.  224.105 on either side of a locomotive is present, not
damaged, and not obscured, the damaged, obscured, or missing sheeting
must be repaired or replaced within nine months (270 calendar days)
from the date of inspection, provided a record of the defect is
maintained in the locomotive cab or in a secure and accessible
electronic database to which FRA is provided access on request.
0
5. Revise Sec.  224.111 to read as follows:

Sec.  224.111  Evaluation and replacement of 10-year old or
underperforming retroreflective sheeting.

    (a) Replacement process. Retroreflective sheeting required by this
part shall comply with the replacement process in either paragraph (b)
or (c) of this section.
    (b) 10-year replacement cycle. Regardless of condition,
retroreflective sheeting required by this part shall be replaced with
new, undegraded, sheeting no later than 10 years after the initial
installation date. At the time of replacement, it is not necessary to
remove the previously installed sheeting unless it interferes with the
placement of the replacement sheeting, as required by Sec.  224.106,
but the previously installed sheeting shall not be considered in
calculating the required minimum area of retroreflective material
required as shown in Table 2 to this subpart.
    (c) Replacement based on retroreflective comparator panel. Except
as provided in paragraph (c)(3) of this section, retroreflective
sheeting shall be evaluated using a properly calibrated comparator
panel, manufactured to the specifications outlined under paragraph
(c)(1) of this section, whenever a car undergoes a single car air brake
test required by 49 CFR 232.305, or a locomotive receives an annual
inspection required by 49 CFR 229.27.
    (1) Retroreflective comparator panel specifications--(i)
Retroreflectivity. Retroreflective comparator panels shall have the
minimum (and maximum, if applicable) retroreflectivity values as
outlined in Table 1 to paragraph (c)(1)(iv) of this section.
    (ii) Color. Retroreflective comparator panels shall be yellow or
white as outlined in Sec.  224.103(b).
    (iii) Construction. Retroreflective comparator panels shall be 4
inches wide by 4 inches high, be constructed with glass-beaded material
or other material that displays uniform appearance when rotated and
viewed with a light source, and have a magnetic backing so that the
panel can be attached to rail freight rolling stock.
    (iv) Labeling. Retroreflective comparator panels shall have a
waterproof and dust-proof label affixed to the backing. The label shall
contain: the phrase ``Retroreflective Comparator Panel--Yellow'' or
``Retroreflective Comparator Panel--White;'' and the name of the
manufacturer, the part, model, or serial number, the date the panel was
manufactured, the target retroreflectivity level to which the panel was
manufactured (measured in cd/lx/m\2\), and a space provided for the
certified recalibration date. Retroreflective comparator panels shall
be recalibrated at least every two years and the date of a panel's most
recent recalibration must appear in the space provided on the label.
[GRAPHIC] [TIFF OMITTED] TP21JY22.034

    (2) Retroreflective comparator panel evaluation process and
criteria. Each retroreflective sheeting on rail freight rolling stock
shall be evaluated on its performance through use of a properly
calibrated comparator panel. The evaluation procedure shall consist of
the following:
    (i) Retroreflective sheeting shall be visually evaluated with the
use of a light source. The light source must be of sufficient intensity
to illuminate and overcome ambient lighting conditions. A brighter
light source (LED) is recommended in daylight conditions.

    (ii) Retroreflective comparator panels shall conform to the
requirements outlined in paragraph (c)(1) of this section, and the
panel's color shall match the color of the installed sheeting being
evaluated.
    (iii) The comparator panel shall be placed directly adjacent to, or
overlapping, the retroreflective sheeting being evaluated. The
retroreflective sheeting shall also be cleaned, as necessary, before
the evaluation begins.
    (iv) Retroreflective sheeting and the comparator panel shall be
evaluated from a position perpendicular to the installed sheeting,
preferably from a distance of 15 feet from the installed sheeting and
the comparator panel. In the event conducting the evaluation from 15
feet away is not practicable, the evaluation may be conducted from a
distance of between 10 and 20 feet.
    (v) The light source shall be positioned adjacent to the
inspector's eye (left or right) and directed at the sheeting and
comparator panel, and a comparison of the reflected light intensity of
the entire installed sheeting to that of the comparator panel shall be
made. The installed sheeting shall pass or fail based on the following
criteria:
    (A) If the perceived reflected light intensity of the entire
installed sheeting appears brighter than that of the comparator panel,
the installed sheeting passes the evaluation.
    (B) If the perceived reflected light intensity of the entire
installed sheeting does not appear brighter than that of the comparator
panel, or if it cannot be discerned if one is brighter than the other,
the sheeting fails the evaluation and shall be replaced prior to the
equipment returning to service.
    (C) Installed sheeting that is damaged, obscured, or missing,
cannot be evaluated with the comparator panel and shall be replaced
prior to the equipment returning to service.
    (3) Handheld retroreflectometers. A properly calibrated handheld
retroreflectometer may be used in lieu of a comparator panel, subject
to the following conditions:
    (i) The handheld retroreflectometer shall be an annular device. A
single measurement on a strip of sheeting shall suffice with an annular
device, provided that the sheeting is not damaged, obscured, or
missing.
    (ii) The handheld device shall be placed directly against the
reflective sheeting, and the measurement shall be made based on the
device manufacturer's recommendation.
    (iii) The minimum allowable retroreflective value is 150 cd/lx/m\2\
for yellow sheeting and 250 cd/lx/m\2\ for white sheeting, when
measured at the -4[deg] entrance angle and 0.2[deg] observation angle
configuration. Sheeting that does not meet these minimum allowable
retroreflectivity values shall be replaced prior to the equipment
returning to service.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-15192 Filed 7-20-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14502-14506]
[FR Doc No: 2016-05978]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77354; File No. SR-NASDAQ-2016-032]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Market Quality Incentive Programs Under Rule 7014

March 11, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 1, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to: (i) Change the qualification requirements
of, and add an additional rebate to, the Qualified Market Maker
Program; (ii) modify the maximum fee assessed for participation in the
Exchange Opening and Closing Crosses, and extend the program to include
participation in the Exchange Halt Cross, under the Lead Market Maker
Program; and (iii) modify the requirements and rebates provided under
the NBBO Program.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.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 aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Market
Quality Incentive Programs under Rule 7014 to: (i) Change the
qualification requirements of, and add an additional rebate to, the
Qualified Market Maker Program; (ii) modify the maximum fee assessed
for participation in the Exchange Opening and Closing Crosses, and
extend the program to include participation in the Exchange Halt Cross,
under the Lead Market Maker Program; and (iii) modify the requirements
and rebates provided under the NBBO Program.
Qualified Market Maker Program Changes
    The Exchange is proposing three changes to the Qualified Market
Maker (``QMM'') Program: (1) Eliminate the requirement that only a
Primary Nasdaq Market Center MPID (a ``QMM MPID'' for purposes of the
QMM Program) \3\ may be used to qualify as a QMM under Rule 7014(d);
(2) eliminate the restriction that the per share executed rebates and
fees provided by the program are limited to a QMM MPID under Rule
7014(e); and (3) offer new rebates under Rule 7014(e) of the program,
which will be offered in Tape C securities.\4\
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    \3\ See Rule 7014(d).
    \4\ Tape C securities are those that are listed on the Exchange,
Tape A securities are those that are listed on NYSE, and Tape B
securities are those that are listed on exchanges other than Nasdaq
or NYSE.
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    The QMM Program provides incentives to Exchange market makers to
make a significant contribution to market quality by providing
liquidity at the NBBO in a large number of stocks for a significant
portion of the day. Under Rule 7014(d), members must meet certain
criteria to qualify as a QMM, such as not imposing burdens on the
Exchange and its market participants that may be associated with
excessive rates of entry of orders away from the inside and/or order
cancellation.\5\
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    \5\ See Rule 7014(d)(1)-(3) for the QMM qualification
requirements.
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    Under Rule 7014(e), the Exchange provides a rebate per share
executed with respect to all other displayed Orders (other than
Designated Retail Orders as defined in Rule 7018) in securities priced
at $1 or more per share that provide liquidity and that are entered
through a QMM MPID and were for securities listed on NYSE (``Tape A QMM
Incentive'') or securities listed on exchanges other than the Exchange
and NYSE (``Tape B QMM Incentive'') (both incentives are collectively
described as the ``QMM Incentives'').
    The QMM Incentives have two tiers, Tier 1 and Tier 2, with Tier 2
having higher requirements and rebates than Tier 1. The requirements
and rebates of the Tiers under both QMM Incentives are identical. To
qualify under Tier 1, a QMM must execute shares of liquidity provided
in all securities through one or more of its Nasdaq Market Center MPIDs
that represent above 0.70% up to, and including, 0.90% of Consolidated
Volume \6\ during the month. If a QMM qualifies under Tier 1, it will
receive a $0.0001 per share executed rebate in Tape A and Tape B
securities, as described above. To qualify under Tier 2, a QMM must
execute shares of liquidity provided in all securities through one or
more of its Nasdaq Market Center MPIDs that represent above 0.90% of
Consolidated Volume during the month. If a QMM qualifies under Tier 2,
it will receive a $0.0002 per share executed rebate in Tape A and Tape
B securities, as described above.
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    \6\ Consolidated Volume is the total consolidated volume
reported to all consolidated transaction reporting plans by all
exchanges and trade reporting facilities during a month in equity
securities, excluding executed orders with a size of less than one
round lot. For purposes of calculating Consolidated Volume and the
extent of a member's trading activity, expressed as a percentage of
or ratio to Consolidated Volume, the date of the annual
reconstitution of the Russell Investments Indexes shall be excluded
from both total Consolidated Volume and the member's trading
activity. See Rule 7018.
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    Under Rule 7014(d) [sic], the Exchange also charges a fee of
$0.0030 per share executed for orders in Exchange-listed securities,
and a fee of $0.00295 per share executed for orders in securities
listed on exchanges other than the Exchange, priced at $1 or more per
share that access liquidity on the Exchange and that are entered
through a QMM MPID. To qualify for these fees, the QMM's volume of
liquidity added through one or more of its MPIDs during the month (as a
percentage Consolidated Volume) must not be less than 0.80%.
    First, the Exchange is proposing to eliminate the requirement that
only a Primary Nasdaq Market Center MPID may be used to qualify as a
QMM under Rule 7014(d). By eliminating the requirement that a member
may qualify only with its Primary Nasdaq Market Center MPID and
allowing any MPID that the member may possesses to qualify under the
QMM Program, the Exchange is significantly broadening potential
eligibility for the program among members.
    Second, the Exchange is proposing to eliminate the requirement that
the rebates and fees applied to a member under the program apply only
to orders sent through a QMM MPID. Currently, the Exchange limits the
rebates and fees provided by the program to orders entered through a
QMM MPID. As noted above, a QMM MPID is defined as a qualifying QMM's
Primary Nasdaq Market Center MPID. By allowing all MPIDs to receive the
rebates and fees of the QMM Program that a QMM qualifies for, the
Exchange is increasing the incentive to members to provide Consolidated
Volume sufficient to qualify under the tiers of the program.
    Third, the Exchange is proposing to make Tape C securities eligible
for rebates under the QMM Program. The Exchange is creating a new
``Tape C QMM Incentive,'' which will have a Tier 1 and Tier 2 that are
identical to those of the Tape A and Tape B QMM Incentives, as
described above. The Tape C QMM Incentive, like the other incentives
under the QMM Program, is designed to reward QMMs, in the form of a
rebate, for providing significant levels of Consolidated Volume.
Extending such rewards, to a qualifying QMM's Tape C displayed orders
(other than a Designated Retail Order, as defined in Rule 7018) in
securities priced at $1 or more per share that provide liquidity may
lead to greater participation in the program and, in turn, improve
market quality for all market participants.
Lead Market Maker Program Changes
    The Exchange is proposing to amend Rule 7014(f)(4): (1) To expand
applicability under the Lead Market Maker Program (``LMM Program'') of
a maximum fee on participation in the Exchange Opening Cross \7\ and
Closing Cross \8\ to include participation in a Halt Cross,\9\ and (2)
to lower the maximum fee assessed for participation those [sic]
Crosses.
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    \7\ See Rule 4752.
    \8\ See Rule 4753.
    \9\ See Rule 4754.
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    The LMM Program is designed to provide incentive to market makers
to make markets in certain exchange-traded products (``ETPs''). To
achieve this, the Exchange provides credits and reduced fees to a
designated LMM for execution of a Qualified Security. Under Rule
7014(f)(1), a security may be designated as a ``Qualified Security''
if: (A) it is an ETP listed on the Exchange pursuant to Exchange Rules
5705, 5710, 5720, 5735, or 5745; and (B) it has at least one LMM.

    An LMM is a registered Exchange market maker for a Qualified
Security that has committed to maintain minimum performance standards,
which are based on certain percentages of time that the LMM is quoting
at the national best bid and offer (``NBBO''). Currently, the Exchange
has three performance criteria tiers based on the time that an LMM is
quoting at the NBBO: (1) Above 15% to 20%; (2) above 20% to 50%; and
(3) above 50%. For each tier, the Exchange provides rebates for
displayed liquidity and a maximum fee for participation in the Opening
and Closing Crosses.
    First, the Exchange is proposing to include activity in the
Exchange Halt Cross in the maximum fee provided by the program.
Currently, the Exchange provides a maximum fee for participation in the
Exchange's Opening and Closing Crosses. Under Rule 7018, a
Participant,\10\ including an LMM, is assessed a per share executed
charge of $0.0015 to $0.0008 for participation in the Opening and
Closing Crosses.\11\ Under the LMM Program, the Exchange provides a
maximum fee an LMM will pay for participation in the Opening and
Closing Crosses of $0.0010 per executed share if the LMM is at the NBBO
above 15% to 20% of the time.\12\ If a LMM is at the NBBO in excess of
20% of the time, it is not assessed any per executed share fee for
participation in the Opening and Closing Crosses.
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    \10\ As defined by Rule 4701(c).
    \11\ See Rule 7018(d) and (e).
    \12\ An LMM will be assessed the charge under Rules 7018(d) or
(e) if it is lower than the maximum charge it qualifies for under
Rule 7014(f)(4). For example, if an LMM was eligible to receive a
maximum charge of $0.0010 per share executed under the first tier of
Rule 7014(f)(4), but also qualified for a charge of $0.0008 per
share executed in the closing cross under Tier A of Rule 7018(d)(2),
the LMM would receive the lower charge under Rule 7018(d)(2).
---------------------------------------------------------------------------

    The Exchange is proposing to extend the fee limits under the this
[sic] tier to include participation in the Halt Cross, which currently
has a fee of $0.0010 per executed share.\13\
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    \13\ See Rule 7018(f).
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    Second, the Exchange is proposing to reduce the maximum fee
provided for participation in the Crosses under Rule 7014(f)(4) if the
LMM is at the NBBO above 15% to 20% of the time from $0.0010 per
executed share to $0.0005 per executed share.
NBBO Program Changes
    The Exchange is proposing to make three changes to the NBBO
Program: (1) Eliminate the $0.0002 per share executed rebate tier
provided under the program; (2) decrease the $0.0004 per share executed
rebate tier and modify the criteria required to receive it; (3) modify
the criteria of the $0.0001 per share executed rebate tier and increase
the rebate to $0.0002 per share executed.
    The NBBO program provides incentive to members to improve the
quality of the market by rewarding members that provide significant
market-improving order flow with a rebate.
    The Exchange provides a $0.0004 per share executed rebate in
securities listed on NYSE and a $0.0002 per share executed rebate in
securities listed on exchanges other than the Exchange or NYSE, which
are available to any member that provides shares of liquidity in all
securities through one or more of its Nasdaq Market Center MPIDs that
represent 0.50% or more of Consolidated Volume during the month; or (2)
add NOM Market Maker liquidity, as defined in Chapter XV, Section 2 of
the Nasdaq Options Market rules, in Penny Pilot Options and/or Non-
Penny Pilot Options above 0.90% of total industry customer equity and
ETF option ADV contracts per day in a month.
    The Exchange also provides members that qualify for the NBBO
Program a $0.0001 per share executed rebate \14\ with respect to all
other displayed orders (other than Designated Retail Orders, as defined
in Rule 7018) in securities priced at $1 or more per share that provide
liquidity if the member qualifies for the $0.0004 or $0.0002 per share
executed rebate tiers, and has a ratio of at least 25% NBBO liquidity
provided \15\ to liquidity provided during the month.
---------------------------------------------------------------------------

    \14\ The rebate is provided in addition to any rebate or credit
payable under Rule 7018(a) and the Investor Support, QMM, and NBBO
Programs under Rule 7014.
    \15\ NBBO liquidity provided means liquidity provided from
orders (other than Designated Retail Orders, as defined in Rule
7018) that establish the NBBO, and displayed a quantity of at least
one round lot at the time of execution.
---------------------------------------------------------------------------

    First, the Exchange is proposing to no longer offer the $0.0002 per
share executed rebate provided under the rule in Tape C securities.
Second, the Exchange is proposing to reduce the remaining $0.0004 per
share executed credit provided in Tape A and B securities to $0.0002
per share executed, delete the NOM Market Maker liquidity-based
eligibility criteria requirement under the rebate tier, and modify the
remaining Consolidated Volume-based criteria by increasing the level of
Consolidated Volume provided during the month from 0.5% to 1.0%.
    Third, the Exchange is proposing to modify the level of rebate
provided and the qualification criteria of the $0.0001 per share
executed rebate the Exchange provides to members that qualify for the
NBBO Program, and have a ratio of at least 25% NBBO liquidity provided
to liquidity provided during the month. The Exchange is also proposing
to require that a member execute shares of liquidity provided in all
securities through one or more of its Nasdaq Market Center MPIDs that
represents 0.5% or more of Consolidated Volume during the month.
    The Exchange notes that it has incorporated one of the qualifying
criteria required to receive the $0.0004 and $0.0002 per share executed
rebates, into this rebate tier. The Exchange is also proposing to
increase the rebate from $0.0001 per share executed to $0.0002 per
share executed
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\17\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

Qualified Market Maker Program Changes
    The Exchange believes that the proposed changes to the QMM Program
are reasonable because they increase the incentives provided by the
program. Eliminating the restriction that only Primary MPIDs be used to
qualify for the program will provide greater opportunity to members to
qualify and participate in the program.
    Likewise, eliminating the restriction that the per share executed
rebates provided by the program are limited to liquidity provided
through a QMM MPID is reasonable because it will expand the number of
MPIDs that receive the rebate. In turn, it will provide greater
opportunity for improvements to market quality. Making Tape C
securities eligible for rebates under the QMM Program is reasonable
because it is reflective of the Exchange's desire to improve market
quality on the Exchange generally through use of rebates. In this case,
the Exchange is proposing to extend the rebates it provides under the
program to include the securities of all three Tapes.

    As noted above, the QMM Program provides incentives to a member to
make a significant contribution to market quality by providing
liquidity at the NBBO in a large number of stocks for a significant
portion of the day. The Exchange believes that expanding the program to
include Tape C securities will make the program more attractive to
members and promote its goal of improving market quality.
    The Exchange also believes that eliminating the restriction that
only Primary MPIDs be used to qualify for the program is an equitable
allocation and is not unfairly discriminatory because it will allow
more members the opportunity to qualify for the program. Furthermore,
eliminating the restriction that the rebates provided by the QMM
Program only apply to qualifying orders entered through a QMM MPID is
an equitable allocation and is not unfairly discriminatory because it
will apply to all members that qualify as QMMs under the program.
    In addition, including Tape C securities as eligible for rebates
under the QMM Program is an equitable allocation and is not unfairly
discriminatory because the Exchange will apply the same fee to all
similarly situated members. In this regard, the proposed change to the
rule is an equitable allocation and is not unfairly discriminatory
because the rebates are provided uniformly to all QMMs that qualify for
the rebates and all QMMs have an equal opportunity to earn the
discounted fee for accessing liquidity.
    Moreover, the Exchange believes that providing qualifying QMMs
rebates in Tape C securities is equitable and not unfairly
discriminatory because, in return for the rebates, QMMs are providing a
significant contribution to market quality by providing displayed
liquidity, to the benefit of all market participants.
Lead Market Maker Program Changes
    The Exchange believes that the proposed changes to the LMM Program
are reasonable because it is reflective of the Exchange's desire to
improve market quality through the use of reduced fees. As noted above,
the LMM Program is designed to provide incentive to LMMs to make
markets in certain ETPs.
    The Exchange is proposing to provide further incentive to LMMs to
quote at the NBBO a significant percentage of the time by extending the
maximum fee for participation in the Opening and Closing Crosses to now
include the Halt Cross.
    Similarly, the Exchange is providing further incentive to LMMs to
provide liquidity at the NBBO by decreasing the maximum fee the LMM
will be assessed for participation in the Crosses under the lowest
tier. Thus, the proposed changes are reflective of the Exchange's
efforts to incentivize market participants to improve market quality.
    The Exchange believes that the proposed changes to the LMM Program
are an equitable allocation and are not unfairly discriminatory because
the Exchange will apply the same fee to all similarly situated members.
Specifically, the Exchange will provide the same maximum fee for
participation in all of the Crosses, to the extent the LMM qualifies
under one of the tiers. Last, the Exchange believes that providing LMMs
a maximum fee in the Opening, Closing, and Halt Crosses is equitable
and not unfairly discriminatory because, in return for the reduced
fees, LMMs are providing beneficial displayed liquidity to the benefit
of all market participants.
NBBO Program Changes
    The Exchange believes that proposed changes to the NBBO Program are
reasonable because they more narrowly focus the program, which the
Exchange believes may increase participation in the program. As noted
above, the NBBO program provides incentives to members to improve the
quality of the market by rewarding members that provide significant
market-improving order flow with a rebate.
    Currently, to qualify for $0.0004 and $0.0002 per share executed
NBBO rebates, members must execute shares in of [sic] liquidity through
one or more of its MPIDs that represents 0.5% or more of Consolidated
Volume during the month, or add NOM Market Maker liquidity in Penny
Pilot Options and/or Non-Penny Pilot Options above 0.90% of total
industry customer equity and ETF option ADV contracts per day in a
month.
    The Exchange believes it is reasonable to eliminate the Tape C
rebate, decrease the $0.0004 per share executed rebate provided in Tape
A and B securities to $0.0002 per share executed, and modify the
qualification criteria because doing so will allow the Exchange to
increase the other rebates under the program, which will better align
the program with improving the NBBO.
    The Exchange also believes that eliminating the NOM Market Maker
liquidity-based eligibility criteria under the rule and modifying the
remaining Consolidated Volume-based criteria by increasing the level of
Consolidated Volume required to receive the rebate from 0.5% to 1.0% is
reasonable because the Exchange is more narrowly focusing the
requirement on overall participation in the markets in contrast to
liquidity provided only on NOM. The NOM Market Maker liquidity-based
eligibility criteria have not been effective at providing an incentive
to members to participate in the program.
    The Exchange believes that it is reasonable to include a
requirement that a member must execute shares in of [sic] liquidity
through one or more of its MPIDs that represents 0.5% or more of
Consolidated Volume during the month in order to receive the $0.0002
per share executed rebate under the amended NBBO Program for all other
displayed orders is reasonable because it is an existing requirement to
receive the existing $0.0001 per share executed fee under the program.
    Thus, members qualifying under the program must not only improve
the NBBO significantly, but also provide improvement to the market
overall by contributing a significant level of Consolidated Volume,
which is consistent with the current requirements to receive the rebate
under the NBBO Program. The Exchange believes that increasing the
rebate from $0.0001 to $0.0002 per share executed will provide a
greater incentive to members to participate in the program.
    The Exchange believes the proposed changes to the NBBO Program are
equitable and not unfairly discriminatory because the NBBO Program
rebates and their qualification criteria will apply uniformly to all
similarly situated members. Members that elect to provide the levels of
Consolidated Volume required by the amended rule, and in the case of
the proposed $0.0002 per share executed rebate establish the NBBO with
a ratio of at least 25%, will receive the amended rebates.
    Last, although elimination of the NOM Market Maker based criteria
may impact members that are also market makers on NOM, the revised
Consolidated Volume based criteria will apply to all members, not only
those participating on NOM as market makers.

B. Self-Regulatory Organization's Statement on Burden on Competition

    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. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an

environment, the Exchange must continually adjust its fees to remain
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. Because competitors are free to modify their
own fees in response, and because market participants may readily
adjust their order routing practices, the Exchange believes that the
degree to which fee changes in this market may impose any burden on
competition is extremely limited.
    In this instance, the proposed changes to the fees and rebates
provided to member firms under the market quality incentive programs of
Rule 7014 do not impose a burden on competition because the Exchange's
execution services are completely voluntary and subject to extensive
competition both from other exchanges and from off-exchange venues.
    Rather than placing a burden on competition, the proposed fees and
rebates are reflective of the fierce competition among market venues to
attract order flow, including displayed liquidity, to the benefit of
all market participants. All of the proposed changes to the incentive
programs under Rule 7014 are designed to improve their effectiveness in
achieving their stated purposes. If any of the changes proposed herein
are unattractive to market participants, it is likely that the Exchange
will lose market share as a result.
    Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and paragraph (f) of Rule 19b-4 thereunder. 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 necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-NASDAQ-2016-032 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-NASDAQ-2016-032. 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-NASDAQ-2016-032 and should
be submitted on or before April 7, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-05978 Filed 3-16-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84710-84713]
[FR Doc No: 2023-26750]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 262, and 266

[EPA-HQ-OLEM-2023-0081; FRL 8687-03-OLEM]
RIN 2050-AH23

Hazardous Waste Generator Improvements Rule, the Hazardous Waste
Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: Because the EPA received adverse comment on eight amendments
in the direct final rule published on August 9, 2023, we are
withdrawing amendments to specific provisions through correction to the
direct final rule.

DATES: This correction is effective December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Brian Knieser, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery, (MC:
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0516, ([email protected]) or Kathy Lett, U.S. Environmental
Protection Agency, Office of Resource Conservation and Recovery, (MC:
5304T), 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 566-
0517, ([email protected]).

SUPPLEMENTARY INFORMATION: Because the EPA received adverse comment on
specific amendments, through this correction, we are withdrawing only
those specific amendments from the direct final rule, Hazardous Waste
Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule,
and the Definition of Solid Waste Rule; Technical Corrections,
published on August 9, 2023 (88 FR 54086). We stated in that direct
final rule that if we received adverse comment by the close of the
comment period on October 10, 2023, the specific amendments in the
direct final rule that are the subject of adverse comment would not
take effect, and we would publish a timely withdrawal in the Federal
Register. Because the EPA subsequently received adverse comment on
eight amendments in that direct final rule, we are withdrawing only the
eight affected amendments. All other amendments in that direct final
rule will go into effect on the effective date (December 7, 2023). The
eight specific amendments that are being withdrawn are:
    1. Section 261.4(e)(1) introductory text related to sample waste
generated or collected for the purpose of conducting treatability
studies.
    2. Section 262.11(d) introductory text related to identifying
hazardous characteristics for listed hazardous wastes when the
characteristic is already addressed by the listing.
    3. Section 262.11(g) related to identifying hazardous
characteristics for listed hazardous wastes when the characteristic is
already addressed by the listing.
    4. Section 262.16(b)(1) related to the accumulation limit for small
quantity generators generating acute hazardous waste.
    5. Section 262.17(a)(8)(i) introductory text related to LQG closure
notification when closing a waste accumulation unit but not the whole
facility.
    6. Section 262.17(a)(8)(i)(A) related to LQG closure notification
when closing a waste accumulation unit but not the whole facility.
    7. Section 262.232(b)(6)(iv) related to adding ``RCRA-'' to the
term ``designated facility'' to match the language of parallel
provisions in this section.
    8. Section 266.508(a)(2)(ii) related to allowing applicable EPA
hazardous waste numbers (also known as waste codes) in addition to the
required PHARMS code in item 13 of the hazardous waste manifest for
shipments of hazardous waste pharmaceuticals from a healthcare facility
subject to 40 CFR part 266 subpart P. We are also withdrawing language
from this provision that allows the use of PHRM in lieu of PHARMS in
item 13 of the hazardous waste manifest.
    Except for the amendment to Sec.  262.11 at instruction 25, which
is withdrawn in full, because the provisions we are withdrawing appear
in amendatory instructions affecting other provisions, we are
correcting the corresponding amendments in full minus those provisions
withdrawn.
    The EPA published a parallel proposed rule on the same day as the
direct final rule. The proposed rule invited comment on the substance
of the direct final rule. We will address those comments in any
subsequent final action, which will be based on the parallel proposed
rule also published on

August 9, 2023. As stated in the direct final rule and the parallel
proposed rule, we will not institute a second comment period on this
action.

List of Subjects

40 CFR Part 261

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Hazardous
waste, Intergovernmental relations, Licensing and registration,
Reporting and recordkeeping requirements.

40 CFR Part 262

    Environmental protection, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements.

40 CFR Part 266

    Environmental protection, Energy, Hazardous waste, Recycling,
Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.

0
For the reasons stated above, EPA is withdrawing amendments in the
direct final rule published August 9, 2023, at 88 FR 54086, by making
the following corrections:

Correction

0
In FR Rule Doc. No. 2023-14731, published August 9, 2023, at 88 FR
54086, make the following corrections:

0
1. On page 54109, in the first column, amendatory instruction 25
amending Sec.  262.11 is removed.

0
2. Beginning on page 54100 and ending on page 54114, correct amendatory
instructions 5 (Sec.  261.4), 27 (Sec.  262.16), 28 (Sec.  262.17), 34
(Sec.  262.232), and 55 (Sec.  266.508) to read as follows:
0
5. Section 261.4 is amended by revising paragraphs (a)(25)(i)(I),
(a)(25)(vi) and (vii), and (a)(25)(xi)(D) to read as follows:

Sec.  261.4  Exclusions.

    (a) * * *
    (25) * * *
    (i) * * *
    (I) The name of any countries of transit through which the
hazardous secondary material will be sent and a description of the
approximate length of time it will remain in such countries and the
nature of its handling while there (for purposes of this section, the
terms ``EPA Acknowledgment of Consent'', ``country of import'' and
``country of transit'' are used as defined in 40 CFR 262.81 with the
exception that the terms in this section refer to hazardous secondary
materials, rather than hazardous waste):
* * * * *
    (vi) The export of hazardous secondary material under this
paragraph (a)(25) is prohibited unless the hazardous secondary material
generator receives from EPA an EPA Acknowledgment of Consent
documenting the consent of the country of import to the receipt of the
hazardous secondary material. Where the country of import objects to
receipt of the hazardous secondary material or withdraws a prior
consent, EPA will notify the hazardous secondary material generator in
writing. EPA will also notify the hazardous secondary material
generator of any responses from countries of transit.
    (vii) Prior to each shipment, the hazardous secondary material
generator or a U.S. authorized agent must:
    (A) Submit Electronic Export Information (EEI) for each shipment to
the Automated Export System (AES) or its successor system, under the
International Trade Data System (ITDS) platform, in accordance with 15
CFR 30.4(b).
    (B) Include the following items in the EEI, along with the other
information required under 15 CFR 30.6:
    (1) EPA license code;
    (2) Commodity classification code per 15 CFR 30.6(a)(12);
    (3) EPA consent number;
    (4) Country of ultimate destination per 15 CFR 30.6(a)(5);
    (5) Date of export per 15 CFR 30.6(a)(2);
    (6) Quantity of waste in shipment and units for reported quantity,
if required reporting units established by value for the reported
commodity classification number are in units of weight or volume per 15
CFR 30.6(a)(15); or
    (7) EPA net quantity reported in units of kilograms, if required
reporting units established by value for the reported commodity
classification number are not in units of weight or volume.
* * * * *
    (xi) * * *
    (D) By reclaimer and intermediate facility, for each hazardous
secondary material exported, a description of the hazardous secondary
material and the EPA hazardous waste number that would apply if the
hazardous secondary material was managed as hazardous waste, the DOT
hazard class, the name and U.S. EPA ID number (where applicable) for
each transporter used, the consent number(s) under which the hazardous
secondary material was shipped and for each consent number, the total
amount of hazardous secondary material shipped and the number of
shipments exported during the calendar year covered by the report;
* * * * *

0
27. Section 262.16 is amended by revising the introductory text and
paragraphs (b) introductory text, (b)(5) introductory text, and
(b)(8)(iv)(A) and (B) to read as follows:

Sec.  262.16  Conditions for exemption for a small quantity generator
that accumulates hazardous waste.

    A small quantity generator may accumulate hazardous waste on site
without a permit or interim status, and without complying with the
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, provided that all the conditions for
exemption listed in this section are met:
* * * * *
    (b) Accumulation. The generator accumulates hazardous waste on site
for no more than 180 days, unless in compliance with the conditions for
exemption for longer accumulation in paragraphs (c), (d), and (e) of
this section. The following accumulation conditions also apply:
* * * * *
    (5) Accumulation of hazardous waste in containment buildings. If
the waste is placed in containment buildings, the small quantity
generator must comply with 40 CFR part 265 subpart DD. The generator
must label its containment buildings with the words ``Hazardous Waste''
in a conspicuous place easily visible to employees, visitors, emergency
responders, waste handlers, or other persons on site and also in a
conspicuous place provide an indication of the hazards of the contents
(examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic);
hazard communication consistent with the Department of Transportation
requirements at 49 CFR part 172, subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication
Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704). The generator
must also maintain:
* * * * *
    (8) * * *
    (iv) * * *
    (A) Whenever hazardous waste is being poured, mixed, spread, or

otherwise handled, all personnel involved in the operation must have
immediate access (e.g., direct or unimpeded access) to an internal
alarm or emergency communication device, either directly or through
visual or voice contact with another employee, unless such a device is
not required under paragraph (b)(8)(ii) of this section.
    (B) In the event there is just one employee on the premises while
the facility is operating, the employee must have immediate access
(e.g., direct or unimpeded access) to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-
way radio, capable of summoning external emergency assistance, unless
such a device is not required under paragraph (b)(8)(ii) of this
section.
* * * * *

0
28. Section 262.17 is amended by revising the introductory text and
paragraphs (a)(2), (a)(7)(i)(A), (a)(8)(iii)(A)(4), (b), (c)
introductory text, (d), (e), and (f) introductory text to read as
follows:

Sec.  262.17  Conditions for exemption for a large quantity generator
that accumulates hazardous waste.

    A large quantity generator may accumulate hazardous waste on site
without a permit or interim status, and without complying with the
requirements of parts 124, 264 through 267, and 270 of this chapter, or
the notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, provided that all of the following
conditions for exemption are met:
* * * * *
    (a) * * *
    (2) Accumulation of hazardous waste in tanks. If the waste is
placed in tanks, the large quantity generator must comply with the
applicable requirements of subpart J (except Sec. Sec.  265.197(c) and
265.200 of this subchapter) as well as the applicable requirements of
40 CFR part 265, subparts AA through CC.
* * * * *
    (7) * * *
    (i)(A) Facility personnel must successfully complete a program of
classroom instruction, online training (e.g., computer-based or
electronic), or on-the-job training that teaches them to perform their
duties in a way that ensures compliance with this part. The large
quantity generator must ensure that this program includes all the
elements described in the document required under paragraph
(a)(7)(iv)(C) of this section.
* * * * *
    (8) * * *
    (iii) * * *
    (A) * * *
    (4) If the generator demonstrates that any contaminated soils and
wastes cannot be practicably removed or decontaminated as required in
paragraph (a)(8)(iii)(A)(2) of this section, then the waste
accumulation unit is considered to be a landfill and the generator must
close the waste accumulation unit and perform postclosure care in
accordance with the closure and post-closure care requirements that
apply to landfills (Sec.  265.310 of this subchapter). In addition, for
the purposes of closure, post-closure, and financial responsibility,
such a waste accumulation unit is then considered to be a landfill, and
the generator must meet all of the requirements for landfills specified
in 40 CFR part 265, subparts G and H.
* * * * *
    (b) Accumulation time limit extension. A large quantity generator
who accumulates hazardous waste for more than 90 days is subject to the
requirements of 40 CFR parts 124, 264 through 268, and part 270 of this
chapter, and the notification requirements of section 3010 of RCRA for
treatment, storage, and disposal facilities, unless it has been granted
an extension to the 90-day period. Such extension may be granted by EPA
if hazardous wastes must remain on site for longer than 90 days due to
unforeseen, temporary, and uncontrollable circumstances. An extension
of up to 30 days may be granted at the discretion of the Regional
Administrator on a case-by-case basis.
    (c) Accumulation of F006. A large quantity generator who also
generates wastewater treatment sludges from electroplating operations
that meet the listing description for the EPA hazardous waste number
F006, may accumulate F006 waste on site for more than 90 days, but not
more than 180 days without being subject to parts 124, 264 through 267,
and 270 of this chapter, and the notification requirements of section
3010 of RCRA for treatment, storage, and disposal facilities, provided
that it complies with all of the following additional conditions for
exemption:
* * * * *
    (d) F006 transported over 200 miles. A large quantity generator who
also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the EPA hazardous
waste number F006, and who must transport this waste, or offer this
waste for transportation, over a distance of 200 miles or more for off-
site metals recovery, may accumulate F006 waste on site for more than
90 days, but not more than 270 days without being subject to parts 124,
264 through 267, and 270 of this chapter, and the notification
requirements of section 3010 of RCRA for treatment, storage, and
disposal facilities, if the large quantity generator complies with all
of the conditions for exemption of paragraphs (c)(1) through (4) of
this section.
    (e) F006 accumulation time extension. A large quantity generator
accumulating F006 in accordance with paragraphs (c) and (d) of this
section who accumulates F006 waste on site for more than 180 days (or
for more than 270 days if the generator must transport this waste, or
offer this waste for transportation, over a distance of 200 miles or
more), or who accumulates more than 20,000 kilograms of F006 waste on
site is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 124, 264, 265, 267, and 270, and the
notification requirements of section 3010 of RCRA for treatment,
storage, and disposal facilities, unless the generator has been granted
an extension to the 180-day (or 270-day if applicable) period or an
exception to the 20,000 kilogram accumulation limit. Such extensions
and exceptions may be granted by EPA if F006 waste must remain on site
for longer than 180 days (or 270 days if applicable) or if more than
20,000 kilograms of F006 waste must remain on site due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to 30
days or an exception to the accumulation limit may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
    (f) Consolidation of hazardous waste received from very small
quantity generators. Large quantity generators may accumulate on site
hazardous waste received from very small quantity generators under
control of the same person (as defined in Sec.  260.10 of this
subchapter), without a storage permit or interim status and without
complying with the requirements of parts 124, 264 through 268, and 270
of this chapter, and the notification requirements of section 3010 of
RCRA for treatment, storage, and disposal facilities, provided that
they comply with the following conditions. ``Control,'' for the
purposes of this section, means the power to direct the policies of the
generator, whether by the ownership of stock, voting rights, or
otherwise, except that contractors who operate generator facilities on
behalf of a different person

shall not be deemed to ``control'' such generators.
* * * * *

0
34. Section 262.232 is amended by revising the paragraphs (a)(5),
(b)(4) introductory text, and (b)(4)(ii)(C) to read as follows:

Sec.  262.232  Conditions for a generator managing hazardous waste from
an episodic event.

    (a) * * *
    (5) The very small quantity generator must comply with the
hazardous waste manifest provisions of subpart B of this part and the
recordkeeping provisions for small quantity generators in Sec.  262.44
when it sends its episodic event hazardous waste off site to a
designated facility, as defined in Sec.  260.10 of this subchapter.
* * * * *
    (b) * * *
    (4) Accumulation by small quantity generators. A small quantity
generator is prohibited from accumulating hazardous wastes generated
from an episodic event on drip pads and in containment buildings. When
accumulating hazardous waste generated from an episodic event in
containers and tanks, the following conditions apply:
* * * * *
    (ii) * * *
    (C) Use inventory logs, monitoring equipment or other records to
identify the date upon which each episodic event begins; and
* * * * *

0
55. Section 266.508 is amended by revising paragraphs (a)(1)(iii)(C)
and (a)(2)(i) to read as follows:

Sec.  266.508  Shipping non-creditable hazardous waste pharmaceuticals
from a healthcare facility of evaluated hazardous waste pharmaceuticals
from a reverse distributor.

    (a) * * *
    (1) * * *
    (iii) * * *
    (C) Lab packs that will be incinerated in compliance with Sec.
268.42(c) of this subchapter are not required to be marked with EPA
hazardous waste numbers (i.e., hazardous waste codes), except D004,
D005, D006, D007, D008, D010, and D011, where applicable. A nationally
recognized electronic system, such as bar coding or radio frequency
identification tag, may be used to identify the applicable EPA
hazardous waste numbers (i.e., hazardous waste codes).
* * * * *
    (2) * * *
    (i) A healthcare facility shipping noncreditable hazardous waste
pharmaceuticals is not required to list all applicable EPA hazardous
waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form
8700-22.
* * * * *
[FR Doc. 2023-26750 Filed 12-5-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Notices]
[Page 45092-45093]
[DOCID:fr01au08-121]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2008-0182]

Office of Small and Disadvantaged Business Utilization (OSDBU);
Notice of Request for Renewal of Data Collection by the Office of Small
and Disadvantaged Business Utilization's (OSDBU) Regional Small
Business Transportation Resource Centers (SBTRCs); Agency Information
Collection Activities; Request for Comments, Renewal and Approval of
Information Collection(s): Regional Center Intake Form (DOT F 4500) and
Regional Resource Center Monthly Report Form (DOT F 4502)

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The Office of Small and Disadvantaged Business Utilization
(OSDBU) invites the public to comment about our intention to request
the Office of Management and Budget's (OMB) approval to renew
information collection forms, associated with OSDBU. The collection
involves the use of the Regional Center Intake Form, (DOT F 4500) which
documents the type of assistance provided to each small business that
is enrolled in the program.
    The use of the Regional Resource Center Monthly Report Form, (DOT F
4502) will highlight activities, such as counseling, marketing,
meetings/conferences, and services to businesses as completed during
the month. The information will be used to ascertain whether the
program is providing services to its constituency, the small business
community, in a fair and equitable manner. The information collected is
necessary to determine whether small businesses are participating in
DOT funded and DOT assisted opportunities with the DOT.
    The Counseling Information Form, (DOT F 4640.1) has been eliminated
and the information contained in that form is now consolidated into the
Regional Resource Center Monthly Report Form (formerly titled Monthly
Report of Operations Form). To eliminate duplication and to streamline
the data collection process, OSDBU revised the Monthly Report of
Operations Form into the Regional Resource Center Monthly Report Form.
    We are required to publish this notice in the Federal Register by
the Paperwork Reduction Act of 1995. On June 26, 2008, OSDBU published
a 60-day notice in the Federal Register (73 FR 36368) Docket
OST-2008-0182, informing the public of OSDBU's intention to
extend an approved information collection.

DATES: Written comments should be submitted by: September 2, 2008 and
submitted to the attention of the DOT/OST Desk Officer, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Docket library, Room 10102, 725 17th Street, NW., Washington, DC 20503
or oira--submission @omb.eop.gov (e-mail).

FOR FURTHER INFORMATION CONTACT: Arthur D. Jackson,<PHONE_NUMBER> Office
of Small and Disadvantaged Business Utilization, Office of the
Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., Room W56 462, Washington, DC 20590. Office hours are from 9 a.m.
to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

    Title: U.S. Department of Transportation, Office of Small and
Disadvantaged Business Utilization (OSDBU)
    OMB Control No: 2105-0554; Form No.: DOT F 4500, Regional Center
Intake Form and Form No.: DOT F 4502, Regional Resource Center Monthly
Report Form.

    Affected Public: Representatives of DOT Regional Small Business
Transportation Resource Centers and the Small Businesses community on a
national basis.
    Type of Review: Clearance and Renewal.
    Abstract: In accordance with Public Law 95-507, an amendment to the
Small Business Act and the Small Business Investment Act of 1953, OSDBU
is responsible for the implementation and execution of the Department
of Transportation (DOT) activities on behalf of small businesses, in
accordance with Section 8, 15 and 31 of the Small Business Act (SBA),
as amended. The Office of Small and Disadvantaged Business Utilization
also administers the provisions of Title 49, of the United States Code,
Section 332, the Minority Resource Center (MRC) which includes the
duties of advocacy, outreach and financial services on behalf of small
and disadvantaged business businesses and those certified under CFR 49
parts 23 and or 26 as Disadvantaged Business Enterprises (DBE).The
Small Business Transportation Resource Regional Centers will collect
information on small businesses, which includes Disadvantaged Business
Enterprise (DBE), Women-Owned Small Business (WOB), Small Disadvantaged
Business (SDB), 8(a), Service Disabled Veteran Owned Business (SDVOB),
Veteran Owned Small Business (VOSB), HubZone, and types of services
they seek from the SBTRCs. Services and responsibilities of the SBTRCs
include business analysis, general management & technical assistance
and training, business counseling, outreach services/conference
participation, short-term loan assistance. The cumulative data
collected will be analyzed by the OSDBU to determine the effectiveness
of services provided, including counseling, outreach, and financial
services. Such data will also be analyzed by the OSDBU to determine
agency effectiveness in assisting small businesses to enhance their
opportunities to participate in government contracts and subcontracts.
    The Regional Center Intake Form, (DOT F 4500) is used by the
Regional SBTRC staff to enroll small business clients into the program
in order to create a viable database of firms that can participate in
government contracts and subcontracts, especially those projects that
are transportation related. In addition, each enrolled small business
will be assigned a client number that can track the firm's involvement
in the services offered by the SBTRCs. Each area on the form must be
filled in electronically by the SBTRCs and retained in secured files of
the client. The completion of the form is used as a tool for making
decisions about the needs of the business, such as; referral to
technical assistance agencies for help, identifying the type of
profession or trade of the business, the type of certification that the
business holds, length of time in business, and location of the firm.
The SBTRCs must complete an Intake Form and retain copies in secured
files in their offices. A limited amount of privacy information is
requested on this form. We have informed the public that the Privacy
Act is stated on the form. Under the Privacy Act (5 U.S.C. 552) any
person can request to see or get copies of any personal information
that DOT has in his or her file, when that file is retrievable by
individual identifiers, such as name or social security numbers.
Request for information about another party may be denied unless DOT
has the written permission of the individual to release the information
to the requestor or unless the information is subject to disclosure
under the Freedom of Information Act. This can assist the SBTRCs in
developing a business plan or adjusting their business plan to increase
its ability to market its goods and services to buyers and potential
users of their services.
    Respondents: Small Business Transportation Resource Centers.
    Estimated Number of Respondents: 100.
    Frequency: The information will be collected monthly.
    Estimated Total Burden on Respondents: 600 hours.
    The Regional Resource Center Monthly Report Form (DOT F 4502) for
each SBTRC must submit a monthly status report of business activities
conducted during the 30 day time frame. The form is used to capture
activities and accomplishments that were made by the Regional SBTRCs
during the course of the month. In addition, the form includes a data
collection section where numbers and hours are reported and a section
that is assigned for a written narrative that provides back up that
supports the data.
    Activities to be reported are (1) Counseling Activity which
identifies the counseling hours provided to businesses, number of new
appointments, and follow-up on counseled clients. (2) Activity for
Businesses Served identifies the type of small business that is helped,
such as a DBE, 8(a), WOB, HubZone, SDB, SDVOB, or VOSB. 3) Marketing
Activity includes the name of an event attended by the SBTRC and the
role played when participating in a conference, workshop or any other
venue that relates to small businesses. (4) Meetings that are held with
government representatives in the region, or at the state level, are an
activity that is reported. (5) Events Hosted by the SBTRCs, such as
small business workshops, financial assistance workshops, matchmaking
events, are activities that are reported on a monthly basis.
    Respondents: Small Business Transportation Resource Centers.
    Estimated Number of Respondents: 100.
    Frequency: The information will be collected monthly.
    Estimated Total Burden on Respondents: 1200 hours.
    Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (b) the accuracy of the Departments estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility and clarity of the information collection; and (d) ways to
minimize the burden of the collection of information on respondents, by
the use of electronic means, including the use of automated collection
techniques or other forms of information technology.
    All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.

    Issued in Washington, DC on July 25, 2008.
Patricia Lawton,
DOT Clearance Officer, Office of the Chief Information Officer.
[FR Doc. E8-17671 Filed 7-31-08; 8:45 am]

BILLING CODE 4910-9X-P