MEMORANDUM

Date:		February 9, 2015

Subject:	Report of June 25, 2014 Site Visit to Veolia in Port Arthur, Texas

From:		Alden West, EC/R Incorporated
		Lesley Stobert, EC/R Incorporated

To:		Paula Hirtz, EPA/OAQPS

This memorandum summarizes the visit to the Veolia facility in Port Arthur, Texas that was conducted on June 25, 2014. The purpose of this visit was to better understand the processes used in the Offsite Waste and Recovery Operations (OSWRO) industry, the controls in place to reduce hazardous air pollutants (HAP) emissions, and the characteristics of the emission points at this facility. This information will assist the EPA in the promulgation of amendments to the emission standards for the OSWRO industry.

A background discussion of this project is provided, followed by an overview of the facility, a description of the off-site waste operations at the facility, and a summary of emission sources at the facility. The final section includes a summary of action items resulting from the meeting with Veolia.

	The participants in the site visit included the following:
      Randa Coffey, Veolia
      Ron Constance, Veolia
      Daniel Duncan, Veolia
      Mitch Osborne, Veolia
      Paula Hirtz, U.S. EPA/OAQPS
      Lesley Stobert, EC/R Incorporated
      Alden West, EC/R Incorporated

BACKGROUND

Section 112(d) of the Clean Air Act requires the EPA to develop standards for each major source category listed under section 112(c). These technology-based standards are often referred to as maximum achievable control technology, or MACT, standards. The National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Off-site Waste and Recovery Operations (OSWRO) were promulgated on July 1, 1996 (61 FR 34139) and codified at 40 CFR part 63, subpart DD. The Veolia facility in Port Arthur, TX is subject to subpart DD because it receives certain wastes from off-site locations for storage and treatment, recovery or disposal.

Section 112 of the Clean Air Act contains provisions requiring the EPA to periodically revisit the technology-based standards. Specifically, section 112(d)(6) states that the EPA shall review these standards and revise them "as necessary (taking into account developments in practices, processes, and control technologies)" no less frequently than every eight years. The second stage in the review process focuses on reducing any remaining (i.e., "residual") risk according to CAA section 112(f). Section 112(f)(2) directs the EPA to assess the risk remaining (residual risk) after the application of MACT standards and promulgate additional standards as necessary to provide an ample margin of safety to protect public health, or to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental impact. On May 30, 2014, the EPA proposed amendments to the OSWRO MACT standards to address the results of the residual risk and technology review (RTR) conducted under the Clean Air Act.

A site visit of the Veolia facility was conducted to better understand the current processes and control technologies in the OSWRO industry before promulgation of final amendments to the OSWRO MACT standards. As part of the RTR process, the EPA is seeking additional information to improve the Agency's understanding of the OSWRO processes and emission points, to improve the data used in site-specific emission profiles and to better characterize the maximum risks to surrounding populations as a result of activities at OSWRO facilities. Further, the May 30, 2014 proposal includes new provisions that may change the way certain OSWRO sources are required to operate. This site visit was conducted to better understand the technical and operational implications of these changes based on current processes observed at the facility and discussions with facility personnel.

PLANT SITE OVERVIEW

Veolia Environmental Services is a global company based in Paris with over $49 billion in revenue and is the largest environmental services company in the world. Veolia manages two incineration service locations in the United States, including the facility in Port Arthur, Texas. The Port Arthur facility is permitted under the Resources Conservation and Recovery Act (RCRA) as a hazardous waste Treatment Storage and Disposal Facility (TSDF). At this location, Veolia operates a rotary kiln and ancillary units for incineration of hazardous waste, two injection wells for waste disposal, and a regenerative thermal oxidizer (RTO) for control of HAP from offsite waste emission sources. The facility is one of three in the United States that is permitted to burn polychlorinated biphenyls (PCBs) commercially. While currently not permitted to treat F-listed dioxins, facility personnel indicated that they will soon be revising their permit to be able to incinerate those compounds.

PROCESS DESCRIPTION

As noted above, the processes of interest at this site are those regulated by the OSWRO MACT standards.  The description provided below is a summary developed from materials provided during the site visit and from notes taken based on discussions with Veolia personnel.

Wastes accepted by Veolia include: aerosols; drum liquids, solids, and sludges; bulk liquids solids and sludges; lab packs; cylinders; and PCB capacitors. Drums and other smaller non-bulk containers are stored on racks in the container storage facility, which is a large open-air building. When a waste submitted for approval is received, Veolia first determines if it can be handled at the facility and if it is subject to subpart DD (OSWRO MACT). This determination is made based on a waste profile provided by the generator that includes a list of HAP constituents. Wastes containing Subpart DD constituents are inspected to determine if they are leaking. Leaking containers are resealed and reanalyzed for leaks; if the container is still leaking it will be stored under a hood to collect and control vapors before it is delivered directly to the incinerator. All waste streams are sampled unless they are exempted according to the facility's waste analysis plan (WAP). Containers can be burned individually by conveyance to the incinerator or they are conveyed to the mix pits for further processing.

Veolia operates two pits where bulk and drum wastes are mixed based on BTU content. One pit contains low flash wastes and the other contains high flash wastes. High flash wastes ignite at temperatures greater than 140°F. The facility also operates two shredders and a blender/homogenizer. On the low flash side, waste from the pits and drum chute are shredded and blended under a nitrogen blanket, then pumped via a Putzmeister concrete pump to the incinerator, or waste is shredded and transferred directly to the incinerator on a conveyor. The doors to the mix pit area are open to the atmosphere; however, negative pressure is maintained in the building and emissions are vented through a particulate filter bag-house to the RTO. Emissions from the shredders are also vented to the RTO.

Bulk solids are delivered to the facility in roll-off boxes that are sampled upon arrival in an enclosed building that is vented to a carbon adsorber. The facility is subject to the level 2 controls for containers (40 CFR §63.923), which require no detectable emissions (i.e., < 500 parts per million (ppm)) based on Method 21 monitoring.

Bulk liquid wastes are delivered to Veolia in cargo tanks and/or trailers with ISO portable tanks. The facility operates direct injection lines where liquids are pumped from the truck directly to the incinerator. The direct injection lines are only used for certain types of liquid wastes than cannot be mixed with others. Liquids are also stored in tanks that range in size from 10,000 to 100,000 gallons. All storage tanks are equipped with fixed roofs and nitrogen blankets to suppress emissions. Vapors originating from normal pressure fluctuations in the tank are routed to the RTO. Tanks are also equipped with pressure relief valves (PRVs) that release vapors to the atmosphere to relieve emergency pressure buildup. PRVs are monitored every five days using Method 21. The facility has no instrumentation in place to determine the exact time or duration of a release or the amount of HAP that was released from a PRV. However, Veolia indicated that they have monitors that surround the tank to detect a release of hydrocarbons above a concentration threshold.

Veolia operates a 60 foot long rotary kiln permitted under RCRA to treat/incinerate offsite wastes. Wastes are carefully selected for incineration based on BTU content and other factors to maintain optimal conditions in the kiln. An imbalance of BTU content in the waste can result in higher carbon monoxide levels at the exhaust stack. Combustion gases from the kiln are vented to a secondary combustion chamber, then to a rapid quench unit. The quench unit cools the incinerator exhaust from approximately 2000°F to 185°F in one second. The rapid cool down of exhaust gasses limits residence time in the formation temperature of dioxins and furans, which is 500°F to 800°F. Because dioxin and furan formation is prevented by the quench system, Veolia does not need to operate additional back-end pollution controls for these compounds. Combustion gases are vented from the quench system to the back-end pollution control systems,  an acid gas scrubber, a wet particle scrubber, and a wet electrostatic precipitator. The treated gas is then vented through a single stack equipped with a continuous emissions monitoring system (CEMS).

Veolia operates injection wells in which scrubber blowdown from the incinerator, which contains metals and various salts, is injected into the ground for disposal.

Veolia is currently testing a calciner pilot plant for recovery of nickel and molybdenum from offsite waste streams.

EMISSION SOURCES
Emission sources at Veolia include containers, mix pits, tanks, fugitives, transfer systems, and control devices. Veolia operates an RTO as a control device for emissions from storage tanks, mix pits and shredders.

Drums and other containers placed in the container storage facilities are sealed by a cover and closure device. The container storage facilities are not enclosed and hazardous vapors from leaking containers or sampling are emitted to the atmosphere. Subpart DD containers are monitored once for leaks when they are received. Leaking containers that cannot be resealed are placed under a hood to collect and control emissions before conveyance to the incinerator.

Bulk containers are sampled for leaks upon arrival in an enclosed building that is vented to a carbon adsorber. Bulk containers are required to have no detectable emissions (< 500 ppm) based on Method 21 monitoring. Secured tarps are installed on all bulk containers to suppress emissions.

Emissions from mix pits can occur from storage, mixing, and shredding of drums and bulk solid wastes. The mix pit building is maintained at a negative pressure and emissions are vented to the RTO.

Storage tank emissions can occur from the evaporation of liquid wastes placed in the tank. The storage tanks at Veolia are equipped with fixed roofs and nitrogen blankets to reduce evaporation of tank contents to the atmosphere. Tanks are also equipped with conservation vents that provide relief from fluctuations in pressure resulting from normal operating conditions such as filling/emptying and changes in atmospheric temperature. The conservation vents at Veolia are set to open when the internal tank pressure reaches 0.5 psi. Vapors released by the conservation vent are routed through a closed vent system to the RTO. All storage tanks are equipped with PRVs that will emit to the atmosphere if the tank internal pressure exceeds the device threshold setting for safe handling of liquid waste. The PRVs at Veolia are set to open at 2 psi, which is less than the pressure specified in the definition of a PRV in the 2014 OSWRO proposal (2.5 psi).

Veolia operates numerous valves, pump seals, flanges and other equipment components that could leak hazardous vapors to the atmosphere. Veolia complies with the leak detection and repair (LDAR) requirements of a new source review (NSR) permit that specifies a leak definition of 200 ppm for all components, which is more stringent than the LDAR requirements referenced by the OSWRO MACT standards. Veolia also has an agreement with the City of Port Arthur and EPA Region 6 based on an environmental justice review to do quarterly monitoring of vapors at the facility using an FLIR optical gas imaging (i.e., infrared) camera. According to Veolia, most refineries have their own optical gas imaging units; however, Veolia hires a subcontractor to conduct the monitoring.

Transfer systems are a potential source of emissions at Veolia that are subject to the OSWRO MACT standards. Transfer systems operated at the facility include pumps and conveyers. Pumps are used to transport liquid waste from trucks at direct injection lines to the kiln, and homogenized waste from the blender to the kiln. Conveyors are used to transport containers and solid wastes to the shredders or kiln.

During the site visit, Veolia responded to a question on metals emissions from OSWRO sources. Metals are generally not a concern with offsite waste emission sources because they have very low or no vapor pressure at ambient temperature. There are no heating processes associated with OSWRO emission sources that would raise the vapor pressure of metals to the point where evaporation could occur. While mercury has a higher vapor pressure than other metals, it is usually combined with other compounds (e.g., phenyl mercuric acetate) from which it cannot easily evaporate. A facility that reclaims mercury in its pure form could potentially have higher mercury emissions; however, this operation is not conducted at Veolia.

ACTION ITEMS

* EPA tentatively agreed to look into Veolia's concerns with the "in vapor service" designation of a PRD on a fixed roof storage tank equipped with a nitrogen blanket. Veolia contends that PRD on these types of tanks should be designated as "in liquid service".
* EPA agreed to send Veolia a copy of the Federal Register notice for the proposed amendments to the OSWRO MACT standards.


[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84437-84439]
[FR Doc No: 2020-28513]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90719; File No. SR-NASDAQ-2020-087]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Exchange's Transaction Credits and Charges at Equity 7,
Sections 114 and 118

December 18, 2020.
    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 December 7, 2020, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's transaction credits
[sic] at Equity 7, Sections 114 and 118, as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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
    Presently, the Exchange provides its members with various credits
for executing orders in securities priced at or above $1 that add
liquidity to the Exchange and charges them various fees for executing
orders, also in securities priced at or above $1 that remove liquidity
from the Exchange, as set forth in Equity 7, Section 118(a) of the
Exchange's Rules. Members may qualify for tiers of discounted fees and
premium credits based, in part, upon the volume of their activities in
securities priced at or above $1 on the Exchange as a percentage of
total ``Consolidated Volume.''
    Pursuant to Equity 7, Section 118(a), the term ``Consolidated
Volume'' means 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 the date of the annual reconstitution of the Russell
Investments Indexes is excluded from both total Consolidated Volume and
the member's trading activity.
    Similarly, in Equity 7, Section 114, the Exchange offers several
special pricing programs that are based, in part, upon members'
activities in securities priced at or more than $1 relative to total
Consolidated Volume. These programs provide credits to Qualified Market
Makers, to members that establish the National Best Bid or Offer, and
to members that grow their activity on the Exchange to a specified
extent.
    Generally, the ratio of consolidated volumes in securities priced
at or above $1 (``dollar plus volume'') relative to securities priced
below a dollar (``sub-dollar volume'') has been stable from month to
month, such that ``Consolidated Volume'' has been a reasonable baseline
for determining tiered and special pricing for members that execute
dollar plus volume on the Exchange.
    In December 2020, however, sub-dollar volume has increased
dramatically and unusually relative to dollar plus volume due to
activity concentrated in a handful of non-institutional firms, trading
mostly one particular sub-dollar stock. Additionally, this volume spike
may have been exacerbated by changes to other exchanges' pricing
schemes,

which have incentivized sub-dollar trading.
    Trading volume in just this one sub-dollar security comprised 9.68
percent of daily volume on December 1, 2020, and thus far in December
2020, sub-dollar volume comprises 15.75 percent of Consolidated Volume.
By comparison, sub-dollar volume comprised only 8.69 percent of
Consolidated Volume, on average, during the preceding 12 months.
    This anomalous rise in sub-dollar volume stands to have a material
adverse impact on members' qualifications for dollar plus pricing tiers
and special pricing programs because such qualifications depend members
upon achieving threshold percentages of volumes as a percentage of
Consolidated Volume, and the extraordinary rise in sub-dollar volume
stands to dilute Consolidated Volume in December 2020. As a result,
members may find it more difficult, if not practically impossible, to
qualify for or to continue to qualify for their existing dollar plus
pricing tiers and incentives programs, even if their dollar plus
volumes have not diminished relative to prior months. The Exchange
notes that its members mostly have not been responsible for the spike
in sub-dollar volume, such that they are likely to experience these
adverse effects fully.
    The Exchange believes that it would be unfair for its members that
execute significant dollar plus volumes on the Exchange to fail to
achieve or to lose their existing qualifications for tiered or special
pricing for such volumes in December 2020 due to anomalous behavior
which is entirely extraneous to them.
    The Exchange is presently assessing whether the current spike in
sub-dollar volumes is an isolated event or whether instead it is likely
to recur. If the latter, the Exchange may wish to propose adjustments
to its pricing formulas going forward to avoid extraordinary spikes in
sub-dollar volumes from adversely affecting the pricing of dollar plus
stock executions. In the interim, however, the Exchange believes that
it would be fair and appropriate to take action to avoid adverse
impacts for December 2020 pricing.
    Accordingly, the Exchange proposes to amend its pricing schedule at
Equity 7, Sections 114 and 118 to state that for purposes of
determining which of the execution charges and credits listed therein a
member qualifies for during the month of December 2020, the Exchange
will calculate the member's volume and total Consolidated Volume twice.
First, it will calculate the member's volume and Consolidated Volume as
presently set forth in Equity 7, Section 118(a). Second, it will
calculate the member's volume and Consolidated Volume by excluding
volume and Consolidated Volume that consists of executed orders in
securities priced less than $1. Therafter, the Exchange proposes to
evaluate which of these two member volume and Consolidated Volume
calculations would qualify members for the most advantageous credits
and charges for the month of December 2020 and then it will apply those
credits and charges to its members. Thus, if but for the sub-dollar
anomaly, a member would qualify for a higher credit or a lower fee tier
in December, then the Exchange will apply that higher credit or lower
fee tier to the member's trading activity during the month.
Impact of the Changes
    As of December 4, 2020, the Exchange assesses that several members
are at risk of failing to qualify for pricing tiers or for special
inventive programs in the month of December due to sub-dollar activity.
The proposal will ensure that no member suffers any such adverse
impact. It will also ensure that members whose volumes in December
would otherwise newly qualify them for better pricing tiers or special
incentive programs will be able to achieve such qualifications.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and further the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\4\ 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, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The proposal is also consistent with
Section 11A of the Act relating to the establishment of the national
market system for securities.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposal is reasonable and equitable
because in its absence, members may fail to qualify their existing
pricing tiers and programs or fail to qualify for better pricing tiers
or programs due to factors that are unrelated to the volumes they
execute on the Exchange as well as the total consolidated volume of
dollar plus securities executed on all trading venues. The Exchange
does not wish to penalize members that execute significant volumes on
the Exchange due to anomalous and extraneous trading activities of a
small number of firms in sub-dollar securities. The proposed rule would
seek to avoid such a penalty by determing whether calculating member
volume and total Consolidated Volume for December to include or exclude
sub-dollar volume would result in Exchange members qualifying for the
most advantageous credits and charges, and then applying the
calculations that would result in the pricing that is most advantageous
to each member.
    The Exchange notes that other exchanges have taken similar steps to
avoid penalizing their members for unusual occurrences that would
otherwise cause members to fail to qualify for volume-based tiered
pricing.\5\
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    \5\ See, e.g., Securities Exchange Act Release No. 34-90339
(November 4, 2020), 85 FR 71689 (November 10, 2020) (SR-PHLX-2020-
50); Securities Exchange Act Release No. 34-85025 (Jan 1, 2019), 84
FR 2611 (February 7, 2019) (SR-ISE-2018-102).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is an equitable
allocation and is not unfairly discriminatory because the Exchange
intends for it to ensure that no member suffers adverse pricing impacts
in December 2020 due to an anomalous spike in sub-dollar volumes. That
is, the Exchange does not intend for the proposal to advantage any
particular member; rather, it intends for the proposal to avoid
disadvantaging any member.

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 and credits 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 and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee and credit changes in this

market may impose any burden on competition is extremely limited.
    In this instance, the proposal does 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. If the changes proposed herein
are unattractive to market participants, it is likely that the Exchange
will lose market share as a result.
    The Exchange does not believe that the proposal will burden intra-
market competition. As noted above, the proposal will simply help to
ensure that no member suffers a pricing disadvantage in December 2020
due to an anomalous spike in sub-dollar volumes which dilutes
Consolidated Volume. It is not intended to provide a competitive
advantage to any particular member.

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)(ii) of the Act.\6\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2020-087 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-2020-087. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2020-087 and should be submitted
on or before January 19, 2021.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28513 Filed 12-23-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45148-45149]
[FR Doc No: 2019-18564]

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

[EPA-HQ-OLEM-2018-0305; FRL-9997-08-OMS]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Guidance for Applicants
Requesting To Treat/Dispose of PCBs Using Incineration or an
Alternative Method (New)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Guidance for Applicants
Requesting to Treat/Dispose of PCBs Using Incineration or an
Alternative Method (EPA ICR Number 2596.01, OMB Control Number 2070-
NEW), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
request of a new collection. Public comments were previously requested
via the Federal Register on April 16, 2019 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before September 27,
2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0305, to (1) EPA, either online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
RCRA Docket (2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460; and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Josh Smeraldi, Office of Resource
Conservation and Recovery (Mail Code 5303P), U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Guidance documents were developed in 1986 for persons
applying to EPA for approval to dispose of PCBs using incineration (40
CFR 761.70) or a method alternative to incineration (40 CFR 761.60(e)).
The guidances are split into two document (thermal and non-thermal) and
they present and discuss the format, content, and suggested level of
detail for approval applications, test plans, and test reports.
    EPA is currently updating these guidance documents and will combine

into a single document. This is a new ICR that addresses reporting and
recordkeeping requirements found in the updated guidance document
identified above. The previous guidance documents released in 1986 were
not required to conduct an ICR so a new ICR will be created for the
updated guidance. While use of the updated guidance document is
voluntary, the PRA still requires the reporting and recordkeeping of
this guidance to be determined. This includes reading and using the
tables provided in the guidance.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this ICR include respondents applying to the EPA for approval to treat/
dispose PCBs using incinerator or an alternative method. This likely
includes entities within the Waste Management and Remediation Services
(NAICS 562) and Professional, Scientific, and Technical Services (NAICS
54) sectors and includes private entities.
    Respondent's obligation to respond: Voluntary, for use in applying
to EPA for approval under 40 CFR parts 761.60(e) or 761.70.
    Estimated number of respondents: 8.
    Frequency of response: One-time.
    Total estimated burden: 320 hours per year. Burden is defined at 5
CFR 1320.03(b).
    Total estimated cost: $25,065 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: This ICR describes the guidance and
estimates the annual hour and cost burden to respondents and EPA who
choose to use the new Guidance for Applicants Requesting to Treat/
Dispose of PCBs Using Incineration or an Alternative Method. This
guidance combines two existing guidance documents that were developed
in 1986 for persons applying to EPA for approval to dispose of PCBs
using incineration (761.70) or a method alternative to incineration
(761.60(e)) and present and discuss the format, content, and suggested
level of detail for approval applications, test plans, and test
reports.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-18564 Filed 8-27-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 90974-90976]
[FR Doc No: 2016-30065]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6744; Directorate Identifier 2016-NE-12-AD;
Amendment 39-18736; AD 2016-25-10]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Rolls-Royce plc (RR) RB211-Trent 875-17, RB211-Trent 877-17, RB211-
Trent 884-17, RB211-Trent 884B-17, RB211-Trent 892-17, RB211-Trent
892B-17, and RB211-Trent 895-17 turbofan engines. This AD requires
machining and inspecting parts related to the high-pressure compressor
(HPC) and replacing HPC parts found defective. This AD was prompted by
inspection of RR Trent 800 engines returned from service that revealed
flame erosion and axial cracking on the stage 3 disk rim of the HPC
stage 1-4 rotor disks shaft. We are issuing this AD to correct the
unsafe condition on these products.

DATES: This AD becomes effective January 20, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 20,
2017.

ADDRESSES: For service information identified in this final rule,
contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936;
email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet:
https://customers.rolls-royce.com/public/rollsroycecare. You may view
this service information at the FAA, Engine & Propeller Directorate,
1200 District Avenue, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-6744.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6744; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The address for the Docket Office (phone:<PHONE_NUMBER>) is
Document Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM was published in the Federal Register on July 26, 2016 (81 FR
48724). The NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Inspection of Trent 800 engines returned from service revealed
flame eroded areas and axial cracking on the rear Stage 3 disc of
the High Pressure Compressor (HPC) Stage 1-4 drum. This is
considered to be the result of a localised fire originating from an
excessive rub at the stage 3-4 forward seal fin.
    This condition, if not detected and corrected, could lead to an
uncontained engine failure and release of high energy debris,
possibly resulting in damage to the aeroplane and injury to
occupants.

    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2016-6744.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Revise Inspection for Wear and Cracks

    American Airlines, Inc., (AAL) requested that the requirement in
paragraph (e)(1)(i) of this AD be revised

to allow the standards in the RR Trent 800 Engine Manual (EM) to be
used in the assessment for wear and cracks. AAL indicated that RR Trent
800 EM task 72-41-31-200-801 addresses the conditions of wear and
cracking and provides limits and rejection criteria. AAL commented that
RR has noted that the types of damage described in RR Standard
Practices Manual 70-01-02-200-000 including the terms ``burned/
charred'' and ``eroded'' provide an adequate description of flame
erosion.
    AAL further indicated that if, based on the proposed requirement in
paragraph (e)(1)(ii) of this AD, any wear is found on the forward stage
3-4 seal fin, then the HPC 1-4 rotor would have to be replaced. AAL
noted, however, that EM task 72-41-31-200-801 allows the seal fin to
exhibit wear within the diametral limits of 23.665 to 23.722 inches.
    RR indicated that the requirement in this AD to reject the part for
evidence of wear should be eliminated. RR noted that the EM for the
affected engines already includes inspections for wear and other
damage.
    We partially agree. We agree with AAL's assessment that the EM task
would allow wear as defined above while paragraph (e)(1)(i) in this AD,
as proposed, would not have allowed any wear. We also agree with RR
that it is not necessary to specify an inspection for wear.
    We disagree that it is necessary to refer to the EM task in the
requirements of this AD. We have revised the requirements of this AD to
remove the requirement to inspect for ``wear.'' We are removing this
requirement because seal tooth wear serviceability limits are already
defined in the RR Trent 800 EM.

Request To Revise Requirement to Machine HPC Stage 3 Inner Shroud

    RR and AAL requested that the requirement in paragraph (e)(1)(ii)
of this AD to machine the HPC stage 3 inner shroud be revised. AAL
noted that the HPC 1-4 disks shaft is a life-limited part; therefore,
AAL tracks its cycle use, both total part cycles and cycles since last
piece-part inspection. There is, however, no mandatory tracking
requirement for the HPC stage 3 inner shroud. AAL, therefore, cannot
ensure that it can comply with RR Service Bulletin (SB) RB211.72-J195,
dated February 26, 2016, before exceeding 5,000 duty cycles since new
or since last piece-part inspection of the HPC stage 1-4 rotor disks
shaft, as proposed in this AD. AAL and RR suggested that the
requirement in paragraph (e)(1)(ii) of this AD become an optional
terminating action.
    We partially agree. We disagree with revising the requirement in
paragraph (e)(1)(ii) in this AD to machine the HPC stage 1-3 shroud
because that addresses the unsafe seal clearance condition. We agree,
however, that the proposed language in paragraph (e)(1) may be
misinterpreted to refer to tracking the cycles on the HPC stage 3 inner
shroud. Therefore, we clarified paragraph (e)(1) of this AD to read:
``(1) Before the HPC stage 1-4 rotor disks shaft cyclic life exceeds
5,000 duty cycles since new, or 5,000 duty cycles since last HPC stage
1-4 rotor disks shaft piece-part inspection, whichever occurs later, do
the following: . . . .'' This change clarifies that the 5,000 duty
cycles since new criterion in this AD applies only to the HPC stage 1-4
rotor disks and not the HPC stage 3 inner shroud.

Support for the NPRM

    The Boeing Company, Inc., commented that it supported the proposed
rule as written.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    RR has issued SB RB.211-72-J195, dated February 26, 2016. The SB
describes procedures to machine the HPC stage 3 inner shroud and to
inspect the HPC stage 1-4 rotor disks shaft. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 125 engines installed on airplanes
of U.S. registry. We did not estimate any time to machine the HPC stage
3 inner shroud because this is accomplished during routine overhaul. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the HPC stage 1-4 rotor   8 work-hours x $85 per                $0            $680         $85,000
 disks.                                  hour = $680.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2016-25-10 Rolls-Royce plc: Amendment 39-18736; Docket No. FAA-2016-
6744; Directorate Identifier 2016-NE-12-AD.

(a) Effective Date

    This AD becomes effective January 20, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce plc (RR) RB211-Trent 875-17,
RB211-Trent 877-17, RB211-Trent 884-17, RB211-Trent 884B-17, RB211-
Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17 turbofan
engines that have not incorporated RR modification 72-J195, in
production, or RR Service Bulletin RB.211-72-J195, dated February
26, 2016, in service.

(d) Reason

    This AD was prompted by inspection of RR Trent 800 model engines
returned from service that revealed flame erosion and axial cracking
on the aft face of the stage 3 disk rim of the high-pressure
compressor (HPC) stage 1-4 rotor disks shaft. We are issuing this AD
to correct the unsafe condition on these products.

(e) Actions and Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Before the HPC stage 1-4 rotor disks shaft cyclic life
exceeds 5,000 duty cycles since new, or 5,000 duty cycles since last
HPC stage 1-4 rotor disks shaft piece-part inspection, whichever
occurs later, do the following:
    (i) Perform fluorescent penetrant and visual inspections of the
HPC stage 1-4 rotor disks shaft forward stage 3-4 seal fin and aft
face of the stage 3 disk rim for cracks and flame erosion. Any
findings of cracks or flame erosion constitute a failure of the HPC
stage 1-4 rotor disks shaft.
    (ii) Machine the HPC stage 3 inner shroud to the dimensions
shown in Figure 1 of RR Service Bulletin (SB) RB.211-72-J195, dated
February 26, 2016.
    (2) If the HPC stage 1-4 rotor disks shaft fails the inspections
required by paragraph (e)(1)(i) of this AD, replace with a part
eligible for installation before further flight.

(f) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(g) Related Information

    (1) For more information about this AD, contact Robert Green,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2016-0078,
dated April 20, 2016 (corrected April 27, 2016), for more
information. You may examine the MCAI in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
it in Docket No. FAA-2016-6744.

(h) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce plc (RR) SB RB.211-72-J195, dated February 26,
2016.
    (ii) Reserved.
    (3) For RR service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
249936; email: http://www.rolls-royce.com/contact/civil_team.jsp;
Internet: https://customers.rolls-royce.com/public/rollsroycecare.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.
    (5) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on November 23, 2016.
Colleen M. D'Alessandro,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2016-30065 Filed 12-15-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Pages 5007-5008]
[FR Doc No: 2012-2118]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2822-003; ER10-2823-002; ER11-2462-002; ER11-
2463-002; ER11-2112-003; ER10-2826-002; ER10-2827-002; ER11-2482-003;
ER11-2464-002; ER10-3158-002; ER10-3159-001; ER10-1720-002; ER10-2942-
002; ER10-2944-002; ER10-2945-002; ER10-2949-002; ER10-2423-001; ER10-
2404-001; ER10-2956-002; ER11-2483-002; ER11-2465-002; ER10-2994-004;
ER11-2466-002; ER11-2467-002; ER11-2468-002; ER11-2469-002; ER11-2470-
002; ER11-2471-002; ER11-2472-002; ER11-2484-002; ER11-2485-003; ER11-
2564-003; ER11-2514-002; ER11-2516-002; ER11-2563-003; ER11-2512-002;
ER11-2509-003; ER10-2285-002; ER11-2507-002; ER11-2486-002; ER12-308-
002; ER10-3005-002; ER10-3006-002; ER10-3007-003; ER10-3161-002; ER12-
422-001; ER11-2032-002; ER10-3008-002; ER11-2473-002; ER11-2487-003;
ER10-3011-002; ER11-2196-003; ER10-3162-002; ER12-12-001; ER11-2474-
002; ER11-2488-002; ER10-3032-002; ER11-2475-002.
    Applicants: Klondike Wind Power III LLC, Northern Iowa Windpower II
LLC, Big Horn Wind Project LLC, Colorado Green Holdings LLC, Dillon
Wind LLC, Flat Rock Windpower LLC, Flying Cloud Power Partners, LLC,
Klamath Energy LLC, Klamath Generation LLC, Moraine Wind LLC, Mountain
View Power Partners III, LLC, Shiloh I Wind Project, LLC, Trimont Wind
I LLC, Locust Ridge Wind Farm, LLC, Barton Windpower LLC, Iberdrola
Renewables, Inc., Atlantic Renewables Projects II LLC, Carthage Energy,
LLC, Elm Creek Wind, LLC, Farmers City Wind, LLC, Pebble Springs Wind
LLC, PEI Power II, LLC, Dry Lake Wind Power, LLC, Star Point Wind
Project LLC, Buffalo Ridge II LLC, Energetix, Inc., Big Horn II Wind
Project LLC, Casselman Windpower LLC, Klondike Wind Power II LLC,
Locust Ridge Wind Farm II, LLC, MinnDakota Wind, LLC, Streator-Cayuga
Ridge Wind Power LLC, Dry Lake Wind Power II LLC, Hardscrabble Wind
Power LLC, Leaning Juniper Wind Power II LLC, Hartford Steam Company,
NYSEG Solutions, Inc., New Harvest Wind Project LLC, Buffalo Ridge I
LLC, Elm Creek Wind II LLC, Flat Rock Windpower II LLC, Hay Canyon Wind
LLC, Juniper Canyon Wind Power LLC, Klondike Wind Power LLC, Lempster
Wind, LLC, Moraine Wind II LLC, Providence Heights Wind, LLC, Rugby
Wind LLC, Twin Buttes Wind LLC, Manzana Wind LLC, Blue Creek Wind Farm
LLC, San Luis Solar LLC, Elk River Windfarm LLC, New York State
Electric & Gas Corporation, Rochester Gas and Electric Corporation,
South Chestnut LLC, New England Wind, LLC, Central Maine Power Company
    Description: Notice of Change in Status of the Iberdrola MBR
Sellers.
    Filed Date: 1/23/12.
    Accession Number: 20120123-5310.
    Comments Due: 5 p.m. ET 2/13/12.

    Docket Numbers: ER10-3286-003.
    Applicants: Millennium Power Partners, L.P., New Athens Generating
Company, LLC.
    Description: Supplemental Information of Millennium Power Partners,
L.P.
    Filed Date: 11/23/11.
    Accession Number: 20111123-5095.
    Comments Due: 5 p.m. ET 2/3/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 24, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-2118 Filed 1-31-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87359-87360]
[FR Doc No: 2023-27552]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0477; FRL-9848-02-R5]

Air Plan Approval; Indiana; Volatile Organic Compounds; Cold
Cleaner Degreasing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the volatile organic compound (VOC) rules contained in the
Indiana State Implementation Plan (SIP). The Indiana Department of
Environmental Management (Indiana) modified its rules to allow the use
of a VOC control device for cold cleaning degreasing operations as a
compliance option to using low vapor pressure solvent for cleaning or
degreasing machine parts. Rule language was also updated for clarity
and consistency. EPA proposed to approve this action on August 30,
2023, and received no adverse comments.

DATES: This final rule is effective on January 17, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2021-0477. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Matt Rau, at
(312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On August 30, 2023 (88 FR 59834), EPA proposed to approve into the
Indiana SIP revisions to 326 Indiana Administrative Code (IAC) Article
8 Volatile Organic Compound Rules sections 326 IAC 8-3-1
``Applicability and exemptions'', effective January 4, 2023, and 326
IAC 8-3-2 ``Cold cleaner degreaser control equipment and operating
requirements'', 326 IAC 8-3-3 ``Open top vapor degreaser operation'',
326 IAC 8-3-4 ``Conveyorized degreaser control equipment and operating
requirements'', and 326 IAC 8-3-8 ``Material requirements for cold
cleaner degreasers'', effective June 9, 2021. An explanation of the
Clean Air Act (CAA) requirements, a detailed analysis of the revisions,
and EPA's reasons for proposing approval were provided in the notice of
proposed rulemaking (88 FR 59834) and will not be restated here. The
public comment period for this proposed rule ended on September 29,
2023.
    During the comment period, EPA received two comments that expressed
support for the proposed VOC rule revisions. Therefore, EPA is
finalizing our action as proposed.

II. Final Action

    EPA is approving Indiana's VOC control rule sections 326 IAC 8-3-1,
326 IAC 8-3-2, 326 IAC 8-3-3, 326 IAC 8-3-4, and 326 IAC 8-3-8 as
revisions to the Indiana SIP.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in section I of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through
www.regulations.gov, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993), and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    Indiana did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 16, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: December 11, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.770, the table in paragraph (c) is amended by revising
the entries for ``8-3-1'', ``8-3-2'', ``8-3-3'', ``8-3-4'', and ``8-3-
8'' under ``Article 8. Volatile Organic Compound Rules'', ``Rule 3.
Organic Solvent Degreasing Operations'' to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                          Indiana
       Indiana citation               Subject         effective date    EPA approval date           Notes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Rule 3. Organic Solvent Degreasing Operations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
8-3-1........................  Applicability and            1/4/2023  12/18/2023, [INSERT
                                Exemptions.                            FEDERAL REGISTER
                                                                       CITATION].
8-3-2........................  Cold cleaner                 6/9/2021  12/18/2023, [INSERT
                                degreaser control                      FEDERAL REGISTER
                                equipment and                          CITATION].
                                operating
                                requirements.
8-3-3........................  Open top vapor               6/9/2021  12/18/2023, [INSERT
                                degreaser operation.                   FEDERAL REGISTER
                                                                       CITATION].
8-3-4........................  Conveyorized                 6/9/2012  12/18/2023, [INSERT
                                degreaser control                      FEDERAL REGISTER
                                equipment and                          CITATION].
                                operating
                                requirements.

                                                  * * * * * * *
8-3-8........................  Material requirements        6/9/2021  12/18/2023, [INSERT
                                for cold cleaner                       FEDERAL REGISTER
                                degreasers.                            CITATION].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-27552 Filed 12-15-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Notices]
[Pages 8925-8926]
[FR Doc No: 2015-03471]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2014-0177]

Crash Weighting Research Findings

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; Extension of comment period.

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

SUMMARY: FMCSA extends the comment period for its January 23, 2015,
notice. This notice shares information on the ``Crash Weighting
Analysis'' which informs decision-making about the feasibility of using
a motor carrier's role in crashes as an indicator of future crash risk.
The January notice advised the public of the availability of the study
report for review and comment, and requested feedback on what steps the
Agency should take regarding crash and Police Accident Report (PAR)
data quality. The Agency extends the deadline for comment from February
23 to March 25, 2015.

DATES: Comments must be received on or before [March 25, 2015].

ADDRESSES: You may submit comments identified by docket number FMCSA-
2014-0177 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery or courier: Same as mail address above,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays. The telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' heading under
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Dee Williams, Federal Motor
Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590, Telephone<PHONE_NUMBER> or by email<EMAIL_ADDRESS>
FMCSA office hours are from 9 a.m. to 5 p.m., e.t., Monday through
Friday, except Federal holidays. If you have questions on viewing or
submitting material to the docket, contact Docket Operations at
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2014- 0177), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so the Agency can contact you if it has questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov and
click on the ``Submit a Comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Rules,'' insert ``FMCSA-2014-0177'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Submit a Comment''
in the ``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound

format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period and may change this analysis based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
click on the ``Read Comments'' box in the upper right hand side of the
screen. Then, in the ``Keyword'' box, insert ``FMCSA-2014-0177'' and
click ``Search.'' Next, click ``Open Docket Folder'' in the ``Actions''
column. Finally, in the ``Title'' column, click on the document you
would like to review. If you do not have access to the Internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.

Privacy Act

    In accordance with U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov as described in the
system of records notice (DOT/ALL-14 FDMS), can be reviewed at http://www.dot.gov/privacy.

Background

    FMCSA is extending the comment period to March 25, 2015 because
interested parties have requested more time. This study assesses (1)
whether PARs provide sufficient, consistent, and reliable information
to support crash weighting determinations; (2) whether a crash
weighting determination process would offer an even stronger predictor
of crash risk than overall crash involvement and how crash weighting
would be implemented in the Agency's Safety Measurement System (SMS);
and (3) how FMCSA might manage a process for making crash weighting
determinations, including the acceptance of public input. This notice
extends the public comment period in response to stakeholder requests.

    Issued on: February 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03471 Filed 2-18-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Notices]
[Page 52405-52406]
[DOCID:fr09se08-120]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1777-DR]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Michigan (FEMA-1777-DR), dated July 14, 2008, and
related determinations.

DATES: Effective Date: August 27, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Michigan is hereby amended to include the following
area among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of July 14, 2008.

    Saginaw County for Public Assistance.
(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030,

Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-20819 Filed 9-8-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41633-41635]
[FR Doc No: 2020-14869]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89220; File No. SR-NYSE-2020-54]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend its Price List

July 6, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 23, 2020, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to specify that the
Exchange may exclude from its average daily volume and quoting
calculations the date of the annual reconstitution of the Russell
Investments Indexes. The proposed rule change is available on the
Exchange's website at www.nyse.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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Price List to specify that the
Exchange may exclude from its average daily volume and quoting
calculations the date of the annual reconstitution of the Russell
Investments Indexes (the ``Russell Rebalance'').
Proposed Rule Change
    The Exchange's Price List currently provides that, for purposes of
determining transaction fees and credits based on quoting levels,
average daily volume (``ADV''), and consolidated ADV (``CADV''), the
Exchange may exclude shares traded any day that (1) the Exchange is not
open for the entire trading day and/or (2) a disruption affects an
Exchange system that lasts for more than 60 minutes during regular
trading hours. The Exchange proposes to specify that the Exchange may
also exclude from its quoting levels, ADV, and CADV calculations the
date of the annual Russell Rebalance.
    The Russell Rebalance, which typically occurs in June, is
characterized by high trading volumes, much of which derive from market
participants who are not generally as active entering the market to
rebalance their holdings in-line with the Russell Rebalance.\4\ The
Exchange believes that the high trading volumes during the Russell
Rebalance can significantly impact ADV, CADV and quoting calculations.
The Exchange believes that excluding the date of the Russell Rebalance
will mitigate the uncertainty faced by member organizations as to their
quoting, ADV, and CADV levels and the corresponding rebate amounts
during the month of the Russell Rebalance, thereby providing member
organizations with an increased certainty as to that month's cost for
trades executed on the Exchange. The Exchange further believes that
removing this uncertainty will encourage member organizations to
participate in trading on the Exchange during the remaining trading
days in the month of the Russell Rebalance in a manner intended to be
incented by the Exchange's Price List.
---------------------------------------------------------------------------

    \4\ See, e.g., Securities Exchange Act Release No. 69793 (July
18, 2013), 78 FR 37865, 37866 (July 24, 2013) (SR-BATS-2013-034)
(excluding the Russell Reconstitution Day from the definition of
ADV); Securities Exchange Act Release No. 72002 (April 23, 2014), 79
FR 24028, 24029 (April 29, 2014) (SR-EDGX-2014-10) (same).
---------------------------------------------------------------------------

    To effectuate this change, the Exchange proposes to add a clause to
current footnote * following ``Transaction Fees.'' As proposed, the new
clause would provide that the Exchange may exclude shares traded any
day that ``is the date of the annual reconstitution of the Russell
Investments Indexes.'' The proposed change is similar to, and
consistent with, the rules of the Exchange's affiliates and other self-
regulatory organizations.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., NYSE Arca Equities Fees and Charges, available at
https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf (``the date of the annual
reconstitution of the Russell Investments Indexes does not count
toward volume tiers''); NYSE National, Inc. Schedule of Fees and
Rebates, available at https://www.nyse.com/publicdocs/nyse/regulation/nyse/NYSE_National_Schedule_of_Fees.pdf (``the Exchange
may exclude shares traded any day that . . . is the date of the
annual reconstitution of the Russell Investments Indexes'' for
purposes of determining transaction fees and credits based on
quoting levels, ADV, and CADV); Cboe BZX U.S. Equities Exchange Fee
Schedule, available at https://markets.cboe.com/us/equities/membership/fee_schedule/bzx/(``The Exchange excludes from its
calculation of ADAV and ADV shares added or removed on . . . the
last Friday in June (the `Russell Reconstitution Day')'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers. The Exchange notes that
it operates in a highly fragmented and competitive market in which
competitive forces constrain the Exchange's transaction fees, and
market participants can readily trade on competing venues if they deem
pricing levels at those other venues to be more favorable.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) & (5).
---------------------------------------------------------------------------

The Proposed Change Is Reasonable
    The Exchange believes that it is reasonable to permit the Exchange
to eliminate from the calculation of quoting levels, ADV, and CADV the
date of the annual Russell Rebalance because it will provide member
organizations with a greater level of certainty as to their level of
rebates and fees for trading in the month of the Russell Rebalance. By
eliminating a trading day that would almost certainly lower a member
organization's ADV as a percentage of CADV, the Exchange believes that
the proposal will make the majority of member organizations more likely
to meet the minimum thresholds of higher

tiers, which will provide additional incentive for member organizations
to increase their participation on the Exchange and earn more favorable
rates. As noted above, other self-regulatory organizations have adopted
rules that are substantially similar to the change being proposed by
the Exchange.\8\
---------------------------------------------------------------------------

    \8\ See notes 4-5, supra.
---------------------------------------------------------------------------

The Proposal Is an Equitable Allocation of Fees
    The Exchange believes its proposal equitably allocates its fees
among its market participants. Specifically, the Exchange believes that
the proposal constitutes an equitable allocation of fees because the
exclusion would apply equally to all member organizations and market
participants and to all volume tiers. Further, the Exchange believes
that removing a single known day of atypical trading behavior would
allow all member organizations to more predictably calculate the costs
associated with their trading activity on the Exchange on the Russell
Rebalance day, thereby enabling such participants to operate their
business without concern of unpredictable and potentially significant
changes in revenues and expenses.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory because the exclusion would apply equally to all member
organizations, to all market participants and to all volume tiers.
Moreover, the proposal neither targets nor will it have a disparate
impact on any particular category of market participant. Rather, as
discussed above, the Exchange believes that removing a single known day
of atypical trading behavior would allow all member organizations to
more predictably calculate the credits and fees associated with their
trading activity on the Russell Rebalance day, thereby enabling such
participants to operate their business without concern of unpredictable
and potentially significant changes in expenses.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Rather, as noted above, by eliminating a trading
day that would almost certainly result in lowering a member
organization's ADV as a percentage of CADV, the Exchange believes that
the proposal will benefit the majority of member organizations by
making it more likely for them to meet the minimum thresholds of higher
tiers, which will provide additional incentive for member organizations
to increase their participation on the Exchange and earn more favorable
rates. The Exchange believes that the proposal thus fosters competition
by providing an additional incentive to member organizations to submit
orders to the Exchange. The proposed exclusion would be available to
all similarly-situated market participants, and, as such, the proposed
change would not impose a disparate burden on competition among market
participants on the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Intramarket Competition. The proposed change is designed to
eliminate a trading day that would almost certainly result in lowering
a member organization's ADV as a percentage of CADV. The Exchange
believes that the proposal would provide additional incentive for
member organizations to increase their participation on the Exchange.
Greater liquidity benefits all market participants on the Exchange by
providing more trading opportunities and encourages member
organizations to send orders, thereby contributing to robust levels of
liquidity, which benefits all market participants. The proposed
exclusion would be available to all similarly-situated market
participants, and, as such, the proposed change would not impose a
disparate burden on competition among market participants on the
Exchange.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. In such an
environment, the Exchange must continually adjust its fees and rebates
to remain competitive with other exchanges and with off-exchange
venues. By providing member organizations with a greater level of
certainty as to their level of rebates and costs for trading in the
month of the Russell Rebalance, the Exchange believes that the proposed
change could promote competition between the Exchange and other
execution venues by encouraging member organizations to their
participation on the Exchange in order to earn more favorable rates.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2020-54 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-NYSE-2020-54. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-54 and should be submitted on
or before July 31, 2020.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-14869 Filed 7-9-20; 8:45 am]
BILLING CODE 8011-01-P