[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42248-42252]
[FR Doc No: 2023-13744]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0036; FRL-10790-02-R9]

Air Plan Revisions; California; Sacramento Metropolitan Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove a revision to the
Sacramento Metropolitan Air Quality Management District (SMAQMD)
portion of the California State Implementation Plan (SIP). The revision
concerns the SMAQMD's demonstration regarding reasonably available
control technology (RACT) requirements and negative declarations for
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or
``standards'') in the portion of the Sacramento Metropolitan
nonattainment area under the jurisdiction of the SMAQMD. We are also
correcting sections in the Code of Federal Regulations (CFR) to reflect
the current status of certain provisions of the SMAQMD portions of the
California SIP related to the 1997 8-hour ozone NAAQS.

DATES: This rule is effective July 31, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0036. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with a
disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 5, 2023 (88 FR 20086), the EPA proposed to partially
approve and partially disapprove the California Air Resources Board's
(CARB) submittals of the SMAQMD's 2017 RACT SIP for the 2008 Ozone
National Ambient Air Quality Standards (NAAQS), as listed in Table 1
below.

                      Table 1--Submitted Documents
------------------------------------------------------------------------
     Local agency              Document           Adopted     Submitted
------------------------------------------------------------------------
SMAQMD................  Demonstration of         03/23/2017   05/05/2017
                         Reasonably Available
                         Control Technology
                         for the 2008 Ozone
                         National Ambient Air
                         Quality Standard
                         (NAAQS) (``2017 RACT
                         SIP'').
------------------------------------------------------------------------

    We proposed to partially approve SMAQMD's 2017 RACT SIP and
negative declarations because we determined that, except for the RACT
element for non-CTG major sources of NOX, they complied with
the relevant CAA requirements. We proposed to partially disapprove
SMAQMD's 2017 RACT SIP because several of the District rules relied
upon to implement RACT for non-CTG major sources of NOX
contain provisions that are not consistent with EPA's Startup,
Shutdown, and Malfunction (SSM) Policy. District Rule 413 (Stationary
Gas Turbines) contains a provision that explicitly exempts affected
units from complying with rule standards during periods of startup and
shutdown and does not provide for an alternative emissions limitation
during such periods. District Rule 411 (NOX from Boilers,
Process Heaters, and Steam Generators) and Rule 419 (NOX
from Miscellaneous Combustion Units) both contain monitoring provisions
that preclude the use of specified data for

compliance determinations during periods of startup and shutdown. As
discussed in greater detail in our proposed action, the provisions in
these three rules are inconsistent with EPA policy and Clean Air Act
requirements, and represent the basis for our partial disapproval.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted on the proposed action, and there is no
change to our assessment of the SIP submittals as described in our
proposed action. Therefore, as authorized in section 110(k)(3) of the
Act, the EPA is partially disapproving SMAQMD's 2017 RACT SIP with
respect to the RACT element for the 2008 ozone NAAQS for non-CTG major
sources of NOX, and partially approving the remainder of
SMAQMD's 2017 RACT SIP and negative declarations as meeting the RACT
requirement for the 2008 ozone NAAQS for the remaining categories.
Table 2 summarizes our final action on the RACT elements for the 2008
ozone NAAQS.

                                Table 2--List of RACT Elements--2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                        District rule
         CTG document No.             RACT element      implementing    Negative declaration   EPA final action
                                                            RACT              submitted
----------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102..................  Design Criteria   448 (Gasoline     ....................  Approval.
                                     for Stage I       Transfer Into
                                     Vapor Control--   Stationary
                                     Gasoline          Storage
                                     Service           Containers).
                                     Stations.
EPA-450/2-77-008..................  Surface Coating   452 (Can          ....................  Approval.
                                     of Cans.          Coating).
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Coils.
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Paper.
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Fabric.
EPA-450/2-77-008..................  Surface Coating   ................  Yes.................  Approval.
                                     of Automobiles
                                     and Light-Duty
                                     Trucks.
EPA-450/2-77-022..................  Solvent Metal     454 (Degreasing   ....................  Approval.
                                     Cleaning.         Operations).
EPA-450/2-77-025..................  Refinery Vacuum   ................  Yes.................  Approval.
                                     Producing
                                     Systems,
                                     Wastewater
                                     Separators, and
                                     Process Unit
                                     Turnarounds.
EPA-450/2-77-026..................  Tank Truck        447 (Organic      ....................  Approval.
                                     Gasoline          Liquid Loading).
                                     Loading
                                     Terminals.
EPA-450/2-77-032..................  Surface Coating   451 (Surface      ....................  Approval.
                                     of Metal          Coating of
                                     Furniture.        Miscellaneous
                                                       Metal Parts and
                                                       Products).
EPA-450/2-77-033..................  Surface Coating   ................  Yes.................  Approval.
                                     of Insulation
                                     of Magnet Wire.
EPA-450/2-77-034..................  Surface Coating   ................  Yes.................  Approval.
                                     of Large
                                     Appliances.
EPA-450/2-77-035..................  Bulk Gasoline     447 (Organic      ....................  Approval.
                                     Plants.           Liquid Loading).
EPA-450/2-77-036..................  Storage of        446 (Storage of   ....................  Approval.
                                     Petroleum         Petroleum
                                     Liquids in        Products).
                                     Fixed-Roof
                                     Tanks.
EPA-450/2-77-037..................  Cutback Asphalt.  453 (Cutback and  ....................  Approval.
                                                       Emulsified
                                                       Asphalt Paving
                                                       Materials).
EPA-450/2-78-015..................  Surface Coating   451 (Surface      ....................  Approval.
                                     of                Coating of
                                     Miscellaneous     Miscellaneous
                                     Metal Parts and   Metal Parts and
                                     Products.         Products).
EPA-450/2-78-029..................  Manufacture of    464 (Organic      ....................  Approval.
                                     Synthesized       Chemical
                                     Pharmaceutical    Manufacturing
                                     Products.         Operations).
EPA-450/2-78-030..................  Manufacture of    ................  Yes.................  Approval.
                                     Pneumatic
                                     Rubber Tires.
EPA-450/2-78-032..................  Factory Surface   ................  Yes.................  Approval.
                                     Coating of Flat
                                     Wood Paneling.
EPA-450/2-78-033..................  Graphic Arts--    450 (Graphic      Yes--Rotogravure      Approval.
                                     Rotogravure and   Arts              only.
                                     Flexography.      Operations)--Fl
                                                       exography only.
EPA-450/2-78-036..................  Leaks from        ................  Yes.................  Approval.
                                     Petroleum
                                     Refinery
                                     Equipment.
EPA-450/2-78-047..................  Petroleum Liquid  446 (Storage of   ....................  Approval.
                                     Storage in        Petroleum
                                     External          Products).
                                     Floating Roof
                                     Tanks.
EPA-450/2-78-051..................  Leaks from        447 (Organic      ....................  Approval.
                                     Gasoline Tank     Liquid
                                     Trucks and        Loading); 448
                                     Vapor             (Gasoline
                                     Collection        Transfer Into
                                     Systems.          Stationary
                                                       Storage
                                                       Containers).
EPA-450/3-82-009..................  Large Petroleum   ................  Yes.................  Approval.
                                     Dry Cleaners.
EPA-450/3-83-006..................  Leaks from        443 (Leaks from   ....................  Approval.
                                     Synthetic         Synthetic
                                     Organic           Organic
                                     Chemical          Chemical and
                                     Polymer and       Polymer
                                     Resin             Manufacturing).
                                     Manufacturing
                                     Equipment.
EPA-450/3-83-007..................  Leaks from        ................  Yes.................  Approval.
                                     Natural Gas/
                                     Gasoline
                                     Processing
                                     Plants.
EPA-450/3-83-008..................  Manufacture of    ................  Yes.................  Approval.
                                     High-Density
                                     Polyethylene,
                                     Polypropylene,
                                     and Polystyrene
                                     Resins.
EPA-450/3-84-015..................  Air Oxidation     ................  Yes.................  Approval.
                                     Processes in
                                     Synthetic
                                     Organic
                                     Chemical
                                     Manufacturing
                                     Industry.
EPA-450/4-91-031..................  Reactor           464 (Organic      ....................  Approval.
                                     Processes and     Chemical
                                     Distillation      Manufacturing
                                     Operations in     Operations).
                                     Synthetic
                                     Organic
                                     Chemical
                                     Manufacturing
                                     Industry.
EPA-453/R-96-007..................  Wood Furniture    ................  Yes.................  Approval.
                                     Manufacturing
                                     Operations.
EPA-453/R-94-032; 61 FR 44050; 8/   ACT Surface       ................  Yes.................  Approval.
 27/96.                              Coating at
                                     Shipbuilding
                                     and Ship Repair
                                     Facilities;
                                     Shipbuilding
                                     and Ship Repair
                                     Operations
                                     (Surface
                                     Coating).
EPA-453/R-97-004; 59 FR 29216; 6/   Aerospace MACT    ................  Yes.................  Approval.
 06/94.                              and Aerospace
                                     (CTG & MACT).
EPA-453/R-06-001..................  Industrial        466 (Solvent      ....................  Approval.
                                     Cleaning          Cleaning).
                                     Solvents.
EPA-453/R-06-002..................  Offset            450 (Graphic      ....................  Approval.
                                     Lithographic      Arts
                                     Printing and      Operations).
                                     Letterpress
                                     Printing.
EPA-453/R-06-003..................  Flexible Package  450 (Graphic      ....................  Approval.
                                     Printing.         Arts
                                                       Operations).
EPA-453/R-06-004..................  Flat Wood         ................  Yes.................  Approval.
                                     Paneling
                                     Coatings.
EPA 453/R-07-003..................  Paper, Film, and  ................  Yes.................  Approval.
                                     Foil Coatings.

EPA 453/R-07-004..................  Large Appliance   ................  Yes.................  Approval.
                                     Coatings.
EPA 453/R-07-005..................  Metal Furniture   451 (Surface      ....................  Approval.
                                     Coatings.         Coating of
                                                       Miscellaneous
                                                       Metal Parts and
                                                       Products).
EPA 453/R-08-003..................  Miscellaneous     451 (Surface      ....................  Approval.
                                     Metal Parts       Coating of
                                     Coatings; Table   Miscellaneous
                                     2--Metal Parts    Metal Parts and
                                     and Products.     Products).
EPA 453/R-08-003..................  Miscellaneous     468 (Surface      ....................  Approval.
                                     Plastic Parts     Coating of
                                     Coatings; Table   Plastic Parts
                                     3--Plastic        and Products).
                                     Parts and
                                     Products.
EPA 453/R-08-003..................  Miscellaneous     468 (Surface      ....................  Approval.
                                     Plastic Parts     Coating of
                                     Coatings; Table   Plastic Parts
                                     4--Automotive/    and Products).
                                     Transportation
                                     and Business
                                     Machine Plastic
                                     Parts.
EPA 453/R-08-003..................  Miscellaneous     ................  Yes.................  Approved November
                                     Plastic Parts                                             19, 2020 (85 FR
                                     Coatings; Table                                           73640).\a\
                                     5--Pleasure
                                     Craft Surface
                                     Coating.
EPA 453/R-08-003..................  Miscellaneous     459 (Automotive,  ....................  Approval.
                                     Plastic Parts     Truck, and
                                     Coatings; Table   Heavy Equipment
                                     6--Motor          Refinishing
                                     Vehicle           Operations).
                                     Materials.
EPA 453/R-08-004..................  Fiberglass Boat   ................  Yes.................  Approval.
                                     Manufacturing
                                     Materials.
EPA 453/R-08-005..................  Miscellaneous     ................  Yes.................  Approval.
                                     Industrial
                                     Adhesives.
EPA 453/R-08-006..................  Automobile and    ................  Yes.................  Approval.
                                     Light-Duty
                                     Truck Assembly
                                     Coatings.
                                    Non-CTG Major     411 (NOX from     ....................  Disapproval.\b\
                                     Sources of NOX.   Boilers,
                                                       Process
                                                       Heaters, and
                                                       Steam
                                                       Generators);
                                                       412 (Stationary
                                                       Internal
                                                       Combustion
                                                       Engines); 413
                                                       (Stationary Gas
                                                       Turbines); 419
                                                       (NOX from
                                                       Miscellaneous
                                                       Combustion
                                                       Units).
                                    Non-CTG Major     Source-specific   ....................  Approval.
                                     Sources of VOC.   Requirements.
----------------------------------------------------------------------------------------------------------------
\a\ The regulatory text for the Code of Federal Regulations (CFR) associated with our November 19, 2020 approval
  did not specify that the approval pertained to the 2008 8-hour ozone NAAQS. The state's submittal, however, is
  clear that its negative declaration was for the 2008 8-hour ozone NAAQS and was adopted and submitted in part
  to stop sanctions clocks associated with our February 3, 2017 Finding of Failure to Submit a RACT
  demonstration for that NAAQS (82 FR 9158). In the CFR text for this final action, we are removing any
  ambiguity by clarifying that our 2020 approval addressed the 2008 8-hour ozone NAAQS.
\b\ As described in greater detail in our Technical Support Document (Docket Item B-01), our disapproval for the
  non-CTG major sources of NOX element is based in the deficiencies noted in Rules 411 and 413, as well as the
  lack of SIP-approved RACT level controls for the Mitsubishi Chemical and Carbon Fiber Composites facility due
  to the deficiencies noted in the submitted version of Rule 419.

    We are also correcting an error in the CFR concerning previous
disapprovals for SMAQMD's 2006 RACT SIP for the 1997 8-hour ozone NAAQS
that are codified in 40 CFR 52.237(b)(1)(i). SMAQMD has since addressed
these disapprovals, but in our rulemakings approving SMAQMD's
submittals to address these disapprovals, we failed to remove the
language in the CFR that codified the disapprovals, which could result
in public confusion about the status of the California SIP.
    On December 4, 2017, the EPA published two final rules entitled
``Approval of California Air Plan Revisions, Sacramento Metropolitan
Air Quality Management District'' (82 FR 57123 and 82 FR 57130) which
approved revisions to the SMAQMD portion of the California SIP. The
approved revisions fixed the deficiencies identified in our partial
disapproval of SMAQMD's 2006 RACT SIP for the 1997 8-hour ozone NAAQS
(81 FR 53280, August 12, 2016) with respect to the requirement to
establish RACT-level controls for sources covered by the pharmaceutical
products manufacturing category, as well as source-specific VOC
requirements for the Kiefer Landfill. However, the EPA's final rules
inadvertently failed to include amendatory instructions to remove these
identified elements from the regulatory text at 40 CFR 52.237(b)(1)(i),
where they are listed as disapproved elements of SMAQMD's 2006 RACT
SIP. This action corrects the regulatory text to reflect the current
status of SMAQMD's RACT obligations for the 1997 8-hour ozone NAAQS.
    The EPA has determined that this action to correct the regulatory
text related to these disapprovals falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedure Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary, or contrary to public
interest. Public notice and comment for this action to correct
regulatory text is unnecessary because the underlying rules were
already subject to a 30-day comment period, the final actions on these
rules state that the deficiencies were cured, and this action is merely
updating the regulatory text accordingly. Further, this action is
consistent with the purpose and rationale of the final rules. Because
this action does not change the EPA's analyses or overall actions, no
purpose would be served by additional public notice and comment.
Consequently, additional public notice and comment are unnecessary.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provision of the Act and applicable
federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action partially approves and partially
disapproves state law as meeting federal requirements and does not
impose additional requirements beyond those imposed by state law.
    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not

impose additional requirements beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    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.''
    The District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The 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 goals of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and indigenous peoples.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the 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).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 29, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 22, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(599) to read as
follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (599) The following plan was submitted on May 5, 2017, by the
Governor's designee as an attachment to a letter dated May 5, 2017.
    (i) [Reserved]
    (ii) Additional Materials.
    (A) Sacramento Metropolitan Air Quality Management District.

    (1) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) for the 2008 8-Hour Ozone National Ambient
Air Quality Standards (NAAQS) (``Demonstration of Reasonably Available
Control Technology for the 2008 Ozone NAAQS''), as adopted on March 23,
2017, except the RACT determination for non-CTG major sources of
NOX.
    (2) [Reserved]
* * * * *

0
3. Section 52.222 is amended by revising paragraph (a)(2)(v) to read as
follows:

Sec.  52.222  Negative declarations.

* * * * *
    (a) * * *
    (2) * * *
    (v) The following negative declarations for the 2008 ozone NAAQS
were adopted by the Sacramento Metropolitan Air Quality Management
District.

----------------------------------------------------------------------------------------------------------------
                                                                              Adopted: 3/22/     Adopted: 3/23/
                                                                            2018 Submitted: 6/ 2017 Submitted: 5/
              CTG document No.                           Title                 11/2018 SIP         5/2017 SIP
                                                                             approved: 11/19/   approved: 6/30/
                                                                                2020               2023
----------------------------------------------------------------------------------------------------------------
(A) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of Coils.
(B) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of Paper.
(C) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of
                                              Fabrics.
(D) EPA-450/2-77-008.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              II: Surface Coating of
                                              Automobiles and Light-Duty
                                              Trucks.
(E) EPA-450/2-77-025.......................  Control of Refinery Vacuum     .................                 X
                                              Producing Systems,
                                              Wastewater Separators, and
                                              Process Unit Turnarounds.
(F) EPA-450/2-77-033.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              IV: Surface Coating of
                                              Insulation of Magnet Wire.
(G) EPA-450/2-77-034.......................  Control of Volatile Organic    .................                 X
                                              Emissions from Existing
                                              Stationary Sources--Volume
                                              V: Surface Coating of Large
                                              Appliances.
(H) EPA-450/2-78-030.......................  Manufacture of Pneumatic       .................                 X
                                              Rubber Tires.
(I) EPA-450/2-78-032.......................  Factory Surface Coating of     .................                 X
                                              Flat Wood Paneling.
(J) EPA-450/2-78-033.......................  Graphic Arts--Rotogravure and  .................                 X
                                              Flexography (Rotogravure
                                              only).
(K) EPA-450/2-78-03........................  Leaks from Petroleum Refinery  .................                 X
                                              Equipment.
(L) EPA-450/3-82-009.......................  Large Petroleum Dry Cleaners.  .................                 X
(M) EPA-450/3-83-007.......................  Leaks from Natural Gas/        .................                 X
                                              Gasoline Processing Plants.
(N) EPA-450/3-83-008.......................  Manufacture of High-Density    .................                 X
                                              Polyethylene, Polypropylene,
                                              and Polystyrene Resins.
(O) EPA-450/3-84-015.......................  Air Oxidation Processes in     .................                 X
                                              Synthetic Organic Chemical
                                              Manufacturing Industry.
(P) EPA-453/R-94-032.......................  Alternative Control            .................                 X
                                              Technology Document--Surface
                                              Coating Operations at
                                              Shipbuilding and Ship Repair
                                              Facilities.
                                             Shipbuilding and Ship Repair
                                              Operations (Surface
                                              Coating), see the Federal
                                              Register of 08/27/96..
(Q) EPA-453/R-97-004.......................  Control of Volatile Organic    .................                 X
                                              Compound Emissions from
                                              Coating Operations at
                                              Aerospace Manufacturing and
                                              Rework Operations.
                                             Aerospace MACT, see the
                                              Federal Register of 06/06/
                                              94..
(R) EPA-453/R-06-004.......................  Flat Wood Paneling Coatings..  .................                 X
(S) EPA 453/R-07-003.......................  Paper, Film, and Foil          .................                 X
                                              Coatings.
(T) EPA 453/R-07-004.......................  Large Appliance Coatings.....  .................                 X
(U) EPA 453/R-08-003.......................  Miscellaneous Metal and                       X   .................
                                              Plastic Parts Coatings
                                              (Table 5--Pleasure Craft
                                              Surface Coating).
(V) EPA 453/R-08-004.......................  Fiberglass Boat Manufacturing  .................                 X
                                              Materials.
(W) EPA 453/R-08-005.......................  Miscellaneous Industrial       .................                 X
                                              Adhesives.
(X) EPA 453/R-08-006.......................  Automobile and Light-Duty      .................                 X
                                              Truck Assembly Coatings.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. Section 52.237 is amended by removing and reserving paragraph
(b)(1)(i), and adding paragraph (b)(1)(iii) to read as follows:

Sec.  52.237  Part D disapproval.

* * * * *
    (b) * * *
    (1) * * *
    (iii) RACT determination for non-CTG major sources of Nitrogen
Oxides (NOX) for the 2008 ozone NAAQS, as contained in the
submittal titled ``Demonstration of Reasonably Available Control
Technology for the 2008 Ozone NAAQS'', as adopted on March 23, 2017,
and submitted on May 5, 2017.
* * * * *
[FR Doc. 2023-13744 Filed 6-29-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14436-14437]
[FR Doc No: 2016-06022]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Tennessee Gas Pipeline, L.L.C.; Notice of Availability of the
Environmental Assessment for the Proposed Broad Run Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the Broad
Run Expansion Project (Project), proposed by Tennessee Gas Pipeline,
L.L.C. (Tennessee) in the above-referenced docket. Tennessee requests
authorization and a Certificate of Public Convenience and Necessity
pursuant to sections 7(b) and 7(c) of the Natural Gas Act to construct
new compressor stations and replace compression facilities in West
Virginia, Kentucky, and Tennessee. The purpose of the Project is to
provide an additional 200,000 dekatherms per day of firm incremental
transportation service and to replace older, less efficient compression
facilities with new, more efficient compression facilities.
    The EA assesses the potential environmental effects of the
construction and operation of the Broad Run Expansion Project in
accordance with the requirements of the National Environmental Policy
Act (NEPA). The FERC staff concludes that approval of the proposed
Project, with appropriate mitigating measures, would not constitute a
major federal action

significantly affecting the quality of the human environment.
    The West Virginia Department of Environmental Protection
participated as a cooperating agency in the preparation of the EA.
Cooperating agencies have jurisdiction by law or special expertise with
respect to resources potentially affected by the proposal and
participate in the NEPA analysis.
    The EA addresses the potential environmental effects of the
construction, modification, and operation of the following facilities
associated with the Project:
     Four new compressor stations (CS): Two in Kanawha County,
West Virginia (CS 118A and CS 119A); one in Madison County, Kentucky
(CS 875); and one in Davidson County, Tennessee (CS 563); and
     modifications (including abandonment and replacement of
certain compression units, system components, and associated
facilities) at the existing Clay City Compressor Station in Powell
County, Kentucky (CS 106), and the existing Catlettsburg Compressor
Station in Boyd County, Kentucky (CS 114).
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; and newspapers and libraries in the project area. Paper copy
versions of the EA were mailed to those specifically requesting them;
all others received a CD version. In addition, the EA is available for
public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary
link. A limited number of copies of the EA are available for
distribution and public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that your comments are properly recorded and considered prior to
a Commission decision on the proposal, it is important that the FERC
receives your comments on or before April 11, 2016.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (CP15-77-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (Title 18 Code of Federal Regulations Part
385.214).\1\ Only intervenors have the right to seek rehearing of the
Commission's decision. The Commission grants affected landowners and
others with environmental concerns intervenor status upon showing good
cause by stating that they have a clear and direct interest in this
proceeding that no other party can adequately represent. Simply filing
environmental comments will not give you intervenor status, but you do
not need intervenor status to have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP15-
77). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: March 11, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-06022 Filed 3-16-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Notices]
[Pages 48531-48532]
[FR Doc No: 2015-19916]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9920-72-OEI]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's approval of the State of Alaska's
request to revise/modify certain of its EPA-authorized programs to
allow electronic reporting.

DATES: EPA's approval is effective August 13, 2015.

FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-
1175<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems

that the state, tribe, or local government will use to implement the
electronic reporting. Additionally, Sec.  3.1000(b) through (e) of 40
CFR part 3, subpart D provides special procedures for program revisions
and modifications to allow electronic reporting, to be used at the
option of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements. Once an authorized
program has EPA's approval to accept electronic documents under certain
programs, CROMERR Sec.  3.1000(a)(4) requires that the program keep EPA
apprised of any changes to laws, policies, or the electronic document
receiving systems that have the potential to affect the program's
compliance with CROMERR Sec.  3.2000.
    On May 8, 2015, the Alaska Department of Environmental Conservation
(ADEC) submitted an amended application titled Air Online Service
System for revisions/modifications to its EPA-approved program under
title 40 CFR to allow new electronic reporting. EPA reviewed ADEC's
request to revise/modify its EPA-authorized programs and, based on this
review, EPA determined that the application met the standards for
approval of authorized program revisions/modifications set out in 40
CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice
of EPA's decision to approve Alaska's request to revise/modify its
following EPA-authorized programs to allow electronic reporting under
40 CFR parts 51, 52, 60-63, and 70 is being published in the Federal
Register: Part 52--Approval and Promulgation of Implementation Plans;
Part 60--Standards Of Performance For New Stationary Sources: Part 62--
Approval and Promulgation of State Plans for Designated Facilities and
Pollutants; and Part 70--State Operating Permit Programs.
    ADEC was notified of EPA's determination to approve its application
with respect to the authorized programs listed above.

Matthew Leopard,
Director, Office of Information Collection.
[FR Doc. 2015-19916 Filed 8-12-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]
[Page 5317-5318]
[DOCID:fr02fe10-61]

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

[FRL-9108-5; Docket ID No. EPA-HQ-ORD-2009-0613]

Exposure Factors Handbook: 2009 Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Peer-Review Workshop.

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

SUMMARY: EPA is announcing that Eastern Research Group, Inc. (ERG), an
EPA contractor for external scientific peer review, will convene an
independent panel of experts and organize and conduct an external peer-
review workshop on March 3-4, 2010, to review the external review draft
document titled, ``Exposure Factors Handbook 2009 Update'' (EPA/600/R-
09/052A). EPA previously announced the 60-day public comment period
(ending December 7, 2009) for the draft document in the Federal
Register on October 7, 2009 (74 FR 51592). The draft document was
prepared by the National Center for Environmental Assessment (NCEA)
within EPA's Office of Research and Development. The Exposure Factors
Handbook provides information on various physiological and behavioral
factors commonly used in assessing exposure to environmental chemicals.
The handbook was first published in 1989 and was updated in 1997. This
updated version incorporates data available since 1997 up to June 2009.
It also reflects the revisions made to the Child-Specific Exposure
Factors Handbook, which was updated and published in 2008. Each chapter
in the revised Exposure Factors Handbook presents recommended values
for the exposure factors covered in the chapter as well as a discussion
of the underlying data used in developing the recommendations.
    The public comment period and the external peer-review workshop are
separate processes that provide opportunities for all interested
parties to comment on the document. EPA intends to forward public
comments submitted in accordance with the October 7, 2009, Federal
Register notice (74 FR 51592) to ERG, for consideration by the external
peer-review panel prior to the workshop. EPA will consider public
comments and recommendations from the expert panel workshop as EPA
finalizes the draft document.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination.
    ERG invites the public to register to attend this workshop as
observers. In addition, ERG invites the public to give oral comments at
the workshop regarding the draft document under review. Members of the
public interested in making oral comments at the workshop should also
provide ERG with an electronic copy of their comments. Space is
limited, and reservations will be accepted on a first-come, first-
served basis. The draft document and EPA's peer-review charge are only
available via the Internet on NCEA's home page under the Recent
Additions menu at http://www.epa.gov/ncea. In preparing a final report,
EPA will consider ERG's report of the comments and recommendations from
the external peer-review workshop and any public comments that EPA
received.

DATES: The peer-review panel workshop will begin on Wednesday, March 3,
2010, at 8 a.m., and will end on Thursday, March 4, 2010, at

approximately 12 p.m. Eastern Standard Time.

ADDRESSES: The peer-review workshop will be held at the Sheraton
Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA 22202.
The EPA contractor, ERG, is organizing, convening, and conducting the
peer-review workshop. To attend the workshop, register by February 24,
2010, by calling ERG at<PHONE_NUMBER> or toll free at<PHONE_NUMBER> (ask
for the EFH peer-review coordinator, Laurie Waite). You may register
via the Internet at https://www2.ergweb.com/projects/conferences/
peerreview/register-efh.htm, or by sending a facsimile to<PHONE_NUMBER>
(please reference: ``EFH peer-review workshop'' and include your name,
title, affiliation, full address, and contact information). Please
indicate if you would like to make oral comments at the workshop. You
may also register by sending an e-mail to<EMAIL_ADDRESS>(subject
line: ``EFH peer-review workshop'' and include your name, title,
affiliation, full address, and contact information). Please indicate if
you would like to make oral comments at the workshop. The draft
``Exposure Factors Handbook: 2009 Update'' is only available via the
Internet on the National Center for Environmental Assessment's home
page under the Recent Additions menu at http://www.epa.gov/ncea. No
printed copies are available because of the size of the document.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the ``Exposure Factors Handbook: 2009
Update'' peer-review workshop and will make every effort to accommodate
persons with disabilities. For information on access or services for
individuals with disabilities, please contact ERG, 110 Hartwell Avenue,
Lexington, MA 02421-3136; telephone:<PHONE_NUMBER>; facsimile: 781-674-
2906; or e-mail<EMAIL_ADDRESS>(subject line: EFH peer-review
workshop), preferably at least 10 days prior to the meeting, to give as
much time as possible to process your request.

FOR FURTHER INFORMATION CONTACT: Questions regarding information,
registration, access or services for individuals with disabilities, or
logistics for the external peer-review workshop should be directed to
ERG, 110 Hartwell Avenue, Lexington, MA 02421-3136; telephone: 781-674-
7374; facsimile:<PHONE_NUMBER>; or e-mail<EMAIL_ADDRESS>(subject
line: EFH peer-review workshop). To request accommodation of a
disability, please contact Laurie Waite at ERG (contact information
above), preferably at least 10 days prior to the workshop, to give as
much time as possible to process your request. If you have questions
about the document, please contact Jacqueline Moya, National Center for
Environmental Assessment (NCEA), 1200 Pennsylvania Ave, NW., 8601P,
Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>;
or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About the Document

    The Exposure Factors Handbook provides a summary of the available
statistical data on various factors used in assessing human exposure.
This Handbook is aimed at exposure assessors inside the Agency as well
as those outside who use data on standard factors to calculate human
exposure to toxic chemicals. These factors include: Drinking water
consumption; mouthing behavior; soil ingestion rates; inhalation rates;
dermal factors, including skin area and soil adherence factors;
consumption of fruits and vegetables, fish, meats, dairy products, and
homegrown foods; breast milk intake; human activity factors; consumer
product use; and residential characteristics. Recommended values are
for the general population and also for various segments of the
population who may have characteristics different from the general
population.

    Dated: January 26, 2010.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-2155 Filed 2-1-10; 8:45 am]
BILLING CODE 6560-50-P


Table 1: Two Component Model Estimates and Diagnostics ( AAMA, All data)

Analyte Lab alpha beta epsilon eta error Al 1 31.194 1.00228 13.438 0.01757 0 Al 2 131.816 0.98186 71.719 0.0049 0 Al 3 11.801 0.88346 8.784 0.01247 0 Al 4 167.712 0.95123 244.282 0.26863 0 Al 5 107.284 0.85664 16.025 0.03632 0 Al 6 71.333 0.99096 20.413 0.04841 0 Al 7  73.157 0.94439 39.647 0.08311 0 Al 8 60.535 0.84957 54.068 0.00544 0 Al 9 99.508 0.92364 128.64 0.00815 0 Ar 1 6.769 1.02237 10.246 0.02036 0 Ar 2 17.579 0.97365 53.429 0.03955 0 Ar 3  0.257 0.91382 3.968 0.01254 0 Ar 4  9.44 1.01869 26.547 0.04368 0 Ar 5  3.381 0.93882 1.497 0.01307 0 Ar 6 1.561 0.9655 7.985 0.01001 0 Ar 7  0.66 0.98663 25.473 0.02652 0 Ar 8  0.854 0.94487 4.377 0.03308 0 Ar 9 3.176 0.99198 23.278 0.0246 0 Cd 1  0.918 0.99843 1.523 0.03639 0 Cd 2 0.89 0.9773 3.586 0.04634 0 Cd 3 0.147 0.87569 0.261 0.02675 0 Cd 4  5.689 1.02216 5.286 0.10607 0 Cd 5  0.463 0.9534 0.365 0.01696 0 Cd 6 0.649 0.9313 1.364 0.03937 0 Cd 7  0.944 0.91109 1.104 0.04649 0 Cd 8  0.286 0.96721 0.411 0.04007 0 Cd 9  1.059 0.99341 0.935 0.04078 0 Cr 1  5.228 1.02685 8.125 0.00077 0 Cr 2 0.404 0.98561 1.302 0.04102 0 Cr 3 0.268 0.92954 0.625 0.02529 0 Cr 4  3.12 0.98757 8.282 0.0561 0 Cr 5 1.384 0.96969 0.878 0.02718 0 Cr 6 0.028 0.98159 1.909 0.01683 0 Cr 7 0.841 0.93766 4.233 0.03375 0 Cr 8 1.563 0.98529 2.874 0.03847 0 Cr 9  0.165 0.9901 3.909 0.04293 0 Cu 1 1.07 1.00676 1.418 0.09131 0 Cu 2 1.359 1.00961 1.56 0.03965 0 Cu 3 0.76 0.9073 0.421 0.02482 0 Cu 4 22.708 0.99513 36.693 0.10818 0 Cu 5 2.475 0.97042 1.6 0.03442 0 Cu 6 1.243 0.96449 2.591 0.01819 0 Cu 7 2.043 0.93573 4.867 0.04727 0 Cu 8  0.724 0.89641 2.35 0.04686 0 Cu 9 10.28 0.955 26.794 0.00932 0 Pb 1  3.036 1.01887 7.572 0.031 0 Pb 2 14.381 0.74448 21.358 0.72511 0 Pb 3 1.852 0.89577 3.93 0.02461 0 Pb 4  2.988 1.05661 20.72 0.05011 0 Pb 5 2.026 0.94815 0.511 0.02051 0 Pb 6 0.074 0.94864 9.702 0.03733 0 Pb 7  2.6397 0.90731 11.1483 0.0456 0 Pb 8 1.668 0.95099 3.1337 0.04057 0 Pb 9 4.1798 0.94524 15.7244 0.02934 0 Table 1: Two Component Model Estimates and Diagnostics ( AAMA, All data)

Analyte Lab alpha beta epsilon eta error Mg 1 0.6032 0.99089 1.3298 0.00272 0 Mg 2  4.3745 1.01297 5.5123 0.01244 0 Mg 3 0.2596 0.9151 0.4968 0.01012 0 Mg 4 16.3345 0.61505 52.7602 0.21928 0 Mg 5 0.4585 0.9748 0.2718 0.03354 0 Mg 6 0.6867 0.969 1.673 0.06494 0 Mg 7  0.0077 0.92065 0.6063 0.04252 0 Mg 8  0.0548 0.96725 0.9466 0.03343 0 Mg 9 2.2373 0.98082 3.1197 0.04017 0 Hg 1  0.0203 0.81605 0.0563 0.13752 0 Hg 2  0.0348 1.03619 0.0513 0.03084 0 Hg 3  0.0238 0.87077 0.0266 0.26552 0 Hg 4 0.0597 0.85475 0.0866 0.14247 0 Hg 5 0.0201 0.85646 0.0256 0.07768 0 Hg 6 0.5106 1.08121 0.4641 0.75037 0 Hg 7 0.0055 0.90513 0.067 0.10233 0 Hg 8  0.023 0.61807 0.046 0.27293 0 Hg 9 0.0435 0.90415 0.0374 0.09934 0 Mo 1 0.5722 1.00684 2.5959 0.01954 0 Mo 2  4.2038 0.94877 20.3995 0.00281 0 Mo 3 0.9136 0.89945 0.8067 0.05342 0 Mo 4  5.1452 0.98849 7.3887 0.06793 0 Mo 5 0.2901 0.94945 0.6073 0.03118 0 Mo 6 2.136 0.8956 2.7656 0.07889 0 Mo 7  5.6771 0.93069 6.7174 0.05337 0 Mo 8  1.1036 0.9014 2.8265 0.00655 0 Mo 9  1.397 0.95573 3.8564 0.05249 0 Ni 1  1.8593 1.01994 2.934 0.01316 0 Ni 2  3.9246 0.72659 16.1007 0.50156 0 Ni 3 1.4815 0.92333 1.1879 0.01945 0 Ni 4 8.247 0.94527 22.9391 0.04799 0 Ni 5 2.4314 0.94444 2.5663 0.0004 0 Ni 6 3.5617 1.25344 4.5933 0.6404 0 Ni 7 2.1829 0.9043 3.7356 0.01558 0 Ni 8 1.384 0.94823 1.6742 0.04639 0 Ni 9 0.1884 0.97521 3.6794 0.04683 0 Se 1  6.0393 0.98645 12.3843 0.03413 0 Se 2  12.2356 0.78063 53.0884 0.73392 0 Se 3 1.8632 0.88274 5.337 0.04543 0 Se 4  36.0609 0.84025 53.7903 0.04848 0 Se 5 0.513 0.83676 1.6719 0.02276 0 Se 6  1.4683 0.6033 8.6614 0.71865 0 Se 7  12.9318 0.86463 21.1947 0.06223 0 Se 8 1.0412 0.85007 2.8739 0.09018 0 Se 9 3.1021 0.94532 32.0918 0.08392 0 Ag 1 1.2933 0.98274 1.8043 0.01083 0 Ag 2  0.7143 0.90592 0.9434 0.15792 0 Ag 3 0.178 0.91416 0.4044 0.02361 0 Ag 4 22.7419 0.98236 38.6262 0.18868 0 Ag 5 0.1049 0.938 0.3222 0.02544 0 Ag 6 1.7408 1.08566 2.1272 0.41781 0 Ag 7 1.362 0.88438 3.6603 0.00108 0 Ag 8 1.0524 0.89025 2.1262 0.03447 0 Ag 9  0.0127 0.86599 0.4349 0.05629 0 Zn 1 5.8084 1.00048 3.38 0.00538 0 Zn 2  8.2428 0.98901 38.6939 0.09452 0 Zn 3 3.7667 0.87482 1.7277 0.02295 0 Zn 4 5.0748 1.03564 7.6364 0.15439 0 Zn 5 4.6839 0.86664 3.1849 0.03314 0 Zn 6 3.688 0.92878 2.3506 0.01481 0 Zn 7 23.9331 0.88622 6.8673 0.06048 0 Zn 8 11.05 0.90585 11.3818 0.01364 0 Zn 9 4.1338 1.16869 7.4909 0.89734 0 Table 1: Two Component Model Estimates and Diagnostics ( AAMA, All data)

Analyte Lab alpha beta epsilon eta error Al 1 31.194 1.002 13.438 0.0176 0 Al 2 131.816 0.982 71.719 0.0049 0 Al 3 11.801 0.883 8.784 0.0125 0 Al 4 167.712 0.951 244.282 0.2686 0 Al 5 107.284 0.857 16.025 0.0363 0 Al 6 71.333 0.991 20.413 0.0484 0 Al 7  73.157 0.944 39.647 0.0831 0 Al 8 60.535 0.850 54.068 0.0054 0 Al 9 99.508 0.924 128.640 0.0082 0 Ar 1 6.769 1.022 10.246 0.0204 0 Ar 2 17.579 0.974 53.429 0.0396 0 Ar 3  0.257 0.914 3.968 0.0125 0 Ar 4  9.440 1.019 26.547 0.0437 0 Ar 5  3.381 0.939 1.497 0.0131 0 Ar 6 1.561 0.966 7.985 0.0100 0 Ar 7  0.660 0.987 25.473 0.0265 0 Ar 8  0.854 0.945 4.377 0.0331 0 Ar 9 3.176 0.992 23.278 0.0246 0 Cd 1  0.918 0.998 1.523 0.0364 0 Cd 2 0.890 0.977 3.586 0.0463 0 Cd 3 0.147 0.876 0.261 0.0268 0 Cd 4  5.689 1.022 5.286 0.1061 0 Cd 5  0.463 0.953 0.365 0.0170 0 Cd 6 0.649 0.931 1.364 0.0394 0 Cd 7  0.944 0.911 1.104 0.0465 0 Cd 8  0.286 0.967 0.411 0.0401 0 Cd 9  1.059 0.993 0.935 0.0408 0 Cr 1  5.228 1.027 8.125 0.0008 0 Cr 2 0.404 0.986 1.302 0.0410 0 Cr 3 0.268 0.930 0.625 0.0253 0 Cr 4  3.120 0.988 8.282 0.0561 0 Cr 5 1.384 0.970 0.878 0.0272 0 Cr 6 0.028 0.982 1.909 0.0168 0 Cr 7 0.841 0.938 4.233 0.0338 0 Cr 8 1.563 0.985 2.874 0.0385 0 Cr 9  0.165 0.990 3.909 0.0429 0 Cu 1 1.070 1.007 1.418 0.0913 0 Cu 2 1.359 1.010 1.560 0.0397 0 Cu 3 0.760 0.907 0.421 0.0248 0 Cu 4 22.708 0.995 36.693 0.1082 0 Cu 5 2.475 0.970 1.600 0.0344 0 Cu 6 1.243 0.964 2.591 0.0182 0 Cu 7 2.043 0.936 4.867 0.0473 0 Cu 8  0.724 0.896 2.350 0.0469 0 Cu 9 10.280 0.955 26.794 0.0093 0 Pb 1  3.036 1.019 7.572 0.0310 0 Pb 2 14.381 0.744 21.358 0.7251 0 Pb 3 1.852 0.896 3.930 0.0246 0 Pb 4  2.988 1.057 20.720 0.0501 0 Pb 5 2.026 0.948 0.511 0.0205 0 Pb 6 0.074 0.949 9.702 0.0373 0 Pb 7  2.640 0.907 11.148 0.0456 0 Pb 8 1.668 0.951 3.134 0.0406 0 Pb 9 4.180 0.945 15.724 0.0293 0 Table 1: Two Component Model Estimates and Diagnostics ( AAMA, All data)

Analyte Lab alpha beta epsilon eta error Mg 1 0.603 0.991 1.330 0.0027 0 Mg 2  4.375 1.013 5.512 0.0124 0 Mg 3 0.260 0.915 0.497 0.0101 0 Mg 4 16.335 0.615 52.760 0.2193 0 Mg 5 0.459 0.975 0.272 0.0335 0 Mg 6 0.687 0.969 1.673 0.0649 0 Mg 7  0.008 0.921 0.606 0.0425 0 Mg 8  0.055 0.967 0.947 0.0334 0 Mg 9 2.237 0.981 3.120 0.0402 0 Hg 1  0.020 0.816 0.056 0.1375 0 Hg 2  0.035 1.036 0.051 0.0308 0 Hg 3  0.024 0.871 0.027 0.2655 0 Hg 4 0.060 0.855 0.087 0.1425 0 Hg 5 0.020 0.856 0.026 0.0777 0 Hg 6 0.511 1.081 0.464 0.7504 0 Hg 7 0.006 0.905 0.067 0.1023 0 Hg 8  0.023 0.618 0.046 0.2729 0 Hg 9 0.044 0.904 0.037 0.0993 0 Mo 1 0.572 1.007 2.596 0.0195 0 Mo 2  4.204 0.949 20.400 0.0028 0 Mo 3 0.914 0.899 0.807 0.0534 0 Mo 4  5.145 0.988 7.389 0.0679 0 Mo 5 0.290 0.949 0.607 0.0312 0 Mo 6 2.136 0.896 2.766 0.0789 0 Mo 7  5.677 0.931 6.717 0.0534 0 Mo 8  1.104 0.901 2.827 0.0066 0 Mo 9  1.397 0.956 3.856 0.0525 0 Ni 1  1.859 1.020 2.934 0.0132 0 Ni 2  3.925 0.727 16.101 0.5016 0 Ni 3 1.482 0.923 1.188 0.0195 0 Ni 4 8.247 0.945 22.939 0.0480 0 Ni 5 2.431 0.944 2.566 0.0004 0 Ni 6 3.562 1.253 4.593 0.6404 0 Ni 7 2.183 0.904 3.736 0.0156 0 Ni 8 1.384 0.948 1.674 0.0464 0 Ni 9 0.188 0.975 3.679 0.0468 0 Se 1  6.039 0.986 12.384 0.0341 0 Se 2  12.236 0.781 53.088 0.7339 0 Se 3 1.863 0.883 5.337 0.0454 0 Se 4  36.061 0.840 53.790 0.0485 0 Se 5 0.513 0.837 1.672 0.0228 0 Se 6  1.468 0.603 8.661 0.7187 0 Se 7  12.932 0.865 21.195 0.0622 0 Se 8 1.041 0.850 2.874 0.0902 0 Se 9 3.102 0.945 32.092 0.0839 0 Ag 1 1.293 0.983 1.804 0.0108 0 Ag 2  0.714 0.906 0.943 0.1579 0 Ag 3 0.178 0.914 0.404 0.0236 0 Ag 4 22.742 0.982 38.626 0.1887 0 Ag 5 0.105 0.938 0.322 0.0254 0 Ag 6 1.741 1.086 2.127 0.4178 0 Ag 7 1.362 0.884 3.660 0.0011 0 Ag 8 1.052 0.890 2.126 0.0345 0 Ag 9  0.013 0.866 0.435 0.0563 0 Zn 1 5.808 1.000 3.380 0.0054 0 Zn 2  8.243 0.989 38.694 0.0945 0 Zn 3 3.767 0.875 1.728 0.0230 0 Zn 4 5.075 1.036 7.636 0.1544 0 Zn 5 4.684 0.867 3.185 0.0331 0 Zn 6 3.688 0.929 2.351 0.0148 0 Zn 7 23.933 0.886 6.867 0.0605 0 Zn 8 11.050 0.906 11.382 0.0136 0 Zn 9 4.134 1.169 7.491 0.8973 0


[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
[Pages 2634-2636]
[FR Doc No: 2019-01391]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85037; File No. SR-NYSE-2018-67]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List To Modify the Incremental Step Up Tier for
Supplemental Liquidity Providers

February 1, 2019.
    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 December 26, 2018, 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,
II, and III 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.
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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 its Price List to modify the
incremental step up tier for Supplemental Liquidity Providers
(``SLPs'') (``Incremental SLP Step Up Tier''). The Exchange proposes to
implement the fee change to its Price List effective January 2, 2019.
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 modify the
Incremental SLP Step Up Tier. The Exchange proposes to implement the
fee change to its Price List effective January 2, 2019.
    Pursuant to the Incremental SLP Step Up Tier, the Exchange
currently provides an incremental credit to a SLP in addition to the
SLP's tiered or non-tiered credit for adding displayed liquidity if the
SLP (1) meets the 10% average or more quoting requirement in an
assigned security pursuant to Rule 107B (quotes of an SLP-Prop and an
SLMM of the same member organization shall not be aggregated) (the
``Quoting Requirement''), and (2) adds liquidity for all assigned SLP
securities in the aggregate (including shares of both an SLP-Prop and
an SLMM of the same or an affiliated member organization) of an average
daily trading volume (``ADV'') \4\ of a NYSE consolidated average daily
volume (``CADV'') in the billing month over the SLP's adding liquidity
for all assigned SLP securities in the aggregate (including shares of
both an SLP-Prop and an SLMM of the same or an affiliated member
organization) as a percent of NYSE CADV in the second quarter of 2018,
as follows:
---------------------------------------------------------------------------

    \4\ Footnote 2 to the Price List defines ADV as ``average daily
volume''. The Exchange is not proposing to change this definition.
---------------------------------------------------------------------------

     SLPs that (1) meet the Quoting Requirement, and (2) add
liquidity for all assigned SLP securities in the aggregate (including
shares of both an SLP-Prop and an SLMM of the same or an affiliated
member organization) of an ADV of more than 0.10% of NYSE CADV in the
billing month over the SLP's adding liquidity for all assigned SLP
securities in the aggregate (including shares of both an SLP-Prop and
an SLMM of the same or an affiliated member organization) as a percent
of NYSE CADV in the second quarter of 2018, receive an incremental
credit of $0.0001 per share.
     SLPs that (1) meet the Quoting Requirement, and (2) add
liquidity for all assigned SLP securities in the aggregate (including
shares of both an SLP-Prop and an SLMM of the same or an affiliated
member organization) of an ADV of more than 0.15% of NYSE CADV in the
billing month over the SLP's adding liquidity for all assigned SLP
securities in the aggregate (including shares of both an SLP-Prop and
an SLMM of the same or an affiliated member organization) as a percent
of NYSE CADV in the second quarter of 2018, receive an incremental
credit of $0.0002 per share.
     SLPs that (1) meet the Quoting Requirement, and (2) add
liquidity for all assigned SLP securities in the aggregate (including
shares of both an SLP-Prop and an SLMM of the same or an affiliated
member organization) of an ADV of more than 0.25% of NYSE CADV in the
billing month over the SLP's adding liquidity for all assigned SLP
securities in the aggregate (including shares of both an SLP-Prop and
an SLMM of the same or an affiliated member organization) as a percent
of NYSE CADV in the second quarter of 2018, receive an incremental
credit of $0.0003 per share.
    SLPs can only qualify for one of the three credits in a billing
month. Further, the combined SLP credits are currently capped at
$0.0032 per share in a billing month.
    The Exchange proposes to modify the second prong of the Incremental
SLP Step Up Tier by adopting an alternative qualification basis for
SLPs to qualify for the incremental credit. As proposed, SLPs would
continue to qualify for the one of the incremental credits if the SLP
adds liquidity for all assigned SLP securities in the aggregate
(including shares of both an SLP-Prop and an SLMM of the same or an
affiliated member organization) of an ADV of more than 0.10%, 0.15%, or
0.25% of NYSE CADV in the billing month over the SLP's adding liquidity
for all assigned SLP securities in the aggregate (including shares of
both an SLP-Prop and an SLMM of the same or an affiliated member
organization) as a percent of NYSE CADV either in the second quarter of
2018 or the third quarter of 2018, whichever is lower. The proposed
change, which would allow the Exchange to use the lower or more
favorable (to the SLP) of the two baseline benchmarks, is intended to
allow a greater number of SLPs to qualify for the incremental credits.
    For example, assume a SLP adds liquidity of 0.50% in the second
quarter of 2018 (the ``2Q Baseline''), and adds liquidity of 0.45% in
the third quarter of 2018 (the ``3Q Baseline''). With this proposed
rule change, the Exchange would use the 3Q Baseline to determine
whether the SLP qualifies for the incremental credit because the 3Q
Baseline is more favorable to the SLP than the SLP's 2Q Baseline. If
that same SLP adds liquidity of 0.57% in the billing month, that SLP
would qualify for the incremental $0.0001 per share credit with a step
up of 0.12% over the lessor of the two baselines, or 0.45% using the 3Q
Baseline.
* * * * *
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\6\ 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.
---------------------------------------------------------------------------

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

    The Exchange believes that providing an additional way to qualify
for the Incremental SLP Step Up Tier is reasonable, equitable and not
an unfairly discriminatory allocation of fees because it would
encourage additional liquidity on the Exchange and because members and
member organizations benefit from the substantial amounts of liquidity
that are present on the Exchange. The Exchange believes the proposed
change to adopt an alternate baseline benchmark for the Incremental SLP
Step Up Tier is reasonable because it provides existing SLPs (including
SLPs that are also DMMs) with added incentive to bring additional order
flow to a public market. In particular, the Exchange believes that
making an alternate baseline benchmark available to SLPs would provide
SLPs with an increased opportunity to qualify for the incremental
credit, and would continue to provide an incentive for SLPs to add
liquidity to the Exchange, to the benefit of the investing public and
all market participants. The Exchange believes the proposed changes are
equitable and not unfairly discriminatory because they would continue
to encourage member organizations to send orders, thereby contributing
to robust levels of liquidity, which benefits all market participants.
The proposed changes would also encourage the submission of additional
liquidity to a national securities exchange, thereby promoting price
discovery and transparency and enhancing order execution opportunities
for member organizations from the substantial amounts of liquidity that
are present on the

Exchange. The proposed changes would also encourage the submission of
additional orders that add liquidity, thus providing price improving
liquidity to market participants and increasing the quality of order
execution on the Exchange's market, which would benefit all market
participants. Moreover, the proposed changes are equitable and not
unfairly discriminatory because they would apply equally to all
qualifying SLPs that submit orders to the NYSE and add liquidity to the
Exchange.
    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,\7\ 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. Instead, the Exchange believes that the proposed
change would foster liquidity provision and stability in the
marketplace, thereby promoting price discovery and transparency and
enhancing order execution opportunities for member organizations. In
this regard, the Exchange believes that the transparency and
competitiveness of attracting additional executions on an exchange
market would encourage competition. The Exchange also believes that the
proposed rule change is designed to provide the public and investors
with a Price List that is clear and consistent, thereby reducing
burdens on the marketplace and facilitating investor protection.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, 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 rebates 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 changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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

    No written comments were 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) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 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-2018-67 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-2018-67. 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-2018-67 and should be submitted on
or before February 22, 2019.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-01391 Filed 2-6-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Notices]
[Page 48293-48294]
[DOCID:fr22se09-107]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0022]

Requirements for the OSHA Training Institute Education Centers
Program and the OSHA Outreach Training Program; Requesting the Office
of Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits comments concerning its proposal to obtain OMB
approval of the information collection requirements contained in the
OSHA Training Institute Education Centers Program and the OSHA Outreach
Training Program.

DATES: Comments must be submitted (postmarked, sent, or received) by
November 23, 2009.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than ten (10) pages, you may fax them to the OSHA Docket Office at
(202) 693-1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0022,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2009-
0022). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled ``SUPPLEMENTARY INFORMATION.''
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Jim Barnes,
Director, Office of Training and Educational Programs, or Kimberly
Newell, Program Analyst, OSHA Training Institute Education Centers
Program at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jim Barnes, Director, Office of
Training and Educational Programs, or Kimberly Newell, Program Analyst,
OSHA Training Institute Education Centers Program, Directorate of
Training and Education, OSHA, U.S. Department of Labor, 2020 S.
Arlington Heights Rd., Arlington Heights, IL 60005-4102; Phone: (847)
297-4810.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. Consistent with the authority of Section
21 of the OSH Act, the Agency created two educational programs, the
OSHA Training Institute (OTI) Education Centers Program and the OSHA
Outreach Training Program (Outreach).
    To be a participant in the OTI Education Centers Programs or the
Outreach Training Program, an individual/organization must provide the
Agency with certain information. The requested information is necessary
to evaluate the applicant organization and to implement, oversee, and
monitor the OTI Education Centers and Outreach Training Programs,
courses and trainers. The 13 collection of information requirements are
listed below.

A. Application to become an OSHA Training Institute Education Center
(OTI Education Center);
B. OTI Education Centers Monthly Summary Report for the OTI Education
Centers and the Outreach Training Program Activities;
C. Statement of Compliance with Outreach Training Program Requirements;
D. Outreach Training Program Report Forms (includes Construction,
General Industry, Maritime, and Disaster Site);
E. Online Outreach Training Program Report;
F. Active Trainer List;
G. Collection of Outreach Trainer Misconduct/Complaints;
H. OSHA Training Institute Student Survey;
I. Attendance Documentation for OTI Education Centers;
J. Outreach Online Training Certification Statement;
K. Instructor and Staff Resumes;
L. Course Material upon Request by OSHA from OTI Education Centers; and
M. Course Schedules from OTI Education Centers.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting OMB to approve the information collection
requirements contained in the OSHA Training Institute Education Centers
Program and the OSHA Outreach Training Program. The burden hours for
these programs is estimated to be 11,135.
    The Agency will summarize comments submitted in response to this
notice and will include this summary in the request to OMB.
    Type of Review: Existing collection in use without an OMB control
number.
    Title: OSHA Training Institute (OTI) Education Centers Program, and
OSHA Outreach Training Program Data Collection.
    OMB Number: 1218-0NEW.
    Affected Public: Business or other for-profits; Not-for-profit
institutions; Federal government; State, local and tribal governments.
    Number of Respondents: 10.
    Frequency: On occasion.
    Total Responses: 38,957.
    Average Time per Response: Ranges from 3 minutes (.05 hour) for OTI
Education Centers to provide student training rosters to OSHA to 60
hours for a not-for-profit institution to prepare and submit an
application to become an OTI Education Center.
    Estimated Total: Burden hours: 11,135.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2009-0022). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled
``ADDRESSES''). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so the
Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, TTY<PHONE_NUMBER>.
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31160).

    Signed at Washington, DC, this 16th day of September 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-22802 Filed 9-21-09; 8:45 am]

BILLING CODE 4510-26-P